[Amended 8-16-2011 by Ord. No. 2081, approved 8-16-2011]
This chapter is enacted for the following purposes: to promote
and protect the health, safety, morals and general welfare of the
inhabitants, both residential and commercial, of the Borough of Glenolden
by abating overcrowded housing conditions; securing adequate lighting,
heating, ventilation, access and egress; and preventing or correcting
unhygienic, unsanitary or unsafe conditions and other nuisances which
might constitute a menace to residents of the Borough of Glenolden.
[Amended 8-16-2011 by Ord. No. 2081, approved 8-16-2011]
In interpreting and applying the provisions of this chapter,
said provisions shall be held to be the minimum requirements for the
promotion of the public health, safety, morals and general welfare.
Where the provisions of this chapter impose greater restrictions than
those of any other ordinance or regulation, the provisions of this
chapter shall be controlling. Where the provisions of any statute,
other ordinance or regulation impose greater restrictions
than this chapter, the provisions of such statute, ordinance or regulation
shall be controlling.
[Amended 8-16-2011 by Ord. No. 2081, approved 8-16-2011]
Unless otherwise expressly stated, the following words and phrases
shall be construed throughout this chapter to have the meaning herein
indicated. The singular shall include the plural, and the plural shall
include the singular. The present tense shall include the future tense.
BASEMENT
The portion of any dwelling located partly underground but
having less than 1/2 its clear floor-to-ceiling height below the average
grade of the adjoining ground.
CELLAR
The portion of any dwelling having 1/2 or more than 1/2 of
its clear floor-to-ceiling height below the average grade of the adjoining
ground.
COMMERCIAL ESTABLISHMENT
An establishment, situated on property within the Borough,
leased and used for commercial purposes; for example, bars, restaurants,
private offices, fitness clubs, oil rigs, retail stores, banks and
financial institutions, supermarkets, auto and boat dealerships, and
other establishments with common business areas and purposes.
DWELLING UNIT
Any room or group of rooms located in a multiple dwelling
and forming a single habitable unit, with facilities that are used
or intended to be used for living, sleeping, cooking and eating.
EXTERMINATION
The control and elimination of insects, rodents or other
pests by eliminating their harborage places; by removing or making
inaccessible materials that may serve as their food; by poisoning,
spraying, fumigating or trapping; or by any other recognized and legal
pest-elimination method.
GARBAGE
Includes waste or decayed fruit or animal and vegetable matter,
liquid or otherwise, which attends the preparation, use, cooking or
storing of meat, fish, fowl or fruit.
HABITABLE ROOM
A room or enclosed floor space used or intended to be used
for living, sleeping or eating purposes, excluding bathrooms, laundries,
foyers, pantries, communicating corridors, stairways, closets, basement
recreation rooms, storage spaces and other nonhabitable areas.
HOUSING OFFICER
The official of the Borough of Glenolden designated by the
Borough Council to assist in the enforcement of this chapter.
INFESTATION
The presence, within or around a multiple dwelling, of any
insects, rodents or other pests.
MULTIPLE DWELLING
Any building, including an apartment or condominium building,
containing two or more dwelling units.
NEW OR CONVERTED DWELLING UNIT
A newly constructed dwelling unit or a dwelling unit located
in a single-family dwelling converted into a multiple dwelling.
OCCUPANT
Any person living and sleeping in a dwelling unit or rooming
unit.
OPENABLE AREA
The part of a window or door that is available for unobstructed
ventilation and that opens directly to the outdoors.
OPERATOR
Any person having charge, care, management or control of
any multiple dwelling or part thereof in which dwelling units or rooming
units are let.
OWNER
Any person who, alone or jointly or severally with others:
A.
Shall have legal title to any multiple dwelling or dwelling
unit or commercial establishment, with or without accompanying actual
possession thereof; or
B.
Shall have charge, care or control of any multiple dwelling,
dwelling unit, or commercial establishment as owner or agent of the
owner, or as executor, administrator, trustee or guardian of the estate
of the owner. Any such person thus representing the actual owner shall
be bound to comply with the provisions of this chapter and of the
rules and regulations adopted pursuant thereto to the same extent
as if he were the owner.
