[HISTORY: Adopted by the Borough Council of the Borough of Media
6-17-1965 by Ord. No. 494; amended in its entirety 11-21-1996 by Ord. No.
918. Subsequent amendments noted where applicable.]
GENERAL REFERENCES
Building construction — See Ch. 119.
Unsafe buildings — See Ch. 127.
Fire prevention — See Ch. 165.
Plumbing — See Ch. 223.
Property maintenance — See Ch. 226.
Rodent and insect control — See Ch. 230.
Sewers — See Ch. 237.
Solid waste — See Ch. 241.
Tenant registration — See Ch. 271.
Tenant security — See Ch. 275.
Water — See Ch. 297.
Weeds — See Ch. 301.
Zoning — See Ch. 311.
The purpose of this chapter is to protect the public health, safety
and welfare by:
A.
Establishing minimum standards for basic equipment and
facilities; for light, ventilation and heating; for safety from fire; for
space, use and location; and for safe and sanitary maintenance for all buildings,
equipment and premises now in existence or hereafter constructed.
B.
Determining the responsibilities of agents, owners, operators
and occupants of multifamily dwellings, hotels, motels, rooming houses and
commercial, business and office units.
C.
Providing for the licensing and inspection of the operation
of multifamily dwellings, hotels and motels, rooming houses, commercial or
business and office units.
D.
Providing for the administration, enforcement and penalties
of and under this chapter.
Where the following words are used in this chapter, they shall have
the meanings indicated:
In accordance with all laws and ordinances of the Borough of Media
and the Commonwealth of Pennsylvania.
A portion of any dwelling located partially underground but having
less than half of its clear floor to ceiling height below the average grade
of the adjoining ground.
Any structure used or intended for supporting or sheltering any use
or occupancy.
The Building Code of the Borough of Media.
[1]A room or group of rooms used for offices or a retail use offering
sale to the general public.
A portion of any building having half or more than half of its clear
floor to ceiling height below the average grade of the adjoining ground.
The Media Property Code, which is this chapter and regulations adopted
under it.
Same as "business (unit)."
The Council of the Borough of Media.
Any family dwelling containing two dwelling units.
A building or structure which is wholly or partly used or intended
to be used for living or sleeping by human occupants.
One or more rooms arranged for the use of one or more individuals
living together as a single housekeeping unit, with cooking, living, sanitary
and sleeping facilities.
Any man-made object, not of a stationary nature, and not a structure,
located on any premises.
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 spraying, poisoning, fumigating or trapping;
or by any other recognized and legally approved pest elimination methods approved
by the Code Enforcement Officer.
A group of persons related by blood, marriage or adoption.
Includes all vegetable and animal food wastes from the preparation,
cooking and serving of food; market wastes; and wastes from the handling,
storage and sale of produce.
A room used or intended to be used for living, sleeping, eating or
cooking, excluding bathrooms, water closet compartments, laundries, foyers,
pantries, communicating corridors, stairways, closets, basement recreation
rooms and storage spaces.
A public house, providing lodging to the public, which opens directly
on a parking area.
Renamed "Property Inspector."
The member of Media Borough Council so designated or appointed under
this chapter.
The presence in or swarming or overrunning of a dwelling or a part
thereof, inside or outside, by insects or pests or the presence of rodents
or vermin in or outside the dwelling or any part thereof.
Any dwelling or part thereof containing more than two dwelling units.
Any person, including an owner or operator, living or sleeping in
a dwelling or rooming unit, or working in a commercial, business or office
unit.
A room or group of rooms used for conducting the affairs of a business,
profession, service, industry or government.
The part of a window which is available for unobstructed ventilation
and which opens directly to the outdoors.
Any person having charge, care, management or control of any building
or part of it in which dwelling units or commercial, business or office units
are let. For the purpose of this definition, a real estate agent collecting
the rent shall be presumed to be an owner. Such presumption shall be overcome
if said rental agent, within five days receipt of notice of alleged violation,
advises the Property Inspector, in writing, that he has no authority to spend
money to alter, improve, manage or repair the premises involved and gives
the correct name and address of his principal.
Any person who alone, jointly or severally with others holds legal
or equitable title to any building, equipment or premises as defined in this
section. Beneficiaries under any trust or estate shall not be deemed to hold
legal or equitable title to any premises.
Any individual firm, corporation, association or partnership or any
other legal entity.
The Plumbing Code of the Borough of Media and all rules and regulations
set forth thereunder.
Water-heating facilities, 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 other similar supplied fixtures, together with all connections to water
or sewer lines.
