The purpose of this chapter is to protect the public health,
safety and welfare by enacting a housing ordinance which:
A.
Establishes minimum standards for basic equipment and facilities;
for light, ventilation and heating; for safe and sanitary maintenance;
for cooking equipment of all dwellings, dwelling units, rooming houses
and rooming units, now in existence or hereafter constructed.
B.
Determines the responsibilities of owners, operators and occupants
of dwellings.
C.
Provides, as an incident to the primary regulation, for licensing
of the operation of rooming houses and multifamily dwellings.
D.
Authorizes the inspection of dwellings, the rehabilitation of dwellings
and the vacancy or removal of dwellings unfit for human habitation.
E.
Provides for administration, enforcement and penalties.
A.
The Code Enforcement Officer is hereby authorized and directed to
make inspections to determine the condition of dwellings, dwelling
units, rooming units, structures and premises located within the Borough
of Downingtown in order that he may perform his duty of safeguarding
the health and safety of the occupants of dwellings and of the general
public.
B.
For the purpose of making such inspections, the Code Enforcement
Officer or any other officer or employee acting under the authority
of this chapter, subject to the limitations of the Constitution and
laws of the United States and of the Commonwealth of Pennsylvania,
upon showing proper identification of office, may enter, examine and
survey, at all reasonable times and, in an emergency, at any time,
all dwellings, dwelling units, rooming units, structures and premises.
C.
It shall be the responsibility of the owner, landlord, or authorized
agent to schedule all inspections with the Code Enforcement Office
prior to establishing a rental unit and within 30 days of receipt
of a renewal notice. The owner, operator, occupant or the person in
charge thereof shall give the Code Enforcement Officer free access
to such dwelling, dwelling unit, rooming unit or structure and its
premises at all reasonable times for the purpose of such inspection,
examination and survey. Every occupant or operator shall give the
owner thereof or his agent or employee access to any part of such
building 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.
The Code Enforcement Officer may make a preliminary survey in
any area of the Borough to determine the general condition of the
structures of that area, the extent of dilapidation of structures
and the unsafe and unsanitary conditions which may exist.
The Code Enforcement Officer may delegate to any other properly qualified person approved by the Borough Council any power or duty vested in him by this chapter, except that the Code Enforcement Officer may not delegate his power or duty to issue regulations pursuant to § 222-7.
A.
The Code Enforcement Officer may issue rules and regulations setting
forth such standards, conditions and other specifications as he deems
advisable for the proper interpretation and enforcement of the provisions
of this chapter. No rules and regulations so issued shall be effective
until approved by the Borough Council. The rules and regulations may
include but shall not be limited to matters respecting:
(1)
Required facilities, utilities and fixtures, illumination, ventilation,
heating and sanitary maintenance of dwellings.
(2)
Good repair of structural condition.
(3)
The sanitary condition and maintenance of premises.
(4)
The occupancy of dwellings.
(5)
The elimination and prevention of infestation in dwellings.
(6)
The conditions under which a permit for the operation of a rooming
house or multiple dwelling may be granted.
(7)
The records to be kept by rooming house and multiple-dwelling operators.
B.
The rules and regulations shall not be in conflict with the provisions
of this chapter, the Borough Building Code or with any other ordinance
of the Borough.
C.
The rules and regulations shall have the same force and effect as
the provisions of this chapter, and the penalty for their violation
shall be the same as the penalty for the violation of the provisions
of this chapter.
D.
The Code Enforcement Officer shall, 30 days prior to the submission
of any rules and regulations to the Borough Council for approval,
give notice of his intention to so issue the rules and regulations
in one newspaper of general circulation in the Borough and shall file
a copy of the proposed rules and regulations, readily accessible to
the public, in the office of the Borough Secretary.
E.
A copy of all rules and regulations issued by the Code Enforcement
Officer shall be kept on file in the office of the Borough Secretary
and in his own office.