PERSON
An individual, firm, corporation, association or partnership.
ROOMING UNIT
Any rented room or group of such rooms forming a single habitable
unit used or intended to be used for living and sleeping but not for
cooking or eating purposes.
RUBBISH
Any waste, discarded or rejected matter or substance, vegetable,
animal or mineral, including unused chattels, furnishings, tools,
vehicles, implements, trash, debris, scrap, junk, garbage, leaves,
decayed or fallen trees, the branches or other parts thereof, stones,
ashes, cinders, papers and all other superfluous, abandoned or unused
materials or substances of whatsoever kind and condition.
SUPPLIED
Installed, furnished or provided by the owner or operator
at his expense.
TEMPORARY HOUSING
Any tent, trailer or other structure used for human shelter
which is designed to be transportable and which is not attached to
the ground, to another structure or to any utilities system and is
not permitted to be used for habitation in the Borough of Glenolden.
No person shall let to another for occupancy
any dwelling unit which does not comply with the following requirements:
A. Water supply. Every dwelling unit shall be supplied
with a properly installed pressurized potable water supply.
B. Kitchen facilities. Every dwelling unit shall be supplied
with:
(1) A kitchen sink in good working condition and properly
installed in conformity with the Plumbing Code of Glenolden Borough.
(2) Installed cooking facilities or utility connections
for such facilities. Every piece of cooking equipment shall be so
constructed and installed that it will function safely and effectively
and shall be maintained in sound working condition. Stove heating
and flame units shall be at least six inches from any facing wall.
(3) Every new or converted dwelling unit shall be equipped
with an approved exhaust fan capable of removing cooking odors and
smoke from all kitchens.
C. Bathroom facilities. Every dwelling unit shall contain
one or more rooms which afford privacy to a person and which are supplied
with a flush toilet, a lavatory basin and a bathtub or shower, all
of these facilities in good working condition and properly installed
in conformity with the Plumbing Code of the Borough of Glenolden.
D. Hot and cold water. Every kitchen sink, lavatory basin
and bathtub or shower required by this chapter shall be properly connected
in conformity with the Plumbing Code of the Borough of Glenolden and
supplied with both hot and cold water. The hot-water lines shall be
connected to water-heating facilities which are capable of heating
and supplying continuous hot water at a minimum temperature of 120°
F. even when the heating facilities required by this chapter are not
in operation.
E. Plumbing fixtures. All plumbing fixtures shall be
properly connected in accordance with the Plumbing Code of the Borough
of Glenolden.
F. Heating facilities, Every multiple dwelling shall
be supplied with properly installed heating facilities which are capable
of safely and adequately heating all habitable rooms and bathrooms
within its walls to a temperature of at least 68° F. at a distance
three feet above floor level at an outdoor temperature of 0° F.
Portable heating facilities employing flame and which use gasoline,
kerosene or gas as fuel do not meet the standard.
G. Electrical service. Every multiple dwelling shall
be provided with an approved adequate electrical service as defined
by the National Electrical Code. Every habitable room and bathroom
of such new or converted dwelling shall be supplied with at least
two separate electric convenience outlets in the wall. Every bathroom,
laundry room, furnace room and public hall shall contain at least
one switch-operated light fixture on the ceiling or the wall. Every
such outlet or fixture shall be properly installed and shall be maintained
in good and safe working condition.
(1) All exposed wiring shall have insulation that is not
frayed, dry-rotted or brittle and generally in good condition. Switches
and outlets shall be operable at all times and plates shall be secured
in position. No temporary wiring shall be used except extension cords
(no more than one in each outlet) which run directly from portable
electrical fixtures to outlets and which are not run under floor-covering
materials or extended through doorways, windows or other similar openings.
In no case shall extension cords be used outdoors unless specifically
rated for exterior use.
No person shall let to another for occupancy
any multiple dwelling, dwelling unit or rooming unit which does not
comply with the following:
A. Natural light in habitable rooms. Every habitable
room or bathroom shall have at least one window or skylight facing
directly to the outdoors. The minimum aggregate area available for
unobstructed light shall not be less than 10% of the floor area of
such room.
