Township of Penn, PA
York County
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[HISTORY: Adopted by the Board of Commissioners of Penn Township 3-15-2010 by Ord. No. 712. Amendments noted where applicable.]
GENERAL REFERENCES
Brush, grass and weeds — See Ch. 94.
Trees — See Ch. 294.
A certain document, a copy of which is on file in the Office of the Secretary of the Township of Penn, being marked and designated as "The International Property Maintenance Code, 2009 Edition" as published by the International Code Council, be and is hereby adopted as the Property Maintenance Code of the Township of Penn, York County, Pennsylvania; for regulating and governing the conditions and maintenance of all property, buildings and structures as herein provided; and each and all of the regulations, provisions, penalties, conditions, and terms of said Property Maintenance Code are hereby referred to, adopted, and made a part hereof, as if fully set out in this chapter, with the additions, insertions, deletions and changes, if any, prescribed in § 225-3 of this chapter.
Ordinance Nos. 658 and 666 and all other ordinances or parts of ordinances in conflict herewith are hereby repealed.
The International Property Maintenance Code is amended and revised in the following respects:
A. 
Section 101.1 shall be amended to read:
101.1 Title: These regulations shall be known as the Penn Township Property Maintenance Code, hereinafter referred to as "this code."
B. 
Section 106.4 shall be amended to read:
106.4 Violation Penalties: Any person, firm or corporation, who shall violate any provision of this code shall be subject to the fines and penalties as set forth in Chapter 1, Article II, GENERAL PENALTY, of the Penn Township Code. Each day that a violation continues shall be deemed a separate offense.
C. 
Subsection 1 of Section 107.2, Form, shall be amended to read:
[Added 8-20-2012 by Ord. No. 741]
1.
A written notice shall be sent to the property owner and the occupant.
D. 
Subsection 5 of Section 107.2, Form, shall be amended to read:
[Added 8-20-2012 by Ord. No. 741]
5.
Inform the property owner and occupant of the right to appeal.
E. 
Section 107.3 shall be amended to read:
[Added 8-20-2012 by Ord. No. 741]
107.3 Method of Service: Such notice shall be deemed to be properly served if a copy thereof is:
1.
Delivered personally to either the owner or occupant;
2.
Sent by certified or first-class mail addressed to the occupant or to the last known address of the owner; or
3.
If the notice is returned showing that the letter was not delivered, a copy thereof shall be posted in a conspicuous place in or about the structure affected by such notice.
F. 
Section 108.3 shall be amended to read:
[Added 8-20-2012 by Ord. No. 741]
108.3 Notice: Whenever the code official has condemned a structure or equipment under the provisions of this section, notice shall be posted in a conspicuous place in or about the structure affected by such notice and served on the owner, occupant or the person or persons responsible for the structure or equipment in accordance with Section 107.3 . . .
G. 
Section 108.4 shall be amended to read:
[Added 8-20-2012 by Ord. No. 741]
108.4 Placarding: Upon failure of the owner, occupant or person responsible to comply with the notice provisions within the time given, the code official shall post on the premises or on defective equipment a placard bearing the word "Condemned" and a statement of the penalties provided for occupying the premises, operating the equipment or removing the placard.
H. 
Section 111.2 shall be amended to read:
111.2 Membership of Board: The Board of Appeals shall consist of a minimum of three members of the Penn Township Board of Commissioners. The code official shall be an ex officio member but shall not have no vote on any matter before the Board.
I. 
Section 111.2.1 shall be amended to read as follows:
111.2.1 Alternate Members: The Board of Commissioners may appoint two or more alternate members who shall be called by the Board President to hear appeals during the absence of or disqualification of a member.
J. 
Section 111.2.2 shall be amended to read:
111.2.2 Chairman: The Board Chairman shall be the current President of the Board of Commissioners.
K. 
Section 111.3 shall be amended to read:
111.3 Notice of Meeting: The Board shall meet within 20 business days of the filing of an appeal, or at stated periodic public meetings.
L. 
Section 111.4 shall be amended to read:
111.4 Open Hearing: All hearings before the Board shall be open to the public. The appellant, the appellant's representative, the code official and any person whose interests are affected shall be given an opportunity to be heard. A quorum shall consist of a minimum of three board members.
M. 
