(A) Adoption of 2018 IPMC. The International Property Maintenance Code (International Code Council, 2018 Edition), is hereby adopted as the Property Maintenance Code of the borough, for regulating and governing the conditions and maintenance of all property, buildings and structures; for 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; for the condemnation of buildings and structures unfit for human occupancy and use, and for the demolition of such existing structures as herein provided; for providing for the issuance of permits and collection of fees therefor; and for each and all of the regulations, provisions, penalties, conditions and terms of said Property Maintenance Code on file in the borough office, and hereby referred to, adopted and made a part hereof, as if fully set out in this section. Three copies of the aforementioned Property Maintenance Code, together with this section, shall be kept on file with the Borough Secretary in the borough office.
(B) Modification of IPMC. The IPMC shall be modified as follows.
(1) Section 101.1 (Title) - Insert “Borough of Topton”.
(2) Section 103.5 (Fees) - Insert - “Fees assessable by the Borough for the administration and enforcement undertaken pursuant to this Property Maintenance Code shall be established by Resolution of Borough Council, and may be revised by Resolution of Borough Council from time to time.”
(3) Section 106 - Section 106, entitled “Violations,” shall be amended and restated in its entirety as follows:
Section 106.1. Unlawful acts. It shall be unlawful for any person, firm, or corporation to be in conflict with or in violation of any of the provisions of this Property Maintenance Code.
Section 106.2. Notice of Violation and Violation Tickets. Any violation of the provisions of this Ordinance shall be cause for the issuance by the Code Official of a Violation Ticket or a Notice of Violation. A Violation Ticket shall be issued for those acts and/or omissions deemed to be “Quality of Life” violations as defined herein, and a Notice of Violation shall be issued for all other violations of the Property Maintenance Code.
Section 106.3. Service of Notices of Violation, Orders, and Violation Tickets. The Code Official shall serve Notices of Violation, Orders, and Violation Tickets in the manner set forth in Section 107.3 of the Property Maintenance Code.
Section 106.4. Prosecution of Violation. Any person failing to comply with or timely appeal a Notice of Violation or Order served in accordance with Section 107.3 of this Property Maintenance Code, or to pay the full amount or timely appeal a Violation Ticket served in accordance with Section 107.3 of this Property Maintenance Code, shall be deemed guilty of a summary offense or civil infraction as determined by the Borough, and the violation shall be deemed a summary offense. If the Notice of Violation, Violation Ticket, or Order issued under this Property Maintenance Code is not complied with, the Code Official shall institute an appropriate proceeding 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 Property Maintenance Code or of the Order or direction made pursuant thereto. Any action taken by the Borough or third party acting on behalf of the Borough shall be charged against the real estate upon which the structure is located and shall be a lien upon said real estate, subject to the filing of a municipal claim and lien and the procedures of the Municipal Claims and Tax Liens Law.
Section 106.5. Violation Penalties. Any person who shall violate a provision of this Property Maintenance Code, or fail to comply therewith, or with any of the requirements thereof, shall be prosecuted within the limits set forth in the laws of the Commonwealth of Pennsylvania for the prosecution of Summary Offenses under the Pennsylvania Rules of Criminal Procedure, and as set forth herein and as may be amended from time to time. Each day that a violation continues after due notice has been served shall be deemed a separate offense.
Section 106.6. Abatement of Violation. The penalties herein shall be cumulative with any and all other penalties and remedies available under applicable law. The imposition of penalties herein prescribed shall not preclude the Borough from instituting appropriate legal action to restrain, correct or abate a violation, to prevent illegal occupancy of a building, structure, or premises, or to stop an illegal act, conduct, business, or utilization of the building, structure, or premises.
(4) Section 107 - Section 107, entitled “Notices and Orders,” shall be amended and restated in its entirety as follows:
Section 107.1. Notice to Person Responsible. Whenever the Code Official determines that there has been a violation of this Property Maintenance Code or has grounds to believe that a violation has occurred, notice shall be given for a Notice of Violation and/or Order in the manner described in Sections 107.2 and 107.3 to the person responsible for the violation as specified in this Property Maintenance Code. In the event that the Code Official determines that there has been a violation of this Property Maintenance Code in the form of a “Quality of Life” violation, notice shall be given for a Violation Ticket in the manner prescribed in Section 107.4 herein. Notices for condemnation procedures shall also comply with Section 108.3.
