Borough of Girard, PA
Erie County
By using eCode360 you agree to be legally bound by the Terms of Use. If you do not agree to the Terms of Use, please do not use eCode360.
Table of Contents
Table of Contents
[HISTORY: Adopted by the Borough Council of the Borough of Girard 10-17-1994 by Ord. No. 631 (Ch. XIII, Part 1, of the 1974 Code of Ordinances). Amendments noted where applicable.]
GENERAL REFERENCES
Construction — See Ch. 145.
Electric rates — See Ch. 168.
Fire prevention and fire protection — See Ch. 199.
Grass, weeds and other vegetation — See Ch. 217.
Nuisances; dangerous buildings — See Ch. 266.
Numbering of buildings — See Ch. 270.

§ 228-1 Definitions; word usage.

A. 
The following definitions shall apply in the interpretation and enforcement of this chapter:
BASEMENT
A portion of a building located partly underground, but having less than half its clear floor-to-ceiling height below the average grade of the adjoining ground.
BOROUGH MANAGER
The legally designated authority of the Borough of Girard, or his authorized representative.
CELLAR
A portion of a building located partly or wholly underground and having half or more than half of its clear floor-to-ceiling height below the average grade of the adjoining ground.
DWELLING
Any building which is wholly or partly used or intended to be used for living or sleeping by human occupants, provided that temporary housing as hereinafter defined shall not be regarded as a dwelling.
DWELLING UNIT
Any room or group of rooms located within a dwelling and forming a single habitable unit with facilities which 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 methods approved by the Borough Manager.
GARBAGE
The animal and vegetable waste resulting from the handling, preparation, cooking and consumption of food.
HABITABLE ROOM
A room or enclosed floor space used or intended to be used for living, sleeping, cooking or eating purposes, excluding bathrooms, water closet compartments, laundries, pantries, foyers or communicating corridors, closets and storage spaces.
INFESTATION
The presence, within or around a dwelling, of any insects, rodents, or other pests.
MULTIPLE DWELLING
Any dwelling containing more than two dwelling units.
OCCUPANT
Any person, over one year of age, living, sleeping, cooking or eating in, or having actual possession of, a dwelling unit or rooming unit.
OPERATOR
Any person who has charge, care or control of a building, or part thereof, in which dwelling units or rooming units are let.
ORDINARY MINIMUM WINTER CONDITIONS
The temperature 15° F. above the lowest recorded temperature for the previous ten-year period.
OWNER
Any person who, alone or jointly or severally with others:
(1) 
Shall have legal title to any dwelling or dwelling unit, with or without accompanying actual possession thereof; or
(2) 
Shall have charge, care or control of any dwelling or dwelling unit, as owner or agent of the owner, or as executor, executrix, administrator, administratrix, trustee or guardian.
PERSON
Any individual, firm, corporation, association or partnership.
PLUMBING
All of the following supplied facilities and equipment: gas pipes, gas-burning equipment, water pipes, garbage disposal units, waste pipes, water closets, sinks, installed dishwashers, lavatories, bathtubs, shower baths, installed clothes-washing machines, catch basins, drains, vents, and any other similar supplied fixtures, together with all connections to water, sewer or gaslines.
ROOMING HOUSE
Any dwelling, or that part of any dwelling containing one or more rooming units, in which space is let by the owner or operator to three or more persons who are not husband or wife, son or daughter, mother or father, or sister or brother of the owner or operator.
ROOMING UNIT
Any room or group of rooms forming a single habitable unit used or intended to be used for living and sleeping, but not for cooking or eating purposes.
RUBBISH
Combustible and noncombustible waste materials, except garbage; and the term shall include the residue from the burning of wood, coal, coke and other combustible material, paper, rags, cartons, boxes, wood, excelsior, rubber, leather, tree branches, yard trimmings, tin cans, metals, mineral matter, glass crockery and dust.
SUPPLIED
Paid for, furnished, or provided by or under the control of the owner or operator.
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 utility system on the same premises for more than 30 consecutive days.
B. 
Meanings of certain words. Whenever the words "dwelling," "dwelling unit," "rooming house," "rooming unit" and "premises" are used in this chapter, they shall be construed as though they were followed by the words "or any part hereof."

§ 228-2 Inspections.

