City of Scranton, PA Article I Adoption of Code

[Adopted 7-31-2014 by Ord. No. 37-2014[1]]

[1] Editor's Note: This ordinance also provided for the repeal of former Ch. 360, Property Maintenance, adopted 1-31-2000 by Ord. No. 2-2000, as amended.

§ 360-1 Adoption of code.

[Amended 4-23-2018 by Ord. No. 12-2018; 9-30-2019 by Ord. No. 71-2019]

A certain document, one copy of which is on file in the office of the City Clerk of the City of Scranton, being marked and designated as "The International Property Maintenance Code, 2015 Edition," as published by the International Code Council, be and is hereby adopted as the Property Maintenance Code of the City of Scranton in the State of Pennsylvania for regulating and governing the conditions and maintenance of all property, buildings and structures; by providing the standards for supplied utilities and facilities and other physical things and conditions essential to ensure that structures are safe, sanitary and fit for occupation and use; and the condemnation of buildings and structures unfit for human occupancy and use, and the demolition of such existing structures as herein provided; providing for the issuance of permits and collection of fees therefor; and all of the regulations, provisions, penalties, conditions and terms of said Property Maintenance Code on file in the office of the City Clerk are hereby referred to, adopted, and made a part hereof, as if fully set out in this article, with the additions, insertions, deletions and changes, if any, prescribed in § 360-2 of this article.

§ 360-2 Additions, insertions and amendments.

The following sections of the 2009 Edition of the International Property Maintenance Code have additions, insertions and amendments as stated herein:

A. Section 101.1 Title. These regulations shall be known as the "International Property Maintenance Code of the City of Scranton," hereinafter referred to as "this Code."

B. (Reserved)[1]

[1] Editor’s Note: Former Subsection B, Section 103.5 Fees, was repealed 4-23-2018 by Ord. No. 12-2018.

C. Section 108.5 Prohibited occupancy. Any occupied structure condemned and placarded by the code official shall be vacated as ordered by the code official. Any person who shall occupy a placarded premises or operate placarded equipment, and any owner or any person responsible for the premises who shall let anyone occupy a placarded premises or operate placarded equipment, before the release of condemnation by the Office of Licensing, Inspections and Permits shall be liable to a fine of not less than $1,000 or more than $10,000. Each day the violation continues will be considered a separate offense.

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Exception: A person(s) may only occupy a recently condemned building during daylight hours for the purpose of gathering their belongings.

D. (Reserved)[2]

[2] Editor’s Note: Former Subsection D, Section 112.4 Failure to comply, was repealed 4-23-2018 by Ord. No. 12-2018.

E. Section 302.4 Weeds. All premises and exterior property shall be maintained free from weeds or plant growth in excess of eight inches. All noxious weeds shall be prohibited. Weeds shall be defined as all grasses, annual plants and vegetation, other than trees or shrubs; provided, however, this term shall not include cultivated flowers and gardens.

F. Section 302.4.1 Shrubs and bushes. Bushes and shrubs on all premises and exterior property shall be maintained and kept in good order.

G. Section 302.4.2 Dangerous trees. Any tree(s) that is (are) considered dangerous by the Office of Licensing, Inspections and Permits or the City Forester, due to overgrowth, instability, infestation or harmful insects or a dead tree, shall be ordered removed or made safe by the property owner. If the property owner refuses or is unable to remove the unsafe condition, then the City has the authority to take appropriate action to make safe the dangerous condition and lien all costs involved to the property owner. All notices and orders shall comply with Section 107 of the (IPMC) relating to notices and orders. Any person in violation of this order shall be liable to a fine of not less than $500 or more than $2,000. Each day the violation continues is considered a separate offense.

H. Section 304.10 Stairways, decks, porches and balconies. Every exterior stairway, deck, porch and balcony, and all appurtenances attached thereto, shall be maintained structurally sound, in good repair, with proper anchorage and capable of supporting the imposed loads. No person shall use interior furniture such as upholstered furniture on exterior decks, porches and balconies. Only furniture that is manufactured for outdoor use shall be used.