Section 107.2. Form. Such Notice or Violation Ticket prescribed in Section 107.1 shall be in a form approved by Borough Council, and shall be in accordance with all of the following:
1. Be in writing.
2. Include a description of the real estate sufficient for identification.
3. Include a statement of the violation or violations and why the Notice or Violation Ticket is being issued.
4. Include a correction order setting forth the time in which to remediate the condition(s) or make the repair(s) or improvement(s) required to bring the property, dwelling unit, or structure into compliance with provisions of this Property Maintenance Code.
5. Inform the property owner of the right to appeal.
6. Include a statement of the right to file a lien in accordance with Section 106.4.
Section 107.3. Method of Service - Notice of Violation. A Notice of Violation shall be deemed to be properly served if a copy thereof is:
1. Delivered personally;
2. Sent certified or first-class mail addressed to the last known address; or
3. If the notice is returned showing that the letter was not delivered, a copy thereof shall be posted in a conspicuous place in or about the structure affected by such notice.
Section 107.4. Method of Service - Violation Ticket. A Violation Ticket shall be deemed to be properly served if a copy thereof is:
1. Handed to the violator.
2. At the residence of the person to be served, handed to an adult member of the household or other person in charge of the residence.
3. Left or affixed to a public and visible portion of the property where the violation exists.
4. At any office or usual place of business of the violator handed, to his/her agent or to the person for the time being in charge thereof.
5. Mailed to the violator’s address of record by first class U.S. Mail, postage prepaid or certified mail.
Section 107.5. Unauthorized Tampering. Signs, tags, or seals posted or affixed by the Code Official shall not be mutilated, destroyed, or tampered with, or removed without authorization of the Code Official.
Section 107.6. Penalties. Penalties for noncompliance with Violation Tickets, Orders, and Notices shall be as set forth in Sections 106.4, 106.5, and 106.6 of this Ordinance.
Section 107.7. Transfer of Ownership. It shall be unlawful for the owner of any dwelling unit or structure who has received a compliance order or upon whom a notice of violation has been served to sell, transfer, mortgage, lease, or otherwise dispose of such dwelling unit or structure to another until the provisions of the compliance Order, Violation Ticket or Notice of Violation have been complied with, or until such owner shall first furnish the grantee, transferee, mortgagee, or lessee a true copy of any Violation Ticket, compliance Order, or Notice of Violation issued by the Code Official and shall furnish to the Code Official a signed and notarized statement from the grantee, transferee, mortgagee, or lessee, acknowledging the receipt of such Violation Ticket, Notice of Violation, or compliance Order, and fully accepting the responsibility without condition for making the corrections or repairs required by such Violation Ticket, compliance Order, or Notice of Violation.
(5) Section 112.4 (Stop Work Order - Failure to Comply)- Insert “a fine or penalty of not more than One Thousand Dollars ($1,000.00), together with fees and costs incurred by the Borough in prosecution.”
(6) Chapter 1 of the PROPERTY MAINTENANCE CODE, titled “Scope and Administration,” shall be amended to add as Section 113 the following:
SECTION 113
ENFORCEMENT OF QUALITY OF LIFE VIOLATIONS
Section 113.1 Quality of Life Violations. Violations of the following Sections of the IPMC, and this PROPERTY MAINTENANCE CODE ORDINANCE, shall be deemed to be QUALITY OF LIFE VIOLATIONS as defined herein, to be enforced in the manner set forth in this Section 113:
1. Section 302.3.1 - Failure to Remove Ice and Snow from Sidewalks.
2. Section 302.4 -Weeds or Grass and Plant Growth in Excess of Ten Inches (10").
3. Section 302.8 - Storing, Parking or Placing of More Than One Unregistered and/or Unlicensed Motor Vehicle on any PREMISES.
4. Section 302.9 - Defacement of Property.
5. Section 302.10 - Outdoor Placement of Appliances and INDOOR FURNITURE.
6. Section 308.1 - Permitting Accumulation of Rubbish or Garbage.
7. Section 308.3 - Improper Disposal of RUBBISH or GARBAGE and dumping of RUBBISH or GARBAGE on any PRIVATE PROPERTY or PREMISES.
