[Adopted 4-10-2001 by Ord. No. 913]
This article shall be known and may be cited
as the "Morrisville Borough Vacant Buildings and Structures Code."
Pursuant to the authority contained in the Act
of February 1, 1966 (1965 P. L. 1656, No. 581), as amended, Morrisville
Borough hereby enacts this article.
This article is promulgated to protect the public
health, safety and welfare by regulating buildings and structures
that become vacant, abandoned, unoccupied and/or unused regularly
for any length of time by establishing minimum requirements for safe
and sanitary maintenance of buildings, structures, premises and equipment.
This article shall be construed to secure its expressed intent, which
is to ensure public health, safety and welfare to the extent they
are affected by the vacancy of any building, structure or premises.
Unless otherwise expressly stated, the following
terms used in this article shall have the meanings indicated below.
The present tense includes the future tense, the singular number includes
the plural number, the plural number the singular, and the masculine
gender includes the feminine and neuter genders. The word "shall"
is mandatory.
The voluntary or involuntary discontinuance of an owner,
operator or person's use or occupancy of a building or structure.
Approved by the Building Official or other authority having
jurisdiction.
Any structure having a roof, self-supported or supported
by walls, columns or air pressure, which is fixed to the ground, whether
permanently or otherwise, used or occupied or intended to be used
or occupied for the shelter, housing, storage or enclosure of any
individual, animal, process, equipment, goods or materials of any
kind or nature. The word "building" shall include any part thereof.
The Morrisville Borough employee or individual retained by
Morrisville Borough, or his or her duly authorized representative
or agent, charged with the administration and enforcement of this
chapter.
The open space on the lot and on adjoining property under
the control of owners or operators of such premises.
Any animal or vegetable waste resulting from the handling,
preparation, cooking and consumption of food; any combustible and/or
noncombustible waste materials, including the residue from the burning
of wood, coal, coke and other combustible materials, paper, rags,
cartons, boxes, wood, excelsior, rubber, leather, tree branches, yard
trimmings, tin cans, metals, mineral matter, crockery, dust and similar
materials.
A designated parcel, tract or area of land established by
a plat or otherwise as permitted by law and to be used, developed
or built upon as a unit.
The purpose for which a building or structure or any portion
thereof is used.
Any person who has charge, care, management or control of
a building, structure or premises.
Any person, agent, operator, firm, corporation, political
subdivision or other association having a legal or equitable interest
in a property; or recorded in the official records of the Commonwealth
of Pennsylvania or County of Bucks as holding title to a property;
or otherwise having control of a property.
Any individual, corporation, association, firm, partnership,
organization, municipal or political body or any other group acting
as a unit.
The materials and fixtures utilized in the installation,
maintenance, extension and alteration of all piping, fixtures, appliances,
vents, drains, and appurtenances together with all connections to
water and sewer lines.
A receptacle or device which is connected to the water distribution
system of the premises, or discharges wastewater, liquid-borne waste
materials or sewage directly or indirectly to the drainage system
of the premises, or both.
Any man-made object having an ascertainable stationary location
on or in land or water, whether or not affixed to the land; any building
or other improvement to real property is hereby declared to be a structure
for purposes of this article.
The state of any building, structure or lot which is empty,
unoccupied, without contents, not in use or unused on a regular and/or
continual basis by natural persons and/or ceases to be used for the
primary purpose for which the building or structure is adapted and
shall include, but not be limited to, all such buildings or structures
which are unoccupied at the time this article is enacted.
The owner of every vacant or abandoned building,
structure or lot shall obtain a license from Morrisville Borough.
Every person applying for a license under this article shall supply
information as Morrisville Borough requires and shall pay an annual
fee as set forth in the Morrisville Borough Fee Schedule.
A license shall be obtained not later than 30
days following the date that the building, structure or lot becomes
vacant or abandoned.
Every license application shall include the
information required by this section plus such other information deemed
necessary by Morrisville Borough.
A.
Address. An identification of the property by street
number, mailing address and names of all streets contiguous to the
property, where such exist.
B.
Owner. An identification of the owner by name, residence
and business address. If the owner is a corporation, limited liability
company or other political or corporate body, the identification shall
include the name and address of such entity, together with the name,
residence and business address of one contact person.
C.
Signatures. The signature of the owner, or if the
owner is a corporate body, of any authorized agent.
D.
Reason for vacancy or abandonment.
E.
Time. Anticipated length of time to be vacant.
All licenses required by this article are subject
to the conditions set forth in this section.
A.
Term. Licenses shall be valid for a period of one
year from the date of issuance.