A lot, plot or parcel of land, including the buildings and structures
thereon, including the yard as defined hereinafter.
Any dwelling or part thereof containing more than one rooming unit
in which space is let to one or more persons.
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.
Includes all solid wastes having combustibles and noncombustibles,
such as cans and bottles, exclusive of garbage.
A dwelling containing no more than one dwelling unit.
Installed, furnished or provided by the owner or operator at his
expense.
Any unit not in accordance with the minimum standards of this code.
Structurally unsafe or unsound, unstable, unsanitary, inadequately
provided with exit facilities, constituting a fire or health hazard, unsuitable
or improper for use or occupancy, constituting a hazard to health or safety
or public morals because of inadequate maintenance, dilapidation, obsolescence
or abandonment or otherwise dangerous to life or property.
All grounds, lawns, courts, walks, driveways or other open space
constituting part of the same premises as a dwelling, and is includable in
the definition of "premises."
[1]
Editor's Note: See Ch. 119, Building Construction.
A.
The administration of and supervision over the enforcement
of this chapter shall be under the direction of Media Borough Council (Council)
and the Code Enforcement Officer (CEO).
B.
Media Borough Council may make or approve such Rules
and Regulations as are or may be necessary to enforce the provisions of this
chapter. This chapter, together with all rules and regulations adopted hereunder,
shall collectively be designed as the "Media Property Code."
C.
Media Borough Council shall appoint a Property Inspector
whose duty it shall be to enforce the provisions of the Media Property Code
and report thereon as the Council and/or Code Enforcement Officer shall direct.
D.
If it is necessary, the Council shall have the power
and authority at any time and from time to time to create, by motion, one
or more Assistant Property Inspectors to serve under and at the direction
of the Property Inspector and CEO to air and assist in carrying out duties
under the code.
E.
The Property Inspector and any Assistant Property Inspector(s)
shall be paid such compensation as may from time to time be fixed by the Council.
F.
No appointments to the positions of Property Inspector
or Assistant Property Inspector(s) shall be or become effective until approved
by motion by the Council, and all of said Inspector(s) shall serve at the
pleasure of the Council.
A.
No person shall operate or let the following types of
building, equipment and/or premises on any occupancy or use without complying
with the licensing requirements of this chapter:
B.
Every person applying for a license shall supply such
information, in writing, as the Council requires and shall pay an annual license
fee plus a fee for each unit within such structure, as established in the
Borough's Unified Fee Schedule. Said license fee shall apply for a year or
any part thereof.
C.
The CEO shall not issue a license unless the structure,
building or dwelling for which the license is requested is in compliance with
this Media Property Code.
D.
Every license shall specify the maximum number of occupants
allowed to occupy the building and/or unit.
E.
Every license shall be displayed in a conspicuous place
within the building and/or unit.
F.
Every license shall be and remain in force, for one year,
from the date of one annual inspection forward into succeeding year unless
sooner revoked under provision of this chapter.
G.
No license required by this section shall be transferable
unless the new owner or operator shall give notice, in writing, within 10
days after the change of ownership or rental of interest. Such notice shall
include the name and address of the person or persons succeeding to the ownership
or control of the premises.
H.
No license will be renewed until a reinspection of the
premises has been completed and approved.
I.
Whenever any inspection reveals conditions or practices existing in violation of this code, the Inspector shall forthwith give written notice to the operator, as provided in § 187-15, to correct such conditions or cease such practices.
J.
Any person whose license has been suspended or who has
received a notice to correct conditions or cease practices shall have a right
to petition, in writing, for a hearing before the Housing Officer under herein.
A license shall be deemed suspended on the date of the notice thereof unless
a petition for hearing is requested.
K.
Certificate of occupancy. When a certificate of occupancy
has been issued under for a fee under Ordinance No. 406, as amended, there
will be no charge for licensing such premises for the first year of occupancy,
beginning with the date of such certificate.
A.
The CEO and the Property Inspector(s) are hereby authorized
and directed to make inspections to determine conditions and enforce the code.
For the purpose of making inspections, the CEO and Property Inspector(s) are
authorized to enter, examine and survey, at reasonable times, all premises,
buildings and units; and for this purpose the person in charge thereof shall
give the CEO and Property Inspector(s) access to any part of such premises
at reasonable times for the purpose of making those repairs, changes or alterations
to accomplish compliance with the code and with lawful orders issued pursuant
to it.
B.