I. Section 304.14 Insect screens. During the period from May 1 to October 1, every door, window and other outside opening required for ventilation of habitable rooms, food preparation areas, food service areas or any areas where products to be included or utilized in food for human consumption are processed, manufactured, packaged or stored shall be supplied with approved tightly fitting screens of not less than 16 mesh per inch (16 mesh per 25 mm), and every screen door used for insect control shall have a self-closing device in good working condition.

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Exemption: Screens shall not be required where other approved means, such as air curtains or insect-repellent fans, are employed.

J. Section 308.3.2 Containers. The operator of every establishment producing garbage shall provide, and at all times cause to be utilized, approved leakproof containers provided with close-fitting covers for the storage of such materials until removed from the premises for disposal. Each garbage container shall be placed/stored in an inconspicuous location on said premises.

K. Section 309.3 Single occupant. The owner of a one-family dwelling or of a single-tenant nonresidential structure shall be responsible for pest elimination on the premises.

L. Section 602.3 Heat supply. Every owner and operator of any building who rents, leases or lets one or more dwelling units or sleeping units on terms, either expressed or implied, to furnish heat to the occupants thereof shall supply heat during the period from October 1 to April 1 to maintain a temperature of not less than 68° F. (20° C.) in all habitable rooms, bathrooms and toilet rooms.

M. Section 602.4 Occupiable work spaces. Indoor occupiable work spaces shall be supplied with heat during the period from October 1 to April 15 to maintain a temperature of not less than 65° F. (18° C.) during the period the spaces are occupied.

§ 360-2.1 Appeals.

[Added 4-23-2018 by Ord. No. 12-2018; amended 9-30-2019 by Ord. No. 71-2019]

A. Any owner or agent, as defined in the International Property Maintenance Code, 2015 Edition, aggrieved by the action or decision of the code official or authorized deputy or a notice or order issued under this article or code shall have the right to appeal such decision or order to the Housing Board of Appeals, provided that a written application for appeal is filed within 20 days after the day of the decision, or the day that notice or order was served. Upon completion, all appeal forms must be submitted with a nonrefundable fee as follows:

(1) To appeal a violation notice/citation fee: a fee of $150; or

(2) To appeal a stop-work order, condemnation, demolition, or any other matter: a fee of $300.

B. Any person making an appeal to the Housing Board of Appeals will be notified when to appear before the Board within 30 days. The Board will hold a public hearing and, upon evidence and testimony submitted, will render a decision. Any party not in compliance with the decision or order from the Board shall be subject to the penalties of this article. Any party who seeks to reschedule or cancel an appeal hearing must provide prior notice of five business days of the scheduled hearing. Failure to provide proper notice shall be deemed a violation and subject to a late fee of $150, payable to the Department of Licensing, Inspections, and Permits. All late fees must be paid prior to scheduling another hearing date.

C. Any owner or agent, as defined in the International Property Maintenance Code, 2015 Edition, aggrieved by a decision of the Board of Appeals may appeal to the Court of Common Pleas of Lackawanna County. Appeals shall be made to the proper court within 30 days after the Board's decision.

D. Following the filing of an appeal but prior to hearing, if the appellant should so request in writing, the Director for the Department of Licensing, Inspections, and Permits, and/or his Deputy or another authorized representative, shall participate in negotiations to settle the matter with the appellant within a reasonable amount of time not to exceed 30 days.

§ 360-2.2 Violations and penalties.

[Added 4-23-2018 by Ord. No. 12-2018]

Any person, persons, corporation, LLC, or partnership which violates any provisions of this article or code shall be subject to a fine of not less than $300 and not more than $1,000 for each violation. Each day a violation continues may constitute a separate offense for which a separate fine may be imposed.

§ 360-2.3 Severability.

[Added 4-23-2018 by Ord. No. 12-2018]

If any section, clause, provision or portion of this article shall be held invalid or unconstitutional by any Court of competent jurisdiction, such decision shall not affect any other section, clause, provision or portion of this article so long as it remains legally enforceable minus the invalid portion. The City reserves the right to amend this article or any portion thereof from time to time as it shall deem advisable in the best interests of the promotion of the purposes and intent of this article, the effective administration thereof.