The Borough Manager is hereby authorized and directed to make inspections to determine the condition of dwellings, dwelling units, rooming units and premises located within the Borough of Girard in order that he may perform his duty of safeguarding the health and safety of the occupants of dwellings and of the general public. For the purpose of making such inspections, the Borough Manager is hereby authorized to enter, examine and survey at all reasonable times all dwellings, dwelling units, rooming units and premises. The owner or occupant of every dwelling, dwelling unit and rooming unit, or the person in charge thereof, shall give the Borough Manager free access to such dwelling, dwelling unit or rooming unit and its premises at all reasonable times for the purpose of such inspection, examination and survey. Every occupant of a dwelling or dwelling unit shall give the owner thereof, or his agent or employee, access to any part of such dwelling or dwelling unit, or its premises, at all reasonable times for the purpose of making such repairs or alterations as are necessary to effect compliance with the provisions of this chapter or with any lawful rule or regulation adopted or any lawful order issued pursuant to the provisions of this chapter.

§ 228-3 Enforcement; service of notices and orders; hearings.

A. 
Whenever the Borough Manager determines that there are reasonable grounds to believe that there has been a violation of any provision of this chapter or of any rule or regulation adopted pursuant thereto, he shall give notice of such alleged violation to the person or persons responsible therefor, as hereinafter provided:
(1) 
Such notice shall:
(a) 
Be put in writing.
(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 the occupant, as the case may require, provided that such notice shall be deemed to be properly served upon such owner or agent, or upon such occupant, if a copy thereof is served upon him personally or if a copy thereof is sent by certified mail to his last known address or if a copy thereof is posted in a conspicuous place in or about the dwelling affected by the notice or if he is served with such notice by any other method authorized or required under the laws of the State of Pennsylvania.
(2) 
Such notice may:
(a) 
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.
B. 
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 Borough Manager, provided that such person shall file in the office of the Borough Manager a written petition requesting such hearing and setting forth a brief statement of the grounds therefor within 10 days after the day the notice was served. Upon receipt of such petition, the Borough Manager 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 personally or by counsel and to show why such notice should be modified or withdrawn. The hearing shall be commenced not later than 10 days after the day on which the petition was filed, provided that, upon application of the petitioner, the Borough Manager may postpone the date of the hearing for a reasonable time beyond such ten-day period if, in his judgement, the petitioner has submitted a good and sufficient reason for such postponement.
C. 
After such hearing, the Borough Manager shall sustain, modify or withdraw the notice, depending upon his findings as to whether the provisions of this chapter and of the rules and regulations adopted pursuant thereto have been complied with. If the Borough Manager sustains or modifies such notice, it shall be deemed to be an order. Any notice served pursuant to Subsection A of this section shall automatically become an order if a written petition for a hearing is not filed in the office of the Borough Manager within 10 days after such notice is served. After a hearing in the case of any notice suspending any permit required by this chapter or by any rule or regulation adopted pursuant thereto, when such notice has been sustained by the Borough Manager, the permit shall be deemed to have been revoked. Any such permit which has been suspended by a notice shall be deemed to be automatically revoked if a petition for hearing is not filed in the office of the Borough Manager within 10 days after such notice is served.
D. 
The proceedings at such hearing, including the findings and decision of the Borough Manager, shall be summarized, reduced to writing and entered as a matter of public record in the office of the Borough Manager. Such record shall also include a copy of every notice or order issued in connection with the matter. Any person aggrieved by the decision of the Borough Manager may seek relief therefrom in any court of competent jurisdiction, as provided by the laws of this state.
E. 
Whenever the Borough Manager finds that an emergency exists which requires immediate action to protect the public health, he may, without notice or hearing, 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 Manager, shall be afforded a hearing as soon as possible. After such hearing, depending upon his finding as to whether the provisions of this chapter and of the rules and regulations adopted pursuant thereto have been complied with, the Borough Manager shall continue such order in effect or modify it or revoke it.
F. 
Upon determination by the Borough Manager that a violation of this chapter has occurred, the following action shall be taken:
(1) 
The Borough Manager shall direct a registered or certified letter notice to the owner of such property. The owner shall be determined by reviewing the county tax assessment records of the most current year. Said letter shall be mailed to the address as determined by such records.
(2) 
The said letter notice shall inform the said owner as to the violation of this chapter, citing the reason for violation, giving the owner 15 days to remove the reason for the violation, advising that, in default thereof, the Borough will remove the cause of violation by the use of its own personnel and equipment and/or cause the structure to be destroyed by fire, through the use of a volunteer fire company, and/or hereby contract a private person to effectuate such removal. Girard Borough may collect the cost of such repair, vacation or demolition, together with a penalty of 10% of such cost, in the manner provided by law; or Girard Borough may seek injunctive relief in a court of competent jurisdiction pursuant to the Rules of Civil Procedure, or a combination of the above, and charge the cost thereof to such owner.

