Borough of Oakmont, PA Property Maintenance

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Editor's Note: This ordinance also repealed former Ch. 1, Property Maintenance, which comprised Art. I, Adoption of Code, adopted 12-22-2003 by Ord. No. O43-2003.

The following sections of the International Property Maintenance Code, 2012 Edition, are hereby revised:

Section 101.1. Insert: "Borough of Oakmont."

Section 101.2. The term "all" in lines one and two shall be deleted.

Section 102.1. The word "all" in line one shall be deleted.

Section 102.3, "Application of Other Codes," is hereby amended to read as follows:

102.3 Application of Other Codes: Repairs, additions or alterations to a structure, or changes of occupancy shall be done in accordance with the procedures and provisions of the Pennsylvania Construction Code Act, 35 P.S. § 7210.101 et seq., as it may from time to time be amended, the Uniform Construction Code Regulations promulgated by the Pennsylvania Department of Labor and Industry, 34 Pa. Code § 401.1 et seq., as it may from time to time be amended and the Borough of Oakmont Uniform Construction Code, Ordinance No. O25-2004, as it may from time to time be amended. Nothing in this code shall be construed to cancel, modify or set aside any provision of the International Zoning Code.

Section 103.5, "Fees," shall read as follows:

103.5 Fees: The fees for activities and services performed by the Borough of Oakmont in carrying out its responsibilities under this Code shall be indicated in a resolution adopted by the Borough of Oakmont and as may be from time to time amended."

Section 104.1, "General," is hereby amended to read as follows:

104.1 General: The Borough shall have authority, as necessary in the interest of public health, safety and general welfare, to adopt and promulgate rules and procedures to be used by the code official to interpret and implement the provisions of this code; to secure the intent thereof; and to designate requirements applicable because of local climatic or other conditions. Such rules shall not have the effect of waiving structural or fire performance requirements specifically provided for in this code, or of violating accepted engineering methods involving public safety.

Section 104.2, "Inspections," is hereby amended to add after the term "code official" the following: "or his/her designated representative."

Section 106.3, "Prosecution of Violation," is hereby amended to read as follows:

106.3 Prosecution of Violation: Any person who fails to comply with any or all of the requirements or provisions of this article or who fails or refuses to comply with any notice, order or direction of the Code Official or any other authorized employee of the municipality shall be guilty of an offense and, upon conviction, shall pay a fine to the Borough of Oakmont of not more than $1,000, plus costs of prosecution. In default of such payment, such person shall be imprisoned in county prison for a period not to exceed 30 days. Each day during which any violation of this article continues shall constitute a separate offense. In addition to the above penalties, all other actions are hereby reserved, including an action in equity for the proper enforcement of this article. The imposition of a fine or penalty for any violation of or noncompliance with this article shall not excuse the violation or noncompliance or permit it to continue, and all such persons shall be required to correct or remedy such violations and noncompliances within a reasonable time.

Section 111.1, "Application for Appeal," is hereby amended to read as follows:

111.1 Application for Appeal: Any person directly affected by a decision of the code official or a notice or order issued under this code shall have the right to appeal to the Board of Appeals, provided that a written application for appeal is filed within 20 days after the day the decision, notice or order was served. Such appeal shall be filed in writing, state the grounds for appeal and be accompanied by the required appeal fee as set by resolution in the Borough of Oakmont Schedule of Fees. An application for appeal shall be based on a claim that the true intent of this code or the rules legally adopted thereunder have been incorrectly interpreted, the provisions of this code do not fully apply, or the requirements of this code are adequately satisfied by other means.

Section 111.2.5, "Compensation of Members," is hereby amended to read as follows:

111.2.5 Compensation of Members: Members of the Board shall receive no compensation.

Section 111.7, "Court Review," is hereby amended to read as follows:

111.7 Court Review: Any person aggrieved by the decision of the Board of Appeals shall have the right to appeal to the Court of Common Pleas, Allegheny County, Pennsylvania, pursuant to the Pennsylvania Local Agency Law, 2 Pa.C.S.A. § 551 et seq.

Section 112.4, "Failure to Comply," shall read as follows:

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 liable to a fine of not more than $600.

