AN ORDINANCE OF THE BOROUGH OF DARLINGTON, BEAVER COUNTY, PENNSYLVANIA ADOPTING THE 2009 EDITION OF THE INTERNATIONAL PROPERTY MAINTENANCE CODE.
An ordinance of the Borough of Darlington adopting the 2009 edition of the International Property Maintenance Code, regulating and governing the conditions and maintenance of all property, buildings and structures; by 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; and the condemnation of buildings and structures unfit for human occupancy and use, and the demolition of such existing structures in the Borough of Darlington; providing for the issuance of permits and collection of fees therefore; repealing any and all other ordinances or parts of ordinances of the Borough of Darlington in conflict therewith.
The Borough of Darlington, by and through the supervisors of the same, does hereby enact and establish the following Ordinance:
Section 1. That a certain document, three (3) copies of which are on file in the office of the Secretary for the Borough of Darlington or the Borough’s designee, being marked and designated as the International Property Maintenance Code 2009 Edition, as published by the International Code Council, be and is hereby adopted as the Property Maintenance Code of the Borough of Darlington, Beaver County, Pennsylvania for regulating and governing the conditions and maintenance of all property, buildings and structures; by 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; and the condemnation of buildings and structures unfit for human occupancy, use and the demolition of such existing structures as herein provided; providing for the issuance of permits and collection of fees therefore; and each and all of the regulations, provisions, penalties, conditions and terms of said Property Maintenance Code filed in the office of the Borough of Darlington are hereby referred to, adopted, and made a part hereof, as if fully set out in this ordinance, with the additions, insertions, deletions and changes, if any, prescribed in the following sections.
Section 2. This Ordinance entitled An Ordinance of the Borough of Darlington, Beaver County, Pennsylvania Adopting the 2009 Edition of the International Property Maintenance Code hereby repeals any and all Ordinances or parts of Ordinances in conflict herewith; further this 2009 Edition International Property Maintenance Code may be referred to as “the Code”.
Section 3. The following sections of the Code are hereby revised, amended or supplemented.
- That as to 103.5 the same shall state that fees for activities and services performed by the department in carrying out is responsibilities under this code shall be as indicated in the following schedule attached herewith. The same may be revised, from to time, by resolution of the Borough Council of Darlington.
- That as to 112.4 it shall state that any person who shall continue any work after having been served with a stop work order, except such as that is directed to perform to remove a violation for unsafe conditions, shall be liable to a fine of not less than $300.00 or more than $1,000.00.
- That as to 302.4 dealing with weeds, the same is supplemented to state that all premises and exterior property shall be maintained free from weeds or plant growth in excess of six (6) inches. In all other respects, such section shall remain the same.
- That as to 304.14 dealing with insect screens, the same shall apply from May 1st to October 1st.
- That as to 602.3 dealing with heat supply, the same shall be required from October 1st to April 1st.
- That as to 602.4 dealing with occupiable work spaces, the same shall apply from November 1st to March 1st.
Section 4. Violations
- It shall be unlawful for a person, firm or corporation to be in conflict with or in violation of any provisions of this Code.
- The Code Official shall serve a notice of violation in accordance with the appropriate section of this Ordinance or the Code itself.
- Any person failing to comply with the notice of violation or order served in accordance with this Ordinance shall be deemed guilty of a summary offense and/or civil infraction. If a notice of violation is not complied with, the Code Official shall institute the appropriate proceeding at law or in equity to restrain, correct or abate such violation, or require the removal or termination of unlawful occupancy of the structure in violation of the provisions of this Code or of the order or direction made pursuant thereto. Any action taken by the authority having jurisdiction of such premises shall be charged against the real estate upon which structures are located and shall be liened upon the said real estate.
- Any such person who shall violate a provision of this Code, or fail to comply therewith, or if any of the requirements thereof, shall be prosecuted either as a summary offense and/or a civil proceeding. In the event of a summary offense, no fine or penalty shall exceed $1,000.00 for said violation plus the costs thereof and in default of payment to a term of imprisonment not to exceed ninety, (90) days. Each day that a violation continues shall be deemed a separate offense.
- The imposition of the penalties herein prescribed shall not preclude the Borough of Darlington from instituting appropriate action to restrain, correct or abate a violation, or prevent illegal occupancy of the building, structure or premises, or to stop an illegal act, conduct, business or utilization of the building, structure or premises.
Section 5. That is any section, subsection, sentence, clause or phrase of this ordinance is, for any reason, held to be unconstitutional, such decision shall not affect the validity of remaining portions of this Ordinance. The Borough of Darlington hereby declares that it would have passed this Ordinance, and each section, subsection, clause or phrase thereof, irrespective of the fact that any one or more sections, sub-sections, sentences, clauses and phrases be declared unconstitutional.
Section 6. That nothing in this Ordinance or in the Property Maintenance Code hereby adopted shall be construed to affect any suit or proceeding impending in any court, or any rights acquired, or liability incurred, or any cause or causes of action acquired or existing, under any action or ordinance hereby repealed as cited in Section 2 of this Ordinance; nor shall any just or legal right or remedy of any character be lost, impaired or affected by this Ordinance.
Section 7. That the Borough of Darlington shall publish this Ordinance in accordance with law.
Section 8.. That this Ordinance and the rules, regulations, provisions, requirements, orders and matters established and adopted hereby shall take effect and be in full force and effective permanently from and after the date of its final passage and adoption.
ENACTED AND ORDAINED this 5th day of March, 2012.
Borough of Darlington
Sonja L. Ott, Borough Secretary William S. Shasteen, Mayor