B.
Transfer. No license required by this article should
be transferable. The new owner of any abandoned or vacant property
shall obtain a new license from Morrisville Borough within 10 days
after the transfer in any manner of ownership or control of an interest
in such property.
C.
Changes. An owner, who is required to be licensed
under this article, shall inform Morrisville Borough in writing by
first class mail and shall amend the license application within five
days if there is a change of address of the owner or other contact
person.
D.
Renewal. If a property remains vacant after the expiration
of its license, said license shall be renewed within 30 days after
expiration, and the owner shall obtain an inspection of the property
for compliance with the minimum requirements for the safety and maintenance
of the property.
All structures, buildings or equipment which
are or hereafter become vacant, abandoned, unoccupied and/or unused
regularly for any length of time, whether the same is or becomes unsafe,
unsanitary or deficient by any means, shall be preserved and maintained
as provided for in this article.
The owner of a vacant or abandoned structure
or building shall maintain the exterior property in compliance with
the following standards:
A.
Sanitation. All exterior property and premises shall
be maintained in a clean, safe and sanitary condition.
B.
Grading and drainage. All premises shall be graded
and maintained to prevent the erosion of soil and to prevent the accumulation
of stagnant water thereon, or within any structure located thereon.
This requirement shall not apply to approved retention areas and reservoirs.
C.
Sidewalks and driveways. All sidewalks, walkways,
stairs, driveways, parking spaces and similar areas shall be kept
in a proper state of repair and maintained free from hazardous conditions.
D.
Weeds. All premises and exterior property shall be
maintained free from weeds or plant growth in excess of 10 inches
(254 mm). All noxious weeds are prohibited. "Weeds" shall be defined
as all grasses, annual plants and vegetation, other than trees or
shrubs; provided, however, that this term shall not include cultivated
flowers and gardens.
E.
Rodent harborage. All structures and exterior property
shall be kept free from rodent harborage and infestation. Where rodents
are found, they shall be promptly exterminated by approved processes,
which will not be injurious to human health. After extermination,
proper precautions shall be taken to eliminate rodent harborage and
prevent reinfestation.
F.
Exhaust vents. Pipes, ducts, conductors, fans or blowers
shall not discharge gases, steam, vapor, hot air, grease, smoke, odors
or other gaseous or particulate wastes directly upon abutting or adjacent
public property or that of another tenant.
G.
Accessory structures. All accessory structures, including
but not limited to, detached garages, fences and walls, shall be maintained
structurally sound and in good repair.
H.
Defacement of property. No person shall willfully
or wantonly damage, mutilate or deface any exterior surface or any
structure or building on any private or public property by placing
thereon any marking, carving, graffiti or the like. It shall be the
responsibility of the owner to restore said surface to an approved
state of maintenance and repair.
The exterior of a vacant or abandoned structure
or building shall be maintained in good repair, structurally sound
and sanitary so as not to pose a threat to the public health, safety,
welfare or the overall integrity of the building or structure, and
in compliance with the following standards:
A.
Protective treatment. All exterior surfaces, including
but not limited to doors, door and window frames, cornices, porches
and trim, shall be maintained in good condition. Exterior wood surfaces,
other than decay-resistant wood, shall be protected from the elements
and decay by painting or other protective covering or treatment. Peeling,
flaking and chipped paint shall be eliminated and surfaces repainted.
All siding and masonry joints as well as those between the building
envelope and the perimeter of windows, doors, and skylights shall
be maintained weather-resistant and watertight.
B.
Structural members. All structural members shall be
maintained free from deterioration, and shall be capable of safely
supporting the imposed dead and live loads as if the building were
being fully used.
C.
Foundation walls. All foundation walls shall be maintained
plumb and free from open cracks and breaks and shall be kept in such
condition so as to prevent the entry of rodents.
D.
Exterior walls. All exterior walls shall be free from
holes, breaks, loose or rotting materials; and maintained weatherproof
and properly surface coated where required to prevent deterioration.
E.
Roofs and drainage. The roofs and flashing shall be
sound, tight and not have defects that admit rain. Roof drainage shall
be adequate to prevent dampness or deterioration in the walls or interior
portion of the structure. Roof drains, gutters and downspouts shall
be maintained in good repair and free from obstructions. Rainwater
shall not be discharged in a manner that creates a public nuisance.
F.
Decorative features. All cornices, belt courses, corbels,
terra cotta trim, wall facings and similar decorative features shall
be maintained in good repair with proper anchorage and in a safe condition.
G.
