[HISTORY: Adopted by the Board of Supervisors
of the Township of Tobyhanna 6-18-2019 by Ord. No. 550.[1] Amendments noted where applicable.]
GENERAL REFERENCES
Building construction and permits — See Ch. 60.
Streets and sidewalks — See Ch. 128.
[1]
Editor's Note: This ordinance repealed former Ch. 106, Property
Maintenance, adopted 6-21-1999 by Ord. No. 411.
A.
The 2015 International Property Maintenance Code, as published by
the International Code Council, Inc., is hereby adopted as the Property
Maintenance Code of Tobyhanna Township; for the control and maintenance
of property, buildings, and structures as herein provided; and each
and all of the regulations, provisions, penalties, conditions and
terms of said International Property Maintenance Code 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 as prescribed
below in this chapter.
B.
Subsequent editions of the International Property Maintenance Code,
as updated periodically by the International Code Council, Inc., shall
be adopted upon their publication as the Property Maintenance Code
of Tobyhanna Township.
C.
Three copies of the current International Property Maintenance Code
as published by the International Code Council shall be kept on file
in the Office of the Secretary of Tobyhanna Township.
The following replacements, insertions, and modifications shall
be made in the 2015 International Property Maintenance Code at the
places hereinafter indicated:
A.
Subsection 101.1, Title (page 1), replace "[NAME OF JURISDICTION]"
with "Tobyhanna Township."
B.
Subsection 102.3, Application of other codes (page 1), modify the
last sentence to read as follows: "Nothing in this code shall be construed
to cancel, modify, or set aside any provision of the Tobyhanna Township
Zoning Ordinance."
C.
Subsection 103.5, Fees (page 2), replace "[JURISDICTION TO INSERT
APPROPRIATE SCHEDULE]" with "Tobyhanna Township Fee Schedule."
D.
Subsection 104.3, Right of entry (page 2), modify the last sentence
to read as follows: "If entry is refused, the code official is authorized
to seek an administrative warrant to secure entry."
E.
Subsection 106.3, Prosecution of violation (page 3), modify to read
as follows: "Any person failing to comply with a notice of violation
or order served in accordance with Section 107 shall be deemed in
violation of this code, and this violation shall be considered a strict
liability offense. If the notice or order is not complied with, the
code official may institute the appropriate proceeding at law or in
equity to restrain, correct, or abate such violation; to impose fines
and penalties for such violation; and/or to require the removal or
termination of the unlawful occupancy of the structure or property
in violation of the provisions of this code or of the order or direction
made pursuant thereto. Any action taken by the Township shall be charged
against the real estate upon which the violation is located and shall
be a lien upon such real estate."
F.
Subsection 106.4, Violation penalties (page 3), modify to read as
follow: "Any person who is found by a court of competent jurisdiction,
including but not limited to a Magisterial District Court or Court
of Common Pleas, to have violated a provision of this code; to have
failed to comply with any of the requirements of this code; or to
have failed to comply with an order, directive, or notice of the code
official concerning this code shall be liable for a civil penalty
not less than $500 or more than $1,000 for each violation, plus any
and all costs incurred by the Township in bringing an action against
such violation, including but not limited to consultant fees, attorney's
fees, and expert witness fees. Each day that a violation continues
shall be deemed a separate violation."
G.
Subsection 107.1, Notice to person responsible (page 3), modify to
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
in Sections 107.2 and 107.3 to the person responsible for the violation
and the owner of the premises upon which the violation has occurred
as specified in the code. Notices for condemnation procedures shall
also comply with Section 108.3."
H.
Subsection 109.5, Costs of emergency repairs (page 6), modify to
read as follows: "Costs incurred in the performance of emergency work
are the responsibility of the owner of the premises where the unsafe
structure is or was located. Such costs, however, shall be initially
paid by the Township. The Township Solicitor may institute the appropriate
proceeding at law or in equity against the owner of the premises where
the unsafe structure is or was located for the recovery of such costs."
I.
Subsection 111.1, Application for appeal (page 6), modify to read
as follows: 111.1 Means of appeal. Any appeal from any
decision of the Property Maintenance Code Official shall be heard
by the Tobyhanna Township Building Code Board of Appeals, pursuant
to and consistent with the practices and procedures established for
or by such Board."
J.
Subsections 111.2 through 111.6, inclusive, and Subsection 111.8
shall be deleted in their entireties.
K.
Subsection 111.7, Court review (page 7), modify to read as follows:
"Any person aggrieved by a Board decision may appeal this decision
to the Court of Common Pleas. Such an appeal shall be filed within
30 days of the issuance of the decision. Within 30 days of the filing
of an appeal, the Township and the owner and/or tenant of the premises
directly involved in the appeal may intervene in the appeal as of
course by filing a notice of intervention, accompanied by proof of
service of the same upon each appellant or each appellant's counsel
of record. All other intervention shall be governed by the Pennsylvania
Rules of Civil Procedure."
