A.Â
Title. These regulations shall be known as the Property Maintenance
Code of the Borough of Pine Grove, hereinafter referred to as "this
chapter."
B.Â
Scope. The purpose of this chapter is to protect the public health,
safety and welfare in all existing structures, residential and nonresidential,
and on all existing premises by establishing minimum requirements
and standards for premises, structures, equipment, and facilities
for light, ventilation, space, heating, sanitation, protection from
the elements, life safety, safety from fire and other hazards, and
for safe and sanitary maintenance; fixing the responsibility of owners,
operators and occupants; regulating the occupancy of existing structures
and premises, and providing for administration, enforcement and penalties.
C.Â
Intent. This chapter shall be construed to secure its expressed intent,
which is to ensure public health, safety and welfare insofar as they
are affected by the continued occupancy and maintenance of structures
and premises. Existing structures and premises that do not comply
with these provisions shall be altered or repaired to provide a minimum
level of health and safety as required herein.
D.Â
Referenced standards. The standards referenced in this chapter and listed in Chapter 88, Construction Codes, Uniform, shall be considered part of the requirements of this chapter to the prescribed extent of each such reference. Where differences occur between provisions of this chapter and referenced standards, the provisions of this chapter shall apply.
E.Â
Existing remedies. The provisions in this chapter shall not be construed
to abolish or impair existing remedies of the jurisdiction or its
officers or agencies relating to the removal or demolition of any
structure which is dangerous, unsafe and unsanitary.
F.Â
Workmanship. All repairs, maintenance work, alterations or installations
which are caused directly or indirectly by the enforcement of this
chapter shall be executed and installed in a workmanlike manner.
A.Â
Validity. If any section, subsection, paragraph, sentence, clause
or phrase of this chapter shall be declared invalid for any reason
whatsoever, such decision shall not affect the remaining portions
of this chapter which shall continue in full force and effect, and
to this end the provisions of this chapter are hereby declared to
be severable.
B.Â
Saving clause. This chapter shall not affect violations of any other
ordinance, code or regulation existing prior to the effective date
hereof, and any such violation shall be governed and shall continue
to be punishable to the full extent of the law under the provisions
of those ordinances, codes or regulations in effect at the time the
violation was committed.
A.Â
Required. All equipment, systems, devices and safeguards required
by this chapter or a previous statute or code for the structure or
premises when erected or altered shall be maintained in good working
order. The requirements of this chapter are not intended to provide
the basis for removal or abrogation of fire protection and safety
systems and devices in existing structures.
A.Â
Approved materials and equipment. All materials, equipment and devices
approved by the Code Official shall be constructed and installed in
accordance with such approval.
B.Â
Modifications. Where there are practical difficulties involved in
carrying out provisions of this chapter, the Code Official shall have
the right to vary or modify such provisions upon application of the
owner or the owner's representative, provided that the spirit
and intent of the law is observed and that the public health, safety
and welfare is assured.
(1)Â
Records. The application for modification and the final decision
of the Code Official shall be in writing and shall be officially recorded
in the permanent records of the department.
C.Â
Material and equipment reuse. Materials, equipment and devices shall
not be reused unless such elements have been reconditioned, tested
and placed in good and proper working condition and approved.
D.Â
Alternative materials and equipment. The provisions of this chapter
are not intended to prevent the installation of any material or method
of construction not specifically prescribed by this chapter, provided
that any such alternative has been approved. An alternative material
or method of construction shall be approved when the Code Official
finds that the proposed design is satisfactory and complies with the
intent of the provisions of this chapter, and that the material, method
or work offered is, for the purpose intended, at least the equivalent
of that prescribed in this chapter in quality, strength, effectiveness,
fire resistance, durability and safety.
E.Â
Research and investigations. Sufficient technical data shall be submitted
to substantiate the proposed installation of any material or assembly.
If it is determined that the evidence submitted is satisfactory proof
of performance for the proposed installation, the Code Official shall
approve such alternative subject to the requirements of this chapter.
The cost of all tests, reports and investigations required under these
provisions shall be paid by the applicant.
A.Â
General. The Code Official shall enforce all of the provisions of
this chapter.
B.Â
Notices and orders. The Code Official shall issue all necessary notices
or orders to ensure compliance with the Code.