§ 228-4 Adoption of rules and regulations.

The Borough Manager is hereby authorized to make and, after a public hearing has been held in accordance with the laws governing the conduct of public hearings by the Borough Manager, to adopt such written rules and regulations as may be necessary for the proper enforcement of the provisions of this chapter, provided that such rules and regulations shall not be in conflict with the provisions of this chapter. The Borough Manager shall file a certified copy of all rules and regulations in the Borough office. 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, as hereinafter provided.

§ 228-5 Basic equipment and facilities.

No person shall occupy as owner-occupant or let to another for occupancy any dwelling or dwelling unit, for the purpose of living, sleeping, cooking or eating therein, which does not comply with the following requirements:
A. 
Every dwelling unit shall contain a kitchen sink in good working condition and properly connected to a water and sewer system approved by the Borough Manager.
B. 
Every dwelling unit shall contain a room which affords privacy to a person within said room and which is equipped with a flush water closet and a lavatory basin in good working condition and properly connected to a water and sewer approved by the Borough Manager.
C. 
Every dwelling unit shall contain, within a room which affords privacy to a person within said room, a bathroom or shower in good working condition and properly connected to a water and sewer system approved by the Borough Manager.
D. 
Every kitchen sink, lavatory basin, and bathtub or shower required under the provisions of Subsections A, B and C of this section shall be properly connected with both hot and cold water lines.
E. 
Every dwelling unit shall be supplied with adequate rubbish storage facilities, type and location of which are approved by the Borough Manager.
F. 
Every dwelling unit shall have adequate garbage disposal facilities or garbage storage containers, type and location of which are approved by the Borough Manager.
G. 
Every dwelling shall have supplied water heating facilities which are properly installed, are maintained in safe and good working condition, are properly connected with the hot water lines required under the provisions of Subsection D of this section and are capable of heating water to such a temperature as to permit an adequate amount of water to be drawn at every required kitchen sink, lavatory basin, bathtub or shower at a temperature of not less than 120° F. Such supplied water heating facilities shall be capable of meeting the requirements of this subsection when the dwelling or dwelling unit heating facilities required under the provisions of § 228-6E of this chapter are not in operation.
H. 
Every dwelling unit shall have safe, unobstructed means of egress leading to safe and open space at ground level, as required by the laws of Pennsylvania and Borough of Girard.

§ 228-6 Light, ventilation and heating.

No person shall occupy as owner-occupant or let to another for occupancy any dwelling or dwelling unit, for the purpose of living therein, which does not comply with the following requirements:
A. 
Every habitable room shall have at least one window or skylight facing directly to the outdoors. The minimum total window area, measured between stops, for every habitable room shall be 10% of the floor area of such room. Whenever walls or other portions of structures face a window of any such room and such light-obstruction structures are located less than three feet from the window and extend to a level above that of the ceiling of the room, such a window shall not be deemed to face directly to the outdoors and shall not be included as contributing to the required minimum total window area. Whenever the only window in a room is a skylight-type window in the top of such room, the total window area of such skylight shall equal at least 15% of the total floor area of such room.
B. 
Every habitable room shall have at least one window or skylight which can easily be opened, or such other device as will adequately ventilate the room. The total openable window area in every habitable room shall be equal to at least 45% of the minimum window area size or minimum skylight-type window size, as required in Subsection A, except where there is supplied some other device affording adequate ventilation and approved by the Borough Manager.
C. 
Every bathroom and water closet compartment shall comply with the light and ventilation requirements for habitable rooms contained in Subsections A and B, except that no window or skylight shall be required in adequately ventilated bathrooms and water closet compartments equipped with a ventilation system which is kept in continuous operation and approved by the Borough Manager.
D. 
Where there is electric service available from power lines which are not more than 300 feet away from a dwelling, every habitable room of such dwelling shall contain at least two separate floor or wall-type electric convenience outlets, or one such convenience outlet and one supplied ceiling-type electric light fixture, and every water closet compartment, bathroom, laundry room, furnace room and public hall shall contain at least one supplied ceiling or wall-type electric light fixture. Every such outlet and fixture shall be properly installed, shall be maintained in good and safe working condition and shall be connected to the source of electric power in a safe manner.
E. 
Every dwelling shall have heating facilities which are properly installed, are maintained in safe and good working condition and are capable of safely and adequately heating all habitable rooms, bathrooms, and water closet compartments in every dwelling unit located therein to a temperature of at least 70° F., at a distance three feet above floor level, under ordinary minimum winter conditions.
F. 
Every public hall and stairway in every multiple dwelling containing five or more dwelling units shall be adequately lighted at all times. Every public hall and stairway in structures devoted solely to dwelling occupancy and containing not more than four dwelling units may be supplied with conveniently located light switches, controlling an adequate lighting system which may be turned on when needed, instead of full-time lighting.
G. 
During that portion of each year when the Borough Manager deems it necessary for protection against mosquitoes, flies and other insects, every door opening directly from a dwelling unit to outdoor space shall have supplied screens and a self-closing device, and every window or other device with openings to outdoor space, used or intended to be used for ventilation, shall likewise be supplied with screens, provided that such screens shall not be required during such period in rooms deemed by the Borough Manager to be located high enough in the upper stories of buildings as to be free from such insects and in rooms located in areas of this Borough which are deemed by the Borough Manager to have so few such insects as to render screens unnecessary.
H. 
Every basement or cellar window used or intended to be used for ventilation, and every other opening to a basement which might provide an entry for rodents, shall be supplied with a screen or such other device as will effectively prevent their entrance.