Overhang extensions. All canopies, marquees, signs,
metal awnings, fire escapes, standpipes, exhaust ducts and similar
overhang extensions shall be maintained in good repair and be properly
anchored so as to be kept in a sound condition. When required, at
the sole discretion of the Building Official, all exposed surfaces
of metal or wood shall be protected from the elements and against
decay or rust by periodic application of weather-coating materials,
such as paint or similar surface treatment.
H.
Stair and walking surfaces. Every stair, ramp, balcony,
porch, deck or other walking surface shall comply with the provisions
of Subsection I herein.
I.
Stairways, decks, porches and balconies. Every exterior
stairway, deck, porch and balcony and all appurtenances attached thereto
shall be maintained structurally sound, in good repair, with proper
anchorage and capable of supporting the imposed loads as if the building,
structure and/or stairway were being fully used.
J.
Chimneys and towers. All chimneys, cooling towers,
smoke stacks, and similar appurtenances shall be maintained structurally
safe and sound, and in good repair. All exposed surfaces of metal
or wood shall be protected from the elements and against decay or
rust by periodic application of weather-coating materials, such as
paint or similar surface treatment.
K.
Handrails and guards. Every handrail and guard shall
be firmly fastened and capable of supporting normally imposed loads
and shall be maintained in good condition.
L.
Window, skylight and door frames. Every window, skylight,
door and frame shall be kept in sound condition, good repair and weather-tight.
All glazing materials shall be maintained free from cracks and holes.
Every window, except for those secured against entry, or fixed windows,
shall be easily openable and capable of being held in position by
window hardware. No window or door opening shall be covered with any
material which would render it inoperable or nonfunctional.
M.
Doors. All exterior doors, door assemblies and hardware
shall be maintained in good condition. Locks at all entrances to dwelling
units, rooming units and guest rooms shall tightly secure the door.
N.
Basement hatchways. Every basement hatchway shall
be maintained to prevent the entrance of rodents, rain and surface
drainage water.
O.
Guards for basement windows. Every basement window
that is openable shall be supplied with rodent shields, storm windows
or other approved protection, at the sole discretion of the Building
Official, against the entry of rodents.
The interior of a vacant or abandoned structure
and any equipment therein shall be maintained in good repair, structurally
sound and in a sanitary condition, and in compliance with the following
standards:
A.
Structural members. All structural members shall be
maintained structurally sound and be capable of supporting the imposed
loads as if the building were being fully used.
B.
Interior surfaces. All interior surfaces, including
windows and doors, shall be maintained in a good, clean and sanitary
condition. Peeling paint, cracked or loose plaster, decayed wood,
and other defective surface conditions shall be corrected.
C.
Stairs and railings. All interior stairs and railings
shall be maintained in sound condition and good repair.
D.
Stairs and walking surfaces. Every stair, ramp, balcony,
porch, deck or other walking surface shall comply with the provisions
of this article.
E.
Handrails and guards. Every handrail and guard shall
be firmly fastened and capable of supporting normally imposed loads
and shall be maintained in good condition.
F.
Interior doors. Every interior door shall fit reasonably
well within its frame and shall be capable of being opened and closed
by being properly and securely attached to jambs, headers or tracks
as intended by the manufacturer of the attached hardware.
G.
Extermination. All structures shall be kept free from
insect and rodent infestation. All structures in which insects or
rodents are found shall be promptly exterminated by approved processes
that will not be injurious to human health. After extermination, proper
precautions shall be taken to prevent reinfestation. The owner and/or
occupant of any structure shall be responsible for extermination within
the structure.
The exterior of a vacant or abandoned property
or premises, and the interior of every vacant structure, shall be
free from any accumulation of rubbish or garbage, and maintained in
compliance with the following standards:
A.
Disposal of rubbish. Every owner and/or party in control
of a structure shall dispose of all rubbish in a clean and sanitary
manner by placing such rubbish in approved containers. The owner of
every premises shall supply approved covered containers or rubbish,
and the owner of the premises shall be responsible for the removal
of rubbish.
B.
Disposal of garbage. Every owner and/or party in control
of a structure shall dispose of garbage in a clean and sanitary manner
by placing such garbage in an approved garbage disposal facility or
approved garbage containers. The owner of every structure or building
shall supply one of the following: an approved mechanical food waste
grinder in each dwelling unit; an approved incinerator unit in the
structure available to the occupants in each dwelling unit; or an
approved leakproof, covered, outside garbage container.
A.
