Ordinance # 2002-3
Code of 1996
BOCA National Property Maintenance Code - 1996
Whereas, due to the increased densities within the Borough relating to persons, dwelling united, and traffic the Borough requires the enactment of a Building Maintenance Code for the protection of the Borough citizens and the community at large:
Whereas, this enactment is being made pursuant to the powers authorized by the Pennsylvania state Legislature.
Section 180 Purpose
The purpose of this Ordinance is to enact rules and regulations specifically established by BOCA (Building Officials and Code Administrators International Inc), with respect to maintaining clear and specific property maintenance requirements with specific required property improvement provisions required of all buildings located within the Borough and to comply with the Code.
A. The entire BOCA National Property Maintenance Code of 1996 is enacted as a Borough Ordinance within the Municipality of the Borough of Bolivar. However, changes, additions, and / or deletions are as follows:
a. Amend Section PM 101.1 Title. Borough Property Maintenance Code.
b. Amend Section PM 105.1 General. This Ordinance enacting the BOCA National Property Maintenance Code of 1996 shall be enforceable by any Borough official police officer, or Solicitor. If the Borough received written notice of a complaint and no action of enforcement is taken within fifteen (15) days of said Notice, any citizen may enforce this Ordinance.
c. Delete Sections PM 111.1 through PM 111.7
d. Amend Section PM 111.1 Means of Appeal. Any person or entity shall have the right of appeal of a Decision of the borough code Officials to Borough Council for a public hearing where evidence and documentation shall be presented. the Borough, within thirty (30) days of the hearing, will provide Findings of Fact and a Decision. appellant therein has thirty (30 ) days to appeal to the District Justice from the Decision of the Code Official and / or the Borough. The District Justice shall review the appellant's claim that the true intent of the Code or the Rules legally adopted there under has / have been incorrectly interpreted, the provisions of the Code do not fully apply , or an equally good or better method of compliance can be accomplished.
e. Amend Section PM 106.2 Penalty. any person who shall violate a provision of this Code or shall fail to comply with any of its requirements, or who is in violation of an approved action plan to bring one's property within compliance or who has violated a Permit or Certificate issued under the provisions of this Code shall be guilty or a summary offense punishable by a fine of not less than one hundred fifty dollars ($150.00) and not more than five hundred dollars ($500.00 plus the cost of attorney's fees, engineering fees, BOCA Consultant costs incurred by the Municipality, and the cost of any actual compliance taken by the Municipality, if any, or imprisonment not to exceed thirty (30) days, or both, at the discretion of the Court. Each day that a violation continues shall be deemed a separate offense.
f. Add Section PM 304.5 Insect Screens. The period of time will be May 15, through September 15.
g. Add Section PM 602.2.1 Heat supply Period of time shall be September 15, through May 15
h. Add Section PM 602.3 Non-Residential Structures. the period of time shall be September 15,through May 15.
Section 185 Implicit Repeal
A. All prior inconsistent Ordinances are hereby repealed, In the event any section of this Ordinance is declared illegal or unconstitutional, the remaining sections shall be deemed unaffected and shall be enforced despite the finding of illegality or unconstitutionality of any specific section set forth herein.
B. Any Ordinance or part of this Ordinance in conflict with the provisions of this Ordinance are herby repealed,
Wherefore, after a duly advertised public meeting and a duly advertised convening of Borough Council at a regularly scheduled meeting date wherein a quorum was present, a majority of council voted to enact the above Ordinance on this 1st day of April 2002
Borough of Bolivar
by James Sheridan
Examined and approved this 1st day of April 2002
Mayor Everett Saxton
Original Ordinance on file in vault