§ 32A04 — Property maintenance code

(a) Enactment.--Notwithstanding the primacy of the Uniform Construction Code, a borough may enact one of the following:

(1) A property maintenance ordinance and may incorporate a standard or nationally recognized property maintenance code, or any variations or changes or parts of the code, published and printed in book form, without incorporating the text of the code in the ordinance.

(2) A standard or nationally recognized property maintenance code or any variations or changes or parts as its property maintenance ordinance.

(a.1) Notice.--The following shall apply:

(1) An ordinance or any variations or changes or parts under subsection (a) shall not be required to be advertised after passage. Notice of the consideration of an ordinance or any variations or changes or parts under subsection (a) shall be published in a manner that will give adequate notice of its contents and a reference to the place within the borough where copies of the proposed property maintenance code may be examined or obtained.

(2) The notice required under paragraph (1) shall be published once in one newspaper of general circulation at least one week and not more than three weeks prior to the presentation of the proposed property maintenance code to council.

(a.2) Inspection.--At least three copies of the ordinance adopted by council:

(1) shall be made available:

(i) for public inspection and use during business hours; or

(ii) to any interested party who pays the cost of copying; or

(2) may be furnished or lent without charge.

(a.3) Adoption by reference.--A property maintenance code adopted by reference shall:

(1) not be required to be recorded in or attached to an ordinance book; and

(2) be deemed to have been legally recorded if the ordinance by which the code was adopted by reference has been recorded with an accompanying notation stating where the full text of the code has been filed.

(a.4) Fines and penalties.--An ordinance under this section may provide for reasonable property fines and penalties for violations of the ordinance.

(a.5) Procedure.--The procedure under this section relating to the adoption of an ordinance under this section may be used in amending, supplementing or repealing any of the provisions of the ordinance.

(b) Property maintenance inspectors.--Council may appoint property maintenance inspectors who may enter, subject to constitutional standards in a similar manner as provided under section 3107 (relating to entry upon premises), and inspect any premises at reasonable hours and in a reasonable manner for the administration and enforcement of the borough's property maintenance code or ordinance under subsection (a). Any fees payable to property maintenance inspectors under the ordinance shall be paid by the property maintenance inspectors as soon as possible to the borough treasurer for the use of the borough.

(c) Legal actions.--In addition to the penalties provided by a property maintenance ordinance, a borough may institute appropriate actions or proceedings at law or in equity to prevent or restrain property maintenance violations.

(d) Construction.--The powers of a borough under this section shall be in addition to the powers provided under the following:

(1) The act of November 26, 2008 (P.L.1672, No.135), known as the Abandoned and Blighted Property Conservatorship Act.

(2) 53 Pa.C.S. Ch. 61 (relating to neighborhood blight reclamation and revitalization).

(3) 68 Pa.C.S. Ch. 21 (relating to land banks).

Legislative History

Cross References.Section 32A04 is referred to in sections 32A05, 3321 of this title.