[HISTORY: Adopted by the Board of Supervisors of the Township of Upper Frederick as indicated in article histories. Amendments noted where applicable.]
GENERAL REFERENCES
Code enforcement  — See Ch. 112.
Littering — See Ch. 168.
Solid waste — See Ch. 224.
Abandoned vehicles — See Ch. 259.
[Adopted 9-10-1992 by Ord. No. 92-10]
This article shall be known and cited as the "Upper Frederick Township Property Maintenance Ordinance."
Recognizing the need within Upper Frederick Township to establish certain minimum health and safety requirements for those buildings, structures or properties which are associated with human occupancy or use, this article hereby establishes standards which the Board of Supervisors considers to be fair and essential in meeting those minimum requirements.
This article, and the objectives leading to its enactment, are authorized by the Second Class Township Code.
As used in this article, the following terms shall have the meanings indicated:
BUILDING
A roofed structure, enclosed by one or more walls, housing, storage or enclosure of persons, goods, materials, equipment or animals.
COURT
An open and unoccupied space on a lot enclosed on at least three sides by the walls of a building.
GARBAGE
Putrescible animal and vegetable wastes resulting from the handling, preparation, cooking and consumption of food.
INFESTATION
The presence of insects, rodents, vermin and/or other pests which shall constitute a threat or potential threat to the health, safety or welfare of the citizens of Upper Frederick Township.
LOT
Plots, tracts, premises or parcels of land, with or without improvements thereto.
NUISANCE
Any condition, structure or improvement which shall constitute a threat or potential threat to the health, safety or welfare of the citizens of Upper Frederick Township.
OWNER
Any person or persons, jointly or severally, firm, corporation or other entity which, either by conveyance or inheritance or otherwise, is vested with the title to a lot and/or improvements thereto or who retains the exclusive control of such a lot and/or improvements thereto in his capacity as a legal representative, such as an administrator, trustee, executor, etc.
REFUSE
All putrescible and nonputrescible solid wastes, including garbage, rubbish, ashes, dead animals and market and industrial wastes.
UNOCCUPIED HAZARD
Any building, or part thereof, or man-made structure, which remains unoccupied for a period of more than six months, with either doors, windows or other openings broken, removed, boarded or sealed up, or any building under construction upon which little or no construction work has been performed for a period of more than six months.
YARD
Any open space on the same lot with a building and, for the most part unobstructed from the ground up.
The provisions of this article shall supplement local laws, ordinances or regulations existing in Upper Frederick Township, or those of the Commonwealth of Pennsylvania. Where a provision of this article is found to be in conflict with any provision of a local law, ordinance, code or regulation, or those of the Commonwealth of Pennsylvania, the provisions which are more restrictive or which establishes the higher standard shall prevail, unless preempted.
A. 
No owner of any building or structure shall fail to take steps and perform such maintenance thereto, as may be required from time to time, to ensure the property is safe, sound, sanitary and secure and does not present a health and/or safety hazard to surrounding properties and to the general populace.
B. 
No owner of any unoccupied building or structure shall fail to take such steps as may be required to insure that these are securely closed so as to prohibit and deter entry thereto and to insure that no health and/or safety hazard, or threat thereof, is precipitated due to a lack of maintenance or due to neglect.
C. 
Owners of any and all unoccupied buildings and/or structures which, through neglect, have deteriorated to the point of being classified as unoccupied hazards, and therefore constitute a severe health and/or safety hazard shall, upon direction of the Board of Supervisors, remove, or cause the removal of, the building and/or structure.
No person shall permit:
A. 
Fences and/or minor structures to be constructed and maintained so as to present a safety or health hazard to persons and/or property.
B. 
The development or accumulation of hazards, rodent harborage and/or infestation upon yards, courts, lots.
C. 
Objectionable materials to accumulate and to be blown about the surrounding neighborhood.
D. 
Wells, cesspools and cisterns to remain open without adequate fencing or barricades to prevent access thereto by the general public.
A. 
Grounds, buildings and structures shall be maintained free of insect, vermin and rodent harborage and infestation, which shall constitute a threat or potential threat to the health, safety or welfare of the citizens of Upper Frederick Township.
B. 
Adequate sanitary facilities and methods shall be used for the collection, storage, handling and disposal of garbage and refuse.
C. 
Where there exists rodent and vermin infestation, corrective measures shall be undertaken by the property owner and/or occupant to alleviate the existing problem(s), to include screening, extermination and/or garbage and refuse control. Methods employed for extermination shall conform with generally accepted practices.
