[HISTORY: Adopted by the Borough Council of the Borough of
Harveys Lake 4-21-2015 by Ord.
No. 1-2015. Amendments noted where applicable.]
A certain document, one copy of which is on file in the office of the Department of Code Enforcement of Harveys Lake Borough, being marked and designated as the International Property Maintenance Code, 2012 edition, as published by the International Code Council, be and is hereby adopted as the Property Maintenance Code of Harveys Lake Borough, in the Commonwealth of Pennsylvania 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 and each and all of the regulations, provisions, penalties, conditions and terms of said Property Maintenance Code on file in the office of the Department of Code Enforcement of Harverys Lake Borough are hereby referred to, adopted, and made a part hereof, as if fully set out in this legislation, with the additions, insertions, deletions and changes prescribed in § 33A-2 of this chapter.
The following sections are hereby revised:
A.
Section 101.1: Insert "Harveys Lake Borough."
B.
Section 103.5: Insert "The fees for activities and services performed
by this department in carrying out its responsibilities under this
code shall be in accordance with the Fee Schedule as established by
Harveys Lake Borough, by resolution."
C.
Section 104.1: Amend to read as follows:
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Harveys Lake Borough may appoint a code official from time to
time by resolution to enforce the provisions of this code. The code
official shall have the authority to render interpretations of this
code and to adopt policies and procedures in order to clarify the
application of its provisions. Such interpretations, policies and
procedures shall be in compliance with the intent and purpose of this
code. Such policies and procedures shall not have the effect of waiving
requirements specifically provided for in this code.
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D.
Section 106.3: Substitute "summary offense" for any reference to
"misdemeanor."
E.
Section 106.4: Amend to read as follows:
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Enforcement of this chapter may be by action brought before
a Magisterial District Justice in the same manner provided for the
enforcement of summary offenses under the Pennsylvania Rules of Criminal
Procedure. The Harveys Lake Borough Solicitor may assume charge of
the prosecution. Any person in violation of any provision of the chapter,
upon conviction thereof, shall pay a fine of not less than $50 nor
more than $1,000 per violation, and/or be sentenced to a term of imprisonment
either upon conviction or for failure to pay court costs to include
the municipal solicitor fees. Each day on which a violation of this
chapter exists shall be considered a separate violation.
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F.
Section 107.2: The notice form as stated in this section is adopted
in its entirety except Subpart 5, relating to informing the property
owner of the right to appeal, which subpart shall only be required
when a condemnation is sought under Section 108 or a demolition is
sought under Section 110.
G.
Section 108.6: Amend to read as follows:
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The owner, operator or occupant of a building, structure, premises
or equipment deemed unsafe or unfit for human occupancy or use by
the code official shall abate or cause to be abated or corrected such
conditions rendering the building, structure, premises or equipment
unsafe or unfit either by repair, rehabilitation, demolition or other
approved action. If the owner, operator or occupant fails to abate
or correct such conditions within a reasonable time the code official
may cause the abatement or correction to occur, either through an
available public agency or by contract or arrangement with private
persons, and the cost of such abatement or correction may be charged
against the owner or the real estate upon which the building, structure,
premises or equipment is located, and shall be a lien upon such real
estate.
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H.
Section 111.1: Amend to read as follows:
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Any person directly affected by a decision of the code official
or a notice or order issued under this code relating to a condemnation
under Section 108 or a demolition under Section 110 shall have the
right to appeal to the Board of Appeals, provided that a written application
for appeal is filed with the Borough Secretary within 20 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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I.
Section 111.2.1: Amend to read as follows:
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The Harveys Lake Borough Council may appoint two or more alternate
members, from time to time by resolution, who shall be called by the
Board Chairman to hear appeals during the absence or disqualification
of a member. Alternate members shall possess the qualifications required
for Board membership.
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J.
Section 111.2.4: Amend to read as follows:
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The Harveys Lake Borough Council shall designate, from time
to time by resolution, a qualified person to serve as Secretary to
the Board, who may be an employee of the Borough. The Secretary shall
file a detailed record of all proceedings with the Harveys Lake Borough
Council.
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K.
Section 111.2.5: Amend to read as follows:
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Compensation of members of the appeal board, the secretary of
the appeal board, and the solicitor to the appeal board, if any, shall
be provided for by Harveys Lake Borough Council from time to time
by resolution.
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L.
Section 111.4.1: Amend to read as follows:
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The appeals board shall conduct a hearing consistent with requirements
of due process, but strict compliance with rules of evidence shall
not be required.
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M.
Section 111.5: Amend to read as follows:
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A hearing shall be scheduled before the appeals board within
60 days of the filing of the application for appeal. Any party may
request a reasonable continuance of the hearing for good cause shown,
and the appeals board shall decide any requests for continuance.
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N.
Section 111.6.1: Amend to read as follows:
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Any hearing before the appeals board shall be stenographically
recorded. The decision of the board shall be in writing with copies
furnished to the appellant or his legal representative and to the
code official, and shall be filed with the Borough Secretary. The
decision shall be made within 30 days of the final hearing, but no
later than 120 days from the date the appeal was filed, unless extension
of these dates are agreed upon by both the appellant or his legal
representative and the code official on the record at one of the hearings
or in writing addressed to the appeals board. Failure to file a timely
decision shall constitute a granting or sustaining of the appeal.
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O.
Section 111.6.2: Amend to read as follows:
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The code official shall take immediate action in accordance
with the decision of the board, subject to the rights specified in
Section 111.7 below.
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P.
Section 111.7: Amend to read as follows:
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Appeals from the decision of the appeals board shall be made
pursuant to the Local Agency Law.
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Q.
Section 112.4: Insert "$100" and "$1,000."
R.
Section 202: Amend the following definitions to read as follows:
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OWNER. A person, agent, operator, firm or corporation having
a legal or equitable interest in the property; or recorded in the
official records of the state, county or municipality as holding title
to the property; or otherwise having control of the property including
the principals of a limited liability company or officer, director
or shareholder of a corporation if that individual is responsible
for the management and control of the property; including the guardian
of the estate of any such person, and the executor or administrator
of the estate of such person if ordered to take possession of real
property by a court.
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PERSON. Every natural person, firm, corporation, partnership,
association, or institution.
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S.
Section 302.3: Amend to read as follows:
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All sidewalks, walkways, stairs, driveways, parking spaces and
similar areas for public use shall be kept in a proper state of repair,
free of all snow, ice, mud, overhanging trees, shrubs, and other debris
which obstruct walkways and shall be maintained free of hazardous
conditions. Removal of snow and/or ice is to be accomplished so that
a walkway of at least three feet in width shall be cleared along the
entire extent of such sidewalk within 24 hours after the same has
ceased to fall or to be formed.
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T.
Section 302.4: Insert "10 inches."
U.
Section 602.3: Insert "from October 1 to May 15."
V.
Section 602.4: Insert "from October 1 to May 15."
W.
Section 705: Addition of the following section:
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Any residential rental unit as defined as any dwelling unit
or structurally enclosed area including or limited to be used as the
living quarters for one or more individuals and not occupied by the
owner thereof shall have installed adjacent to any sleeping area a
carbon monoxide (CO) detector. The provisions relating to the source
of power set forth in Section 704.3 above shall apply to carbon monoxide
detectors.
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All prior ordinances inconsistent with any provision of this
chapter are repealed to the extent necessary to give effect to the
provisions of this chapter. Since this chapter is meant to consolidate
all prior ordinances relating to the International Property Maintenance
Code, all other Property Maintenance Code ordinances of Harveys Lake
Borough are specifically repealed.
