[Adopted 12-11-1961 by Ord. No. 760]
It is hereby declared that inadequate provisions for light and
air, insufficient protection against fire, unsanitary conditions,
improper heating, overcrowding, dilapidation and disrepair of structures
and premises, and the occupancy or existence of dwellings unfit for
human habitation endanger the health, safety, morals, welfare and
reasonable comfort of the community and that the establishment and
maintenance of proper housing standards and the rehabilitation of
housing are essential to the public health, safety and welfare.
A.
Expanded
meanings of certain words.
(1)
Whenever
the words "dwelling," "dwelling unit," "rooming house," "rooming unit,"
"premises" are used in this article, they shall be construed as though
they were followed by the words "or any part thereof."
(2)
Words
used in the singular number include the plural, and words in the plural
number include the singular; the word "building" includes the word
"structure."
B.
BASEMENT
BOARD OF CODE APPEALS
BOROUGH
BOROUGH COUNCIL
CELLAR
CODE OFFICIAL
DWELLING
DWELLING UNIT
DWELLING UNIT FOR HUMAN HABITATION
EXTERMINATION
GARBAGE
HABITABLE ROOM
INFESTATION
MULTIPLE DWELLING
OCCUPANTS
OPERATOR
OWNER
PERSON
PLUMBING
PUBLIC AUTHORITY
ROOMING HOUSE
ROOMING UNIT
RUBBISH
STRUCTURES
SUBSTANDARD STRUCTURE
SUPPLIED
TEMPORARY HOUSING
The following
terms, wherever used or referred to in this article, shall have the
following respective meanings, which definitions shall apply in the
interpretation and enforcement of this article unless a different
meaning clearly appears from the context:
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.
The legally designated person or persons appointed by the
Borough Council and authorized to hear appeals.[1]
Borough of Ambridge, Beaver County, Pennsylvania.
The duly elected members of the Borough Council of the Borough
of Ambridge, Beaver County, Pennsylvania.[2]
A portion of a building located partly or wholly underground
and having half or more than half of its floor-to-ceiling height below
the average grade of the surrounding ground.
Such person or persons as may be designated by the Borough
Council of the Borough of Ambridge and authorized to enforce the provisions
of this article.[3]
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.
Any room or group of rooms, together with the means of ingress
or egress thereto, 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.
Any dwelling which, by reason of overcrowding or serious
deficiencies in drainage, plumbing, water supply, light, heat, ventilation,
floor area and rodent or pest control facilities or by reason of dilapidation,
disrepair or other similar conditions, or because of the need for
major repairs to the roofs, walls, ceilings, floors, stairs or other
parts of the dwelling, is unsanitary or unsafe and constitutes a serious
hazard to the health, safety or welfare of the occupants of the dwelling
or to the public.
The control and elimination of insects, rodents or other
pests by elimination their harborage places; by removing or making
inaccessible materials that may serve as food; by poisoning, spraying,
fumigating, trapping or by any other recognized and legal pest elimination
methods approved by the Health Officer.
Animal and vegetable waste resulting from the handling, preparation,
cooking and consumption of food.
A room or enclosed floor space used for or intended to be
used for living, sleeping, cooking or eating purposes, excluding bathrooms,
water closet compartments, laundries, pantries, communicating corridors,
closets and storage places.
The presence, within or around a building, of any insects,
rodents or other pests.
Any dwelling containing two or more dwelling units.
Any person over one year of age living, sleeping, cooking
or eating in or having actual possession of a dwelling unit or rooming
unit.
Any person who has charge, care or control of a building,
or part thereof, in which dwelling units or rooming units are let.
Any person who, alone or jointly or severally with others,
shall have legal title to any dwelling or dwelling unit, with or without
accompanying actual possession thereof; or 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 of the estate of the owners. Any such person thus representing
the actual owner shall be bound to comply with the provisions of this
article to the same extent as if he were the owner.
Any individual, firm, corporation, association or partnership.
Includes all of the following supplied facilities and equipment:
gas pipes, gas-burning and oil-burning equipment, water pipes, garbage
disposal units, waste pipes, water closets, sinks, installed dishwashers,
lavatories, bathtubs, shower baths, installed clothes-washing and
clothes-drying machines, catch basins, drains, vents and any similar
supplied fixtures, together with all connections to water, sewer or
gas lines.