It shall be unlawful for any person to store or maintain abandoned, unused, stripped, damaged and generally unusable appliances, machinery or equipment, construction materials in the open, or toxic chemicals not maintained for personal use or actively used in the normal operation of a business, on private property. Such storage shall constitute a nuisance and/or health hazard if any of the following conditions exist:
A. 
Broken glass or metal parts with sharp or protruding edges.
B. 
Containers which are conducive to the harboring and growth of vermin or animals.
C. 
Storage in any manner which would allow the equipment, machinery, material, or any parts thereof, to easily shift, tilt or fall from its original storage position.
D. 
Containers of any liquid or material of a hazardous or potentially hazardous nature including, but not limited to, gasoline, oil, battery acids, explosives, refrigeration agents and poisons, which are not maintained for personal use or in association with the normal operation of a business.
E. 
Refrigerators with the doors remaining attached.
Any occupant of a premises shall be responsible for compliance with the provisions of this article with respect to the maintenance of that part of the premises which he occupies and/or controls in a safe, sound and/or sanitary condition pursuant to the terms of the contract/agreement under which he exercises occupancy and/or control thereof.
A. 
Owner of premises shall comply with the provisions of this article, as well as operators and occupants, regardless of any agreements between owners and operators or occupants as to which party shall assume such responsibility.
B. 
In instances where an occupant is responsible, or shares responsibility with an owner, for the existence of one or more violations of this article, said occupant shall be deemed responsible and treated as if an owner within the true intent and meaning of this article.
The Board of Supervisors may, or may cause, through an authorized representative of Upper Frederick Township, entry onto premises for the purpose of inspection of any and all premises, properties, buildings and/or structures located within Upper Frederick Township for ascertaining the existence of violations. No action shall be instituted on private complaint without the delivery of a signed written complaint to the Board of Supervisors of Upper Frederick Township by the complaining person or persons prior to the institution of any enforcement proceeding. In those matters where the nature of an alleged violation is such that an inspection of the interior of a building or structure is necessitated, prior arrangements must be made with the owner, or his agent, to secure access thereto.
A. 
If noncompliance with the provisions of this article constitutes a nuisance, or if any condition, structure or improvement poses a threat to the health, safety or welfare of the public, the Code Enforcement Officer shall issue a written notice to be served by registered or certified mail upon the owner of said premises, or, if the owner's whereabouts or identity be unknown, by posting the notice conspicuously upon the offending premises.
B. 
Said notice shall specify the condition or structure or improvement complained of, and shall require the owner to commence to remove or otherwise rectify the condition or structure or improvement as set forth therein within 10 days of mailing or posting of said notice, and thereafter, to fully comply with the requirements of the notice within a reasonable time.
A. 
Any person aggrieved by the decision of the Code Enforcement Officer may request and shall then be granted a hearing before the Board of Supervisors; provided he files with the Board of Supervisors, within 10 days after notice of the Code Enforcement Officer's decision, a written petition requesting such hearing and setting forth a brief statement of the grounds therefor. The hearing shall commence not later than 30 days after the date on which the petition was filed, unless postponed for sufficient cause.
B. 
After such hearing, the Board of Supervisors shall sustain, modify or overrule the action of the Code Enforcement Officer.
Any person, firm or corporation who shall violate any provision of this article, upon conviction thereof in an action brought before a District Justice in the manner provided for the enforcement of summary offenses under the Pennsylvania Rules of Criminal Procedure, shall be sentenced to pay a fine of not more than $1,000 plus costs and, in default of payment of said fine and costs, to a term of imprisonment not to exceed 90 days. Each day that a violation of this article continues or each section of this article which shall be found to have been violated shall constitute a separate offense.
If the premises are owned by more than one owner, each owner shall severally be subject to prosecution for the violation of this article.
The remedies provided herein for the enforcement of this article, 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 Board of Supervisors.
[Adopted 12-16-2004 by Ord. No. 04-17; amended 5-14-2020 by Ord. No. 2020-01]
That a certain document, one copy of which is on file in the Office of the Township Secretary of Upper Frederick Township, being marked and designated as, "The International Property Maintenance Code, 2015 Edition", subject to the revisions below in § 194-19, and including Appendix A, as published by the International Code Council, be and is hereby adopted as the Property Maintenance Code of Upper Frederick Township, in Montgomery County, Pennsylvania, for the control of buildings and structures as herein provided; and each and all of the regulations, provisions, penalties, conditions and terms of said International Property Maintenance Code on file in the Office of Upper Frederick Township are hereby referred to, adopted and made a part hereof, as if fully set out in this article, with the additions, insertions, deletions and changes, if any, prescribed in § 194-19 of this article.
