Township of New Hanover, PA
Montgomery County
By using eCode360 you agree to be legally bound by the Terms of Use. If you do not agree to the Terms of Use, please do not use eCode360.
[Ord. 06-07, 10/9/2006, § 1; as amended by Ord. 17-07, 7/24/2017]
The Board of Supervisors of New Hanover Township hereby adopts the International Property Maintenance Code, 2015, as published by the International Code Council, as the Property Maintenance Code of New Hanover Township.
[Ord. 06-07, 10/9/2006, § 2; as amended by Ord. 17-07, 7/24/2017]
1. 
The Board of Supervisors hereby revises the provisions of the International Property Maintenance Code, 2015, in the following manner:
A. 
Section 101.1 of the International Property Maintenance Code, 2015, shall be revised to substitute the terms "New Hanover Township" for "Name of Jurisdiction."
B. 
The title of § 103 of the International Property Maintenance Code, 2015, shall be revised to hereafter provide as follows "Code Official and Deputies."
C. 
Section 103.1 of the International Property Maintenance Code, 2015, shall be revised to hereafter provide as follows:
(1) 
Creation of the Office of the Code Official. The office of Code Official is hereby created and the executive official(s) in charge thereof shall be known as the Code Official.
D. 
Section 103.2 of the International Property Maintenance Code, 2015, shall be revised to hereafter provide as follows:
(1) 
Appointment. The Code Official shall be appointed by the Board of Supervisors and shall serve at the pleasure of the Board of Supervisors.
E. 
Section 103.5 of the International Property Maintenance Code, 2015, shall be revised to hereafter provide as follows:
(1) 
Fees. The fee for all work permits, charges, etc., shall be paid in accordance with the fee schedule resolution in effect at the time application is made.
F. 
The title to Section 104.6 of the International Property Maintenance Code, 2015, shall be revised to hereafter provide as follows "Code Official's Records."
G. 
Section 106.3 of the International Property Maintenance Code, 2015, shall be revised to hereafter provide as follows:
(1) 
Prosecution of Violation. Persons who shall violate a provision of this code, fail to comply with any of the requirements thereof or erect, install, alter or repair work in violation of the approved construction documents or directive of the Code Official, or of a permit or certificate issued under the provisions of this code, shall be guilty of a summary offense, punishable by a fine of not more than $1,000 per violation. Each day that a violation continues after due notice has been served shall be deemed a separate offense.
H. 
Section 107.4 of the International Property Maintenance Code, 2015, is revised by deleting the reference to "§ 106.4" and by substituting in the place thereof "§ 106.3."
I. 
Section 111 of the International Property Maintenance Code, 2015, is hereby revised to hereafter provide as follows:
(1) 
Section 111.2 Membership of Board. The Board of Appeals shall consist of the New Hanover Township Board of Supervisors. The code official shall be an ex-officio member, but shall have no vote on any matter before the Board.
(2) 
Section 111.2.1 Alternate Members. The Board of Appeals shall appoint two or more alternate members who shall be called by the Board Chairman to hear appeals during the absence or disqualification of a member. Alternate members shall be qualified by experience and training to pass on matters pertaining to property maintenance and shall not be employees of New Hanover Township.
(3) 
Section 111.2.2 Chairman. The Chairman of the Board of Supervisors shall serve as Chairman of the Board of Appeals.
(4) 
Section 111.2.3 Disqualification of Members. A member shall not hear an appeal in which that member has a personal, professional or financial interest.
(5) 
Section 111.2.4 Secretary. The Township Secretary or the Assistant Township Secretary shall serve as the Secretary to the Board. This Secretary shall file a detailed record of all proceedings in the office of the Township Manager.
(6) 
Section 111.2.5 Compensation of Members. Compensation of members shall be determined by law.
J. 
Section 202 of the International Property Maintenance Code, 2015, is hereby revised to include the following definitions, along with those listed:
(1) 
Occupied. As applied to a building or portion thereof, shall be construed as though followed by the words "or intended, arranged or designed to be occupied, or having a certificate of use and occupancy."
(2) 
One-Family Dwelling. A building containing one dwelling unit.
(3) 
Two-Family Dwelling. A building containing two dwelling units.
K. 
The definition of the term "owner" as set forth in § 202 of the International Property Maintenance Code, 2015, is hereby revised to delete the phrase "if ordered to take possession of real property by a court."
L. 