The Borough, the Borough Planning Commission, the Beaver
County Redevelopment Authority, the Housing Authority of the County
of Beaver, or any of their authorized officers or employees; or any
officer, employee or agent who is in charge of any department or branch
of the government of the Borough or of the Commonwealth of Pennsylvania
and County of Beaver relating to health, fire, building or zoning
regulations or other activities concerning dwellings or buildings
in the Borough.
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.
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.
Combustible and noncombustible waste materials, except garbage;
and the term shall include the residue from burning wood, coal, coke
and other combustible materials, paper, rags, cartons, boxes, wood,
excelsior, rubber, leather, tree branches, yard trimmings, tin cans,
metals, mineral matter, glass and crockery.
Buildings of all kinds, including partial and incomplete
buildings and foundations, trailers of all kinds and all mobile habitable
units, with or without wheels.
One which by reason of structural defects, dilapidation,
lack of sanitary facilities, light or ventilation, overcrowding, faulty
design or a combination of these conditions is detrimental to the
health, safety and morals of the occupants and of the general public.
Paid for, furnished or provided by or under the control of
the owner or operator.
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 on the
same premises for more than 30 consecutive days.
It is found, as a fact, that there exist in the Borough dwellings
and dwelling units which are unfit for human habitation and buildings
which are dangerous due to dilapidation, defects increasing the hazards
of fire, accident or other calamities, lack of ventilation, light
or sanitary facilities and due to other conditions rendering such
dwellings and dwelling units unsafe or unsanitary or dangerous or
detrimental to the health, safety or morals or otherwise inimical
to the welfare of the residents of the Borough and to the Borough
itself.
The Code Enforcement Officer is hereby authorized and directed
to make inspection to determine the condition of dwellings, dwelling
units, rooming units and premises located within the Borough 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 Code Enforcement Officer 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, rooming unit or the person
in charge thereof shall give the Code Enforcement Officer 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 unit or dwelling 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 article or with any
lawful rule or regulation adopted or any lawful order issued pursuant
to the provisions of this article.
The Code Enforcement Officer shall make a preliminary survey
in any area of the Borough to determine the general condition of the
structures in that area, the extent of dilapidation of structures,
and the unsafe and unsanitary conditions which may exist.
A.
The Code Enforcement Officer shall make periodic inspections of any dwelling vacated as unfit for human habitation or any other vacant structure. Wherever an inspection of the structure discloses that the structure by reason of its being a rat harborage or for any other reason has become a public nuisance or a hazard to the health, safety or welfare of the public, the Code Enforcement Officer shall issue a written notice requiring the owner, within a reasonable time specified in the notice, to rectify the conditions constituting the nuisance or to remove or demolish the structure. Such removal or demolition shall not be ordered unless the cost of such repair, alteration or improvement shall exceed 50% of the value of the structure. Service of the notice shall be made in accordance with § 110-20 of this article.
B.
If the owner fails to rectify said conditions and the cost of rectifying
the same shall be less than 50% of the value of the structure, the
Code Enforcement Officer may make such repairs, alterations or improvements.
The amount of such cost of such alterations, improvements, vacating
and closing, removal or demolition shall be a municipal lien against
the real estate upon which the cost was incurred. If the structure
is removed or demolished by the order of the Code Enforcement Officer,
he shall sell the materials of such structure for the best price attainable
and shall credit the proceeds of such sale against the cost of removal
or demolition, and any balance remaining shall be disbursed to the
owner or paid into the office of the Prothonotary of Beaver County
in accordance with existing law for payment of money into court.
A.
If any order issued and served in accordance with this article is
not complied with within the time specified therein, the dwelling,
dwelling unit or building with respect to which the order has been
issued is hereby declared to be a public nuisance, and it shall be
unlawful for any person, firm or corporation that has knowledge of
the issuance of the said order to occupy as a human habitation or
in any manner use the said dwelling, dwelling unit or building or
any part thereof or to suffer or permit same, or any part thereof,
to be occupied as a human habitation or used in any manner.
B.
