[Ord. No. 2021-2330, 6/8/2021[1]]
A certain document, a copy of which is on file in the office of the Code Enforcement Department of the Borough of Phoenixville, being marked and designated as the International Property Maintenance Code, 2021 Edition, as published by the International Code Council, be and is hereby adopted as the Property Maintenance Code of the Borough of Phoenixville, Chester County, 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; and each and all regulations, provisions, penalties, conditions and terms of said Property Maintenance Code on file in the office of the Code Enforcement Department of the Borough of Phoenixville 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 prescribed in § 5-202.
[1]
Editor's Note: This ordinance also repealed former Part 2,
Property Maintenance Code, adopted by Ord. 2151, 12/8/2009, as amended.
[Ord. No. 2021-2330, 6/8/2021]
The following sections of the International Property Maintenance
Code, 2021 Edition, are hereby revised:
1.
Section 101.1 - Title, insert: "Borough of Phoenixville."
2.
Section 101.2 - Scope, is revised by adding the following: "Notwithstanding
the foregoing, to the extent other chapters of the Phoenixville Borough
Code provide for more stringent or additional requirements, standards,
responsibility, administration, enforcement and/or penalties, they
shall control and be incorporated herein."
3.
Section 102.3 - Application of other codes, is revised to read as
follows: "Repairs, additions or alterations to a structure, or changes
of occupancy, shall be done in accordance with the procedures and
provisions of the Phoenixville Borough Code of Ordinances, including
the adopted Uniform Construction Code (UCC) of the Commonwealth of
Pennsylvania. Nothing in this code shall be construed to cancel, modify
or set aside any provisions of the Zoning Chapter of the Phoenixville
Borough Code."
4.
Section 102.8 - Referenced codes and standards, is revised by adding
the following: "Notwithstanding the foregoing, to the extent the Phoenixville
Borough Code provides for more stringent or additional conditions
and standards, it shall control."
5.
Section 102.9 - Requirements not covered by code, is revised to read
as follows: "Requirements necessary for the strength, stability or
proper operation of an existing fixture, structure or equipment, or
for the public safety, health and general welfare, not specifically
covered by this code, shall be determined by the code official, in
accordance with the Phoenixville Borough Code."
6.
Section 103.1 - General, is revised to read as follows: "The Borough
of Phoenixville Code Enforcement Department shall operate in place
of a department of property maintenance inspection. 'Code Enforcement
Department' shall be used interchangeably with 'Department' and 'Code
Official.' For the purposes of the code, the Borough of Phoenixville
Code Enforcement Director shall supervise the Department. For the
purposes of the code, the Code Enforcement Director or his/her designee
shall be the Code Official and the terms shall be used interchangeably."
7.
Section 104.1 - Fees, is revised to read as follows: "The Borough
Council shall set forth, by resolution, the fees for activities and
services performed by the Department in carrying out its responsibilities
under this code. The Borough Council may amend the fee schedule by
resolution from time to time."
8.
Section 104.2 - Refunds, is revised to read as follows: "[Reserved]."
9.
Section 106.1 - Modifications, is revised by adding the following:
"Notwithstanding the foregoing, to the extent such requested modifications
would be more properly determined by the Zoning Hearing Board, the
Borough Council, UCC Appeals Board, IFC Appeals Board or other entity,
the Code Official shall not have the authority to grant modifications."
10.
Section 108.1 - is revised to read as follows: "(Reserved)."
11.
Add Section 108.2 - Application for appeal, is created and to read as follows: "Any person directly affected by a decision of the Code Official or a notice or order issued under this code shall have the right to appeal to the Board of Appeals, provided that a timely written application for appeal is filed in accordance with Chapter 1, Part 4, § 1-444 of the Phoenixville Borough Code, which shall govern such appeal."
12.
Section 110.4 - Failure to comply, is revised to 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
to a fine of not more than $1,000."
13.
Section 111.2.1 - Authority to disconnect service utilities, is revised
by adding the following: "The Code Official shall comply with all
state and federal laws and regulations pertaining to the disconnection
of utility service."
14.
Section 113.1 - General, is revised by adding the following: "Demolition of any structure in the Borough's Historic District shall be subject to the procedures set forth in Chapter 12 Historic District of the Phoenixville Borough Code."
15.
Section 201.1 - Scope, is revised by adding the following: "Notwithstanding
the foregoing, where a section of this code directs to another chapter
of the Phoenixville Borough Code, the terms shall be defined in accordance
with that chapter."