8. Section 308.4 - Illegal Dumping, Hauling, Littering or Scattering of RUBBISH or GARBAGE.
Section 113.2. Enforcement.
1. The provisions of this Section shall be enforced by the CODE OFFICIAL authorized to enforce this Ordinance by BOROUGH COUNCIL.
2. Any violation of the provisions of this Section may be cause for a citation, a VIOLATION TICKET, and/or a notice of violation to be issued to the violator.
Section 113.3 Authority for Issuance of Quality of Life Violation Ticket. Upon finding a QUALITY OF LIFE VIOLATION, the CODE OFFICIAL may issue one or more QUALITY OF LIFE VIOLATION TICKETS to the owner and/or occupant of property at issue or to the individual(s) known to have violated this Section.
Section 113.4. Separate Offense. Each day a QUALITY OF LIFE VIOLATION continues or is permitted to continue may constitute a separate offense for which a separate fine may be imposed.
Section 113.5. Abatement of Violation.
1. Any person or business violating this Section 113 is hereby directed to satisfy the Borough of Topton and its citizens, upon issuance of a QUALITY OF LIFE VIOLATION TICKET, by correcting the violation in question. The CODE OFFICIAL is authorized and empowered to cause a violation to be corrected. The cost shall be determined by the CODE OFFICIAL in order that the Borough shall be compensated for both direct and indirect costs and expenses incurred.
2. The BOROUGH and/or its contractor, per the direction of the BOROUGH COUNCIL, reserves the right to abate the violation in question at the expense of the owner. If the BOROUGH has affected the abatement of the violation, the cost thereof may be charged to the owner of the property, tenant, or offending party. A bill/invoice will be generated to the violator for payment separate from the QUALITY OF LIFE VIOLATION TICKET, which will also be paid separately.
3. In all instances where the BOROUGH abates the violation, in addition to the fine set forth in the QUALITY OF LIFE VIOLATION TICKET, the BOROUGH is authorized to recover from the offending party, the owner of the property, or tenant the abatement charges and such other charges established by the CODE OFFICIAL and the rules and regulations.
4. The BOROUGH reserves the right to perform any necessary work to abate any violation once seventy-two (72) hours passes from the date of issuance of the QUALITY OF LIFE VIOLATION TICKET, and once twenty four (24) hours passes from the date of issuance of a QUALITY OF LIFE VIOLATION TICKET for failure to remove ice and/or snow from a sidewalk. Should the violation at the discretion of the CODE OFFICIAL present imminent danger and/or pose a health hazard and/or risk, the BOROUGH reserves the right to perform the abatement immediately. The BOROUGH will perform this work at a rate of Sixty Dollars and 00/100 ($60.00) per hour, per laborer, and forward the cost of any material necessary for the abatement, or as set forth in the Fee Schedule adopted annually by Resolution of BOROUGH COUNCIL. The BOROUGH reserves the right to charge an additional twenty (20%) percent on all material purchases to cover all miscellaneous expenses, such as wear and tear on equipment.
5. Contractor Cleanup. The BOROUGH reserves the right to direct a contractor to perform the abatement of the violation in question once seventy-two (72) hours passes from the date of issuance of the quality of life ticket. Should the violation present imminent danger and/or pose a health hazard and/or risk, the BOROUGH reserves the right to direct the contractor to perform the abatement immediately. The contractor will submit a bill for their work to the BOROUGH and the BOROUGH will forward these costs to the violator. The BOROUGH reserves the right to add a thirty (30%) percent processing fee in addition to the cost of the contractor.
Section 113.6. Fines and Penalties.
1. Warning Notice. If the CODE OFFICIAL believes that a property has one or more QUALITY OF LIFE VIOLATIONS, and the property has had no such violations or warning notices given within a twelve (12) month period, the CODE OFFICIAL shall issue a written warning notice, which may be served by: handing to the owner, occupant, or other adult individual appearing to be in charge of the property in person, posting on the front door of the property, or mailing to the owner of record of the property by certified and first class mail. The warning notice shall state the Ordinance Section(s) in which is violation is suspected, and afford the owner of the property three (3) calendar days from the date of receipt of the warning notice to remove or abate the condition, with the exception of ice and snow removal, which must take place within twenty four (24) hours of receipt of the notice. The notice shall state that any and all future violations will be subject to citation under the Borough Property Maintenance Code and Quality of Life Ordinance.