No person, firm or corporation shall, without the written consent
of the Code Enforcement Officer, remove or permit the removal of any
complaint, notice or order posted in accordance with the provisions
of this article.
C.
When the Code Enforcement Officer finds that a dwelling or dwelling
unit or building is unfit for human habitation or is dangerous within
the meaning of this article and has notified the owner to such effect
and the time limit set by the Code Enforcement Officer for the correction
of the defects, for the repair, alteration, improvements or for the
vacation, closing or removal of same has expired, no person shall
receive rentals, offer rent or occupy same as a human habitation or
for any other purpose.
D.
All persons, firms and corporations shall obey the provisions of
this article and every order and process issued by the Code Enforcement
Officer under this article and shall not interfere with the lawful
activities and duties imposed upon the Code Enforcement Officer by
this article.
A.
Issuance of notice. Whenever the Code Enforcement Officer determines
that there are reasonable grounds to believe that there has been a
violation of any provisions of this article or of any rules or regulations
adopted pursuant thereto, he shall give notice of such alleged violation
to the person or persons responsible therefor, as hereinafter provided.
Such notice shall be put in writing; include a statement of the reasons
why it is being issued; allow reasonable time for the performance
of any act it requires; 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 registered 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 this state.
Such notice may contain an outline of remedial action which, if taken,
will effect compliance with the provisions of this article and with
rules and regulations adopted pursuant thereto.
B.
Hearing.
(1)
Any person affected by any notice which has been issued in connection
with the enforcement of any provisions of this article or of any rule
or regulation adopted pursuant thereto may request and shall be granted
a hearing on the matter before the Board of Appeals, provided such
person file in the office of the Board of Appeals 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 Board of Appeals 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 10 days after the day
on which the petition was filed, provided that, upon application of
the petitioner, the Board of Appeals may postpone the date of the
hearing for a reasonable time beyond such ten-day period, if in its
judgment the petitioner has submitted a good and sufficient reason
for such postponement.
(2)
After such hearing, the Board of Appeals shall sustain, modify or
withdraw the notice, depending upon its finding as to whether the
provisions of this article and of the rules and regulations adopted
pursuant thereto have been complied with. If the Board of Appeals
sustains or modifies such notice, it shall be deemed to be an order.
Any notice served pursuant to this article shall automatically become
an order if a written petition for a hearing is not filed in the office
of the Board of Appeals within 10 days after such notice is served.
The proceeding at such hearing, including the findings and decision
of the Board of Appeals, shall be summarized, reduced to writing,
and entered as a matter of public record in the office of the Board
of Appeals. 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 Board of Appeals may seek relief therefrom
in any court of competent jurisdiction, as provided by the laws of
the Commonwealth of Pennsylvania.
C.
Emergency provision. Whenever the Code Enforcement Officer 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 emergency and requiring that such action
be taken as he deems necessary to meet the emergency. Notwithstanding
the other provisions of this article, 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 Appeals,
shall be afforded a hearing as soon as possible. After such hearing,
depending upon the Board's finding as to whether the provisions of
this article and of the rules and regulations adopted pursuant thereto
have been complied with, the Code Enforcement Officer shall continue
such order in effect or modify it or revoke it.
The Code Enforcement Officer is hereby authorized and empowered
to make and adopt such written rules and regulations as he may deem
necessary for the proper enforcement of the provisions of this article;
provided, however, that such rules and regulations shall not be in
conflict with the provisions of this article, nor in anyway alter,
amend or supersede any of the provisions thereof. The Code Enforcement
Officer shall file a certified copy of all rules and regulations which
he may adopt in the office of the Borough Secretary.
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 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. 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 of openable window
area in every habitable room shall be equal to at least 45% of the
minimum window area or size or minimum skylight-type window size,
as hereinabove provided, except where there is supplied some other
device affording adequate ventilation and approved by the Code Enforcement
Officer or his designated agent.
B.
All existing rooms used or to be used for living purposes must conform
to the requirements for light and air as set forth in this section;
in the event that extreme hardship is encountered in meeting these
requirements, adequate artificial lighting and ventilation may be
approved by the Code Enforcement Officer. The cutting of window space
through an outside wall shall not be deemed a hardship.
[Amended 12-12-1965 by Ord. No. 822]
A.