The International Property Maintenance Code, 2015 Edition, as referenced in this article, shall be revised as follows:
A. 
Deletions. The following subsections of the International Property Maintenance Code, 2015 Edition, are hereby deleted in their entirety:
(1) 
Section 101.4. Severability.
(2) 
Section 106.3. Prosecution of Violation.
(3) 
Section 111.2.5. Compensation of Members.
B. 
Amendments. The following subsections of the International Property Maintenance Code, 2015 Edition, are hereby amended to read as follows:
(1) 
Substitute in all sections of the Code, the term "Code Enforcement Officer" for [THE CODE OFFICIAL].
(2) 
Substitute in all sections of the Code, "The Board of Supervisors" for [THE GOVERNING BODY].
(3) 
Substitute in all sections of the Code, "Code Appeals Board" for [BOARD OF APPEALS].
(4) 
Section 101.1. The name of the jurisdiction shall be "Upper Frederick Township."
(5) 
The title of Section 103 shall be amended to read as follows: "CODE ENFORCEMENT OFFICER AND DEPUTIES."
(6) 
Section 103.1 shall be amended to read as follows: "103.1 Creation of The Office of The Code Enforcement Officer. The office of the Code Enforcement Officer is hereby created, and the executive official(s) in charge thereof shall be known as the Code Enforcement Officer(s)."
(7) 
Section 103.2 shall be amended to read as follows: "103.2. Appointment. The Code Enforcement Officer(s) shall be appointed by the Board of Supervisors and shall serve at the pleasure of the Board of Supervisors."
(8) 
Section 103.5 shall be amended to read as follows: "103.5. Fees. The fees for all work, permits, charges, etc. shall be paid in accordance with the Fee Schedule Resolution in effect at the time application is made."
(9) 
The title of Section 104.6 shall be amended to read as follows: "104.6 Code Enforcement Officer's Records."
(10) 
Section 106.4 shall be amended to read as follows: "106.4. Penalties. Penalties for noncompliance with the provisions of these subsections shall be as set forth in § 112-5, Violations and Penalties; Unfit Buildings, of Chapter 112, Code Enforcement."
(11) 
Section 111.2 shall be amended to read as follows: "111.2 Membership of Board. The Code Appeals Board shall consist of not less than three members who are qualified by experience and training to pass on matters pertaining to property maintenance and who are not employees of Upper Frederick Township. The Code Appeals Board shall be appointed annually by the Board of Supervisors."
(12) 
Section 112.4. Insert "$100" for the first reference of [AMOUNT], and "$1,000" for the second reference of [AMOUNT].
(13) 
Section 202 is amended to include the following additional definitions:
CODE APPEALS BOARD
The Board appointed by the Board of Supervisors to hear appeals from the decision of the Code Enforcement Officer.
OCCUPIED
As applied to a building, or portion thereof, shall be construed as though followed by the words, "or intended, arranged or designed to be occupied, or having a certificate of use and occupancy."
SINGLE-FAMILY DWELLING
A building containg one dwelling unit.
TOWNSHIP
Upper Frederick Township.
TWO-FAMILY DWELLING
A building containing two dwelling units.
(14) 
Section 302.4. The height limitation for weeds and plant growth shall be 10 inches.
(15) 
Section 302.8 shall be amended to read as follows: "302.8 Motor Vehicles. Except as provided in other regulations, no unregistered and/or uninspected motor vehicle shall be parked on any property, and no such vehicle shall, at any time, be in a state of major disassembly for a period in excess of 30 days, or disrepair, nor shall it be in the process of being stripped or dismantled. A vehicle of any type shall not, at any time, undergo major overhaul, including body work, in a residential district, unless such work is performed inside a structure or similarly enclosed area designed and approved for such purposes."
(16) 
Section 304.14. Insert "May 15" for the first reference of [DATE], and "October 15" for the second reference of [DATE].
(17) 
Section 402.2 shall be amended to read as follows: "402.2 Common Halls and Stairways. Every common hall and stairway in every building other than a single-family dwelling shall be adequately lighted at all times. This would include emergency electrical service in the event of power failure, as provided for in the International Fire Prevention Code."