Section 301 of the International Property Maintenance Code, 2015, is hereby revised to add Subsection 301.2.1 which shall hereafter provide as follows:
(1) 
Section 301.2.1. Where properties abut a public right-of-way, the abutting property owner shall be responsible for the maintenance of the area between their property line and the cartway, including the curb, the sidewalk and grass areas between the curb and the property line.
M. 
Section 302 of the International Property Maintenance Code, 2015, is hereby revised to add a new Subsection 302.3.1 which shall hereafter provide as follows:
(1) 
Section 302.3.1. Where sidewalks exist, those responsible (see § 301.2.1, as amended) for the sidewalks shall have at least a two-foot-wide path cleared of snow and ice within 24 hours after the cessation of the snowfall.
N. 
Section 302 of the International Property Maintenance Code, 2015, is hereby revised by adding a revised Subsection 302.4, "Weeds," which shall hereafter provide as follows:
(1) 
Section 302.4. No person, firm or corporation owning any residential property with an area of 25,000 square feet or less within the Township of New Hanover shall permit any grass or weeds or any vegetation whatsoever, not edible or planted for some useful or ornamental purpose, to grow or remain in the front, side or rear yard to exceed a height of six inches. Any grass, weeds or other vegetation, as described above, growing upon any premises in the Township of New Hanover is in violation of any of the provisions of this section, is hereby declared to be a nuisance and detrimental to the health, safety, cleanliness and comfort of the inhabitants of the Township. The owner of any premises shall remove, trim or cut all grass, weeds or other vegetation growing or remaining upon such premises in violation of the provisions of the first section of this part.
O. 
Section 302.8 of the International Property Maintenance Code, 2015, shall be revised to hereafter provide as follows:
(1) 
Motor Vehicles. Only one intact inoperative or unlicensed motor vehicle shall be parked, stored or kept on any premises. A vehicle of any type is permitted to undergo major overhaul, including body work, provided that such work is performed inside a structure or similarly enclosed area designated and approved for such purposes.
P. 
Section 304.14 of the International Property Maintenance Code, 2015, shall be revised to substitute the date of "May 15" for the first reference to "Date" and "October 15" for the second reference to "Date."
Q. 
Section 402.1 of the International Property Maintenance Code, 2015, is hereby revised to substitute the following paragraphs in the place of the subparagraph titled "Exception":
(1) 
Exception:
(a) 
Where natural light for rooms or spaces without exterior glazing areas is provided through an adjoining room, the unobstructed opening to the adjoining room shall be at least 8% of the floor area of the interior room or space, but not less than 25 square feet (2.33 m2). The exterior glazing area shall be based on the total floor area being served.
(b) 
Where acceptable and approved by the Code Official, artificial light may be used to supplement the natural light required under this section.
R. 
Section 403.1 of the International Property Maintenance Code, 2015, is hereby revised to substitute the following paragraphs in the place of the subparagraph titled "Exception":
(1) 
Exception:
(a) 
Where rooms and spaces without openings to the outdoors are ventilated through an adjoining room, the unobstructed opening to the adjoining room shall be at least 8% of the floor area of the interior room or space, but not less than 25 square feet (2.33 m2). The ventilation openings at the outdoors shall be based on a total floor area being ventilated.
(b) 
Where approved by the Code Official, mechanical ventilation may be used to supplement the ventilation required by the provisions of this section.
S. 
Section 602.3 of the International Property Maintenance Code, 2015, is revised to substitute the date "October 15" for the first reference "Date," and "May 15" for the second reference to "Date."
T. 
Section 602.4 of the International Property Maintenance Code, 2015, is hereby revised to substitute the date "October 15" for the first reference to "Date," and the date of "May 15" for the second reference to "Date."
U. 
The references to the "Building Official" as set forth in the International Property Maintenance Code, 2015, shall be revised to substitute in the place thereof the terms "Code Official."
V. 
The International Property Maintenance Code, 2015, shall be revised to substitute the terms the "Board of Supervisors" in all instances referencing the terms the "governing body."
[Ord. 06-07, 10/9/2006, § 4]
The provisions of this part, so far as they are the same as those of ordinances and regulations in force immediately prior to the enactment of this part, are intended as a continuation of such ordinances and regulations and not as new enactments. The provisions of the part shall not affect any act done or liability incurred, nor shall they affect any suit of prosecution pending or to be instituted to enforce any of these repealed ordinances or regulations.