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:
(1)
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.
(2)
Every
window, exterior door and basement hatchway shall be reasonably weathertight,
watertight, rodentproof, and shall be kept in sound working condition
and good repair. 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.
(3)
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. 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 clean and sanitary condition.
(4)
Every
supply facility, piece of equipment or utility which is located in
any dwelling unit shall be so constructed or installed that it will
function safely and effectively and shall be maintained in satisfactory
working condition. No owner, operator or occupant shall cause any
service, facility, equipment or utility which is located in any dwelling
unit 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 Code Enforcement Officer.
(5)
No
owner shall occupy or let to any other occupant any vacant dwelling
unit unless it is clean, sanitary and fit for human occupancy.
B.
Every building shall provide a safe and unobstructed means of egress.
Every building or usable portion thereof shall have at least one exit.
In all occupancies, areas above the first story having an occupant
load of more than 10 shall have not less than two exits. The number
of exits required from any story of a building shall be determined
by using the occupant load of that story, plus the percentages of
the occupant loads of floors which exit through the level under consideration,
as set forth as follows:
(1)
Fifty percent of the occupant load in the first adjacent story above
(and the first adjacent story below, when a story below exits through
the level under consideration).
(2)
Twenty-five percent of the occupant load in the story immediately
beyond the first adjacent story. The maximum number of exits required
for any story shall be maintained until egress is provided from the
structure.
C.
For the purpose of this section, basements or cellars and occupied
roofs shall be provided with exits as required for stories. Floors
above the second story and basements and cellars used for other than
service of the building shall have not less than two exits. Every
exit door required by this section shall give immediate access to
an improved means of egress from the building.
A.
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:
(1)
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.
(2)
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.
(3)
No
dwelling or dwelling unit containing two or more sleeping rooms shall
have such room arrangement 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.
(4)
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.
B.
No cellar or basement space shall be used as a habitable room or dwelling unit unless the floor and walls are impervious to leakage or underground and surface runoff water and are insulated against dampness; the total of window area in each room is equal to at least the minimum window area sizes as required in § 110-23 of this article; such required minimum window area is located entirely above the grade of the ground adjoining such window area; and the total of openable window area in each room is equal to at least the minimum as required under § 110-23 of this article, except where there is supplied some other device affording adequate ventilation and approved by the Code Enforcement Officer.
C.
No cellar shall be occupied as a dwelling unit or habitable room.
This section shall not be construed to prohibit workrooms, playrooms
or other recreation rooms in cellars. In the event that a cellar is
used as a workroom, playroom or other recreation room it must comply
with the following requirements:
(1)
The floors and walls shall be impervious to leakage of underground
and surface runoff water and protected against dampness. The floors
shall be constructed of material which is easy to keep in a clean
and sanitary condition.
(2)
There shall be adequate lighting and ventilation and a safe and unobstructed
means of egress.
[Amended 12-12-1965 by Ord. No. 822; 8-3-1967 by Ord. No. 844A]
A.
Responsibility for compliance. Except as provided elsewhere in this
section, the responsibility for compliance with the applicable requirements
of this section shall be upon the person who occupies as owner-occupant
or lets to another for occupancy any dwelling, dwelling unit or rooming
unit. Every occupant of a dwelling unit shall keep all electric, heating
and water supply fixtures therein in a clean and sanitary condition
and shall exercise reasonable care in their proper use and operation.
B.
Electricity supply. Every rented dwelling within 300 feet of power
lines shall be supplied with electricity. Every habitable room offered
for rent shall be supplied with electric lighting facilities.
C.
Electric fixtures and outlets.
(1)
Every communicating corridor, public hall and stairway shall contain
at least one ceiling or wall-type electric service. Every outlet and
fixture shall be properly installed, maintained in good and safe working
condition and connected to the source of electric energy in a safe
manner in accordance with the requirements of the National Board of
Fire Underwriters.
(2)
Every public hall and stairway in every rooming house and in every
multiple dwelling containing five or more dwelling units shall be
adequately lighted at all times. Every public hall and stairway in
every other dwelling may have conveniently located light switches
which may be turned on when needed instead of full-time lighting.