2. First Offense. For the first QUALITY OF LIFE VIOLATION TICKET within a 12-month period, violation tickets shall be issued in the amount of Twenty Five Dollars and 00/100 ($25.00).
3. Second Offense. For the second QUALITY OF LIFE VIOLATION TICKET within a 12-month period, violation tickets shall be issued in the amount of Fifty Dollars and 00/100 ($50.00).
4. Third Offense. For the third QUALITY OF LIFE VIOLATION TICKET within a 12-month period, violation tickets shall be issued in the amount of One Hundred Dollars and 00/100 ($100.00).
5. Cumulative Fines for Subsequent Offenses. For subsequent offenses beyond the third offense within a 12-month period, amounts of violation tickets shall increase by $150.00, cumulative for each subsequent offense. For example, a resident receives a ticket for failing to remove ice from his sidewalk in January and pays $25.00. He receives a second ticket for the same offense in February, and pays $50.00. In May, he is cited for failing to clean up after his dog, and pays a fine of $100.00. In August, he has failed to mow the lawn and cut weeds on his property for several weeks, and receives a ticket for $250.00. If he is cited in September for having a disassembled vehicle on his property, his fine increases to $400.00, and when cited again in December for not shoveling his sidewalk after a snowfall, his fine increases to $550.00.
6. Remediation Required. Any persons who receive QUALITY OF LIFE VIOLATION TICKET for any violation of this Part may, within ten (10) days, admit the violation, waive a hearing, and pay the fine. The violation, however, must fully be remediated, or the person(s) will be cited for a subsequent offense.
7. Determination of “Twelve (12) Month Period”. The twelve (12) month period for purposes of determining the level of penalty and amount of fine is counted from the date of the last conviction for or payment of a fine for Quality of Life Violation.
8. Costs of Remediation and Abatement. Any persons who violate this Section shall pay a fine as set forth herein for each offense, plus all direct and indirect costs incurred by the Borough for the clean-up and abatement of the violation.
Section 113.7. Violation Ticket Penalties.
1. Penalties for Late Response.
a. If the Person in receipt of a Twenty Five Dollar and 00/100 ($25.00) violation ticket does not pay the fine or request a hearing within ten (10) days of issuance, the person will be subject to a penalty of Ten Dollars and 00/100 ($10.00) for days eleven (11) through thirty (30) per ticket.
b. If the Person in receipt of a Fifty Dollar and 00/100 ($50.00) violation ticket does not pay the fine or request a hearing within ten (10) days, the person will be subject to a Twenty Five Dollar and 00/100 ($25.00) penalty for days eleven (11) through thirty (30) per ticket.
c. If the person in receipt of a One Hundred Dollar ($100.00), or higher violation ticket does not pay the fine or request a hearing within ten (10) days, the person will be subject to a Fifty Dollar ($50.00) penalty for days eleven (11) through thirty (30) per ticket.
2. Citation for Failure to Respond. Failure of the person to make payment or request a hearing within thirty (30) days of a violation ticket shall make the person subject to a citation for failure to pay.
3. Continuous Violations. If violations are continuous, the CODE OFFICIAL has the right to issue citations without first issuing tickets, provided notice has been given. Upon issuance of four (4) tickets for the same violation, right is reserved for the CODE OFFICIAL to issue a citation for the fifth and subsequent offenses.
4. Citation Fines. Any person, firm or corporation who shall fail, neglect or refuse to comply with any of the terms or provisions of this Ordinance, or of any regulation or requirement pursuant hereto and authorized hereby shall, upon conviction, be ordered to pay a fine not less than One Hundred ($100) Dollars, not more than One Thousand ($1,000) Dollars on each offense or imprisoned no more than ninety (90) days, or both.