C.Â
Right of entry. The Code Official is authorized to enter the structure
or premises at reasonable times to inspect subject to constitutional
restrictions on unreasonable searches and seizures. If entry is refused
or not obtained, the Code Official is authorized to pursue recourse
as provided by law.
D.Â
Access by owner or operator. Every occupant of a structure or premises
shall give the owner or operator thereof, or agent or employee, access
to any part of such structure or its premises at reasonable times
for the purpose of making such inspection, maintenance, repairs or
alterations as are necessary to comply with the provisions of this
chapter.
E.Â
Identification. The Code Official shall carry proper identification
when inspecting structures or premises in the performance of duties
under this chapter.
F.Â
Coordination of enforcement. Inspection of premises, the issuance
of notices and orders and enforcement thereof shall be the responsibility
of the Code Official so charged by the jurisdiction. Whenever inspections
are necessary by any other department, the Code Official shall make
reasonable effort to arrange for the coordination of such inspections
so as to minimize the number of visits by inspectors, and to confer
with the other departments for the purpose of eliminating conflicting
orders before any are issued. A department shall not, however, delay
the issuance of any emergency orders.
G.Â
Rule-making authority. The Code Official shall have power as necessary
in the interest of public health, safety and general welfare, to adopt
and promulgate rules and regulations to interpret and implement the
provisions of this chapter to secure the intent thereof and to designate
requirements applicable because of local climatic or other conditions.
Such rules shall not have the effect of waiving structural or fire
performance requirements specifically provided for in this chapter
or of violating accepted engineering practice involving public safety.
H.Â
Organization. The Code Official shall appoint such number of officers,
technical assistants, inspectors and other employees as shall be necessary
for the administration of this chapter and as authorized by the appointing
authority. The Code Official is authorized to designate an employee
as deputy who shall exercise all the powers of the Code Official during
the temporary absence or disability of the Code Official.
I.Â
Restriction of employees. An official or employee connected with the enforcement of this chapter, except one whose only connection is that of a member of the Board of Appeals established under the provisions of § 133-11, shall not be engaged in, or directly or indirectly connected with, the furnishing of labor, materials or appliances for the construction, alteration or maintenance of a building, or the preparation of construction documents thereof, unless that person is the owner of the building; nor shall such officer or employee engage in any work that conflicts with official duties or with the interests of the department.
J.Â
Relief from personal responsibility. The Code Official, officer or
employee charged with the enforcement of this chapter, while acting
for the jurisdiction, shall not thereby be rendered liable personally,
and is hereby relieved from all personal liability for any damage
accruing to persons or property as a result of any act required or
permitted in the discharge of official duties. Any suit instituted
against an officer or employee because of an act performed by that
officer or employee in the lawful discharge of duties and under the
provisions of this chapter shall be defended by the legal representative
of the jurisdiction until the final termination of the proceedings.
The Code Official or any subordinate shall not be liable for costs
in any action, suit or proceeding that is instituted in pursuance
of the provisions of this chapter; and any officer of the department
of building inspection, acting in good faith and without malice, shall
be free from liability for acts performed under any of its provisions
or by reason of any act or omission in the performance of official
duties in connection therewith.
K.Â
Official records. An official record shall be kept of all business
and activities of the department specified in the provisions of this
chapter, and all such records shall be open to public inspection at
all appropriate times and according to reasonable rules to maintain
the integrity and security of such records.
A.Â
Unlawful acts. It shall be unlawful for any person, firm or corporation
to erect, construct, alter, extend, repair, remove, demolish, maintain,
fail to maintain, provide, fail to provide, occupy, let to another
or occupy or permit another person to occupy any premises, property,
structure or equipment regulated by this chapter, or cause the same
to be done, contrary to or in conflict with or in violation of any
of the provisions of this chapter, or to fail to obey a lawful order
of the Code Official, or to remove or deface a placard or notice posted
under the provisions of this chapter.
B.Â
Penalty. Any person who shall violate a provision of this chapter
shall, upon conviction thereof, be subject to a fine of not less than
$300 nor more than $1,000 or imprisonment for a term not to exceed
30 days, or both, at the discretion of the court. Each day that a
violation continues after due notice has been served shall be deemed
a separate offense.
