[HISTORY: Adopted by the Borough Council of the Borough of
Mount Gretna 11-12-2018 by Ord.
No. 212.[1] Amendments noted where applicable.]
[1]
Editor's Note: This ordinance also repealed former Ch. 134,
Property Maintenance, adopted 6-11-2012 by Ord. No. 179, as amended.
Mount Gretna Borough is authorized to adopt the 2015 Edition of the International Property Maintenance Code pursuant to Chapter 32A of the Pennsylvania Borough Code which permits the adoption of a nationally recognized property maintenance code. By doing so, the Borough is authorized to regulate and govern the conditions and maintenance of all property, buildings and structures; by providing 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 in the Mount Gretna Borough; providing for the issuance of permits and collection of fees therefor; repealing Chapter 134 of the Codified Ordinance of Mount Gretna Borough and all other ordinances and parts of laws in conflict therewith.
In consideration of the foregoing, the Mount Gretna Borough Council does enact and ordain as follows: That a certain document, three copies of which are on file in the office of the Mount Gretna Borough Secretary, being marked and designated as the International Property Maintenance Code, 2015 Edition, as published by the International Code Council, be and is hereby adopted as the Property Maintenance Code of Mount Gretna 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; artd 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 said Property Maintenance Code on file in the office of Mount Gretna Borough are hereby referred to, adopted, and made a part hereof, as if fully set out in this chapter, with the additions, insertions, deletions and changes, if any, prescribed in § 134-3 of this chapter.
The following sections of the International Property Maintenance
Code are hereby revised:
A.
Section 101.1: insert: Mount Gretna Borough.
B.
Section 103 shall be entitled "Code Official."
C.
Section 103.1 shall provide as follows:
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The Mount Gretna Borough Council shall designate a person or
persons to serve as the Code Official.
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D.
Section 103.5: insert: All fees shall be pursuant to the Mount Gretna
Borough Council's adopted fee resolution, which shall be changed
and/or updated from time to time.
E.
Section 104.7 shall provide as follows:
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Code Official Records. The Code Official shall keep official
records of all his/her business and activities specified in the provisions
of this code. Such records shall be retained in the official records
as long as the building or structure to which such records relate
remains in existence, unless otherwise provided for by other regulations.
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F.
Section 106.3 shall read as follows:
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Prosecution of Violations. Any person, firm, or corporation
who shall violate any provision of this chapter shall, upon conviction
in a summary proceeding brought before a Magisterial District Judge,
be guilty of a summary offense and shall be punishable by a fine of
not less than $100 nor more than $1,000, plus the costs of prosecution,
administrative costs, attorney's fees and restitution. Upon judgment
against any person by summary conviction, or by proceedings by summons
on default of the payment of the fine or penalty imposed and the costs,
the defendant may be sentenced for a period not exceeding 30 days.
Each day that a violation shall continue shall be deemed and shall
be taken to be a separate offense and shall be punishable as such.
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Nothing herein shall preclude or prevent Mount Gretna Borough
from proceeding in the Court of Common Pleas of Lebanon County in
law or in equity regarding any violation of any provision of this
chapter.
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The remedies provided herein for the enforcement of this chapter,
or any remedy provided by law, shall not be deemed mutually exclusive,
rather they may be employed simultaneously or consecutively, at the
option of the Mount Gretna Borough Council.
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If the premises are owned by more than one owner, each owner
shall severally be subject to prosecution for the violation of this
chapter.
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G.
Section 107.1 shall read as follows: Whenever the Code Official determines
that there has been a violation of this code or has grounds to believe
that a violation has occurred, notice shall be given in the manner
prescribed by Sections 107.2 and 107.3 to the person responsible for
the violation as specified in this code. Prior to issuing a notice
of violation the Code Official shall obtain approval from the Mount
Gretna Borough Council, unless there is an immediate and imminent
threat to life or property in which case the Code Official shall respond
as provided for in Section 109 of the code. Should emergency measures
be taken by the Code Official under Section 109, the Code Official
shall as expediently as possible notify the Mount Gretna Borough Council.
Notices for condemnation procedures shall also comply with Section
108.3.
H.
Section 112.4 shall read as follows: Any person who shall continue
any work after having been served with a stop-work order, except such
work as that person is directed to perform to remove a violation or
unsafe condition, shall be liable.
I.
Section 302.4: insert: 10 inches.
J.
Section 304.14: insert: April 15 to September 15.
K.
Section 602.3: insert: September 1 to April 30.
L.
Section 602.4: insert: September 1 to April 30.
