Borough of Bath, PA
Northampton 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.
Table of Contents
Table of Contents
[HISTORY: Adopted by the Borough Council of the Borough of Bath 5-3-2010 by Ord. No. 2010-619. Amendments noted where applicable.]
GENERAL REFERENCES
Uniform construction codes — See Ch. 270.
Fire prevention — See Ch. 310.
Distressed and vacant properties — See Ch. 466.
A certain document, at least three copies of which are on file and available for public use, inspection and examination in the offices of the Borough of Bath, being marked and designated as "International Property Maintenance Code, 2009 Edition," as published by the International Code Council, Inc., be and is hereby adopted as the Borough of Bath Property Maintenance Code for the control of buildings and structures as herein provided; and each and all of the regulations, provisions, penalties, conditions and terms of the said International Property Maintenance Code are hereby refereed to, adopted and made a part hereto, as if fully set out in this chapter, with the additions, amendments, insertions, deletions, modifications and changes, if any, as prescribed below in this chapter.
The following insertions and modifications shall be made in the Borough of Bath Property Maintenance Code at the places hereinafter indicated:
A. 
Chapter 1, Scope and Administration, Section 101, General, Subsection IPM-101.1, Title (page 1). Modify subsection 101.1, which subsection shall read as follows: "101.1 Title. These regulations shall be known as the Borough of Bath Property Maintenance Code, hereinafter referred to as 'this code.'"
B. 
Chapter, 1 Administration and Enforcement, Section 103, Department of Property Maintenance Inspection, Subsection IPM-103.5, Fees (page 2). Modify subsection 103.5, which subsection shall read as follows: "103.5 Fees. The fees for activities and services performed by the department in carrying out its responsibilities under this code and for an appeal from a decision of the code official shall be as indicated on the 2010 Schedule of Fees, adopted by Resolution No. 2009-13 on December 7, 2009, which schedule of fees is on file and available for public use, inspection and examination in the offices of the Borough of Bath and incorporated herein by reference as if fully set out in this chapter, which fee schedule may be amended from time to time by Resolution of the Borough Council for the Borough of Bath."
C. 
Chapter 1, Administration and Enforcement, Section 106, Violations, Subsection IPM-106.4, Violation Penalties (page 3). Modify subsection 106.4, which subsection shall read as follows: "106.4 Violation penalties. Any person who is found by the Magisterial District Judge to have violated a provision of this code, or to have failed to comply with any of the requirements hereof, shall be liable for a summary offense of not more than $1,000 for each such violation, plus costs including reasonable expert witness and attorney's fees incurred in bringing the action. Each day that a violation continues after due notice has been served shall be deemed a separate violation."
D. 
Chapter 1, Administration and Enforcement, Section 111, Means of Appeal, Subsection IPM-111.1, Application for appeal (page 6).
(1) 
Modify subsection 111.1 to include a new subsection known as 111.1.1, entitled "Appeal from decision of Code Enforcement Officer," which subsection shall read as follows: "111.1.1 Appeal from decision of Code Enforcement Officer. Any appeal from any decision of a Borough Code Enforcement Officer enforcing the provisions of this code as the Borough's code official shall be heard by the Borough of Bath Property Maintenance Code Board of Appeals (otherwise known as the 'Board of Appeals') pursuant to the Act of April 28, 1978 (P.L. 202, No. 53), as amended, known as the 'Local Agency Law,' and the practices and procedures established herein."
(2) 
Modify subsection 111.2, entitled "Membership of board," which subsection shall read as follows: "111.2 Membership of board. The Board of Appeals shall consist of either three or five members who are qualified by experience and training to pass on matters pertaining to property maintenance. Members of the Board shall hold no other elected office or appointed office in the jurisdiction, nor shall any member be an employee of the jurisdiction. The Board shall be appointed by the chief appointing authority and shall serve staggered and overlapping terms. The terms of office of a three-member board shall be three years and shall be so fixed that the term of office of one member shall expire each year. The terms of office of a five-member board shall be five years and shall be so fixed that the term of office of one member of a five-member board shall expire each year. If a three-member board is changed to a five-member board, the members of the existing three-member board shall continue in office until their term of office would expire under prior law. The chief appointing authority shall appoint two additional members to the Board with terms scheduled to expire in accordance with the provisions of subsection. The Board shall promptly notify the chief appointing authority of any vacancies which occur. Appointments to fill vacancies shall be only for the unexpired portion of the term."
(3) 
Modify subsection 111.2.1, entitled "Alternate members," which subsection shall read as follows: "111.2.1 Alternate members. The chief appointing authority shall appoint two or more alternate members of the Board of Appeals, 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. Alternate members shall serve staggered and overlapping terms. The terms of office for alternate members of a three-member board shall be three years and shall be so fixed that the term of office of one alternate member shall expire each year. The terms of office for alternate members of a five-member board shall be five years and shall be so fixed that the term of office of one alternate member of a five member board shall expire each year. If a three-member board is changed to a five-member board, the alternate members of the existing three-member board shall continue in office until their term of office would expire under prior law. The Board shall promptly notify the chief appointing authority of any vacancies which occur. Appointments to fill vacancies shall be only for the unexpired portion of the term."
(4) 
Modify subsection 111.7, entitled "Court review," which subsection shall read as follows: "111.7 Court review. Any aggrieved person and party to the appeal, shall have the right to apply to the appropriate court for a writ of certiorari to correct errors of law. All appeals from all decisions rendered by the Board of Appeals pursuant to this code shall be to the court of common pleas of the county wherein the land to which the appeal pertains is located and shall be filed within 30 days after the mailing date of such decision rendered by the Board of Appeals."
E. 
Chapter 1, Administration and Enforcement, Section 112, Stop-work order, Subsection IPM-112.4 Failure to comply (page 7, fifth line): Insert "$500 or more than $1,000 for each such violation, plus costs including reasonable expert witness and attorney's fees incurred in bringing the action. Each day that a violation continues after due notice has been served shall be deemed a separate violation." at the spaces indicated for "[AMOUNT] dollars or more than [AMOUNT] dollars."
F. 
Chapter 3, General Requirements, Section 302, Exterior Property Areas, Subsection IPM-302.4 Weeds (page 11, second and third lines): Insert "10 inches" at the spaces indicated for "(jurisdiction to insert height in inches)".
G. 
Chapter 3, General Requirements, Section 304, Exterior Structure, Subsection IPM-304.14 Insect Screens (page 13, first and second lines): Insert "April 1 to October 30 inches at the spaces indicated for "[DATE] to [DATE"].
H. 
Chapter 6, Mechanical and Electrical Requirements, Section 602, Heating Facilities, Subsection 602.3 Heat Supply: (page 21, fifth line): Insert "October 1 to April 30" for the spaces indicated "[DATE] TO [DATE]".
I. 
Chapter 6, Mechanical and Electrical Requirements, Section 602, Heating Facilities, Subsection IPM-602.4 Occupiable work spaces (page 21, third line): Insert "October 1 to April 30" at the spaces indicated for "[DATE] to [DATE]".
The provisions of this chapter and of the code and ordinance hereby adopted, insofar as they are the same as those chapters, ordinances, and/or codes in force immediately prior to the enactment of this chapter, code, and ordinance, are intended as a continuation of such ordinances, chapters, and codes, and not as new enactments.