[HISTORY: Adopted by the Board of Supervisors of the Township
of West Manheim 10-1-2015 by Ord.
No. 4-2015.[1] Amendments noted where applicable.]
GENERAL REFERENCES
Brush, grass and weeds — See Ch. 82.
Uniform construction codes — See Ch. 110.
Plumbing — See Ch. 186.
Solid waste collection — See Ch. 214.
[1]
Editor’s Note: This ordinance also repealed former Ch.
193, Property Maintenance, adopted 3-20-2007 by Ord. No. 2-2007, as
amended.
That a certain document, a copy of which is on file in the office of the Secretary of the Township of West Manheim, being marked and designed 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 West Manheim, York County, Pennsylvania, (the "Township"); 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, and deletions and changes, if any, prescribed in § 193-3 of this chapter.
Ordinance No. 02-2007 and all other ordinances or parts of ordinances
in conflict herewith are hereby repealed.
That the International Property Maintenance Code is amended
and revised in the following respects:
A.
Section 101.1, Title, shall be amended to read: "These regulations
shall be known as the West Manheim Township Property Maintenance Code,
hereinafter referred to as "this code."
B.
Section 103.5, Fees, shall be amended to read: "The fees for activities
and services performed by the Township in carrying out its responsibilities
under this code shall be indicated in the most recently adopted fee
schedule for services and permits."
C.
Section 106.4, Violation penalties, shall be amended to read: "Any
person, firm or corporation who shall violate any provision of this
code, upon conviction thereof in an action brought before a Magisterial
District Judge in the manner provided for the enforcement of summary
offenses under the Pennsylvania Rules of Criminal Procedure, shall
be sentenced to pay a fine of not more than $1,000, plus costs, and,
in default of payment of said fine and costs, to a term of imprisonment
not to exceed 90 days. Each day that a violation of this code continues
or each section of this article which shall be found to have been
violated shall constitute a separate offense."
D.
Section 107.2, Form (Notices and Orders), portions of which currently
read: "1. Be in writing; 5. Inform the property owner of the right
to appear," shall be amended to read: "1. A written notice shall be
sent to the property owner and the occupant; 5. Inform the property
owner and occupant of the right to appeal."
E.
Section 107.3, Method of Service, which currently reads: "Such notice
shall be deemed to be properly served if a copy thereof is: 1. Delivered
personally; 2. Sent by certified or first-class mail addressed to
the last known address; 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"
shall be amended to read: "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, Notice, which currently reads: "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
or the person or persons responsible for the structure or equipment
in accordance with Section 107.3..." shall be amended to read: "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, Placarding, which currently reads: "Upon failure of
the owner 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" shall be amended
to read: "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, Membership of Appeals Board, shall be amended to read:
"The Board of Appeals shall consist of a minimum of three members
of the West Manheim Township Board of Supervisors. The code official
shall be an ex-officio member but shall not have a vote on any matter
before the Appeals Board."
I.
Section 111.2.1, Alternate Members, shall be amended to read: "The
Board of Supervisors 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, Chairman, shall be amended to read: "The Board Chairman
shall be the current Chairman of the Board of Supervisors."
K.
Section 112.4, Failure to comply, which currently reads: "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 liable to a fine of not
less than (Amount) dollars or more than (Amount) dollars" shall be
amended to read: "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 fines and penalties as described in Section 106.4 of
this Code."
L.
Section 302.4, Weeds: The first sentence shall be amended to read:
"All premises and exterior property shall be maintained free from
weeds or plant growth in excess of 12 inches."
M.
Section 304.3, Premises Identification, shall be amended to read:
"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.
Address numbers shall be Arabic numerals or alphabet letters. Numbers
shall be a minimum of four inches high, with a minimum stroke width
of 0.5 inches for residential uses and six inches high for nonresidential
uses.
N.
Section 304.14, Insect Screens: The first sentence shall be amended
to read "During the period from January 1st to December 31st, every
door..."
O.
The following section shall be added:
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Section 310 Brush and limbs.
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310.1 General. If authorized by the Board of Supervisors, West
Manheim residents may place brush/limbs curbside on a dedicated Township
street or road for collection.
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310.2 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.
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310.3 Vehicular hazard. Brush/limbs shall not be placed in front
of driveways and/or mailboxes or within 30 feet of any street intersection.
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310.4 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 the 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.
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310.5 Size requirements. Brush/limbs shall be no larger than
three inches in diameter or smaller than 1/2 inch in diameter.
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P.
Section 602.3, Heat Supply. Insert: "January 1st to December 31st."
Q.
Section 602.4, Occupiable Workspace. Insert: "January 1st to December
31st."
That if any section, subsection, sentence, clause or phase of
this chapter is, for any reason, held to be unconstitutional, such
decision shall not affect the validity of the remaining portions of
this chapter. West Manheim Township hereby declares that it would
have passed this chapter, and each sections, subsections, sentences,
clauses and phrases be declared unconstitutional.
That 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 § 193-2 of this chapter; nor shall any just or legal right or remedy of any character be lost, impaired or affected by this chapter.
This chapter shall become effective immediately.
