[HISTORY: Adopted by the Board of Commissioners of the Township of Upper Pottsgrove as indicated in article histories. Amendments noted where applicable.]
Article I Private Property
Article II Property Maintenance Code
[Adopted 12-3-1956 by Ord. No. 4 (Ch. 10, Part 2, of the 1993 Code)]
[Amended 5-24-1976 by Ord. No. 85]
It hereby is declared to be a nuisance for any person, firm, association or corporation, or officer thereof, owning, leasing, occupying, or having any interest in any real estate, property or land situate in Upper Pottsgrove Township to store or accumulate or suffer to remain upon said real estate, property or land any junked, abandoned or discarded articles including vehicles, trailers, boats, appliances or household goods or other objects, scrap lumber, paper, cardboard, rubber, glass or similar type refuse unless said real estate, property or land was being used commercially for that purpose at the effective date of this article or a proper zoning permit therefor was granted thereafter, and in the event said real estate, property or land was so used at the effective date of this article, to increase the usage for said purposes beyond its usage existing at said effective date. For the purposes of this article, "junked articles" are those stripped or used for the sale of parts, abandoned articles and those resting for 96 hours or more which are inoperable and without registration plates.
It is hereby declared to be a nuisance for any person, firm, association, corporation, or the officers thereof, owning, leasing, occupying, or having any interest in any real estate, property, or land situate in Upper Pottsgrove Township to permit weeds or similar vegetation not edible or planted or cultivated for some useful or ornamental purpose, to grow or remain on such premises, land or property.
[Amended 3-8-1993 by Ord. No. 243]
It is also hereby declared to be unlawful for any person, firm, association, corporation, or the officers thereof, owning, leasing, occupying, or having any interest in any real estate, property, or land situate in Upper Pottsgrove Township to permit to remain on said ground any dilapidated building ruin which in the opinion of the Board of Commissioners of Upper Pottsgrove Township constitutes a nuisance.
[Amended 3-8-1993 by Ord. No. 243; 6-26-1995 by Ord. No. 262]
Where any nuisance, as declared by this article, is permitted to remain contrary to the provisions of this article, written notice shall be given by personal service upon or mailed to the owner, lessor, lessee, occupant or agent of the owner, lessor or lessee or to any other person having an interest in the real estate, property or land, requiring the removal of the nuisance within 48 hours after the date of the notice, failing which the penalties of § 251-5 of this article may be invoked and, in addition thereto, the nuisance may be removed by or under the direction of the Board of Commissioners of this Township, or such other person as may be designated by it, and the cost of such removal, together with such maximum penalty as may be provided by law, shall be collected from the owner, lessor, lessee, occupant, agent thereof or any other person having an interest in the real estate, property or land, by summary proceedings; provided, further, that where the owner, lessor, lessee, occupant, agent thereof or other person having an interest the real estate, property or land, may not reside in Upper Pottsgrove Township, or where their presence cannot be determined, the aforesaid notice shall be posted upon the offending premises in lieu of the giving of such notice by personal service or mail. The written notice provided in this Section may be given by the Township Secretary, any police officer of the Township, or such other person as the Board of Commissioners may, from time to time and at any time, designate, authorize and direct.
[Amended 3-8-1993 by Ord. No. 243]
Any person who shall violate any provision of this article shall, after receiving notice as provided herein and upon conviction thereof, be sentenced to pay a fine not exceeding $600 and costs and, in default of payment thereof, shall be subject to imprisonment for a term not to exceed 30 days. Each day that a violation of this article continues shall constitute a separate offense.
[Adopted 4-13-2005 by Ord. No. 381]
[Amended 9-18-2006 by Ord. No. 400]
The International Property Maintenance Code, 2003, as published by the International Code Council, be and is hereby readopted and reconfirmed as the Property Maintenance Code of Upper Pottsgrove Township. However, in the event that the International Code Council prepares and adopts a later version of the International Property Maintenance Code, that most recent edition of the code shall become part of the ordinances of Upper Pottsgrove Township without the need for the adoption of an amending ordinance.
The following subsections and/or words in the International Property Maintenance Code, 2003 (hereafter the "Property Maintenance Code"), are hereby revised to substitute the following words for the original words contained in the ordinance:
Section 101.1: substitute "Upper Pottsgrove Township" for "[NAME OF JURISDICTION]."
The title of Section 103 shall read as follows: "BUILDING CODE OFFICIAL AND DEPUTIES."
Section 103.1 shall read as follows:
Creation of the Office of the Building Code Official. The office of Building Code Official is hereby created and the executive official(s) in charge thereof shall be known as the Building Code Official.
Section 103.2 shall read as follows:
Appointment. The Building Code Official shall be appointed by the Board of Commissioners and shall serve at the pleasure of the Board of Commissioners.
Section 103.5 shall read as follows:
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.
The title of Section 104.7 shall read as follows: "Building Code Official's Record."
Subsection 106.3 shall read as follows:
Prosecution of Violation. Persons who shall violate a provision of this code, fail to comply with any of the requirements thereof or erect, install, alter or repair work in violation of the approved construction documents or directive of the Building Code Official, or of a permit or certificate issued under the provisions of this code, shall be guilty of a summary offense, punishable by a fine of not more than $1,000 per violation. Each day that a violation continues after due notice has been served shall be deemed a separate offense.
Subsection 107.4 is hereby revised by deleting the reference to Section 106.4 and substituting "106.3."
Section 111, Means of Appeal, which was previously deleted, is hereby reinstated in its entirety, which includes Sections 111.1 through 111.8. It is the intent of this provision to eliminate the Construction Code Board of Appeals as the appellate board to hear Property Maintenance Code appeals. Any fees associated with the appeal shall be set by resolution of the Board of Commissioners from time to time.
[Amended 9-18-2006 by Ord. No. 400]
Section 202 is hereby revised to include the following additional definitions:
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."
One-Family Dwelling. A building containing one dwelling unit.
Two-Family Dwelling. A building containing two dwelling units.
Section 202 is hereby amended as follows: in the definition of "owner" the phrase "if ordered to take possession of real property by a court" is hereby deleted from the definition.
Section 301 is hereby amended to include the following additional subsection known as 301.2.1:
301.2.1. 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.
Section 302 is hereby amended to include the following additional subsection known as 302.3.1:
302.3.1. 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.
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.
Section 302 is hereby amended to include the following additional subsection known as 302.4.2:
302.4.2. The Building Code Official, 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 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 ordinance, within five days after issuance of such notice.
Whenever, in the judgment of the Building Code Official, 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.
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 nuisance.
Section 302.8 shall read as follows:
Motor Vehicles. Only one intact inoperative or unlicensed motor vehicle shall be parked, stored, or kept on any premises. 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 purposes.
Section 304.14: substitute "May 15" for the first reference of "[DATE]" and "October 15" for the second reference of "[DATE]."
Section 602.3: substitute "October 1" for the first reference of "[DATE]" and "May 1" for the second reference of "[DATE]."
Section 602.4: substitute "October 1" for the first reference of "[DATE]" and "May 1" for the second reference of "[DATE]."
Substitute in all relevant sections of the code "Building Code Official" for "[THE BUILDING CODE OFFICIAL]."
Substitute in all relevant sections of the code "the Board of Commissioners" for "[THE GOVERNING BODY]."