[Adopted 6-10-2004 by Ord. No. 1157; amended
in its entirety 3-9-2017 by Ord.
No. 2017-01 (Ch. 199 of the 1999 Code)]
That a certain document, a copy of which is on file in the office of the Borough Manager of Homestead Borough, 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 the Borough of Homestead, in the State 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; 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 the Borough of Homestead are hereby referred to, adopted and made a part hereof, as if fully set out in this Part, with the additions, insertions, deletions and changes, if any, prescribed in § 5-202 of this Part.
The following sections of the Property Maintenance Code adopted
in this Part are hereby revised as follows:
1.
Section 101.1. Insert: "The Borough
of Homestead" into [Name of Borough].
2.
Section 102.3. Delete: "International
Zoning Code" and replace with "Homestead Borough Zoning Ordinance."
3.
Section 103.5. Insert. "Borough
of Homestead Resolution 2016-22, 2017 fee schedule, enacted 12-8-2016,
as amended by resolution from time to time by the Borough of Homestead
Council" in place of [Jurisdiction to insert appropriate schedule].
4.
Section 107.2.5. Delete in its
entirety.
5.
Add: "Section 110.5. Permit
for demolition. The applicant for a permit to demolish or remove
any building, structure, part thereof or appurtenance thereto shall
satisfy the Code Official that such demolition or removal shall be
done in a manner as to prevent any hazard to adjoining properties
or to any persons using any public thoroughfare abutting upon the
property on which the building or structure is situated. The Code
Official shall have the authority to require that any barricade or
other safeguard deemed necessary be erected and maintained in a safe
condition during the progress of the work. If, after demolition of
a building or structure or part thereof, any depression on the lot
may be deemed to constitute a hazard to life or limb, the Code Official
shall have the authority to require such depression to be filled or
otherwise made safe or barricaded in such a manner as to eliminate
such hazard. If, after the issuance of a permit to demolish or remove
a building, structure, part thereof or appurtenance thereto, it is
found that the work or demolition or removal is not being performed
in a safe manner, the Code Official shall have authority to revoke
such permit. Any work of demolition or removal performed after such
revocation shall be a violation of this Code and subject to the penalties
of Section 106.4."
6.
Add: "Section 110.6. Notification. As a condition for the issuance of a demolition permit, the owner
or the owner's agent shall give written notice to the owners of adjoining
properties and to the owners of any property who utility services
must be temporarily shut, removed or affected because of the proposed
demolition work."
7.
Add: "Section 110.7. Service
connections. Before a structure is demolished or removed, the
owner or agent shall notify all utilities having service connections
within the structure such as water, electric, gas, sewer and other
connections. A permit to demolish or remove a structure shall not
be issued until a release is obtained from the utilities, stating
that their respective service connections and appurtenant equipment,
such as meters and regulators, have been removed or sealed and plugged
in a safe manner."
8.
Add: "Section 110.8. Lot
regulations. Whenever a structure is demolished or removed,
the premises shall be maintained free from all unsafe or hazardous
conditions by the proper regulation of the lot, restoration of established
grades and the erection of the necessary retaining walls and fences
in accordance with the provisions of Chapter 33 of the 2009 International
Building Code or current code as adopted by the Pennsylvania Uniform
Construction Code."
9.
Section 111.1. Insert: "For purposes
of this section, the 'Board of Appeals' shall mean the Homestead Borough
Uniform Construction Code Board of Appeals, the jurisdiction of which
is hereby extended to authorize it to hear appeals taken pursuant
to this section."
10.
Sections 111.2 through 111.2.5
are deleted.
11.
Section 111.7 shall provide
in its entirety as follows: "Any person, whether or not a previous
party of the appeal, shall have the right to apply to the Court of
Common Pleas of Allegheny County to correct errors of law so long
as the application is filed within the time limits set by Section
5571(b) of the Pennsylvania Judicial Code [42 Pa.C.S.A. § 5571(b)]."
12.
Section 112.4. Insert: "200"
into "not less [Amount]," and "1,000" into "more than [Amount]."
