The following chapters/sections are hereby revised as follows:
(A) Section 101.1 Title. Shall read: These requirements shall be known as the International Property Maintenance Code of the Borough of Grove City, hereinafter referred to as "this code."
(B) Section 103.1 General. Shall read: The department of property maintenance inspection is hereby created to enforce the terms and conditions of this ordinance and all powers thereunder shall vest with the Borough of Grove City Zoning and Code Enforcement Officer or any deputies so appointed by the Borough Council. The Zoning and Code Enforcement Officer and duly appointed deputies will have all powers enacted and referenced within this code and will henceforth be referred to as the code official.
(C) Section 103.5 Fees. Shall read: The fees for activities and services performed by the department in carrying out its responsibilities under this code shall be set by resolution of Borough of Grove City Council.
(D) Section 1043.1 Refusal of entry. Is added as follows:
104.3.1 Refusal of entry. If any owner, occupant or other person in charge of a structure subject to the provision of this code refuses, impedes, inhibits, interferes with, restricts or obstructs entry and free access to any part of the structure or premises where inspection authorized by this code is sought, the code official may promptly apply for a search or inspection warrant to a court of competent jurisdiction and shall supply all necessary affidavits and testimony to indicate that there is a reasonable or probable cause to conduct an inspection. For the purposes of this section, a reasonable or probable cause to gain access for an inspection shall include, without being limited to, the following:
l. That the inspection of the area is part of a planned routine inspection being conducted pursuant to a systematic or concentrated code enforcement program in that portion of the Borough; or
2. That the Code official, after investigation or upon information received, has knowledge, information or a reasonable belief that a violation of this code or other codes and ordinances of the Borough exist; or
3. That such entry is for the purpose of inspecting a previous notice of violation; or
4. That the code official has received a verifiable complaint concerning a violation on or within the premises; or
5. That such entry is necessary to determine if the building, structure, premises, dwelling or dwelling units meet the standards of this code and building, fire, and health codes and for the safety and welfare of the public.
(E) Section 106.3 Prosecution of violation. Shall read: Any person failing to comply with a notice of violation or order served in accordance with Section 107 shall be deemed guilty of a civil infraction as determined by the local municipality, and the violation shall be deemed a strict liability offense. If the notice of violation is not complied with, the code official shall institute the appropriate proceeding under this ordinance and/or at law or in equity to restrain, correct or abate such violation, or to require the removal or termination of the unlawful occupancy of the structure in violation of the provisions of this code or of the order or direction made pursuant thereto, Any fine, fees, or costs incurred by the code official, Grove City Borough or their agents shall be charged against the real estate upon which the structure is located and shall be a lien upon such real estate.
(F) Section 106.4 Violation penalties. Shall read: Any person convicted of violating a provision of this code shall be sentenced to pay a fine of not less than $75 nor more than $500 for the first two uncorrected violations of the same subsection on the same property and not less than $150 nor more than $1,000 for the third uncorrected violation of the same subsection of the code on the same property, plus court costs and any expenses incurred by Grove City Borough for remediation thereof. Every section of this code that is violated shall constitute a separate offense punishable by a separate fine as set forth herein. 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 111 shall be deleted and the following shall be inserted:
Section 111
Means of Appeal
(A) Creation. The Borough Council is hereby appointed to serve as the Board of Appeals. The duty of said Board shall be to consider appeals from the decisions of the officials charged with the enforcement of this chapter.
(B) Appeals. Appeals from the ruling of any official charged with the enforcement of this chapter may be made to said Board within ten days of any decision made by the Code Official or his or her deputies. The appellant shall file with the code official or his or her authorized representative a notice of appeal specifying the grounds therefor. With each notice of appeal filed there shall be paid a fee, set by the Borough Council by resolution from time to time, to cover the cost of the borough's handling such appeal; provided that such fee may be returned or retained after the hearing in the discretion of the Board. The official from whom said appeal is taken shall forthwith transmit to the Board a summary report of all previous action taken. The Board may at its discretion call upon the official from whom the appeal is taken to explain his or her action. The final disposition of such appeal shall be in the form of a written decision with findings of fact and conclusions of law, either reversing, modifying or affirming, wholly or partly, the decision or the determination appealed from. Any decision rendered by the Board shall be by a majority vote of a quorum of the Board who have heard the appeal and which quorum shall consist of at least six members of the Grove City Borough Council.