Section 113.8. Appeal to Quality of Life Appeals Officer. A person in receipt of a Quality of Life Violation Ticket may either:
a) Pay the fine indicated to the address stated on the “Quality of Life Violation Ticket” within ten (10) calendar days of receipt; or
b) Appeal to the Quality of Life Appeals Officer by filing a request in writing within ten (10) calendar days of the date of the violation ticket. All paperwork, including the appropriate appeal form for the appeal, must be submitted and complete within ten (10) calendar days from the date the Quality of Life Violation Ticket was issued. Payment of the fine must be in full, which will be refunded within thirty (30) calendar days should the alleged violator be successful in his/her appeal. The appeal hearing will be held before the Quality of Life Appeals Officer and he/she may uphold the appeal, deny the appeal, or may modify the violation ticket, and/or any associated costs, fines or penalty amounts as he/she sees appropriate. In the event that the appeal is denied, or the individual in receipt of the ticket disagrees with the modification, the individual may appeal the ticket to the Magisterial District Court having jurisdiction in the Borough, pursuant to the Pennsylvania Rules of Criminal Procedure for Summary Offenses within thirty (30) days of the date of the decision of the Quality of Life Appeals Officer, in the manner stated on the Quality of Life Violation Ticket.
Section 113.9. Collections. At the discretion of the BOROUGH COUNCIL, all tickets for which payment is not received within forty-five (45) days of issuance of a ticket for which an appeal is not taken, and forty-five (45) days from denial of appeal and monies paid by the BOROUGH for abatement of a violation not paid within forty-five (45) days of billing, may be turned over by the BOROUGH to a collection agency for receipt. All costs of collection shall be charged to the violator, in addition to fines and penalties levied herein.
Section 113.10 . Liens. At the discretion of the BOROUGH, liens may be placed upon a property against which QUALITY OF LIFE VIOLATION TICKET(S) were issued for which payment is not received within forty-five (45) days of issuance of a QUALITY OF LIFE VIOLATION TICKET for which an appeal is not taken, and forty-five (45) days from denial of appeal and monies paid by the BOROUGH for abatement of a violation and not paid within forty-five (45) days of billing. All costs incurred in the filing of the lien(s), including attorneys’ fees and court costs, shall be charged to the violator, in addition to fines and penalties levied herein.
(7) Add to Chapter 3, (“General Requirements”), Section 302.3 (“Sidewalks and Driveways”) as Section 302.3.1 the following:
302.3.1. Removal of Snow and Ice from Sidewalks. The owner, occupant or tenant of every property fronting upon or alongside of any of the streets or other public ways in the borough is hereby required to remove or cause to be removed from all of the sidewalks in front of or alongside of such property all snow, ice, hail or sleet thereon fallen or formed, to a minimum width of 48 inches, within 24 hours after the same shall have ceased to fall or to form. In the absence of a sidewalk, the owner, occupant or tenant of the property fronting along any street or public way shall clear a path on a grass plot or surface adjacent to the street or public way. No such snow, ice, hail or sleet removed as herein provided shall be deposited in or on any street, road, alley, sidewalk, or public way used for public travel. The owner of a property shall be responsible for conforming to the requirements of this section where such property is occupied by such owner or is unoccupied; the tenant or occupier thereof, where such property is occupied by such tenant or occupier only; and the owner thereof where the property is a multiple-business or multiple-dwelling property, occupied by more than one tenant or occupier.
(8) Section 302.4 (Weeds) - insert “ten inches (10")”
(9) Section 302.8, titled “Motor Vehicles,” shall be amended and restated in its entirety as follows:
Motor Vehicles. Except as provided for in other laws, ordinances, or regulations, not more than one (1) currently unregistered, uninspected, and/or unlicensed and/or inoperable MOTOR VEHICLE shall be parked, kept, or stored on the exterior of any PREMISES, and no MOTOR VEHICLE shall at any time be kept or stored on the exterior of any PREMISES in a state of visible disassembly, disrepair, or in the process of being stripped or dismantled when not being actively worked upon. Any such vehicle shall be covered when not being actively worked upon with a vehicle cover. Painting of vehicles is prohibited unless conducted inside an approved spray booth. The sole exception to this prohibition is for commercial or industrial properties licensed for operations involving salvaged vehicles, or vehicle storage, repair, or restoration.