The Code Enforcement Officer may require the adequate lighting at
all times of any public hall or stairway leading to one or more dwelling
units or rooming units in any building or structure occupied in part
as a dwelling and in part for industrial or commercial purposes.
D.
Heating.
(1)
Every dwelling shall have heating facilities which are properly installed,
maintained in safe and good working condition, and capable of safely
and adequately heating all habitable rooms, rooms containing a water
closet, bathtub or shower, and communicating corridors in dwelling
units, and communicating corridors from rooming units to rooms containing
a water closet, bathtub or shower. The Code Enforcement Officer may
prohibit the use of any gas- or oil-fired space heater where the heater
may constitute a danger to health or safety.
(2)
Every dwelling shall have heating facilities for water which are
properly installed, maintained in safe and good working conditions,
and capable of safely and adequately heating water for all dwelling
units. The minimum temperature for hot water shall be not less than
120° F.
E.
Water supply. Every dwelling unit and rooming house shall be supplied
with piped running water to provide an adequate, safe and sanitary
water supply to every fixture connected with the water supply and
drainage system.
F.
Installation and maintenance. Every gas pipe, water pipe, garbage
disposal unit, waste pipe, water closet, flush urinal, sink, installed
dishwasher, lavatory basin, vent, gas-burning fixture, any other similar
fixture, together with all connections to water, sewer or gas lines
shall be cleanable and shall be installed and maintained in good,
sanitary working condition, free from defects, leaks and obstructions,
and in accordance with the laws of the Commonwealth of Pennsylvania
and of the ordinances of the Borough. Every kitchen sink, lavatory
basin, water closet, flush urinal, bathtub or shower shall be connected
to the water supply system and to a sewer system which is subject
to the approval of the Code Enforcement Officer.
G.
Kitchen sinks. Every dwelling unit shall contain an installed sink
which shall be located in the kitchen, pantry or utility room.
H.
Water closets, lavatory basins and bathtubs or showers in dwellings
other than rooming houses. Every dwelling unit shall be provided with
at least one flush water closet, lavatory basin and bathtub or shower
within the dwelling unit.
I.
Water closets, lavatory basins and bathtubs or showers in rooming
houses. There shall be at least one flush water closet, one lavatory
basin, one bathtub or shower within every rooming house for each six
persons or fraction thereof, including members of the operator's
family whenever they share the use of said facilities.
Every occupant of a dwelling containing a single dwelling unit
shall be responsible for the extermination of any insects, rodents
or other pests in the dwelling or on the premises. Every occupant
of a dwelling unit in a dwelling containing more than one dwelling
unit shall be responsible for extermination whenever his dwelling
unit is the only one infested, except that, where infestation is caused
by failure of the owner to maintain the dwelling in a rodentproof
or reasonable insectproof condition, extermination shall be the responsibility
of the owner. Whenever infestation exists in two or more of the dwelling
units in any dwelling or in the shared or public parts of any dwelling,
extermination shall be the responsibility of the owner. Whenever infestation
exist in any rooming house, extermination shall be the responsibility
of the operator and/or owner. Whenever infestation exists in any other
structure, extermination shall be the responsibility of the occupant
or the owner, if vacant.
A.
Every dwelling unit shall be supplied by the occupant with adequate
refuse storage facilities or refuse disposal facilities. Refuse storage
facilities shall be made of metal or equivalent material, shall be
watertight and provided with tight covers which shall be kept securely
closed at all times. The type and location of refuse storage facilities
and refuse disposal facilities shall be subject to approval by the
Code Enforcement Officer.
B.
The occupant of every dwelling unit or rooming unit shall be responsible
for the storage of garbage and rubbish in a clean and sanitary manner
in accordance with the provisions of this article and in compliance
with other ordinances of the Borough. Except where otherwise provided
in this section, the occupant of every dwelling unit where an incinerator
is used shall be responsible for the clean and sanitary disposal of
any residue remaining after incineration. Where an incinerator is
used in a rooming house, the owner or operator shall be responsible
for the clean and sanitary disposal of any residue remaining after
incineration.
A.
Drainage. No person shall occupy as owner-occupant or let to another
for occupancy any dwelling unless the premises are properly graded
and drained. Any drainage required by the laws of the Commonwealth
or the ordinances of the Borough shall be constructed in accordance
with such laws or ordinances.
