§ 15.04.010. Adoption of property maintenance code.

The "BOCA National Existing Structures Code, 1987," Second Edition, as published by The Building Officials and Code Administrators International, Inc., establishing minimum standards governing the condition, maintenance and rehabilitation of all existing structures, establishing minimum standards governing supplied utilities and facilities and other physical things and conditions essential to insure that structures are safe, sanitary and fit for occupation and use; establishing minimum standards governing the condition of dwellings offered for rent; fixing certain responsibilities and duties of owners and occupants of structures and the condemnation of structures unfit for human habitation and demolition of such structures; and fixing penalties for violation, is adopted as the property maintenance code for the control of buildings and structures as provided in this chapter; and each and all of the regulations of "The National Existing Structures Code, 1987," Second Edition, are referred to, adopted and made a part of this chapter as if fully set out in this chapter.

A.

Copies Filed with Clerk. Three copies of the above code shall be available in the office of the borough clerk for the use of and examination by the public.

B.

Amendments and Revisions. The following sections of "The BOCA National Existing Structures Code, 1987" Second Edition, are amended and revised or changed as follows:

1.

The name "Borough of Ship Bottom" shall be inserted in the second sentence of Section ES-100.1 on page 1 of the Code.

2.

Section ES-110.2 entitled "Penalty" be and is amended to read as follows:

  ES-110.2 Penalty: Any person, firm or corporation, who shall violate any provision of this Code shall, upon conviction thereof, be subject to a fine of not less than $100.00 nor more than $1,000.00 or imprisonment for a term not to exceed ninety (90) days, or both, at the discretion of the Court. Each day that a violation continues after due notice has been served, in accordance with the terms and provisions hereof, shall be deemed a separate offense.

3.

Section ES-111.4 entitled "Restraining Actions," on page 9, be and is amended by inserting the number "45" on the second line.

4.

Section ES-112.0 entitled "Right to Appeal" shall be deleted in its entirety and in lieu thereof a new Section 112.0 entitled "Right to Appeal" shall read as follows:

  ES-112.1 Petition. Any person affected by any notice which has been issued in connection with the enforcement of any provision of this Code, or any rule or regulation adopted pursuant thereto, may request and shall be granted a hearing on the matter before the Borough Council provided that such person shall file with the Borough Clerk a written petition requesting such hearing and containing a statement of the grounds thereof within 20 days after the notice was served.

  ES-112.2 Vote. The Borough Council shall hear all appeals relative to the enforcement of this Code and by a concurring vote of a majority of its members may reverse or affirm, wholly or in part, or may modify, the decision appealed from and shall make such order or determination as in its opinion ought to be made. Failure to secure such concurring vote shall be deemed confirmation of the decision of the Code Official.

  ES-112.3 Records of Appeal. The Borough Clerk shall keep a record of each meeting so that the record shows clearly the basis for each decision made by the Borough Council.

5.

The definition "Code Official" found in Article 2 entitled "Definitions" be and is amended to be defined as follows:

 The health officer who is charged with the administration and enforcement of this Code, or any duly authorized representative.

(Ord. 89-1 § 1 (part), 1989; prior code § 11-1)