C.Â
Prosecution. In case of any unlawful acts, the Code Official shall institute an appropriate action or proceeding at law to exact the penalty provided in § 133-6B. Also, the Code Official shall ask the jurisdiction's legal representative to proceed at law or in equity against the person responsible for the violation for the purpose of ordering that person:
(1)Â
To restrain, correct or remove the violation or refrain from any
further execution of work;
(2)Â
To restrain or correct the erection, installation, maintenance, repair
or alteration of such structure;
(3)Â
To require the removal of work in violation; or
(4)Â
To prevent the occupancy of the structure that is not in compliance
with the provisions of this chapter.
A.Â
Notice to owner or to person or persons responsible. Whenever the Code Official determines that there has been a violation of this chapter or has grounds to believe that a violation has occurred, notice shall be given to the owner or the person or persons responsible therefore in the manner prescribed in Subsections B and C. Notices for condemnation procedures shall also comply with § 133-8C.
B.Â
Form. Such notice prescribed in Subsection A shall:
(1)Â
Be in writing;
(2)Â
Include a description of the real estate sufficient for identification;
(3)Â
Include a statement of the reason or reasons why the notice is being
issued; and
(4)Â
Include a correction order allowing a reasonable time for the repairs
and improvements required to bring the dwelling unit or structure
into compliance with the provisions of this chapter.
C.Â
Method of service. Such notice shall be deemed to be properly served
if a copy thereof is delivered to the owner personally or sent by
certified or registered mail addressed to the owner at the last known
address with return receipt requested. If the certified or registered
letter is returned showing that the letter was not delivered, a copy
thereof shall be posted in a conspicuous place in or about the structure
affected by such notice. Service of such notice in the foregoing manner
upon the owner's agent or upon the person responsible for the
structure shall constitute service of notice upon the owner.
D.Â
Penalties. Penalties for noncompliance with orders and notices shall
be as set forth in Section PM-106.2.
E.Â
Transfer of ownership. It shall be unlawful for the owner of any
dwelling unit or structure who has received a compliance order or
upon whom a notice of violation has been served to sell, transfer,
mortgage, lease or otherwise dispose of to another until the provisions
of the compliance order or notice of violation have been complied
with, or until such owner shall first furnish the grantee, transferee,
mortgagee or lessee a true copy of any compliance order or notice
of violation issued by the Code Official and shall furnish to the
Code Official a signed and notarized statement from the grantee, transferee,
mortgagee or lessee acknowledging the receipt of such compliance order
or notice of violation and fully accepting the responsibility without
condition for making the corrections or repairs required by such compliance
order or notice of violation.
A.Â
General. When a structure or equipment is found by the Code Official
to be unsafe, or when a structure is found unfit for human occupancy,
or is found unlawful, such structure shall be condemned pursuant to
the provisions of this chapter.
(1)Â
Unsafe structure. An unsafe structure is one that is found to be
dangerous to the life, health, property or safety of the public or
the occupants of the structure by not providing minimum safeguards
to protect or warn occupants in the event of fire, or because such
structure contains unsafe equipment or is so damaged, decayed, dilapidated,
structurally unsafe, or of such faulty construction or unstable foundation,
that partial or complete collapse is likely.
(2)Â
Unsafe equipment. Unsafe equipment includes any boiler, heating equipment,
elevator, moving stairway, electrical wiring or device, flammable
liquid containers or other equipment on the premises or within the
structure which is in such disrepair or condition that such equipment
is a hazard to life, health, property or safety of the public or occupants
of the premises or structure.
(3)Â
Structure unfit for human occupancy. A structure is unfit for human
occupancy whenever the Code Official finds that such structure is
unsafe, unlawful or, because of the degree to which the structure
is in disrepair or lacks maintenance, is unsanitary, vermin- or rat-infested,
contains filth and contamination, or lacks ventilation, illumination,
sanitary or heating facilities or other essential equipment required
by this chapter, or because the location of the structure constitutes
a hazard to the occupants of the structure or to the public.
(4)Â
Unlawful structure. An unlawful structure is one found in whole or
in part to be occupied by more persons than permitted under this chapter,
or was erected, altered or occupied contrary to law.