(10) Add as Section 302.10 the following:
Outdoor Placement of Appliances and INDOOR FURNITURE. It is prohibited to store or place indoor-use appliances (including but not limited to: ranges, refrigerators, air conditioners, ovens, washing machines, clothes dryers, microwave ovens, or dishwashers) or INDOOR FURNITURE on the exterior of any property for the purpose of sale or any other reason, except for the temporary purpose of performing maintenance. Refrigerators, washing machines, clothes dryers, dishwashers, ovens, and ranges, and other similar appliances, may be placed on the exterior of a property for no more than twelve (12) hours to await disposal in accordance with applicable law, but must have doors removed and any refrigerant removed and disposed of in accordance with applicable law. If additional time is needed to await proper disposal, property owner shall inform the CODE OFFICIAL in writing of the reason for the need for additional time, and the CODE OFFICIAL shall have authorization to grant or deny such requests.
(11) Add to Section 308 (“Rubbish and Garbage”), Section 308.3 (“Disposal of Garbage”) as Section 308.3.3 the following:
Section 308.3.3. Failure to Provide Appropriate Storage Containers for Waste, Trash, Junk, and Recyclables, and Improper Storage of Containers for Waste, Trash, Junk, and Recyclables. The owner of every premises shall be responsible for the removal of RUBBISH, WASTE, GARBAGE, JUNK and RECYCLABLES from the property, and no property owner shall permit the accumulation of said materials on the exterior of the property outside of covered storage containers, which must be removed from the exterior property when filled to capacity and the materials lawfully disposed of. All containers that store RUBBISH, WASTE, GARBAGE, JUNK, and RECYCLABLES. shall be of durable construction, water tight, and be kept clean and sanitary, and have tight-fitting covers. Such containers may only be placed in front of any property the night before the day of a scheduled pickup day, and removed within twenty four (24) hours from the public right-of-way.
(12) Add as Section 308.4 the following:
Section 308.4. Littering, Illegal Dumping and Illegal Hauling. It shall be the responsibility of every owner and/or occupant to dispose of RUBBISH, WASTE, GARBAGE, JUNK and/or RECYCLABLES in the manner set forth in applicable laws and ordinances, as follows:
1. All PERSONS or entities must lawfully dispose of and remove from their properties all WASTE, TRASH, GARBAGE, JUNK, AND/OR RECYCLABLES and shall not allow an accumulation of such materials on properties which they own or occupy.
2. Should any PERSON or entity use a hauler not licensed by the Commonwealth of Pennsylvania to dispose of RUBBISH, WASTE, GARBAGE, and RECYCLABLES or have RUBBISH, WASTE, GARBAGE, and RECYCLABLE removed in a manner which violates this or other applicable laws and/or Ordinances, said PERSON or entity shall be in violation of this Ordinance.
3. It shall be unlawful, and a violation of this Ordinance, for any PERSON or entity to remove or haul RUBBISH, WASTE, GARBAGE, JUNK, and/or RECYCLABLES without required Commonwealth licensure and all other licenses or certifications mandated by applicable law. This section shall not apply to an owner or occupant of property removing such materials from the property for lawful disposal or recycling.
4. No person shall dump, place, sweep, or dispose of any WASTE, GARBAGE, JUNK, RUBBISH, and/or RECYCLABLES upon any PUBLIC RIGHT-OF-WAY, public sidewalk, alley, street, bridge, public passageway, public parking area, or any other public property.
5. The disposal of RUBBISH, WASTE, GARBAGE, JUNK, and/or RECYCLABLES not in accordance with this Ordinance shall be deemed to be a violation of this Ordinance.
(13) In Chapter 6 (“Mechanical and Electrical Requirements”) Section 602.3 (“Heat Supply”) - Insert “October 1 to June 1.”
(14) In Section 602.4 (Occupiable Work Spaces”) - “October 1 to May 1.”
(Ord. 2-2014, passed 5-12-2014; Ord. 4-2014, passed 7-14-2014; Ord. 03-2021, passed 4-12-2021; Ord. 08-2021, passed 10-11-2021; Ord. 1-2023, passed 1-9-2023)