§ 228-7 Property maintenance standards; safety standards.

No person shall occupy as owner-occupant or let to another for occupancy any dwelling or dwelling unit, for the purpose of living therein, which does not comply with the following requirements:
A. 
Every foundation, floor, wall, ceiling and roof shall be reasonably weathertight, watertight and rodentproof, shall be capable of affording privacy and shall be kept in good repair.
B. 
Every window, exterior door and basement hatchway shall be reasonably weathertight, watertight and rodentproof and shall be kept in sound working condition and good repair.
C. 
Every inside and outside stair, every porch and 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 good repair.
D. 
Every plumbing fixture and water and waste pipe shall be properly installed and maintained in good sanitary working condition, free from defects, leaks and obstructions.
E. 
Every water closet compartment floor surface and bathroom floor surface shall be constructed and maintained so as to be reasonably impervious to water and so as to permit such floor to be easily kept in a clean and sanitary condition.
F. 
Every supplied facility, piece of equipment or utility which is required under this chapter shall be so constructed or installed that it will function safely and effectively and shall be maintained in satisfactory working condition.
G. 
No owner, operator or occupant shall cause any service, facility, equipment or utility which is required under this chapter to be removed from or shut off from or discontinued for any occupied dwelling let or occupied by him, except for such temporary interruption as may be necessary while actual repairs or alterations are in process, or during temporary emergencies when discontinuance of service is approved by the Borough Manager.
H. 
No owner shall occupy or let to any other occupant any vacant dwelling unit unless it is clean, sanitary and fit for human occupancy.

§ 228-8 Minimum space, use and location requirements.

No person shall occupy or let to another for occupancy any dwelling or dwelling unit, for the purpose of living therein, which does not comply with the following requirements:
A. 
Every dwelling unit shall contain at least 150 square feet of floor space for the first occupant thereof and at least 100 additional square feet of floor space for every additional occupant thereof, the floor space to be calculated on the basis of total habitable room area.
B. 
In every dwelling unit of two or more rooms, every room occupied for sleeping purposes by one occupant shall contain at least 70 square feet of floor space, and every room occupied for sleeping purposes by more than one occupant shall contain at least 50 square feet of floor space for each occupant thereof.
C. 
No dwelling or dwelling unit containing two or more sleeping rooms shall have such room arrangements 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.
D. 
At least 1/2 of the floor area of every habitable room shall have a ceiling height of at least seven feet, and the floor area of that part of any room where the ceiling height is less than five feet shall not be considered as part of the floor area in computing the total floor area of the room for the purpose of determining the maximum permissible occupancy thereof.
E. 
No cellar space shall be used as a habitable room or dwelling unit.
F. 
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 total of window area in each room is equal to at least the minimum window area sizes as required in § 228-6A.
(3) 
Such required minimum window area is located entirely above the grade of the ground adjoining such window area.
(4) 
The total of operable window area in such room is equal to at least the minimum as required under § 228-6B, except where there is supplied some other device affording adequate ventilation and approved by the Borough Manager.

§ 228-9 Responsibilities of owners and occupants.

