[Amended 3-20-1995 by Ord. No. 798; 8-15-2016 by Ord. No. 958]
This article shall be known and designated as the "Property
Maintenance Code of the Borough of Mount Oliver."
[Amended 5-21-2018 by Ord. No. 968]
The Council of the Borough of Mt. Oliver hereby adopts the 2015
International Property Maintenance Code ("IPMC"). Copies of the IPMC
may be examined during regular business hours at the administrative
offices of the Borough of Mt. Oliver.
[Amended 5-21-2018 by Ord. No. 968]
The following sections of the 2015 International Property Maintenance
Code are amended and revised, with additions, deletions and changes
noted, in the following respects:
A.
Section 103, Department of Property Maintenance Inspection. Delete
the reference to "Department of Property Maintenance Inspection,"
and replace the deleted reference with a reference to "Property Maintenance
Code Official."
(1)
Revise Section 103.1 to read:
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103.1. General. The official in charge of enforcing
this ordinance shall be known as the "Code Official." The Code Official
may be an individual or a corporation or other organization providing
Property Maintenance Code enforcement services.
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(2)
Section 103.5, Fees, is revised to read:
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103.5. Fees. Fees shall be as set forth in the
Borough of Mt. Oliver Fee Schedule as adopted by the Borough Council
from time to time by resolution.
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B.
Section 106, Violations. Delete Subsection 106.4, Violation Penalties,
and replace it with the following:
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106.4. Penalties. Any person, firm or corporation
who shall violate any provision of this code shall, upon conviction
thereof, be subject to a fine of not more than $1,000. Each day that
a violation continues shall constitute a separate offense.
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C.
Section 109.5, Costs of Emergency Repairs. Costs incurred in the
performance of emergency work may be paid by the Borough. The legal
counsel of the Borough shall institute appropriate action against
the property owner or agent of the premises where the unsafe structure
is or was located for the recovery of such costs, plus attorneys'
fees, including, but not limited to, filing of municipal claims pursuant
to 53 P.S. § 7107 et seq., for the cost of the emergency
work, 6% interest per annum, plus a penalty of 5% of the amount due
plus attorneys' fees and costs incurred by the Borough in connection
with the emergency work and the filing of the municipal claim.
D.
Section 111, Means of Appeal. Delete Sections 111.1, 111.2, 111.3,
111.4 and 111.5 in their entirety and replace them with the following:
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111. Means of Appeal.
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111.1. Application for Appeal. Any person aggrieved
by a decision of the Code Official or a notice or order issued under
this code shall have the right to appeal, within 20 days after the
date of the decision, notice or order appealed from, to the Borough
of Mt. Oliver Borough Council. The Borough Council may hear the appeal
or may designate the Construction Code Board of Appeals ("Board"),
which Board shall have jurisdiction to hear and rule on appeals filed
hereunder. Such appeal shall be filed in writing, shall state the
grounds for appeal, shall be accompanied by the required appeal fee,
$50 or such other fee as set under the Borough of Mt. Oliver Fee Schedule
by resolution, and shall be processed and heard in accordance with
the Local Agency Law and, if assigned to the Board, the procedural
requirements of the Borough of Mt. Oliver Construction Code Board
of Appeals Rules of Procedure and Operation, provided, further, that
any substantive requirements of such Rules of Procedure and Operation
applicable only to appeals under the Uniform Construction Code shall
not apply to appeals under the Property Maintenance Code. All advertising
and court reporter costs resulting from the appeal will be paid by
the appellant prior to commencement of the appeal hearing.
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111.2. All appeals under the Property Maintenance
Code must be based on a claim that the true intent of this code or
the rules legally adopted thereunder have been incorrectly interpreted,
that the provisions of this code do not apply, that the requirements
of this code are satisfied by other means or that the strict application
of the code would cause an undue hardship due to the unique circumstances
involving the property in question such that strict application of
the code would prevent the property owner or occupant from making
reasonable use of the property.