L.
Subsection 112.4, Failure to comply (page 7), replace the phrase
"a fine of not less than [AMOUNT] dollars or more than [AMOUNT] dollars"
with "a fine of not less than $100 or more than $300. Each day the
work continues after the issuance of the stop-work order shall constitute
a separate finable offense. Such fines are in addition to any fines
or penalties imposed pursuant to Section 106 concerning the violation(s)
on the premises."
M.
Section 202, GENERAL DEFINITIONS (page 9-10). The following definitions
shall be inserted at the appropriate alphabetical spot into this section
and shall read as follows:
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CODE OFFICIAL. The Tobyhanna Township Zoning Officer
or other person so designated by the Tobyhanna Township Board of Supervisors.
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JURISDICTION, THE. Tobyhanna Township.
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NOXIOUS WEEDS. Any noxious vegetation covered under
and prohibited by the Noxious Weed Control Law (3 P.S. § 255.1
et seq.), as amended, or by regulations of the Pennsylvania or United
States Departments of Agriculture including, but not limited to, the
following:
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Cirsium arvense, commonly known as Canadian Thistle
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Rosa multiflora, commonly known as Multiflora Rose
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Sorghum halepense, commonly known as Johnson Grass
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Pueraria lobata, commonly known as Kudzu Vine
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Cirsium vulgare, commonly known as Bull or Spear
Thistle
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Carduus nutans, commonly known as Musk or Nodding
Thistle
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Sorghum bicolor, commonly known as Shattercane
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Lythrum salicaria, commonly known as Purple Loosestrife
(all cultivars)
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Heracleum mantegazzianum, commonly known as Giant
Hogweed
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Galega officinalis, commonly known as Goatsrue
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Amaranthus palmeri S. Watson, commonly known as
Palmer amaranth
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Amaranthus rudis, commonly known as common waterhemp
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Amaranthus tuberculatus, commonly known as tall
waterhemp
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Avena sterilis L, commonly known as animated oat
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Cuscuta spp., except for native species, commonly
known as dodder
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Hydrilla verticillata Royle, commonly known as hydrilla
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Oplismenus hirtellus, commonly known as Wavyleaf
basketgrass
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Orobanche spp., except for native species, commonly
known as broomrape
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Conium macultanum, commonly known as poison hemlock
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WEEDS. All grasses, annual plants, and vegetation,
other than trees or shrubs provided; however, this term shall not
include cultivated flowers and gardens.
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N.
Subsection 302.4, Weeds (page 11), modify first paragraph to read
as follows: "All premises and exterior property within 100 feet of
any habitable structure or building shall be maintained free from
weeds in excess of 12 inches. This height restriction, however, does
not apply to naturalized areas, riparian buffers, managed meadows,
and other no-mow zones, as determined by the Township. All noxious
weeds shall be prohibited throughout the entire premises and exterior
property."
O.
Subsection 304.3, Premises identification (page 13), modify to read
as follows: "The Township shall have final authority as to the assignment
of a street number or address to each structure or premises. Each
structure or premises to which a street number has been assigned by
the Township or if the structure or premises is located in a private
community, to which a street or identification number has been assigned
by the community, shall have the appropriate number displayed in alocation
and size as to be readily observed and readable from the public or
private right-of-way that provides access to the structure or premises.
All street or identification numbers shall be in Arabic characters
with a minimum height of four inches and a minimum stroke width of
1/2 inch. Structures that are set back more than 50 feet from the
right-of-way providing access, or any distance where the number cannot
be readily seen from the right-of-way, shall have the assigned street
or identification numbers attached to a post or mailbox placed at
the end of the driveway on the same side of the road as the structure
is located. These numbers shall be placed on both sides of the post
or mail box, at a minimum height of three feet so as numbers can be
seen by vehicles traveling from either direction. All street or identification
numbers shall be illuminated when possible and shall be colored in
contrast with the background upon which the number is placed.
P.
Subsection 304.14, Insect screens (page 13), replace the phrase "During
the period from [DATE] to [DATE]" with "Where appropriate, during
the period from April 1 to October 31."
Q.
Subsection 602.3, Heat supply (page 23), replace the phrase "during
the period from [DATE] to [DATE]" with "during the period from October
1 to April 30."
R.
Subsection 602.4, Occupiable work spaces (page 21), replace the phrase
"during the period from [DATE] to [DATE]" with "during the period
from October 1 to April 30."