B. Light in nonhabitable space. Every stair, hall, cellar,
basement, laundry, furnace room and similar nonhabitable work space
located in a structure used for rental for human habitation shall
have adequate light capable of providing at all times not less than
50 footcandles of light at floor level. Every public hall and stairway
in a multiple dwelling shall also be adequately lighted at all times
to provide not less than 50 footcandles of light at floor level.
C. Ventilation in habitable rooms. Every habitable room
or bathroom shall be ventilated either by openable areas directly
accessible to the outdoors and equal to at least 45% of the required
window area or by equivalent mechanical ventilation.
D. Ventilation in bathrooms. The required bathroom in
each dwelling unit shall be ventilated either by an openable area
directly accessible to the outdoors and not less than 1 1/2 square
feet or by equivalent mechanical ventilation.
E. Required space in new or converted dwelling units
and sleeping rooms. Every two-bedroom new or converted dwelling unit
shall contain at least 650 square feet of total space, excluding stairways.
Every one-bedroom new or converted dwelling unit shall contain at
least 500 square feet of total space, excluding stairways. In every
new or converted dwelling unit of two or more rooms, every room occupied
for sleeping purposes shall contain at least 100 square feet of floor
space for one person sleeping therein, and 120 square feet of floor
space for two persons sleeping therein.
[Amended 12-28-2004 by Ord. No. 2029,
approved 12-28-2004]
F. Required access to bathrooms or sleeping rooms. No
new or converted dwelling unit containing two or more sleeping rooms
shall have room arrangements such that access to a bathroom or water
closet compartment intended for use by occupants of more than one
sleeping room can be had only by going through another sleeping room,
nor shall room arrangements be such that access to a sleeping room
can be had only by going through another sleeping room or a bathroom
or water closet compartment.
G. Required ceiling height. In every new or converted
dwelling unit, the ceiling height from the floor area of every habitable
room shall be seven feet six inches.
H. Basement dwelling units. No basement space shall be
used as a habitable room or dwelling unit unless:
(1) The floor and walls are impervious to leakage of underground
and surface runoff water and are insulated against dampness.
(2) The requirements of Subsections
A and
C hereof relating to natural light and ventilation in habitable rooms are met.
(3) The required minimum window area is located entirely
above the grade of the ground adjoining such window area.
No person shall let to another for occupancy
any multiple dwelling or dwelling unit for the purpose of living therein,
or any premises, which does not comply with the following requirements.
The Housing Officer of the municipality shall cause periodic inspections
to be made of rental multiple-dwelling premises to secure compliance
with these requirements.
A. Grading and drainage.
(1) All premises shall be graded and maintained so as
to prevent the accumulation of stagnant water thereon or within any
building or structure located thereon.
(2) Downspouts and rain leaders shall be so placed on
all structures as to minimize the flow of excess water upon and across
any adjacent properties.
B. Noxious weeds.
(1) All exterior property areas shall be kept free from
species of weeds or plant growth which are noxious or detrimental
to the public health, and grass shall not at any time exceed a height
of six inches.
(2) Hedges, briars or any other growth planted for or
intended to be used for ornamental purposes, after the same have lost
their ornamental or useful purposes by reason of having been unkempt
or untrimmed, shall be ordered cut and removed by the Housing Officer.
C. Accessory structures. All accessory structures, including
detached garages, toolsheds, storage sheds, fences or any other appurtenances
to the main building, shall be maintained at all times in a neat manner,
in good repair and shall be effectively structurally sound.
D. Junked motor vehicles. No person shall keep or maintain
on public or private property any motor vehicle that is inoperable,
that does not have a current license tag or current inspection sticker
and that has been left unattended for a period of 96 hours. Such vehicle
shall be classed as "junked" and shall be removed in accordance with
the provisions as hereinafter provided; except that antique cars shall
be identified by an antique license plate as issued by the State of
Pennsylvania and that automobiles in the process of being reconstructed
for purposes of qualifying as antiques shall be registered with the
Housing Officer and the Police Department of the Borough of Glenolden.
