[Adopted 2-20-2019 by Ord. No. 1041;[1] amended in its entirety 6-15-2022 by Ord. No. 1065]
[1]
Editor's Note: This ordinance also repealed former Art. VIII, Property Maintenance Code, adopted 2-4-2015 by Ord. No. 992.
That a certain document, three copies of which are on file in the office of the Township Secretary of South Whitehall Township, being marked and designated as the International Property Maintenance Code, 2018 edition, as published by the International Code Council, be and is hereby adopted as the Property Maintenance Code of the Township of South Whitehall in the Commonwealth of Pennsylvania, for regulating and governing the conditions and maintenance of all property, buildings and structures; 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 are herein provided; providing for the issuance of permits and collection of fees therefore and each and all the regulations, provisions, penalties, conditions and terms of the Property Maintenance Code on file in the office of the Township are hereby referred to, adopted, and made a part hereof, as if fully set forth in in this article, with the additions, insertions, deletions and changes, if any, prescribed in § 144-29 of this article.
The following additions, insertions, and modifications shall be made in the 2018 International Property Maintenance Code at the sections hereinafter indicated, and any section not referenced herein is adopted in its entirety.
A. 
Section 101.1 shall read:
101.1 Title. These regulations shall be known as the "Property Maintenance Code of the South Whitehall Township," hereinafter referred to as "this code."
B. 
Section 102.3 shall read:
102.3 Application of other codes. Repairs, additions or alterations to a structure, or changes of occupancy, shall be done in accordance with the procedures and provisions of the Pennsylvania Uniform Construction Code, as amended. Nothing in this code shall be construed to cancel, modify, or set aside any provision of the South Whitehall Township Zoning Ordinance, as amended.
C. 
Section 103.2 shall read:
103.2 Appointment. The code official shall be appointed by the South Whitehall Township Board of Commissioners by resolution and shall serve at the pleasure of the Board of Commissioners.
D. 
Section 103.5 shall read:
103.5 Fees. The fees for activities and services performed by the Township in carrying out its responsibilities under this code shall be as indicated in the South Whitehall Township Fee Schedule.
E. 
Section 106.3 first sentence shall read:
106.3 Prosecution of violation. Any person failing to comply with a notice of violation or order served in accordance with Section 107 shall be deemed guilty of a violation of this code and shall be subject to the violation penalties provided in Section 106.4 and the violation shall be deemed a strict liability offense.
F. 
Section 106.4 shall read:
106.4 Violation penalties. Persons who shall violate any provision of this code, or shall fail to comply therewith, or with any of the requirements thereof, shall be guilty of a summary offense, punishable by a fine of up to $1,000, plus costs of the enforcement action including reasonable attorney's fees or, in default of payment, may be sentenced to imprisonment for up to 90 days. Each day that a violation continues after due notice has been served shall be deemed a separate offense punishable by a separate fine as set forth herein.
G. 
Section 112.4 shall read:
112.4 Failure to comply. 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 for a fine of up to $1,000 plus costs of the enforcement action, if any, including reasonable attorney's fees or, in default of payment, may be sentenced to imprisonment for up to 90 days.
H. 
Section 201.3 shall read:
201.3 Terms defined in other codes. Where terms are not defined in this code and are defined in the International Building Code, International Fire Code, South Whitehall Township Zoning Ordinance, International Plumbing Code, International Mechanical Code or NFPA 70, such terms shall have the meanings ascribed to them as stated in those codes.
I. 
The following shall be inserted in Section 302.4 of the Code, where applicable: "12 inches."
J. 
Section 302.8 shall read:
302.8 Motor Vehicles. See South Whitehall Township Ordinance No. 714.
K. 
The words "capable of shall be inserted before "containing water" in the first full sentence of Section 303.2 of the code.
L. 
The following shall be inserted in Section 304.14 of the code, where applicable: First insertion: "April 1st"; Second Insertion: "October 31st."
M. 
Section 404.4.2 Access from bedroom shall be deleted in its entirety.
N. 
The following shall be inserted in Section 602.3 of the code, where applicable: First insertion: "September 15th"; Second Insertion: "May 15th."
O. 
The following shall be inserted in Section 602.4 of the code, where applicable: First insertion: "September 15th"; Second Insertion: "May 15th."
P. 
Section 606 Elevators, Escalators and Dumbwaiters of the code shall be deleted inits entirety.
The South Whitehall Township Building Code Appeals Board, established pursuant to the Township Building Code and reestablished by resolution of the Board of Commissioners, shall fulfill the purpose of the board of appeals as set forth in the code in conformity with its requirements and relevant provisions.
Ordinance No. 992 and all other ordinances, resolutions and other regulations of the Township, or any parts of ordinances, resolutions, and other regulations of the Township, in conflict herewith are hereby repealed. All other provisions of the ordinances, resolutions and other regulations of the Township of South Whitehall, Lehigh County, Pennsylvania shall remain in full force and effect.
The provisions of this article and of the code hereby adopted, insofar as they are the same as those ordinances and/or codes in force immediately prior to the enactment of this article, are intended as a continuation of such ordinances and codes, and not as new enactments. Nothing in this article or in the International Property Maintenance Code hereby adopted shall be construed to affect any suit or proceeding pending in any court, or any rights acquired, or liability incurred, or any cause or causes of action acquired or existing, under any code, act or ordinance hereby repealed; nor shall any just or legal right or remedy of any character be lost, impaired, or affected by this code or ordinance.
The provisions of this article are declared to be severable. If any article, section, subsection, paragraph, clause, phrase or provision of this code or this article or the application thereof is held invalid or ineffective, in whole or in part, the invalidity shall not affect any other article, section, subsection, paragraph, clause, phrase or provision or application of this code or this article and the remaining provisions shall be given full force and effect as completely as if the part or parts held invalid had not been included herein.
In all matters that are regulated by the law of the Commonwealth of Pennsylvania or by regulations of departments or agencies of the commonwealth promulgated by authority of law, such laws or regulations, or other ordinances of the Township, as the case may be, shall control where the requirements thereof are the same as or in excess of the provisions of this article.
This article shall be effective immediately.