Inspection control. For the purposes of making inspection,
the CEO and Inspector(s) shall carry and show adequate and complete identification,
and it shall be their duty to file in the offices of the Borough a previous
list of the premises to be inspected that day. It shall not be a violation
of this chapter to refuse inspection until the owner, occupant or person in
charge of the premises has called the Borough offices to confirm the identification,
provided that the call is made promptly. No inspection shall be made during
other than hours when the Borough offices are open for public business.
C.
The owner or occupant of every dwelling, dwelling unit
or rooming unit or the person in charge thereof shall, upon written notice
that entry could not be obtained, make the premises open and available for
inspection at a time set by said CEO and stated in the notice. If said time
is not practical to said owner, occupant or person in charge, he/she shall
promptly notify the CEO and set forth a date and time, within the Borough
office hours, when an inspection may be made, but such time must be within
10 days of the CEO's notice. Failure to arrange a practical time as herein
stated shall make said owner, occupant or person in charge thereof subject
to the civil enforcement provisions of this chapter.
The CEO may from time to time present to the Council Rules and Regulations
he/she deems necessary for the property enforcement or interpretation of the
provisions of this chapter. The Council may, by ordinance, approve and adopt
said rules and regulations or any of them. Such rules and regulations so approved
and adopted 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 provisions of this chapter, as hereinafter provided.
The standards contained in the 1996 BOCA National Property Maintenance Code, 1996 International Code, 1996 BOCA National Fire Protection Code, 1993 National Electrical Safety Code, 1996 NFPA 70 - National Electrical Code, 1994 NFPA 101 - Life Safety Code and 1995 International Plumbing Code, or the most recent editions of these codes as adopted by the Council, are adopted and added to existing standards in Chapter 187. If a conflict exists between any adopted code standard and any other standard contained herein, the most restrictive standard shall prevail.
No person shall occupy as owner-occupant or let for occupancy or use
any dwelling, rooming house, dwelling unit or rooming unit which does not
comply with the following minimum standards for basic equipment and facilities:
A.
Every dwelling and dwelling unit must be equipped with
the following: hot and cold water bathing facilities, either a tub or shower;
a hot and cold water washstand and basin; a hot and cold water kitchen sink;
and a modern flush-type toilet. All of said equipment must have running water
connected in accordance with the plumbing section of Chapter 119, Building
Construction.
B.
Every building used for rooming or lodging shall have a separate room with a water closet or toilet, bathing facilities and washstand on each floor for each sex, and otherwise be equipped and maintained in accordance with the provisions of § 187-13 of this code.
C.
Every dwelling unit other than single-family dwellings
and dwelling units in duplex apartments shall be supplied with adequate rubbish
storage facilities, the type and location of which are approved by the Council.
D.
Every dwelling unit shall have adequate garbage and rubbish disposal facilities or garbage storage containers, the type and location of which are approved by the Council, and conform to Chapter 241, Solid Waste, adopted by the Council.
E.
Every dwelling unit 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 and are capable of heating water to such a temperature as to permit an adequate amount of water to be drawn at each required kitchen, sink, lavatory basin, bathtub or shower at a temperature of not less than 120º 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 § 187-9J hereinafter set forth in this chapter are not in operation.
F.
Every multifamily dwelling having more than two units
above the first floor shall have two safe, unobstructed means of egress for
each unit which lead to a safe and open space at ground level.
No person shall occupy as owner-occupant or let for occupancy or use
any dwelling, dwelling unit, room or rooming unit which does not comply with
the following minimum standards for light, ventilation and heating:
A.
Every habitable room shall have at least one window facing
directly to the outdoors. The minimum total window area for every sleeping
room with 100 square feet or less of floor area shall be 8% of the floor area.
The minimum total window area of every sleeping room with more than 100 square
feet of floor area shall be eight square feet plus 5% of each additional 100
feet of floor area. The minimum total window area of every other habitable
room shall be 7% of the floor area. For the purposes of this subsection, where
a living room faces onto a glass-fronted porch, the porch shall be considered
as part of the living room if the total window area is at least 7% of the
floor area of the living room.
B.
Every habitable room shall have at least one window which can be easily opened. The minimum openable area for each window shall be 50%, except where there is supplied some other device, approved by the Housing Inspector, affording adequate ventilation in accordance with Chapter 223, Plumbing, and connected directly with the outdoors.
C.
Every bathroom or water closet compartment shall have at least one window facing to the outdoors and have a minimum openable area of four square feet, except where there is supplied some other approved device allowed under Chapter 223, Plumbing. Any such device must be connected directly with the outdoors.
D.
Every laundry room shall have a minimum openable area
of at least two square feet, except that some other approved device may be
used which affords adequate ventilation. Said device, if used, shall be directly
connected with the outdoors.