(18) 
Section 502.2 shall be amended to read as follows: "502.2 Rooming Houses. At least one water closet, lavatory and bathtub or shower shall be provided for each four rooms, or maximum of six persons, within a rooming house."
(19) 
Section 502.3 shall be amended to read as follows: "502.3 Hotels. Where private water closets, lavatories and baths are not provided, one water closet, one lavatory and one bathtub or shower accessible from a public hallway shall be provided for each six occupants."
(20) 
Section 602.3 shall be amended to read as follows: "602.3 Minimum Average Unit Temperature. Every person who shall rent or lease, as lessor, any building, apartment or room for residential purposes, and whose rental agreement or lease requires the supplying or furnishing of heat therefore, shall, from the hours of 6:00 a.m. to 11:00 p.m., furnish heat to every room so occupied to a minimum average unit temperature of 68° F., to be so furnished whenever the street or outdoor temperature shall fall below 50° F., and from September 15 to May 15 regardless of the outdoor temperature.
Exceptions:
(a) 
When the outdoor temperature is below the winter outdoor design temperature for the locality, maintenance of the minimum room temperature shall not be required provided that the heating system is operating at its full design capacity. The winter outdoor design temperature for the locality shall be as indicated in Appendix D of the International Plumbing Code.
(b) 
In areas where the average monthly temperature is above 30° F. (-1° C.), a minimum temperature of 65° F. (18° C.) shall be maintained."
(21) 
Section 602.4 shall be amended to read as follows: "602.4 Nonresidential Structures. Every enclosed occupied work space shall be supplied with sufficient heat during the period from September 15 through May 15 to maintain a temperature of not less than 68° F. (20° C.) during all working hours."
(22) 
Section 603.2 shall be amended to read as follows: "603.2 Flue. All fuel-burning equipment shall be connected to an approved chimney or vent."
(23) 
Section 604.2 shall be amended to read as follows: "604.2 Service. The size and usage of appliances and equipment shall be used as a basis for determining the need for additional facilities in accordance with NFPA 70 listed in Chapter 8. Every dwelling shall be served by a main with not less than 100 ampere service with "S" base for proper fusing."
C. 
Insertions. The following new subsections shall be added to the International Property Maintenance Code, 2015 Edition:
(1) 
Section 104.7. Property Transfers. In the Township, it shall be unlawful for any owner to transfer a property or an interest therein unless the owner shall first ensure that the property inspections required under the Property Maintenance Code have first occurred. Compliance with the results of that inspection need not yet have occurred at the time of transfer, but shall be completed with a reasonable time as determined by the Code Enforcement Officer.
(2) 
Section 104.7.1 Single-Family Dwelling Requirements. Upon transfer of title to a new owner, all corrections or repairs of the following enumerated items shall be made by the owner or purchaser in accordance with the requirements of the Municipal Code and Ordinance Compliance Act (68 P.S. §§ 1081-1083):
(a) 
No accumulation of rubbish or garbage.
(b) 
Decks, pools and other accessory structures conformed to zoning regulations and building codes.
(c) 
Swimming pools must be enclosed with a minimum four-foot-high fence.
(d) 
Cellar drains or sump pumps connected to a public sewer must be removed.
(e) 
Broken windows must be repaired.
(f) 
Egress from all bedrooms (windows must be operational and maintain an open position).
(g) 
Roof drains must not be connected to a public sewer.
(h) 
A smoke detector must be installed on each floor level, unfinished basement and in every bedroom.
(i) 
Carbon monoxide detector must be installed near bedrooms (with fuel-fired appliances only).
(j) 
A fire extinguisher equipped with a hose and nozzle and of a 2 1/2 pound BC dry powder rating must be supplied for the dwelling.
(k) 
An existing acceptable 60 ampere service, or a minimum of 100 ampere three-wire electric service, must be installed for the dwelling.
(l) 
All breakers or fuses at panel must be properly labeled.
(m) 
All kitchens, bathrooms, powder rooms, laundry rooms and swimming pool receptacle, or any outlets within six feet of water source, must be supplied with a ground fault receptacle.
(n) 
All gas ranges must be supplied with shutoff valves installed behind the range.
(o) 
All electrical ranges must have an outlet installed at the rear of the range.
(p) 
Toilets, tub/shower units and lavatories must be properly functioning.