A. 
Every owner of a dwelling containing two or more dwelling units shall be responsible for maintaining in a clean and sanitary condition the shares or public areas of the dwelling and premises thereof.
B. 
Every occupant of a dwelling or dwelling unit shall keep in a clean and sanitary condition that part of the dwelling, dwelling unit and premises thereof which he occupies and controls.
C. 
Every occupant of a dwelling or dwelling unit shall dispose of all his rubbish in a clean and sanitary manner by placing it in the rubbish containers required by § 228-5F.
D. 
Every occupant of a dwelling unit shall dispose of all his garbage and any other organic waste which might provide food for rodents in a clean and sanitary manner by placing it in the garbage disposal facilities or garbage storage containers required by § 228-5F. It shall be the responsibility of the owner to supply such facilities or containers for all dwelling units in a dwelling containing more than four dwelling units and for all dwelling units located on premises where more than four dwelling units share the same premises. In all other cases, it shall be the responsibility of the occupant to furnish such facilities or containers.
E. 
Every occupant of a dwelling unit shall be responsible for hanging all screens and double or storm doors and windows whenever the same are required under the provisions of this chapter or of any rule or regulation adopted pursuant thereto, except where the owner has agreed to supply such service.
F. 
Every occupant of a dwelling containing a single dwelling unit shall be responsible for the extermination of any insects, rodents or other pests therein or on the premises; and every occupant of a dwelling unit in a dwelling containing more than one dwelling unit shall be responsible for such extermination whenever his dwelling unit is the only one infested. Notwithstanding the foregoing provisions of this subsection, whenever infestation is caused by failure of the owner to maintain a dwelling in a ratproof or reasonably insectproof condition, extermination shall be the responsibility of the owner. Whenever infestation exists in two or more of the dwelling units in any dwelling units, extermination thereof shall be the responsibility of the owner.
G. 
Every occupant of a dwelling unit shall keep all plumbing fixtures therein in a clean and sanitary condition and shall be responsible for the exercise of reasonable care in the proper use and operation thereof.

§ 228-10 Rooming houses.

No person shall operate a rooming house or shall occupy or let to another for occupancy any rooming unit in any rooming house, except in compliance with the provisions of every section of this chapter, except the provisions of §§ 228-5 and 228-9.
A. 
No person shall operate a rooming house unless he holds a valid rooming house permit issued by the Borough Manager in the name of the operator and for the specific dwelling or dwelling unit. The operator shall apply to the Borough Manager for such permit, which shall be issued by the Borough Manager upon compliance by the operator with the applicable provisions of this chapter and of any rules and regulations adopted pursuant thereto. This permit shall be displayed in a conspicuous place within the rooming house at all times. No such permit shall be transferable. Every person holding such a permit shall give notice in writing to the Borough Manager within 24 hours after having sold, transferred, given away or otherwise disposed of ownership of, interest in or control of any rooming house. Such notice shall include the name and address of the person succeeding to the ownership or control of such rooming house. Every rooming house permit shall expire at the end of one year following its date of issuance, unless sooner suspended or revoked as hereinafter provided.
B. 
Any person whose application for a permit to operate a rooming house has been denied may request and shall be granted a hearing on the matter before the Borough Manager, under the procedure provided by § 228-3 of this chapter.
C. 
Whenever upon inspection of any rooming house the Borough Manager finds that conditions or practices exist which are in violation of any provision of this chapter or of any rule or regulation adopted pursuant thereto, the Borough Manager shall give notice in writing to the operator of such rooming house that unless such conditions or practices are corrected within a reasonable period, to be determined by the Borough Manager, the operator's rooming house permit will be suspended. At the end of such period, the Borough Manager shall reinspect such rooming house, and if he finds that such conditions or practices have not been corrected, he shall give notice in writing to the operator that the latter's permit has been suspended. Upon receipt of notice of suspension, such operator shall immediately cease operation of such rooming house, and no person shall occupy for sleeping or living purposes any rooming unit therein.
D. 
Any person whose permit to operate a rooming house has been suspended, or who has received notice from the Borough Manager that his permit is to be suspended unless existing conditions or practices at his rooming house are corrected, may request and shall be granted a hearing on the matter before the Borough Manager, under the procedure provided by § 228-3 of this chapter, provided that, if no petition for such hearing is filed within 10 days following the day on which such permit was suspended, such permit shall be deemed to have been automatically revoked.
E. 
At least one flush water closet, lavatory basin, and bathtub or shower, properly connected to a water and sewer system approved by the Borough Manager and in good working condition, shall be supplied for each eight persons or fraction thereof residing within a rooming house, including members of the operator's family whenever they share the use of the said facilities, provided that, in a rooming house where rooms are let only to males, flush urinals may be substituted for not more than 1/2 the required number of water closets. All such facilities shall be so located within the dwelling as to be reasonably accessible from a common hall or passageway to all persons sharing such facilities. Every lavatory basin and bathtub or shower shall be supplied with hot water at all times. No such facilities shall be located in a basement except by written approval of the Borough Manager.
F. 
The operator of every rooming house shall change supplied bed linen and towels therein at least once each week and prior to the letting of any room to any occupant. The operator shall be responsible for the maintenance of all supplied bedding in a clean and sanitary manner.
G. 
Every room occupied for sleeping purposes by one person shall contain at least 70 square feet of floor space, and every room occupied for sleeping purposes by more than one person shall contain at least 50 square feet of floor space for each occupant thereof.
H. 
Every rooming unit shall have safe, unobstructed means of egress leading to safe and open space at ground level, as required by the laws of this state and this Borough.
I. 
The operator of every rooming house shall be responsible for the sanitary maintenance of all walls, floors and ceilings and the maintenance of a sanitary condition in every other part of the rooming house, and he shall be further responsible for the sanitary maintenance of the entire premises where the entire structure or building is leased or occupied by the operator.