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111.3. The appeal tribunal may consider the following
factors in deciding a claim of hardship:
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111.3.1. Whether the owner or occupant has complied
with prior orders or agreements covering maintenance of the property;
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111.3.2. Whether the owner or occupant has a history
of investment or improvement at the property;
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111.3.3. Whether the cost of repair or compliance
is reasonable in relation to the value of the property and the danger
presented by the property;
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111.3.4. Whether enforcement of the code would
result in a taking without compensation;
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111.3.5. The length of time any violations have
existed;
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111.3.6. Degree of mitigation attempted;
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111.3.7. Number and severity of violations at the
property;
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111.3.8. Visibility of violations from the street
and neighboring properties;
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111.3.9. Existence of similar conditions at neighboring
properties;
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111.3.10. Danger presented by the violations to
children or the sick or elderly.
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111.4. The appeal tribunal shall have no authority
to waive requirements of the Property Maintenance Code except upon
a finding of undue hardship made pursuant to Sections 111.1, 111.2
and 111.3.
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111.5. The appeals board shall decide appeals based
on the vote of a majority of a quorum of the board.
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E.
Section 304, Exterior Structure, Section 304.14, Insect Screens.
Insert the words "April 1 to October 31" in the spaces provided in
the first sentence of this section.
F.
Section 308.2, Disposal of Rubbish. Amend this section to read as
follows:
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308.2. Disposal of Rubbish. Both the owner and
occupant of a structure shall be responsible for the disposal of all
rubbish in a clean and sanitary manner by placing such rubbish in
approved containers.
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G.
Section 308.3, Disposal of Garbage. Amend this section to read as
follows:
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308.3. Disposal of Garbage. Both the owner and
occupant of a structure shall be responsible for the disposal of garbage
in a clean and sanitary manner by placing such garbage in an approved
garbage disposal facility or approved garbage containers.
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H.
Section
302.4, Weeds. Amend this section to read as follows:
[Added 9-21-2020 by Ord.
No. 987]
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302.4. Weeds. Premises and exterior property shall
be maintained free from weeds or plant growth in excess of eight inches
in height. 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, occupant and/or agent
having charge of a property to cut and destroy weeds after service
of a notice of violation, they shall be subject to prosecution in
accordance with Section 106.3 and as prescribed by the Borough of
Mount Oliver. Upon failure to comply with the notice of violation,
any duly authorized employee of the Borough of Mount Oliver or contractor
hired by the Borough 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, occupant and/or
agent responsible for the property, and such costs, together with
any interest, penalty, charges, expenses and fees, and attorney fees
authorized for Borough municipal claims, may be filed as a lien against
the property in violation.
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A.
Grass and weeds. No person owning or occupying any property within
the Borough of Mount Oliver shall permit poison ivy, poison oak, poison
sumac, or any other similar noxious and harmful weed to remain growing
on his/her premises, nor shall be/she permit any grass, weeds, or
vegetation not edible or planted for some useful purpose to grow or
remain on such premises so as to exceed a height of eight inches.
B.
Hedges, shrubs, and trees.
(1)
Hedges, shrubs, and trees shall not impede on pedestrian and
vehicular traffic and should be kept neat and orderly at all times
and free of any significant foreign weeds or other vegetation.
(2)
Dangerous or dead limbs that are deemed to be hazardous shall
be removed by the property owner.
(3)
The Borough of Mount Oliver reserves the right to trim, cut,
or remove any trees, shrubs, or other vegetation growing on adjacent
property to the extent that they overhang or encroach on any Borough
street, alley, or public right-of-way and are deemed to be a nuisance
or a hazard.
C.
Streets and sidewalks.
(1)
Sidewalks shall be kept free of any weeds or other vegetation
growing in cracks.
(2)
Sidewalks shall be in broom-swept condition immediately following
lawn or landscaping activities. It shall be prohibited to sweep or
blow grass clippings, trimmings, or other vegetative debris for the
purpose of disposal into any Borough street or alley.