E.
Whenever a window of a room faces a wall or other portion
of any abutting structure which is located less than three feet from the window
and extends to a level above that of the ceiling of the room, the window shall
not be counted in calculating window or openable area, unless an exception
is allowed by the Code Enforcement Officer.
F.
A skylight-type window is a window for the purpose of
this section except in the case of a kitchen with more than 80 square feet
of floor area, a living room or a sleeping room.
G.
Every sleeping room in every dwelling, rooming house
and dwelling unit shall have at least one safe, unobstructed means of egress
to a safe place at ground level.
H.
Every public hall and stairway in every two-family dwelling,
multifamily dwelling and rooming house shall be adequately lighted at all
times, except that in a two-family dwelling an adequate lighting system which
may be turned on when needed by conveniently located light switches shall
be permitted instead of a full-time lighting system. Every public hall and
stairway in every two-family dwelling, multifamily dwelling and rooming house
shall be adequately ventilated.
I.
Every dwelling, multifamily dwelling and rooming house
shall be supplied with electrical facilities, and within the same:
(1)
Every habitable room shall contain at least two separate
floor- or wall-type electric convenience outlets and one ceiling-type electric
light fixture.
(2)
Every water closet compartment, bathroom, laundry room
and furnace room shall contain at least one ceiling- or wall-type electric
light fixture, and every public hall or stair shall contain at least one ceiling-
or wall-type electric light fixture at each landing or turn in the hall and
be adequately lighted its entire length.
(3)
All outlets and fixtures shall be supplied with electric
current.
(4)
All switches shall be readily operable and in good working
order.
(5)
All electric wiring, switches, outlets and connections
in multifamily dwellings and rooming houses shall meet the requirements of
the Electrical Code of the Borough of Media.
(6)
Every outlet and fixture shall be properly installed
and maintained in good and safe working condition.
J.
Every dwelling shall have heating facilities which are
properly installed and capable of safely and adequately heating all habitable
rooms, bathrooms and water closet compartments within its walls to a temperature
of at least 70º F. when the outside temperature is 10º F. Portable
heating equipment using liquid, gaseous or solid fuel is prohibited. Other
portable heating equipment shall be permitted, provided that said other portable
heating equipment is auxiliary to the heating facility mentioned hereinabove
and provided, further, that said other portable heating equipment is approved
by the Code Enforcement Officer. All fuel storage must be in a safe and approved
area. The center of every room at a point three feet above floor level shall
be the point at which heating adequacy shall be ascertained for the purposes
of this subsection.
K.
In all multifamily dwellings, during that portion of
the year when the Code Enforcement Officer 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.
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 to effectively prevent
their entry.
No person shall occupy or let for occupancy or use any dwelling, dwelling
unit, room or rooming unit, hotel or hotel unit, motel or motel unit, or commercial,
business or office until, which does not comply with the following minimum
standards for safe and sanitary maintenance:
A.
Every foundation, exterior wall and exterior roof shall
be substantially weathertight, watertight and rodentproof, shall be kept in
sound condition and in good repair, shall be capable of affording privacy
and shall be safe to use and capable of supporting the load which normal use
may cause to be placed thereon.
B.
Every floor, interior wall and ceiling shall be substantially
rodentproof, shall be kept in sound condition and in good repair and shall
be safe to use and capable of supporting the load which normal use may cause
to be placed thereon.
C.
Every window, exterior door, interior door and basement
hatchway or cellar door shall be substantially weathertight, watertight and
rodentproof and shall be kept in sound working condition and in good repair.
D.
Every inside and outside stairway, porch and any other
appurtenances thereto shall 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 in good repair.
E.
Every plumbing fixture shall be properly installed and maintained in sound mechanical condition free from defects, leaks and obstructions and in accordance with Chapter 223, Plumbing, and shall be maintained in good sanitary working condition.
F.
Every water closet compartment floor surface and bathroom
floor surface shall be constructed and maintained so as to be substantially
impervious to water and so as to permit such floor to be easily kept in a
clean and sanitary condition.
G.
Every supplied facility, piece of equipment or utility
which is required under this code and every chimney and smoke pipe shall be
constructed and installed so that they will function safely and effectively
and shall be maintained in sound working condition.
H.
Every premises shall be properly graded so as to obtain
thorough drainage and so as to prevent the accumulation of stagnant water.
I.
The exterior wood surface of every dwelling, accessory
structure and fence shall be kept in a good condition, and a suitable wood
preservative applied to it when needed.
J.