E. Structural safety.
(1) Every outside stair, every porch and every appurtenance
attached thereto shall be so constructed as to be safe to use and
capable of supporting the loads to which it is subjected as required
by the Building Code, and shall be kept in sound condition and good repair.
(2) In public or multiple dwellings, every stairwell and
every flight of stairs which is more than three risers high shall
have handrails or railings. Every handrail shall be firmly fastened
and must be maintained in good condition. Properly balustraded railings
capable of bearing normally imposed loads shall be placed on the open
portions of stairs, balconies, landings and stairwells.
[Amended 12-28-2004 by Ord. No. 2029,
approved 12-28-2004]
F. Windows and doors.
(1) Every window sash shall be fully supplied with glass
windowpanes or an approved substitute which are without open cracks
or holes. Every window sash shall be in good condition and fit reasonably
tight within its frame. Every window, other than a fixed window, shall
be capable of being easily opened and shall be held in position by
window hardware. Every exterior door, door hinge and door latch shall
be maintained in good condition. Every exterior door, when closed,
shall fit reasonably well within its frame. Every window, door and
frame shall be constructed and maintained in such relation to the
adjacent wall construction as to exclude rain as completely as possible
and to substantially exclude wind from entering the multiple dwelling
or multifamily dwelling.
G. Free from dampness. In every rental multiple dwelling,
dwelling unit and rooming unit, cellars, basements and crawl spaces
shall be maintained reasonably free from dampness to prevent conditions
conducive to decay or deterioration of the structure, as required
by the Building Code.
H. Maintained in good repair. All floors, flooring baseboards
and trim shall be free of wide cracks and loose, warped, protruding
and rotted sections which could constitute a hazardous and unsanitary
condition. Walls and ceilings must be free of holes, large cracks,
loose plaster and other structural material which could collapse and
become an accident hazard. Plaster, paint and other surface materials
shall be of such character as to be easily cleanable and reasonably
smooth, clean and tight.
I. Bathroom floors. Every toilet and bathroom floor surface
shall be constructed and maintained so as to be substantially impervious
to water and so as to permit such floor to be easily kept in a clean
and sanitary condition.
No person shall let to another for occupancy
any multiple dwelling, dwelling unit or rooming unit in a structure
which does not comply with the following minimum standards for safe
and sanitary maintenance:
A. Structural condition. Every foundation shall be watertight
and rodentproof and shall be kept in good repair.
B. Openings to the exterior. Every window, exterior door,
hatchway or skylight shall be effectively weathertight and watertight
and shall be kept in sound working condition and good repair.
C. Stairways, porches and balconies. Every stairway,
porch and balcony as well as every appurtenance thereto shall be so
constructed as to be safe to use and capable of supporting the load
that normal use may cause to be placed thereon and shall be kept in
sound condition and repair.
D. Storage rooms. Storage rooms in all multiple dwellings
that furnish tenants with lockers for storage shall have walls and
ceilings covered with either Sheetrock or wire lath with cement plaster
having a burn rating of at least 90 minutes.
In addition to any specific contractual agreements
between owners and occupants with respect to responsibilities, the
following shall apply:
A. Maintenance of premises.
(1) Every adult occupant of a dwelling unit or rooming
unit shall be responsible for maintaining in clean and sanitary condition
the premises which he occupies or controls. Every owner of a building
containing two or more dwelling and/or rooming units shall be responsible
for maintaining in clean and sanitary condition the shared or public
areas within and around such building and premises.
(2) Every dwelling unit in which animals of any kind are
housed must be kept clean and free from animal droppings and obnoxious
odors. In the event the animals are housed in other accessory structures,
these structures and the surrounding yard shall be clean and free
of animal droppings and obnoxious odors.
B. Maintenance of equipment. Every occupant of a dwelling
unit or rooming unit shall be responsible for the exercise of proper
care in the use and operation of all plumbing fixtures, appliances
and equipment therein. Every owner of a building containing two or
more dwelling and/or rooming units shall be responsible for keeping
supplied facilities in proper operating condition.