13.
Section 201.3. Insert: "as amended
by the Allegheny County Department of Health, Article XV, Plumbing
Code" after the words "International Plumbing Code." Delete: "International
Zoning Code" and replace with "Homestead Borough Zoning Ordinance."
14.
Section 202, General Definitions,
Rubbish. Insert: "scrap, building materials or supplies" after the
word "rubble."
15.
Section 302.4. Insert: "Twelve
inches" into [Jurisdiction to insert height in inches]; Insert at
the end of second paragraph: "Failure to pay such invoice within 30
days after receipt by the owner or agent responsible for the property
will cause a lien to be filed for the total of all costs incurred
by the Borough of Homestead associated with the cutting, destruction
and removal of weeds."
16.
Section 302.8. Replace the word
"motor vehicle" on line two, paragraph one with "or not currently
inspected motor vehicle, trailer or other equipment."
17.
Add "Section 304.1.2. Required
inspections. All buildings or structures shall be inspected by a licensed
professional engineer or registered architect to determine structural
soundness of the items covered in Sections 304.4, 304.5, 304.6, 304.7,
304.8, 304.9, 304.10, 304.11, 305.1.1, 305.2 and 306.1.1 when required
by the Code Official. These reports shall bear the signature and raised
seal of the Commonwealth of Pennsylvania design professional submitting
the report."
18.
Section 304.7. Add to end of
paragraph: "The discharge shall be done in a manner that promotes
evapotranspiration and infiltration at the site. Where possible, discharge
shall be directed to rain gardens (bioretention systems), bioswales,
rain barrels and/or infiltration sumps. If the discharge is from an
existing roof leader, sheet flow discharge to; large lawn areas, the
natural waterway or to hillsides not having substantial neighboring
development, may be appropriate with the approval of the Code Official
or Borough Engineer."
19.
Section 304.14. Insert: "April
1" into first [Date], "October 1" into second [Date].
20.
Section 308.2. Insert: "or owner;"
after the word "occupant."
21.
Section 308.3. Insert: "owner;"
after the word "occupant."
22.
Section 502.5. Insert: "amended
by the Allegheny County Department of Health, Article XV, Plumbing
Code" after "International Plumbing Code."
23.
Section 505.1. Insert: "amended
by the Allegheny County Department of Health, Article XV, Plumbing
Code" after "International Plumbing Code."
24.
Section 507.1. Add to end of
paragraph: "The discharge shall be done in a manner that promotes
evapotranspiration and infiltration at the site. Where possible, discharge
shall be directed to rain gardens (bioretention systems), bioswales,
rain barrels and/or infiltration sumps. If the discharge is from an
existing roof leader, sheet flow discharge to; large lawn areas, the
natural waterway or to hillsides not having substantial neighboring
development, may be appropriate with the approval of the Code Official
or Borough Engineer.
25.
Section 602.2. Delete: "based
on the winter outdoor design temperature by the locality indicated
in Appendix D of the International Plumbing Code;" replace with: "in
accordance with the Allegheny County Health Department, Article VI,
Houses and Community Environment, Section 629."
26.
Section 602.3. Insert: "October
1" into first [Date], "May 1" into second [Date].
27.
Section 602.4. Insert: "October
1" into first [Date], "May 1" into second [Date].
28.
Chapter 8: Referenced Standards, ICC. Replace: "IBC-15" with "IBC-09"; Replace: "IEBC-15" with "IBC-09"; Replace: "IFC-15" with "IFC-09"; Replace: "IFGC-15" with "IFGC-09"; Replace: "IMC-15" with "IMC-09"; Replace: "IPC-15" with "IPC-09"; Insert: "amended by the Allegheny County Department of Health, Article XV, Plumbing Code" after "International Plumbing Code ®"; Replace: "IRC-15" with "IRC-09"; Replace: "IZC-15" with "HBZO"; Replace: "International Zoning Code®" with "Homestead Borough Zoning Ordinance."
29.
Appendix A: Boarding Standard.
Adopted in its entirety.
30.