B.Â
Closing of vacant structures. If the structure is vacant and unfit
for human habitation and occupancy, and is not in danger of structural
collapse, the Code Official is authorized to post a placard of condemnation
on the premises and order the structure closed up so as not to be
an attractive nuisance. Upon failure of the owner to close up the
premises within the time specified in the order, the Code Official
shall cause the premises to be closed through any available public
agency or by contract or arrangement by private persons and the cost
thereof shall be charged against the real estate upon which the structure
is located and shall be a lien upon such real estate.
C.Â
Notice. Whenever the Code Official has condemned a structure or equipment under the provisions of this section, notice shall be posted in a conspicuous place in or about the structure affected by such notice and served on the owner or the person or persons responsible for the structure or equipment in accordance with § 133-7C. The notice shall be in the form prescribed in § 133-7B.
D.Â
Placarding. Upon failure of the owner or person responsible to comply
with the notice provisions within the time given, the Code Official
shall post, on the premises or on defective equipment, a placard bearing
the word "Condemned" and a statement of the penalties provided for
occupying the premises, operating the equipment or removing the placard.
E.Â
Prohibited occupancy. Any person who shall occupy a placarded premises
or shall operate placarded equipment, and any owner or any person
responsible for the premises who shall let anyone occupy a placarded
premises or operate placarded equipment shall be liable for the penalties
provided by this chapter.
F.Â
Removal of placard. The Code Official shall remove the condemnation
placard whenever the defect or defects upon which the condemnation
and placarding action were based have been eliminated. Any person
who defaces or removes a condemnation placard without the approval
of the Code Official shall be subject to the penalties provided by
this chapter.
A.Â
Imminent danger. When, in the opinion of the Code Official, there
is imminent danger of failure or collapse of a building or structure
which endangers life, or when any structure or part of a structure
has fallen and life is endangered by the occupation of the structure,
or when there is actual or potential danger to the building occupants
or those in the proximity of any structure because of explosives,
explosive fumes or vapors or the presence of toxic fumes, gases or
materials, or operation of defective or dangerous equipment, the Code
Official is hereby authorized and empowered to order and require the
occupants to vacate the premises forthwith. The Code Official shall
cause to be posted at each entrance to such structure a notice reading
as follows: "This structure is unsafe and its occupancy has been prohibited
by the Code Official." It shall be unlawful for any person to enter
such structure except for the purpose of securing the structure, making
the required repairs, removing the hazardous condition, or of demolishing
the same.
B.Â
Temporary safeguards. Notwithstanding other provisions of this chapter,
whenever, in the opinion of the Code Official, there is imminent danger
due to an unsafe condition, the Code Official shall order the necessary
work to be done, including the boarding-up of openings, to render
such structure temporarily safe whether or not the legal procedure
herein described has been instituted; and shall cause such other action
to be taken as the Code Official deems necessary to meet such emergency.
C.Â
Closing streets. When necessary for the public safety, the Code Official
shall temporarily close structures and close, or order the authority
having jurisdiction to close, sidewalks, streets, public ways and
places adjacent to unsafe structures, and prohibit the same from being
utilized.
D.Â
Emergency repairs. For the purposes of this section, the Code Official
shall employ the necessary labor and materials to perform the required
work as expeditiously as possible.
E.Â
Costs of emergency repairs. Costs incurred in the performance of
emergency work shall be paid from the treasury of the jurisdiction
on approval of the Code Official. The legal counsel of the jurisdiction
shall institute appropriate action against the owner of the premises
where the unsafe structure is or was located for the recovery of such
costs.
F.Â
Hearing. Any person ordered to take emergency measures shall comply
with such order forthwith. Any affected person shall thereafter, upon
petition directed to the appeals board, be afforded a hearing as described
in this chapter.
A.Â
General. The Code Official shall order the owner of any premises
upon which is located any structure which, in the Code Official's
judgment, is so old, dilapidated or has become so out of repair as
to be dangerous, unsafe, unsanitary or otherwise unfit for human habitation
or occupancy, and such that it is unreasonable to repair the structure,
to raze and remove such structure; or if such structure is capable
of being made safe by repairs, to repair and make safe and sanitary
or to raze and remove at the owner's option; or where there has
been a cessation of normal construction of any structure for a period
of more than two years, to raze and remove such structure.