C. Waste disposal.
(1) Every occupant of a dwelling unit or rooming unit
shall dispose of rubbish, garbage and other refuse in accordance with
the regulations of the Borough of Glenolden governing such matters. In a structure containing two or more dwelling and/or
rooming units, it shall be the responsibility of the owner to assure
that adequate rubbish and garbage containers are provided.
(2) Rubbish stored outdoors shall be stored in one or
more rubbish storage containers which are flytight, rodentproof, nonflammable,
waterproof and weatherproof.
(3) Rubbish stored in the basement or cellar or in an
enclosed structure such as a shed shall be stored in nonflammable
containers.
(4) No loose rubbish shall be placed upon or strewn about
on the floor of any basement or cellar or other part of any dwelling
or on the ground surrounding any multiple dwelling.
(5) Garbage is to be wrapped and stored in one or more
flytight and watertight metal garbage storage containers equipped
with tightly fitting metal covers.
(6) Every outside or inside garbage or rubbish storage
container shall be so maintained and so located on the premises that
no odors will permeate any dwelling or dwelling units.
(7) No loose garbage shall be placed upon or strewn about
on the floor of any basement or cellar or any other part of any dwelling
or on the ground surrounding any multiple dwelling.
(8) Waste storage facilities shall be so located and designed
that access can be had at all times by waste collectors. Parking in
front of such facilities shall be prohibited, and such prohibition
shall be enforced by the owner.
D. Extermination. In a structure containing two or more
dwelling and/or rooming units, the owner and the operator shall be
responsible for such extermination.
E. Discontinuance of utilities or facilities. No owner,
operator or occupant shall cause any service facility, equipment or
utility which is required to be supplied under the provisions of this
chapter to be removed from, shut off from or discontinued for any
occupied dwelling unit or rooming unit, except for necessary repairs,
alterations or emergencies, but not to exceed 12 hours per day; except
that the owner shall not be responsible for such public utility where
said owner has no control over the same.
F. Occupancy of vacant units. No person shall occupy
or permit to be occupied by another any vacant rental dwelling unit
or rooming unit unless or until it is in good repair, clean, sanitary,
in habitable condition and in full compliance with all the provisions
of this chapter. No new or converted rental dwelling unit or rooming
unit shall be occupied and no rental dwelling unit or rooming unit
which has been vacated shall be occupied until the annual certificate
of occupancy is first obtained from the Housing Officer. Units shall
first be inspected by the Housing Officer before issuing the annual
certificate of occupancy, to determine whether all of the requirements
of this chapter have been met. If a rental dwelling unit or rooming
unit is vacated after the issuance of the annual certificate of occupancy,
a new application for a certificate of occupancy and resultant inspection
is not required, whether the said unit is left vacant or is subsequently
occupied, until the next year’s application period for the annual
certificate of occupancy.
[Amended 12-28-2004 by Ord. No. 2029,
approved 12-28-2004]
G. Screening. Every owner of a building containing two
or more dwelling and/or rooming units shall be responsible for providing
every operable window, door or other opening to the exterior with
effective screening protection against mosquitoes, flies and other
insects.
H. Sidewalks.
(1) Sidewalks, together with any portion of a property
that is paved and used as a sidewalk or public walk, shall be kept
in good repair, free from large cracks, raised blocks, depressions
or any condition which could render the sidewalk hazardous to pedestrian
travel.
(2) Sidewalks shall at all times be kept free and clear
of all obstructions to safe and convenient passage.
(3) Tree branches, bushes or any other growth shall not
project over any sidewalk lower than a height of nine feet, nor shall
they protrude in such a manner as to restrict safe and convenient
passage.
The Borough Council of the Borough of Glenolden
shall appoint a Housing Officer and such deputies and assistants as
are necessary to enforce the provisions of this chapter. Such positions
may be combined with another position or positions established in
the Borough. In order to determine compliance with and enforce the
provisions of this chapter, the following shall apply:
A. Issuance of certificates of occupancy.
[Amended 12-28-1978 by Ord. No. 823, approved 12-28-1978; 5-12-1988 by Ord. No.
931, approved 5-12-1988; 12-14-1991 by Ord. No. 964, approved 12-14-1991; 9-8-1994 by Ord. No.