Section A104. Replace: "IBC-12"
with "IBC-09."
31.
Add:
[Added 11-15-2018 by Ord.
No. 2018-09]
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SECTION 113, MEANS OF APPEAL APPLICABLE TO CONDEMNED STRUCTURES
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113.1. Application for appeal pertaining to structures
condemned and subject to demolition or removal without further notice. Any person directly affected by a decision of the code official
or a notice or order issued under this code pursuant to which a structure
is condemned so that it is subject to the possibility of being demolished
and removed without further notice shall have a right to appeal to
the demolition hearing officer appointed by the Borough Council, provided
that a written application for appeal is filed within 10 days after
the day the decision, notice or order was served. The written application
for appeal shall set forth a brief statement of the grounds therefor
and the address to which all correspondence regarding the matter can
be sent to the applicant, by standard United States Mail. The application
for appeal must be received within the aforementioned 10 days by the
Homestead Borough Secretary at the Borough of Homestead Municipal
Building, 221 E. Seventh Avenue, Homestead, PA 15120. The Homestead
Borough Secretary shall thereupon send by mail, to the address provided
in the application for appeal, notice of the time, place and location
of the hearing at which the applicant will be given the opportunity
to present evidence and testimony to show cause why the code official's
decision relating to the structure(s) should be modified or withdrawn.
Alternatively, the time place and location of the hearing may be set
forth in the notice and/or order issued by the code official. Failure
to file an appeal within the aforementioned 10 days will result in
the decision of the code official or notice or order issued under
this code to be a final order.
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113.2. Demolition hearing officer's decision. After
the hearing is concluded, the demolition hearing officer shall issue
and mail to the applicant a written decision granting or denying,
in whole or in part, the applicant's appeal and the written decision
shall constitute a final order.
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113.3. Right to appeal final order. Any aggrieved
party may appeal the final order issued by the demolition hearing
officer to the Court of Common Pleas in accordance with the provisions
of the Judicial Code, 42 Pa.C.S.A. § 101 et seq.
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113.4. Sole means to appeal the condemning of a structure. The appeal process set forth in this Section 113 shall be the sole
appeal process available to persons affected by any notice or decision
of the type set forth in Section 113.1 above, and the appeal process
set forth in Section 111 shall not apply.
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That if any section, subsection, sentence, clause or phrase
of this Part is, for any reason, held to be unconstitutional, such
decision shall not affect the validity of remaining portions of this
Part. The Borough of Homestead hereby declares that it would have
passed this Part, and each section, subsection, clause or phrase thereof,
irrespective of the fact that any one or more sections, subsections,
sentences, clauses and phrases be declared unconstitutional.
That nothing in this Part or in the Property Maintenance Code
hereby adopted shall be construed to affect any suit or proceeding
impending in any court, or any rights acquired, or liability incurred,
or any cause or causes of action acquired or existing, under any act
or ordinance hereby repealed as cited in this Part; nor shall any
just or legal right or remedy of any character be lost, impaired or
affected by this Part.
[Added 4-12-2018 by Ord.
No. 2018-03; amended at time of adoption of Code
(see AO)]
Any person who shall violate a provision of the Homestead Borough
Property Maintenance Code as adopted by this Part, or fails to comply
therewith, or with any of the requirements thereof, shall, upon conviction
by a judge of the Court of Common Pleas of Allegheny County or a Magisterial
District Judge (hereinafter collectively referred to as "judge"),
be liable to pay a fine of no more than $1,000 per violation and,
on default of payment of fine and costs, up to 30 days' imprisonment.
Each day that a violation continues after due notice has been served
shall be deemed a separate offense. The Borough of Homestead shall
also be entitled to an award of attorneys' fees and costs of prosecution
incurred in connection with the violation action. The imposition of
the penalties herein prescribed shall not preclude the Borough from
instituting appropriate action to restrain, enjoin, correct or abate
a violation, or to prevent illegal occupancy of a building, structure
or premises, or to stop any illegal or unsafe conduct or activity
involving the utilization of a building, structure or premises.