C.Â
Failure to comply. If the owner of a premises fails to comply with
a demolition order within the time prescribed, the Code Official shall
cause the structure to be razed and removed, either through an available
public agency or by contract or arrangement with private persons,
and the cost of such razing and removal shall be charged against the
real estate upon which the structure is located and shall be a lien
upon such real estate.
D.Â
Salvage materials. When any structure has been ordered razed and
removed, the governing body or other designated officer under said
contract or arrangement aforesaid shall have the right to sell the
salvage and valuable materials at the highest price obtainable. The
net proceeds of such sale, after deducting the expenses of such razing
and removal, shall be promptly remitted with a report of such sale
or transaction, including the items of expense and the amounts deducted,
for the person who is entitled thereto, subject to any order of a
court. If such a surplus does not remain to be turned over, the report
shall so state.
A.Â
Application for appeal. Any person affected by a decision of the
Code Official or a notice or order issued under this chapter shall
have the right to appeal to the Board of Appeals, provided that a
written application for appeal is filed 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 chapter or
the rules legally adopted thereunder have been incorrectly interpreted,
the provisions of this chapter do not fully apply, or the requirements
of this chapter are adequately satisfied by other means.
B.Â
Membership of the Board. The Board of Appeals shall consist of five
members appointed by the chief appointing authority as follows: one
for five years, one for four years, one for three years, one for two
years, and one for one year. Thereafter, each new member shall serve
for five years or until a successor has been appointed.
(1)Â
Qualifications. The Board of Appeals shall consist of five individuals,
one from each of the following professions or disciplines:
(a)Â
Registered design professional who is registered architect;
or a builder or superintendant of building construction with at least
10 years' experience, five of which shall have been in responsible
charge of work.
(b)Â
Registered design professional with structural engineering or
architectural experience.
(c)Â
Registered design professional with mechanical or plumbing engineering
experience; or a mechanical or plumbing contractor with at least 10
years' experience, five of which shall have been in responsible
charge of work.
(d)Â
Registered design professional with electrical engineering experience;
or an electrical contractor with at least 10 years' experience,
five of which shall have been in responsible charge of work.
(e)Â
Registered design professional with fire protection engineering
experience; or a fire protection contractor with at least 10 years'
experience, five of which shall have been in responsible charge of
work.
(2)Â
Alternate members. The chief appointing authority shall appoint two
alternate members who shall be called by the Board Chairman to hear
appeals during the absence or disqualification of a member. Alternate
members shall possess the same qualifications required for board membership,
and shall be appointed for five years or until a successor has been
appointed.
(3)Â
Chairman. The Board shall annually select one of its members to serve
as Chairman.
(4)Â
Disqualification of member. A member shall not hear an appeal in
which that member has any personal, professional or financial interest.
(5)Â
Secretary. The chief administrative officer shall designate a qualified
Clerk to serve as secretary to the Board. The secretary shall file
a detailed record of all proceedings in the office of the chief administrative
officer.
(6)Â
Compensation of members. Compensation of members shall be determined
by law.
C.Â
Notice of meeting. The Board shall meet upon notice from the Chairman,
within 10 days of the filing of an appeal, or at stated periodic meetings.
D.Â
Open hearing. All hearings before the Board shall be open to the
public. The appellant, the appellant's representative, the Code
Official, and any person whose interests are affected shall be given
an opportunity to be heard.
(1)Â
Procedure. The Board shall adopt and make available to the public,
through the secretary, procedures under which a hearing will be conducted.
The procedures shall not require compliance with strict rules of evidence
but shall mandate that only relevant information be received.
E.Â
Postponed hearing. When five members are not present to hear an appeal,
either the appellant or the appellant's representative shall
have the right to request a postponement of the hearing.
F.Â
Board decision. The Board shall modify or reverse the decision of
the Code Official by a concurring vote of three members.
G.Â
Court review. Any person, whether or not a previous party of the
appeal, shall have the right to apply to the appropriate court for
a writ of certiorari to correct errors of law. Application for review
shall be made in the manner and time required by law following the
filing of the decision in the office of the chief administrative officer.