B.
Occupant or operator responsibility.
(1)
Every occupant of a dwelling unit shall keep in a clean and sanitary
condition and free from any accumulation of dirt, refuse, debris or
other matter that part of the dwelling and premises which he occupied
and controls, including the shared and public areas.
(2)
Every means of ingress and egress of commercial establishments shall
be kept unobstructed and free of any accumulation of debris by the
operator.
C.
Rooming houses. The operator of every rooming house shall be responsible
for the sanitary maintenance of all walls, floors and ceilings and
for the maintenance of a sanitary condition in every part of the rooming
house.
D.
Occupancy and letting of dwelling units and rooming units. No person
shall occupy as owner-occupant or let to another for occupancy any
vacant dwelling unit or rooming unit unless it is clean, sanitary,
in good repair and fit for human occupancy.
A.
No person shall operate a rooming house or shall let to another for
occupancy any rooming unit in any rooming house unless he or she first
applies for and receives a nontransferable permit to operate such
rooming house. Application for such permit shall be made at the office
of the Borough Clerk.
B.
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 this article and all other ordinances heretofore or hereafter adopted by the Borough relating thereto. Nor shall any permit or license to operate any rooming house be issued to any person as required by the provisions of any other ordinances heretofore or hereafter adopted by the Borough unless such permit or license is first approved by the Code Enforcement Officer, in writing, and such approval shall not be granted unless such person has first complied with the provisions of this article. Any person whose application for such permit or license has been disapproved, as hereinabove provided, may request and be granted a hearing thereon before the Code Enforcement Officer in accordance with the provisions of § 110-20. Whenever, upon inspection of any rooming house, the Code Enforcement Officer finds that conditions or practices exist which are in violation of any provisions of this article or any rule or regulation adopted pursuant thereto, the Code Enforcement Officer 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 Code Enforcement Officer), the operator's rooming house permit or license will be suspended. At the end of such period, the Code Enforcement Officer shall reinspect such rooming house, and if he finds such conditions and practices have not been corrected, he shall give notice, in writing, to the operator that the latter's permit or license has been suspended. Upon receipt of such 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. Any person whose permit or license to operate a rooming house has been suspended, or who has received notice from the Code Enforcement Officer that his license 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 Code Enforcement Officer, under the procedure provided by § 110-20, provided that, if no petition for such hearing is filed within 10 days following the day on which such permit or license was suspended, such license shall be deemed to have been automatically revoked. The operator of every rooming house shall change supplied bed linens 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. 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 40 square feet of floor space for each occupant thereof.
[Amended 3-1-1990 by Ord. No. 1065; 12-31-1991 by Ord. No. 1088; 10-13-2003 by Ord. No. 1189]
An occupancy permit shall be required for each dwelling unit
within the Borough which is not owner-occupied. Application for such
permit shall be made to the Borough Code Enforcement Officer by the
owner or agent. An inspection fee in an amount as established from
time to time by resolution of Borough Council for each dwelling unit
is to be paid to the Borough administration for the general revenues
of the Borough to defray the costs of the inspection. The Code Enforcement
Officer shall enter and inspect all structures and each unit for which
an occupancy permit has been made. The Code Enforcement Officer shall
refuse issuance of any occupancy permit to the owner or agent of any
dwelling, dwelling unit or unit of a rooming house if the fee has
not been paid or when the inspection discloses the dwelling or dwelling
unit to be substandard and detrimental to the health, safety and morals
of the tenants and other residents of the Borough until alterations
and improvements have been made to eliminate the substandard conditions.
The Council shall appoint a board of appeals consisting of the
members of the Board of Health, whose duties shall be to hear and
decide appeals requested by persons affected by the notices, orders,
decisions and determination of the Code Enforcement Officer.
[Amended 1-17-1983 by Ord. No. 1009[1]]
Any person, firm or corporation who shall violate any provision
of this article shall, upon conviction thereof, be sentenced to a
fine of not more than $1,000 plus costs and, in default of payment
of said fine and costs, to a term of imprisonment not to exceed 30
days. Each day that a violation of this article continues or each
section of this article which shall be found to have been violated
shall constitute a separate offense.