§ 228-11 Unfit dwellings; condemnation procedure.

The designation of dwellings or dwelling units as unfit for human habitation and the procedure for the condemnation and placarding of such unfit dwellings or dwelling units shall be carried out in compliance with the following requirements:
A. 
Any dwelling or dwelling unit which shall be found to have any of the following defects shall be condemned as unfit for human habitation and shall be so designated and placarded by the Borough Manager:
(1) 
One which is so damaged, decayed, dilapidated, unsanitary, unsafe or vermin-infested that it creates a serious hazard to the health or safety of the occupants or of the public.
(2) 
One which lacks illumination, ventilation or sanitation facilities adequate to protect the health or safety of the occupants or of the public.
(3) 
One which, because of its general condition or location, is unsanitary or otherwise dangerous to the health or safety of the occupants or of the public.
B. 
Any dwelling or dwelling unit condemned as unfit for human habitation, and so designated and placarded by the Borough Manager, shall be vacated within a reasonable time as ordered by the Borough Manager.
C. 
No dwelling unit which has been condemned and placarded as unfit for human habitation shall again be used for human habitation until written approval is secured from, and such placard is removed by, the Borough Manager. The Borough Manager shall remove such placard whenever the defect or defects upon which the condemnation and placarding action were based have been eliminated.
D. 
No person shall deface or remove the placard from any dwelling or dwelling unit which has been condemned as unfit for human habitation and placarded as such, except as provided in Subsection C.
E. 
Any person affected by any notice or order relating to the condemning and placarding of a dwelling or dwelling unit for human habitation may request and shall be granted a hearing on the matter before the Borough Manager, under the procedure set forth in § 228-3 of this chapter.

§ 228-12 Violations and penalties. [1]

Any person who violates or permits a violation of this chapter shall, upon being found liable therefor in a civil enforcement proceeding commenced by the Borough before a Magisterial District Judge, pay a fine of not more than $600, plus all court costs, including reasonable attorneys' fees, incurred by the Borough in the enforcement of this chapter. No judgment shall be imposed until the date of the determination of the violation by the Magisterial District Judge. If the defendant neither pays nor timely appeals the judgment, the Borough may enforce the judgment pursuant to the applicable Rules of Civil Procedure. Each day a violation exists shall constitute a separate offense. Further, the appropriate officers or agents of the Borough are hereby authorized to seek equitable relief, including injunction, to enforce compliance herewith.
[1]:
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).

§ 228-13 Conflicting provisions.

In any case where a provision of this chapter is found to be in conflict with a provision of any zoning, building, fire, safety, or health ordinance or code of this Borough existing on the effective date of this chapter, the provision which establishes the higher standard for the promotion and protection of the health and safety of the people shall prevail. In any case where a provision of this chapter is found to be in conflict with a provision of any other ordinance or code of this Borough existing on the effective date of this chapter which establishes a lower standard for the promotion and protection of the health and safety of the people, the provisions of this chapter shall be deemed to prevail, and such other ordinances or codes are hereby declared to be repealed to the extent that they may be found in conflict with this chapter.