Item Coversheet
 BOROUGH COUNCIL INFORMATIONAL SHEET
AGENDA ITEM 11.a.
ACTION ITEM
SUBJECT: Consider advertising Ordinance No. 2020-1289: Updates to Property Maintenance Code [ACTION ITEM]

DATE:May  26, 2020
PRESENTED BY: 

ERIC PECCON

ASSISTANT MANAGER

SUMMARY:

This item is associated with the Borough's enforcement of the International Property Maintenance Code. When Brentwood adopted the associated enabling legislation in 2003, it included a clause which stated that, upon release of a new version of this document by the International Code Council, it would automatically commence enforcement of the same. Such language is standard in these ordinances so as to allow municipalities to stay up-to-date with the most recent edition of the code without having to devote time and money to updating statutes every three years.

 

Recent case law has declared such language invalid. Although there are few differences between the individual editions of the IPMC, it is nonetheless important that the code edition that is displayed on Borough violation notices matches that which is included in its municipal code. Based upon this change in case law, Brentwood is ostensibly currently enforcing the 2003, as opposed to the the 2018, edition of the IPMC. It is thus necessary to update our ordinance to close a loophole that could be utilized if a defendant attained legal counsel.

BUDGET IMPACT:

Advertising fees.
RECOMMENDATION:

Adopt the motion as presented.
PROS:

  • Protects the Borough from potentially losing code cases on a technicality.


CONS:

  • Unanticipated minor cost.
ATTACHMENTS:
DescriptionUpload DateType
Ordinance 12895/13/2020Cover Memo