[Ord. 488, 8/11/2015, § 1]
That a certain document, a copy of which is on file in the office of the Borough Secretary of Rankin Borough, being marked and designated as the International Property Maintenance Code, 2015 edition, published by the International Code Council, be and is hereby adopted as the Property Maintenance Code of the Borough of Rankin for regulating and governing the conditions and maintenance of all property, buildings and structures; by providing the standards for supplied utilities and facilities and other physical things and conditions essential to ensure that structures are safe, sanitary and fit for occupation and use; and the condemnation of buildings and structures unfit for human occupancy and use, and the demolition of such existing structures as herein provided; providing for the issuance of permits and collection of fees therefor; and each and all of the regulations, provisions, penalties, conditions and terms of the Property Maintenance Code on file in the office of the Secretary of the Borough of Rankin and hereby referred to, adopted, and made a part hereof, as if fully set out in this Part, with the additions, insertions, deletions and changes, if any, prescribed in § 10-102 of this Part.
[Ord. 488, 8/11/2015, § 2; as amended by Ord. 494,
2/9/2016; and by Ord. No. 537, 9/10/2019]
1.
The following sections of the aforementioned Property Maintenance
Code are hereby revised as follows:
A.
Section 101.1. Add "Borough of Rankin" as name of jurisdiction.
B.
Section 103.5. Add "Rankin Borough Annual Fee Resolution" as appropriate
schedule.
C.
Section 111 Means of Appeal. The subsections of Section 111 are amended
to read in their entirety as follows:
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Section 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 a right to appeal to a Rankin Borough appointed
hearing officer, provided that a written application for appeal is
filed within 10 days after the day the decision, notice or order was
served. 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.
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Section 111.2. Appointed hearing officer. The appointed hearing
officer shall be appointed by the Borough Council. Compensation of
the hearing officer shall be paid by the Borough in an amount agreed
to by the Borough Council.
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Section 111.3. Notice of hearing. Where a hearing is timely
requested, the hearing shall be held within 20 days of the filing
of the appeal. Notice of the hearing will be sent by first-class,
U.S. mail, postage prepaid, to the address of the appellant provided
by the appellant on his or her written appeal and shall be deemed
served upon being deposited in the United States mail system.
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Section 111.4. Open hearing. Hearings before the hearing officer
shall be open to the public. The appellant, the appellant's representative,
the code official, and any representative of the Borough having relevant
information or other persons whose interests are affected shall be
given the opportunity to be heard.
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Section 111.4.1 Procedure. The hearing officer shall conduct
the hearing in a manner that does not require compliance with the
strict rules of evidence, but shall mandate the procedures for administrative
hearings be observed generally and that only relevant information
be received.
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Section 111.6 Hearing officer's decision. The hearing officer's
decision shall be in the form of a written memorandum and order with
copies to be furnished to the appellant and the Borough Code Official.
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Section 111.7 Court review. Any person, whether or not a previous
party of the appeal, shall have the right to appeal the hearing officer's
decision, within 30 days of the decision being entered and mailed
to appellant, to the Court of Common Pleas of Allegheny County, Pennsylvania,
in accordance with the relevant provisions of the Pennsylvania Local
Agency Law.
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Section 111.8 Stays of enforcement. Appeals of notice and orders
(other than imminent danger notices) shall stay the enforcement of
the notice and order until the appeal is heard by the hearing officer.
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D.
Section 304.14 shall indicate as relevant date period "March 1 through
December 1."
E.
Section 602.3 shall indicate as relevant date period "September 1
to June 1."
F.
Section 602.4 shall indicate as relevant date period "September 1
to June 1."
[Ord. 488, 8/11/2015, § 3]
Any person who shall violate a provision of the Property Maintenance
Code herein adopted, or fails to comply therewith, or with any of
the requirements thereof, shall be guilty of a misdemeanor. Penalties
for violation shall be no less than $200 per violation and no more
than $1,000 per violation with the actual amount of the penalty within
this range in a particular case to be determined at the discretion
of the magistrate or judge before whom the violation action is brought.
The judge or magistrate is additionally authorized to sentence a violator
to up to 30 days in prison for each violation at his or her discretion.
Each day that a violation continues after due notice has been served
shall be deemed a separate offense. The Borough of Rankin shall also
be entitled to an award of attorney fees and costs incurred in connection
with the violation action. The imposition of the penalties herein
prescribed shall not preclude the Borough of Rankin from instituting
appropriate action to restrain, enjoin, correct or abate a violation,
or to prevent illegal occupancy of a building, structure or premises,
or to stop any illegal or unsafe conduct or activity involving the
utilization of a building, structure or premises.
[Ord. 488, 8/11/2015, § 4
Ordinance No. 399, adopting the 2003 edition of the International
Property Maintenance Code, and all other ordinances or parts of laws
and ordinances in conflict herewith are hereby repealed to the extent
necessary to remedy the conflict.
[Ord. 488, 8/11/2015, § 6]
That nothing in this Part or in the Property Maintenance Code hereby adopted shall be construed to affect any suit or proceeding impending in any court or before any administrative body, 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 § 10-104 of this law; nor shall any just or legal right or remedy of an character be lost, impaired or affected by this legislation.