1007, approved 9-8-1994]
(1) Every person, firm, corporation, or any other type
of entity owning, managing, conducting or operating a dwelling unit
and/or rooming unit, shall not rent, lease, let out, or permit the
same to be occupied without first applying for and securing the following:
[Amended 12-28-2004 by Ord. No. 2029,
approved 12-28-2004]
(a)
An annual certificate of occupancy for each
occupied and vacant dwelling unit(s) issued pursuant to the provisions
of this chapter and other applicable ordinances, rules and regulations
enacted by the Borough Council.
(b)
The above requirement shall not apply to a residential,
owner-occupied individual dwelling unit.
(c)
A certificate of occupancy shall be required
whenever there is a change in ownership in any residential owner-occupied
structure.
(2) The Housing Officer and/or his agent or agents are
hereby authorized and directed to process all applications for certificates
of occupancy and, prior to the issuance of same, to determine, by
inspection if necessary, that all the requirements of this chapter
and/or any other applicable ordinances and rules and regulations enacted
by the Borough Council have been met. The fee for the application
and issuance of any certificate of occupancy (as well as any fee for
reinspection(s) of properties) shall be set from time to time at the
discretion of Borough Council by resolution.
[Amended 2-17-2004 by Ord. No. 2016, approved
2-17-2004; 12-28-2004 by Ord. No. 2029, approved 12-28-2004]
(3) The fee for inspection shall be filed with the application
for a certificate of occupancy.
B. The owner and the operator of any dwelling unit which
has been rented, leased or let out or rerented during any calendar
year shall, on or before May 15 of the following year, file a list
with the Housing Officer setting forth the number of units occupied
as of December 31 of the reporting year and the names of the tenants
thereof.
[Amended 10-20-1998 by Ord. No. 1057,
approved 10-20-1998]
C. Inspection and access to dwellings. The Housing Officer
or his agents are hereby authorized and directed to make inspections
of the conditions of rental dwellings, multiple dwelling units, rooming
units and other structures located in the Borough of Glenolden. Upon
display of proper identification, the inspector is authorized to enter,
examine and survey such units and premises on weekdays between 9:00
a.m. and 4:00 p.m. or at such other time as may be necessary in an
emergency or as mutually agreed upon by the occupant and the Housing
Officer or one of his agents.
(1) In the event a mutually agreeable date and time cannot
be agreed to, the Housing Officer and/or his agent or agents are authorized
to select the date and time for the inspection. The inspection date
and time shall be confirmed by a certified notice of inspection letter,
return receipt requested, sent via U.S. mail and addressed to the
last known mailing address of the property owner or manager. The inspection
date and time shall also be confirmed by a notice of inspection letter
sent via regular U. S. mail and addressed to the last known mailing
address of the property owner or manager. In no event shall an inspection
be scheduled any sooner than 14 days from the date upon which the
notice letter was mailed.
[Added 12-28-2004 by Ord. No. 2029,
approved 12-28-2004]
(2) If the subject property is not made available for
inspection on the inspection date confirmed in accordance with either
of the foregoing provisions and in the event the property owner or
manager and the Housing Officer (or his agent or agents) have not
rescheduled the inspection within 10 days of the confirmed inspection
date, any previously issued certificate of occupancy for the subject
dwelling unit shall be revoked by the Housing Officer and/or his agent(s).
[Added 12-28-2004 by Ord. No. 2029,
approved 12-28-2004]
(3) In the event any person, firm, corporation, or any
other type of entity owning, managing, conducting or operating a dwelling
unit and/or rooming unit fails to apply for and obtain an annual certificate
of occupancy as required by this chapter, in addition to any other
remedies provided for by this chapter, the Housing Officer and/or
his agent(s) are hereby empowered and authorized to issue a citation
to any and/or each of the aforementioned person, firm, corporation,
or any other type of entity owning, managing, conducting or operating
a dwelling unit and/or rooming unit, and upon conviction before a
District Justice, pay a penalty of not less than $200 nor more than
$300 plus court costs and reasonable attorney’s fees, for each
violation, and in default of payment of such penalty and costs be
imprisoned for not less than one day nor more than 30 days. Each day
there exists a violation of this section shall constitute a separate
violation of this chapter, and the Housing Officer and/or his agent(s)
may at their discretion issue a separate citation for each such individual
violation.