(q) 
Proper ventilation for dryers (must vent directly outside).
(r) 
Drip let on water heater relief valve (maximum of six inches from floor with a minimum one-inch air gap from floor, rigid pipe only).
(s) 
All properties must be supplied with three-inch numbers outside the property in clear view of the street designating the street number of the property.
(t) 
The property must be in clean and sanitary condition.
(u) 
A certificate of inspection must be provided by a Township authorized heat and oil burner service dealer for the heating unit.
(v) 
Before the issuance of the property transfer use and occupancy certificate, a full buyer notification inspection shall be conducted. The old owner must inform the new owner of all pending violations, and a letter of intent signed as to who will be responsible for the said violations. All violations must be corrected within 60 days upon transfer of title to new owner.
(w) 
In the event that the property transfer does not occur, the present owner must correct all listed violations within 60 days of the date on which the settlement on the property was to have occurred. Failure to abate said violation shall be subject to the penalties set forth in § 112-5B, Penalties, of Chapter 112, Code Enforcement.
(3) 
Section 104.7.2 Two-Family and Multiple Dwelling Units. Upon transfer of title to a new owner, no single-family rental unit, no two-family dwelling and no multiple dwelling shall be occupied, in whole or in part, until the issuance of a property transfer certificate of occupancy by the Code Enforcement Officer that said structure conform in all respects to the requirements of this Code (International Property Maintenance Code, 2015 Edition) and International Fire Prevention Code. The following requirements must be met before a property transfer certificate of use and occupancy shall be issued:
(a) 
Before the issuance of the said certificate of occupancy, a full code compliance inspection shall be conducted. The old owner must inform the new owner of all pending violations, and a letter of intent shall be signed as to who will be responsible for said violations. All violations must be corrected within 60 days upon transfer of the title to the new owner.
(b) 
In the event that the property transfer does not occur, the present owner must correct all listed violations within 60 days of the date on which the settlement on the property was to have occurred. Failure to abate such violation shall be subject to the penalties set forth in § 112-5B, Penalties, of Chapter 112, Code Enforcement.
(c) 
All hazardous building, safety, fire, plumbing and electrical violations cited at the time of inspection by the Code Enforcement Officer shall be corrected in the time specified by the Building Inspector and Fire Marshall.
(4) 
Section 104.7.3 Commercial, Office, Manufacturing and Industrial Buildings. Upon transfer of title to a new owner, no commercial, office, manufacturing or industrial building shall be occupied, in whole or in part, until the issuance of a property transfer certificate of occupancy by the Code Enforcement Officer that said structure conforms in all respects to the requirements of this Code (International Property Maintenance Code, 2015 Edition) and the International Fire Prevention Code. The following requirements must be met before a property transfer certificate of use and occupancy shall be issued:
(a) 
Before the issuance of the said certificate of occupancy, a full code compliance inspection shall be conducted. The owner must inform the new owner of all pending violations, and a letter of intent shall be signed by whoever will be responsible for the correction of the violations, which must occur within 60 days of transfer of the deed to the new owner.
(b) 
In the event that the property transfer does not occur, the present owner must correct all listed violations within 60 days of the date on which the settlement on the property was to have occurred. Failure to abate such violation shall be subject to the penalties set forth in § 112-5B, Penalties, of Chapter 112, Code Enforcement.
(c) 
All hazardous building, safety, fire, plumbing and electrical violations cited at the time of inspection by the Code Enforcement Officer shall be corrected in the time specified by the Building Inspector and Fire Marshall.
(5) 
Section 104.7.4 Transfer Only Permits. The Code Enforcement Officer shall have the power to issue permits for the transfer of ownership of single-family dwellings that are not intended for occupancy until all requirements of § 104.7.1 hereof, have been satisfied. The Township Supervisors, by resolution, shall establish the appropriate fee for the issuance of a transfer only permit.
(6) 
Section 107.7. Written Approval Required. A dwelling or dwelling unit which has been condemned and placarded as unfit for human habitation shall not again be used for human habitation until written approval is received from the Code Enforcement Officer.
(7) 
Section 301.2.1 Maintenance Along Right-of-Way. Where properties abut a public right-of-way, the abutting property owner shall be responsible for the maintenance of the area between their property line and the cartway, including the curb, the sidewalk and grass areas between the curb and the property line.