(C) Hearings. The Board shall hold a hearing within forty-five days of the receipt of any appeal and render its decision within thirty days of the conclusion of such hearing unless such time frames are waived by the appellant and agreed to by the Code Official, with due notice thereof to interested parties. Within the limits of its jurisdiction, hereinabove prescribed, the said Board of Appeals may reverse or affirm, whole or in part or may make such order, requirement, decision or determination as in its opinion ought to be made in the premises, in accord with the provisions of this ordinance and to that end shall have all the powers of the official from whom said appeal is taken.
(D) Decisions. The decision of said Board shall be final except that said Board or members thereof may be required under proper mandamus proceedings to show cause why certain actions were taken or decisions rendered.
(E) Meeting and rules of procedure. Said Board of Appeals shall meet at such times as the Board may determine. There shall be a fixed place of meeting and all meetings shall be open to the public. The Board shall adopt its own rules of procedure and keep a record of its proceedings, showing the action of the Board.
(F) Notice. The Board of Appeals may prescribe such notice to any interested person and the neighbors surrounding the structure in connection with which the appeal is taken, as shall be deemed reasonable by said Board of Appeals.
(G) All hearings shall be conducted so that all testimony is taken under oath in front of a court stenographer whose fees shall be paid by the appellant unless the Board rules otherwise.
(H) Section 112.4 Failure to comply. Shall read: 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 less than 300 dollars or more than 500 dollars for each day of violation as assessed by the Code Official subject to the appeal rights set forth herein.
(I) Section 202. Insert the following definition after the definition for Bedroom:
Blighted structure. A structure is blighted when it exhibits objectively determinable signs of deterioration sufficient to constitute a threat to human health, safety, and public welfare
(J) Section 302.1 Sanitation. Shall read: Exterior property and premises shall be maintained in a clean, safe and sanitary condition. The occupant shall keep that part of the exterior property that such occupant occupies or controls in a clean and sanitary condition. No cow, calf, swine, sheep, goat, chickens, geese or ducks shall be kept in any dwelling, part thereof, or yard.
(K) Delete Section 302.4 Weeds.
(L) Delete Section 302.8 Motor vehicles.
(M) Section 302.10 Trees, bushes and shrubs. Shall be added as follows: All trees, bushes and shrubs shall be maintained to prevent the creation of a dangerous condition as determined by the code official.
(N) Delete Section 304.14 Insect Screens.
(O) Section 308.3 Disposal of garbage. Shall read: Every occupant 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. Garbage containers shall not be set out to the street for collection earlier than 6:00 p.m. the day before pickup. Containers must be removed from the street the same day as pickup,
(P) Section 602.2 Residential occupancies. Shall read: Dwellings shall be provided with heating facilities capable of maintaining a room temperature of 68ºF (20ºC) in all habitable rooms. Cooking appliances shall not be used, nor shall portable unvented fuel-burning space heaters be used, as a means to provide required heating.
(Q) Section 602.3 Heat Supply. Shall read: Every owner and operator of any building who rents, leases or lets one or more dwelling units or sleeping units on terms, either expressed or implied, to furnish heat to the occupants thereof shall supply heat during the period from October first to March thirty-first to maintain a minimum temperature of 68ºF (20ºC) in all habitable rooms, bathrooms and toilet rooms.
(R) Section 602.4 Occupiable work spaces. Shall read: Indoor occupiable work spaces shall be supplied with heat during the period from October first to March thirty-first to maintain a minimum temperature of 65ºF (18ºC) during the period the spaces are occupied.
a. Exceptions:
i. l. Processing, storage and operation areas that require cooling or special temperature conditions.
ii. Areas in which persons are primarily engaged in vigorous physical activities.
(Ord. 1469, passed 3-16-2020, § 2)