[Added 12-28-2004 by Ord. No. 2029,
approved 12-28-2004]
D. Access for repairs. Every occupant of a rental dwelling
unit or rooming unit shall grant to the owner or his agents or employees
free access to it at reasonable times for the purpose of making repairs
or alterations to effect compliance with this chapter.
E. Notice of violation.
(1) When the Housing Officer determines that there exists
a violation of any provision of this chapter, he shall serve written
notice of such violation on the person or persons responsible therefor,
as hereinafter provided:
(2) Such notice shall:
(b)
Include a statement of the reasons why it is
being issued.
(c)
Allow a reasonable time for the performance
of any act it requires.
(d)
Be served upon the owner or his agent or upon
the occupant, as the case may require, provided that such notice shall
be deemed to be properly served upon such person if a copy thereof
is sent by registered or certified mail to his last known address
or if he is served by any other method authorized or required under
the laws of this state.
(3) Such notice may contain an outline of remedial action
which, if taken, will effect compliance with the provisions of this
chapter and with rules and regulations adopted pursuant thereto.
F. Appeals from notice of violation. Any person affected
by any notice which has been issued in connection with the enforcement
of any provisions of this chapter or of any rule or regulation adopted
pursuant thereto may request and shall be granted a hearing on the
matter before the Borough Council of Glenolden or a committee appointed
by the Borough Council, provided that such person shall file in the
office of the Housing Officer a written petition requesting such hearing
and setting forth a brief statement of the grounds therefor within
seven days after the day the notice was served. Upon receipt of such
petition, the Borough Council or its appointed committee shall set
a time and place for such hearing and shall give petitioner written
notice thereof. At such hearing, the petitioner shall be given an
opportunity to be heard and to show why such notice should be modified
or withdrawn. The hearing shall be commenced not later than seven
days after the day on which the petition was filed. After the hearing,
the Borough Council or its appointed committee may sustain, modify
or withdraw the notice of the violation on the basis of the findings
at the hearing and shall give petitioner written notice thereof. Such
proceedings shall be summarized in writing and shall become a matter
of public record in the office of the Housing Officer. Such record
shall also include a copy of every notice or order issued in connection
with the matter. If the appointed committee hears the petitioner and
makes a decision which the petitioner rejects, the petitioner shall
have the right to appeal to the entire Borough Council within seven
days of receiving the notice, asking the entire Borough Council to
hear the case and make the ruling. Any person aggrieved by the decision
of the Borough Council may seek relief therefrom in any court of competent
jurisdiction, as provided by the laws of this state.
G. Effective date of notice of violation. Any notice served pursuant to Subsection
E shall automatically become an order if a written petition is not filed in the office of the Housing Officer within seven days after such notice is filed.
H. Emergency action. Whenever the Housing Officer finds
that there exists any violation of this chapter which creates an emergency
requiring immediate correction to protect the health or safety of
any occupant of a rental dwelling or the public, he may issue an order
reciting the existence of such an emergency and requiring that such
action be taken as he deems necessary to meet the emergency. Notwithstanding
the other provisions of this chapter, such order shall be effective
immediately. Any person to whom such order is directed shall comply
therewith immediately but, upon petition to the Borough Council ,shall
be afforded a hearing as soon as possible. After such hearing, depending
upon the findings of the Council as to whether the provisions of this
chapter and of the rules and regulations adopted pursuant thereto
have been complied with, the Housing Officer shall continue such order
in effect, or modify it, or revoke it.
I. Dwelling units unfit for human habitation. Whenever the Housing Officer finds that a rental dwelling unit constitutes a serious hazard to the health or safety of the occupants or to the public because it is dilapidated, unsanitary, vermin-infested, rodent-infested or lacking in basic facilities and equipment required by this chapter, he shall designate such dwelling unit as unfit for human habitation. Such designation shall be posted on the dwelling and shall specify the reason for such a finding. A notice of violation shall also be served in accordance with the provisions of Subsection
E. Any dwelling unit so designated shall be vacated within a reasonable time as specified by the Housing Officer and shall not again be used for human habitation until the hazard or violation has been eliminated or corrected and the Housing Officer has removed the designation and given written approval for occupancy. A report of any such closings must immediately be filed with the Borough Council.