Habitable spaces. Every habitable space shall have
at least one window of approved size facing directly to the outdoors
or to a court. The minimum total glazed area for every habitable space
shall be 8% of the floor area of such room. Wherever walls or other
portions of a structure face a window of any room and such obstructions
are located less than three feet (914 mm) from the window and extend
to a level above that of the ceiling of the room, such window shall
not be deemed to face directly to the outdoors nor to a court and
shall not be included as contributing to the required minimum total
window area for the room. Under no circumstances shall there be any
diminution of closure of windows or other fenestration.
B.
All spaces. All spaces shall be provided with natural
and/or artificial light sufficient to permit the maintenance of sanitary
conditions and the safe occupancy of the space and utilization of
the appliances, equipment and fixtures.
Every sink, toilet, bathtub or shower, drinking
fountain, water closet or other plumbing fixture shall be properly
connected to either a public water system or to an approved private
water system. All kitchen sinks, toilets, laundry facilities, bathtubs
and showers shall be supplied with hot or tempered and cold running
water in accordance with the Morrisville Borough Plumbing Code, as
amended, or any other federal, state, or borough regulation in effect.
All such facilities shall be maintained at a minimum temperature and
with certified freeze protectors to ensure against the freezing of
such facilities, and shall be subject to an annual inspection prior
to the winter season by a plumber licensed to perform work within
the Borough.
All plumbing fixtures shall be properly connected
to either a public sewer system or to an approved private sewage disposal
system. Every plumbing stack, vent, waste and sewer line shall function
properly and be kept free from obstructions, leaks and defects. All
such facilities shall be maintained at a minimum temperature and with
certified freeze protectors to ensure against the freezing of such
facilities, and shall be subject to an annual inspection prior to
the winter season by a plumber licensed to perform work within the
Borough.
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.
Heating facilities shall be provided in buildings
and structures as required by this section.
A.
Residential occupancies. All residential buildings
and structures shall be properly winterized, with heating facilities
capable of maintaining a minimum temperature of 45° F. in all
habitable rooms, bathrooms and toilet rooms indicated in the Plumbing
Code, wherever and whenever tested. The required room temperatures
shall be measured three feet (914 mm) above the floor near the center
of the room and two feet (610 mm) inward from the center of each exterior
wall.
B.
Nonresidential occupancies. All nonresidential buildings
and structures having water and/or heating systems shall be properly
winterized, with heating facilities capable of maintaining a minimum
temperature of 45° F. to ensure against any damage to the interior,
finish or systems of the building or structure. The required room
temperatures shall be measured three feet (914 mm) above the floor
near the center of the room and two feet (610 mm) inward from the
center of each exterior wall.
All mechanical equipment, fireplaces and solid
fuel-burning appliances shall be properly installed and maintained
in a safe working condition, and shall be capable of performing the
intended function.
A.
Cooking and heating equipment. All cooking and heating equipment, components and accessories in every heating, cooking and water-heating device shall be maintained free from leaks and obstructions. Cooking appliances shall not be used to provide space heating to meet the minimum requirements of § 129-82.
B.
Removal of combustion products. All fuel-burning equipment
and appliances shall be connected to an approved chimney or vent.
This requirement shall not apply to fuel-burning equipment and appliances
which are labeled for nonvented operation.
C.
Clearances. All required clearances to combustible
materials shall be maintained.
D.
Safety controls. All required controls for fuel-burning
equipment shall be maintained in a good and working condition.
E.
Combustion air. A supply of air for complete combustion
of the fuel and for ventilation of the space containing the fuel-burning
equipment shall be provided for the fuel-burning equipment.
Every building shall be provided with an electrical system in compliance with the requirements of this article. The size and usage of appliances and equipment needed to meet the requirements for light and heat as required by §§ 129-78 and 129-82, respectively, of this article shall serve as a basis for determining the need for electrical facilities.
All electrical equipment, wiring and appliances
shall be properly installed and maintained in a safe and approved
manner.
Elevators, dumbwaiters and escalators shall
be maintained to sustain safely all imposed loads, as if the building
were being fully used, to operate properly and to be free from physical
and fire hazards. The most current certificate of inspection shall
be on display at all times within the elevator or attached to the
escalator or dumbwaiter, or the certificate shall be available for
public inspection in the office of the building operator. In buildings
equipped with passenger elevators, each elevator shall be maintained
in operation at all times as if the building were occupied. This requirement
shall not apply to buildings equipped with only one elevator which
shall be permitted to have the elevator temporarily out of service
no more than 10 days for testing or servicing.
Duct systems shall be maintained free of all
obstructions and shall be capable of providing the required function.
A.
