The Board of Commissioners of the Township of Marple 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 Township. In order to determine compliance
with and enforce the provisions of this chapter, the following shall apply.
The Housing Officer or his agents are hereby authorized and directed
to make inspections of the conditions of all dwellings, multiple-dwelling
units, rooming units and other structures located in the Township of Marple.
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.
Every occupant of a 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.
A.
When the Housing Officer determines that there exists
a violation of any provision of this chapter, he shall serve written notice
of such violation to the person or persons responsible therefor, as hereinafter
provided.
B.
Such notice shall:
(1)
Be put in writing.
(2)
Include a statement of the reasons why it is being issued.
(3)
Allow a reasonable time for the performance of any act
it requires.
(4)
Be served upon the owner or his agent, or 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.
C.
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.
Any person affected by any notice which has been issued in connection
with the enforcement of any provision 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 Board of Commissioners of Marple Township, or a committee
appointed by the Board of Commissioners, 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 three days
after the day the notice was served. Upon receipt of such petition the Board
of Commissioners, or its appointed committee, shall set a time and place for
such hearing and shall give the 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 Board of Commissioners or its appointed committee may sustain,
modify or withdraw the notice of the violations on the basis of the findings
of the hearing and shall give the 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 Board
of Commissioners within five days of receiving the notice, asking the entire
Board of Commissioners to hear the case and make the ruling. Any person aggrieved
by the decision of the Board of Commissioners may seek relief therefrom in
any court of competent jurisdiction, as provided by the laws of this state.
Any notice served pursuant to § 170-53 of this chapter shall automatically become an order if a written petition is not filed in the office of the Housing Officer within three days after such notice is filed.
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 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 Board of Commissioners, shall be afforded a hearing
as soon as possible. After such hearing, depending upon the findings of the
Board 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.
A.
Whenever the Housing Officer finds that a dwelling 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 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 § 170-53. Any dwelling 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 Board of Commissioners.