16.
Section 301.1 - Scope, is revised by adding the following: "Notwithstanding
the foregoing, to the extent other chapters of the Phoenixville Borough
Code provide for more stringent or additional conditions and responsibilities,
they shall control and be incorporated herein."
20.
Section 302.8 - Motor vehicles, is revised to read as follows: "Motor vehicles shall be parked, stored or kept subject to Chapter 15, Part 13, §§ 15-1301 through 15-1310 or as otherwise set forth in Chapter 27 of the Phoenixville Borough Code. Painting of vehicles is prohibited unless conducted inside an approved spray booth. Exception: A vehicle of any type is permitted to undergo major overhaul, including body work, provided that such work is performed inside a structure or similarly enclosed area designed and approved for such purpose."
22.
Section 304.14 - Insect screens, insert: "March 1" to "November 1."
23.
Section 308.2.1 - Rubbish storage facilities, is revised to read
as follows: "[Reserved]."
25.
Section 308.3.1 - Garbage facilities, is revised to read as follows:
"[Reserved]."
26.
Section 308.3.2 - Containers, is revised to read as follows: "[Reserved]."
28.
Section 309.2 - Owner, is revised to read as follows: "[Reserved]."
29.
Section 309.3 - Single occupant, is revised to read as follows: "[Reserved]."
30.
Section 309.4 - Multiple occupancy, is revised to read as follows:
"[Reserved]."
31.
Section 309.5 - Occupant, is revised to read as follows: "[Reserved]."
32.
Section 401.1 - Scope, is revised by adding the following: "Notwithstanding
the foregoing, to the extent other chapters of the Phoenixville Borough
Code provide for more stringent or additional conditions and standards,
they shall control and be incorporated herein."
33.
Section 501.1 - Scope, is revised by adding the following: "Notwithstanding
the foregoing, to the extent other chapters of the Phoenixville Borough
Code provide for more stringent or additional systems, facilities
and fixtures, they shall control and be incorporated herein."
34.
Section 507.1 - General, is revised to read as follows: "Drainage of roofs and paved areas, yards and courts, and other open areas on the premises shall not be discharged in a manner that creates a public nuisance and shall be in compliance with Chapter 23, Part 1, §§ 23-801 through 23-804, of the Phoenixville Borough Code."
35.
Section 601.1 - Scope, is revised by adding the following: "Notwithstanding
the foregoing, to the extent other chapters of the Phoenixville Borough
Code provide for more stringent or additional systems, facilities
and fixtures, they shall control and be incorporated herein."
36.
Section 602.3 - Heat supply, insert: "October 1" to "June 1."
37.
Section 602.4 - Occupiable work spaces, insert: "October 1" to "June
1."
38.
Section 701.1 - Scope, is revised by adding the following: "Notwithstanding
the foregoing, to the extent other chapters of the Phoenixville Borough
Code provide for more stringent or additional conditions and standards,
they shall control and be incorporated herein."
40.
Appendix B - Appeals board, is revised to read as follows: "[Reserved]."
[Ord. No. 2021-2330, 6/8/2021]
1.
Any person, partnership, or corporation, who shall violate any provision
of this chapter, shall, upon conviction thereof, be sentenced to pay
a fine of not more than $1,000 plus costs and in default of said fine
and costs, to a term of imprisonment not to exceed 30 days. Each day
that the violation of this chapter continues shall constitute a separate
offense.
2.
The Court of Common Pleas, upon petition, may grant an order of stay,
upon cause shown, tolling the per-diem fine pending a final adjudication
of the violation and judgment.
3.
Nothing contained in this chapter shall be construed or interpreted
to grant to any person or entity other than the Borough the right
to commence any action for enforcement pursuant to this chapter.
4.
In the event any building, structure or land is or is proposed to
be erected, constructed, reconstructed, altered, converted, maintained
or used in violation of this chapter of the Code, or in case any land,
building or structure for which a use and occupancy permit is required
is conveyed or possession otherwise transferred to a bona fide purchaser
or lessee without obtaining such certificate of occupancy and delivering
the same to such bona fide purchaser or lessee at or prior to conveyance
or transfer of possession, whichever first occurs, Borough Council,
in addition to other remedies, may institute in the name of the Borough
any appropriate action or proceeding to prevent, restrain, correct
or abate such building, structure or land or the conveyance thereof,
or to prevent in or about such premises any act, conduct, business
or use constituting a violation.