Accumulations. Rubbish, garbage or other materials
shall not be stored or allowed to accumulate in stairways, passageways,
doors, windows, fire escapes or other means of egress.
B.
Hazardous material. Combustible, flammable, explosive
or other hazardous materials, such as paints, volatile oils and cleaning
fluids, or combustible rubbish, such as wastepaper, boxes and rags,
shall not be accumulated or stored within the structure or building.
The fire-resistance ratings of floors, walls,
ceilings, and other elements and components required by the Uniform
Construction Code, as amended, shall be maintained. All required fire
doors and smoke barriers shall be maintained in good working order,
including all hardware necessary for the proper operation thereof.
Fire doors shall not be held open by doorstops, wedges and/or other
unapproved hold-open devices.
All systems, devices and equipment to detect
a fire, activate an alarm, suppress or control a fire, or any combination
thereof, shall be maintained in an operable condition at all times
in accordance with this article and the Morrisville Borough Fire Prevention
Code, as amended.
A.
Fire suppression system. Fire suppression systems
shall be maintained in proper operating condition at all times.
B.
Standpipe systems. Standpipe systems shall be maintained
in proper operating condition at all times. Hose connections shall
be unobstructed.
C.
Fire extinguishers. All portable fire extinguishers
shall be visible, provided with ready access thereto, and maintained
in an efficient and safe operating condition. Extinguishers shall
be of an approved type.
D.
Smoke detectors. Smoke detectors shall be installed
in accordance with the most current Borough building code, as well
as the manufacturer's instructions.
E.
Fire alarm systems. Any existing fire alarm systems
shall be maintained in proper operating condition at all times.
A.
The owner shall keep all doors, windows and openings from the roof and other areas in good repair. All such doors, windows, or other openings or entrances, whether accessible to trespassers or not, shall be kept securely locked, fastened or otherwise secured against entry by means approved in Subsection B below.
B.
The owner shall take all measures prescribed by the
Borough to prevent the unauthorized entry to the premises by closing
all openings in an approved manner. Approved manners include, but
are not limited to, interior security measures, interior bars, etc.
If deemed necessary by the Building Official, wood or other solid
materials may be used to board-up openings, subject to the aesthetic
control of the Building Official.
It shall be unlawful for any person, owner or
operator of any building, structure or lot to allow same to become
vacant without obtaining a license as required under this article;
to fail to comply with the maintenance provisions of this article;
to fail to comply with the provisions of any license issued hereunder;
or to otherwise fail to comply with the provisions of this article.
The Building Official, or his duly authorized
designee, shall have the power to initiate any proceeding at law or
in equity necessary for the enforcement of this article.
The Building Official, or his duly authorized
designee, shall serve a notice of violation, on a form prescribed
by the Borough, on the person, owner, operator or other party responsible
for the violation of this article or any license issued hereunder
and the owner, if different, which results from any violation of this
article. Such notice shall direct the discontinuance of the illegal
action or condition, the abatement of the violation, and the time
for compliance and/or appeal.
Any person, owner, operator, etc., who violates
any provision of this article or any license issued hereunder, or
who fails to comply with any of the requirements of this article shall
be subject to punishments as follows:
A.
An offense is punishable by a fine of not more than
$1,000. Each day that a violation continues after due notice has been
served shall be deemed a separate offense.
B.
The deprivation of the right to recover possession
of the premises, building, structure and/or lot or to collect rent
during or for the period of noncompliance.
C.
The immediate revocation of any license issued hereunder
for failure to comply with the requirements of this article or the
license, or for failure to pay any fine and/or cost imposed under
this article.
A.
Any aggrieved person, owner, operator, etc., shall
have the right to demand, in writing, a hearing before the Borough
Manager to contest any decision, denial or order issued by the Building
Official under this article. Such demand for hearing shall be signed
by the contesting party and submitted within 10 days of receipt of
the decision of the Building Official, and shall state what portion(s)
of the decision, denial or order are contested, as well as his, her
or their interest in the premises.
B.
The Borough Manager shall set a date, time and place
to hear the appeal, which shall be held not more than 30 days after
the demand for hearing is received. Written notice of said hearing
shall be provided to the appellant, the owner of the premises and
any other interested parties.
C.
The Borough Manager may affirm, reverse, modify or
set aside, in whole or in part, any contested decision, denial or
order of the Building Official. All decisions of the Borough Manager
shall be final and shall be submitted, in writing, within 20 days
of the conclusion of the hearing. The decision shall include the basis
of all determinations made by the Building Official. A copy of the
written decision shall be provided to the appellant, the Building
Official, the Borough Solicitor, and to the Mayor and Council