J. Adoption of rules and regulations. The Borough Council
is authorized to make and adopt such procedural rules as it may deem
necessary for the proper enforcement of this chapter, provided that
such procedural rules and regulations shall not be in conflict with
the substantive provisions of this chapter. Such rules and regulations
shall have the same force and effect as the provisions of this chapter,
and the penalty for violation thereof shall be the same as the penalty
for violation of the provisions of this chapter.
K. Abatement of violations. If a violation has not been
corrected within the time designated for such compliance and the Borough
Council finds that the continuation of such violation constitutes
a public nuisance or hazard, it may order the correction of such violation,
using Borough funds or Borough personnel to accomplish such corrections,
and may charge the cost thereof to the violator. It may collect such
cost by lien and/or otherwise as may be authorized by the laws of
this state.
L. Penalty for violations. Any person, firm, corporation,
or any other type of entity who violates any provision of this chapter
or any provision of any resolution, rule or regulation adopted by
the Borough Council pursuant to authority granted by this chapter
or fails to correct within a reasonable time (the determination of
a reasonable time is in the sole discretion of the Housing Officer
and/or his agent(s), but in no event shall be less than 20 days) the
defects for which the dwelling or dwellings have been cited, shall,
upon conviction before a District Justice, pay a penalty of not less
than $200 nor more than $300 plus court costs and reasonable attorney’s
fees for each violation and, in default of payment of such penalty
and costs, be imprisoned for not less than one day nor more than 30
days.
[Amended 12-9-1982 by Ord. No. 867, approved 12-9-1982; 12-28-2004 by Ord. No.
2029, approved 12-28-2004]
M. Revocation of certificates of occupancy; eviction of tenants. Notwithstanding anything set forth in this chapter to the contrary, this §
93-9 shall be applicable to all single-family rental dwelling units, multiple dwelling units and commercial establishments.
[Amended 8-16-2011 by Ord. No. 2081, approved 8-16-2011]
(1) Any single-family rental dwelling unit owner whose tenant has six police nuisance complaints against the tenant or property in any consecutive twenty-four-month period following the commencement of the then-current lease term shall have said property's certificate of occupancy revoked. After three complaints in the aforementioned time period, the owner will be notified, via certified mail, that there have been three complaints, against its tenant or property and, after an additional three complaints the certificate of occupancy shall be revoked for one year in accordance with Subsection
M(4) below.
(2) Any owner of a multiple dwelling unit building that has six police nuisance complaints on a single dwelling unit in any consecutive twenty-four-month period following the commencement of the then-current lease term shall have the certificate of occupancy for that unit revoked. After three complaints in the aforementioned time period, the owner will be notified, via certified mail, that there have been three complaints, against its tenant or property and, after an additional three complaints, the certificate of occupancy shall be revoked for one year in accordance with Subsection
M(4) below.
(3) Any commercial establishment rental property owner whose tenant has
six police nuisance complaints against the tenant or property in any
consecutive twenty-four-month period following the commencement of
the then-current lease term shall have the property's certificate
of occupancy revoked. After three complaints in the aforementioned
time period, the owner will be notified, via certified mail, that
there have been three complaints against its tenant or property and,
after an additional three complaints, the certificate of occupancy
shall be revoked for one year in accordance with Subsection A(4) below.
(4) The owner shall be notified that there have been six police nuisance
complaints and that his/her certificate of occupancy has been revoked.
Once notified of the six complaints, the owner shall have seven calendar
days to start eviction proceedings and show proof of court date to
the Borough's Housing Officer (or duly appointed assistant).
If proof is not shown in seven calendar days, a citation shall be
issued on a weekly basis until proof is shown of eviction proceedings.
The one-year revocation period shall commence the date notice was
issued pursuant to this subsection.