(8) 
Section 301.4 Caretaker. In every multiple dwelling in which the owner does not reside, there shall be a responsible person, designated by the owner, residing on the premises whose duties include maintaining the commonly used parts of the premises.
(9) 
302.3.1 Sidewalk Maintenance. Where sidewalks exist, those responsible (see Section 301.2.1, as amended) for the sidewalks shall have at least a two-foot-wide path cleared of snow and ice within 24 hours after the cessation of the snowfall.
(a) 
Exception: When more than 12 inches of snow has fallen, those responsible for the sidewalk shall have at least a two-foot-wide path cleared of snow and ice within 48 hours after the cessation of the snowfall.
(10) 
Section 302.4.1 Grass and Weed Removal. The owner of any property, or the occupant of the property if occupied by other than the owner, shall remove, trim or cut all grass, weeds or other vegetation growing or remaining upon such property in violation of the provisions of Section 302.4.
(11) 
Section 302.4.2 Grass and Weed Removal Notices. The Code Enforcement Officer, or any officer or employee of the Township designated thereby for this purpose, is hereby authorized to give notice, by personal service or United States mail, to the owner or occupant or any adult person in charge of the said premises, as the case may be, of any property wherein grass or other vegetation is in violation of Section 302.4 or Section 302.4.1, directing and requiring such occupant or owner to remove, trim or cut such grass, weeds or vegetation so as to conform to the requirements of this article, within five days after issuance of such notice.
(a) 
Whenever, in the judgment of the Code Enforcement Officer, it shall appear to be impracticable to give notice as above provided, either because the owner or occupant cannot readily be found, or because a search for the owner or occupant would entail unreasonable delay, the Township or any officer or employee of the Township designated thereby for that purpose, may give notice by posting, conspicuously on the property where such nuisance exists, a notice or order directing and requiring that such nuisance be abated within five days.
(b) 
In case any person, firm or corporation shall neglect, fail or refuse to comply with such notice within the period of time stated therein, the Township may order the removal, trimming or cutting of such grass, weeds or vegetation, and the cost thereof, together with a penalty of 10% of the cost thereof, shall be collected by the Township from such person, firm or corporation, in the manner provided by law, and may be entered as a municipal lien against the property and owner thereof for the abatement of the nuisance.
(12) 
Section 302.8.1 Unregistered Vehicles. Registered motor vehicles are prohibited from parking on any nonpaved area in the front or side yards of a property for a period of greater than 12 hours. Motor vehicles may be parked on nonpaved areas in the rear yard providing that a solid fence, a minimum of six feet tall, is erected around the rear yard in order to screen the contents of the yard from surrounding neighbors.
(13) 
Section 602.3.1 Responsibility of Owner or Agent. For the purpose of this article, whenever the heating apparatus, plant or system in places of residence is under the control of the owner or his agent, in the absence of any contract to the contrary, the owner, as lessor, shall be deemed to have contracted to furnish heat as set forth herein.
(14) 
Section 602.3.2 Exceptions. The provisions of this article shall not apply in cases of emergency breakdowns or failures in the heating system, unit or plant; provided, that the lessor, owner or his employee or agent in such event shall promptly, upon notice or knowledge thereof, take such measures as are reasonably necessary and proper to repair or correct such breakdown or failure. (This will not apply to units that malfunction through negative maintenance or continuous inadequate fuel supply.)
(15) 
Section 602.3.3 Enforcement, Investigation and Tests. The provisions of this article shall be enforced by the Code Enforcement Officer, or such other duly authorized person who, upon complaint, shall make tests of the residence, building, apartment or room, by placing three Mercury thermometers at least three different points or locations therein, near or adjacent to an inside wall, away from any window or obvious draft, and at least three feet above the floor. An accurate written record, in triplicate, shall be made at the time of the test, showing the date, time, property location, placement of the thermometers, period of time covered by the readings, and the temperatures found. One copy of said written report shall be given to the tenant, one copy shall be mailed or delivered to the owner or lessor, and one copy shall be returned to and permanently preserved by the Code Enforcement Officer, and shall be available for production into evidence on any hearing charging a violation of the provisions of this article. Each copy of the report shall be signed by the Code Enforcement Officer making the test.
It shall be unlawful for any owner to occupy or lease for occupancy any dwelling or dwelling unit which violates the provisions of this article at the time of occupancy.
This article, together with the International Property Maintenance Code, 2015 Edition, adopted herein, shall be known and may be cited as the "Property Maintenance Code of the Township of Upper Frederick."