Section 302.4, "Weeds," is hereby amended to read as follows:

302.4 Weeds: All premises and exterior property located within 15 feet of an occupied structure shall be maintained free from weeds or plant growth in excess of eight inches. 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 a property to cut and destroy weeds after service of a notice of violation, the owner or agent 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.

Section 302.5, "Rodent Harborage," is hereby amended to read as follows:

302.5 Rodent Harborage: Rodent harborage and insect infestation. All structures and exterior property shall be kept free from rodent harborage and insect infestation. Where rodents or insects are found, they are to be promptly exterminated by approved processes which will not be injurious to human health. After extermination, proper precautions shall be taken to eliminate rodent harborage and prevent reinfestation by both rodents and insects.

Section 302.7, "Accessory Structures," is hereby amended to read as follows:

302.7 Accessory Structures: All accessory buildings, including detached garages, fences, sheds, pools and walls, shall be maintained structurally sound and in good repair.

Section 304.14, "Insect Screens," is hereby amended to add the following dates: "the first day of April to the 31st day of October of every calendar year."

Section 304, "Exterior Structure," is hereby amended to add Section 304.20, "Mosquito Breeding Areas," which will read as follows:

304.20 Mosquito Breeding Areas: Mosquito breeding areas are herein declared as those collections of water in which mosquitoes breed or are likely to breed, including but not limited to ditches, ponds, excavations, barrels, cans, bottles, tubs, buckets, detached tires or other artificial containers.
	304.20.1 Prohibited Acts: It shall be unlawful, a public nuisance and a threat to public health for the owner, lessee or occupant or any agent, servant, representative or employee of any such owner, lessee or occupant, including any person having ownership, occupancy or control of any premises within the municipality between April 1 and October 31 of each year, to have, keep or maintain or cause, suffer or permit the accumulation or collection of any water in which mosquitoes breed or are likely to breed unless such collection of water is treated as hereinafter provided so as to effectively prevent such breeding. Water accumulations that relate to conservation or recreation projects in wetland accumulation or relate to stormwater management are excluded from this prohibition.
	304.20.2 Treatment of Breeding Places: Collections of water in which mosquitoes breed or are likely to breed shall be treated by one or more of the following methods as approved by the Pennsylvania Department of Health, Pennsylvania Department of Environmental Resources or the Borough of Oakmont:
		A.	Screening which will effectively prevent the ingress or egress of mosquitoes.
		B.	Complete emptying, drying and cleaning every seven days of unscreened containers.
		C.	Using a larvicide approved and applied under the direction of the Pennsylvania Department of Health, the Pennsylvania Department of Environmental Resources or the Borough of Oakmont.
		D.	Filling or draining to the satisfaction of the Pennsylvania Department of Health, the Pennsylvania Department of Environmental Resources or the Borough of Oakmont.
		E.	Proper disposal, by removal, destruction or discarding at a properly licensed or authorized disposal site of cans, boxes, bottles, detached tires and similar articles or containers likely to hold water.
		F.	Enclosing or covering with sufficient material to prevent water from collecting within the container or article.
		G.	Openings or holes in such container(s) and article(s) which are likely to hold water so as to permit proper drainage.
	304.20.3 Coordination with state agencies: Where nuisances as specified in this chapter involve a noncompliance with state-enforced legislation or regulation, the municipality shall first refer this complaint to the appropriate state agency for abatement and/or correction. If the nuisance continues without adequate enforcement from the state agency to cause its abatement and/or correction, then the Borough of Oakmont may initiate action under this chapter to bring about abatement and/or correction.

Section 305.1, "General," is hereby amended to read as follows:

	305.1 General: Every owner of any of the following structures shall maintain, in a clean and sanitary condition, the shared or public areas of the structure and exterior property.
		(a) rooming house, (b) housekeeping units, (c) a hotel, (d) a dormitory, (e) any structure having more than two dwelling units and (f) all nonresidential occupancies.

Section 602.3, "Heat Supply," is hereby amended to add the following dates: "the first day of October following to the 31st day of March the next year."

Section 602.4, "Occupiable Work Spaces," is hereby amended to add the following dates: "the first day of October following to the 31st day of March the next year."