Section 112.4 shall be amended to read:
[Added 8-20-2012 by Ord. No. 741]
112.4 Failure to comply: Any person who shall continue any work after having been served with a stop-work order, except such work as that person is directed to perform to remove a violation or unsafe condition, shall be subject to the penalties for violations as described in Chapter 1, Article I, of the Penn Township Code.
N. 
Section 302.4 shall be amended to read:
[Amended 8-19-2013 by Ord. No. 750]
302.4 Weeds: All premises and exterior property shall be maintained free from weeds or plant growth in excess of 10 inches in height. All noxious weeds shall be prohibited. Weeds shall be defined as all grasses, annual plants and vegetation other than trees or shrubs; provided, however, this term shall not include cultivated flowers and gardens.
Upon failure of the owner or agent having charge of property to cut and destroy weeds after service of a notice of violation, he or she shall be subject to prosecution in accordance with Section 106.3 and as prescribed by the authority having jurisdiction. Upon failure to comply with the notice of violation, any duly authorized employee of the jurisdiction or contractor hired by the jurisdiction shall be authorized to enter upon the property in violation and cut and destroy the weeds growing thereon, and the costs of such removal shall be paid by the owner or agent responsible for the property.
O. 
Section 302.45 will be added to read:
[Amended 7-21-2014 by Ord. No. 763]
302.45 Grass and Weeds in Street: No person shall be allowed to let lie mowed grass or weeds directed from any property to a public street. Weeds and grass blown, mowed or otherwise directed into any public street shall be promptly removed from the street so as to not create a hazardous condition or allow said grass and weeds to enter or flush into a stormwater drain or culvert.
P. 
Section 304.3 shall be amended to read:
304.3 Premises Identification: Buildings shall have approved address numbers placed in a position to be plainly legible and visible from the street or road fronting the property. These numbers shall contrast with their background. Numbers shall be a minimum of three inches high for residential uses and 5 1/2 inches high for nonresidential uses.
Q. 
The first sentence of Section 304.14 shall be amended to read: "During the period from May 1 to October 31 every door, window and other outside opening used or required for ventilation purposes serving any building containing habitable rooms, food preparation areas, food service areas, or any areas where products used in food for human consumption are processed, manufactured, packaged or stored, shall be supplied with approved tightly fitting screens of not less than 16 mesh per inch and every swinging door shall have a self-closing device in good working condition."
R. 
The following Section 309 shall be added:
Section 309 — Brush and limbs
309.1 General. If authorized by the Board of Commissioners, Penn Township residents may place brush/limbs curbside on a dedicated Township street or road for collection.
309.2 Placement of Brush/limbs. Upon notification by the Township of a brush/limb collection project, every occupant of a residential structure may place brush/limbs curbside in front of the residence from which the brush/limbs originated. Brush/limbs shall not be placed curbside sooner than 10 days prior to the scheduled collection date.
309.3 Vehicular Hazard. Brush/limbs shall not be placed in front of driveways and/or mailboxes or within 30 feet of any street intersection.
309.4 Excessive Accumulation. Curbside placement of brush/limbs shall be limited to normal and routine property maintenance and not for the purpose of removing large trees or shrubbery associated with landscaping projects. Should the Township determine that an accumulation of brush/limbs is excessive and/or beyond the collection capabilities of the public works department, the resident shall be notified to have the excessive accumulation removed within five days of notification.
309.5 Size Requirements. Brush/limbs shall be no larger than three inches in diameter or smaller than 1/2 inch in diameter.
S. 
Section 602.3 shall be amended to read:
602.3 Heat Supply: Every owner and operator of any building who rents, leases or lets one or more dwelling unit, rooming unit, dormitory or guest room on terms, either express or implied, to furnish heat to the occupants thereof shall supply sufficient heat to maintain a room temperature of not less than 65° F. (18° C.) in all habitable rooms, bathrooms and toilet rooms during the hours between 6:30 a.m. and 10:30 p.m. of each day and not less than 60° F. (16° C.) during other hours.
Nothing in this chapter or in the Property Maintenance Code hereby adopted shall be construed to affect any suit or proceeding impending in any court, or any rights acquired, or liability incurred, or any cause or causes of action acquired or existing, under any act or ordinance hereby repealed as cited in § 225-2 of this chapter; nor shall any just or legal right or remedy of any character be lost, impaired or affected by this chapter.