Accessory structures such as garages, sheds or other
accessory outbuildings and fences shall be kept and maintained in good repair
within the provisions of this code.
K.
No owner shall occupy or let for occupancy or use any
vacant dwelling unit unless a certificate of occupancy is obtained. No owner,
agent or operator shall let for occupancy any single-family dwelling which
has been vacated unless a certificate of occupancy has been obtained after
a thorough inspection in accordance with this code and approval that said
dwelling is clean, sanitary and fit for human occupancy and otherwise complies
with this code by the issuance of a certificate by the Code Enforcement Officer.
No owner, operator or occupant shall furnish or use any cooking equipment
which does not comply with the following minimum standards:
A.
Every piece of cooking equipment shall be so constructed
and installed that it will function safely and effectively and shall be maintained
in sound working condition.
No person shall occupy or let for occupancy or use any dwelling, dwelling
unit, room or rooming unit which does not comply with the following minimum
standards for space, use and location:
A.
Every dwelling unit shall contain at least 150 square
feet of habitable floor area for the first occupant and at least 100 square
feet of additional habitable floor area for each of the next two occupants
and at least 75 square feet of additional habitable floor area for each additional
occupant.
B.
In every dwelling unit and in every rooming unit, every
room occupied for sleeping purposes by one occupant shall contain at least
65 square feet of floor area and every room occupied for sleeping purposes
by more than one occupant shall contain at least 45 square feet of floor area
for each occupant.
C.
Floor area shall be calculated on the basis of habitable
room area. 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 any part of
any room where the ceiling height is less than seven feet shall not be considered
as part of the floor area in computing the total floor area of the room to
determine maximum permissible occupancy.
D.
For the purpose of this section, one occupant under seven
years of age shall not be counted as an occupant.
E.
No cellar shall be used for living purposes.
F.
No basement shall be used for living purposes unless
said basement shall comply with all other provisions of this code and the
following:
G.
No dwelling or dwelling unit containing two or more rooms
for sleeping shall be arranged so that access to the bathroom or water closet
compartment is only through a room used for sleeping, nor shall it be arranged
so that access to any room for sleeping is only through a bathroom or water
closet compartment, nor shall a dwelling unit contain a room used for sleeping
where access is only from another room used for sleeping.
No person shall operate a rooming house or let for occupancy any rooming
unit unless such rooming house or rooming unit complies with the following
minimum standards:
A.
The minimum standards set forth by the following sections of this code: § 187-8E (minimum standards for hot and cold waterlines, water-heating facilities and continuation of service), § 187-9, Minimum standards for light, ventilation and heating, § 187-8F (minimum standards for safety from fire), § 187-12, Minimum space, use and location requirements, § 187-10, Maintenance standards, and § 187-14, which sets forth responsibilities of an owner or operator of a rooming house.
B.
At least one flush water closet, lavatory basin and bathtub
or shower, properly connected to a water and sewer system approved by the
Housing Officer and in good working condition, shall be supplied for each
four persons or fraction thereof residing in a rooming house, including members
of the operator's family whenever they share the use of 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 of the required number of water closets.
Every lavatory basin and bathtub or shower shall be supplied with hot water
at all times. No such facilities shall be located in the basement.
C.
Where rooms are let in any rooming house to members of
the opposite sex, there shall be a separate flush water closet, lavatory basin
and bathtub or shower for each sex occupying said rooming house, and the provisions
of the foregoing subsection shall be deemed to apply to each separate sex.
Each bathroom, including flush water closet, lavatory basin and bathtub or
shower, which is provided for each sex shall be conspicuously marked "Male"
or "Female" in such instances where rooms are let to opposite sexes.
D.
Every flush water closet, flush urinal, lavatory basin, bathtub or shower required by Subsection B shall be located within the rooming house in a room or rooms which:
E.
The operator of every rooming house shall change the
supplied bed linen and towels therein at least twice every 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.
F.
The operator of every rooming house shall be responsible
for the sanitary maintenance of all walls, floors and ceilings, every other
part of the rooming house and of the entire premises.
G.
Every rooming unit shall have a safe, unobstructed means
of egress leading to safe and open space at ground level as required by the
laws of this state.
Where in this code the obligation for observance is not otherwise clearly
designated, the respective responsibility of owner, operator and occupant
is as follows:
A.
Every owner of a dwelling containing two or more dwelling
units shall be responsible for maintaining in a clean and sanitary condition
the shared 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 except, in the case of
dwelling units, those parts which are common or public areas.
C.
Garbage, rubbish and refuse.
(1)
Respecting multifamily dwellings, it shall be the responsibility
of the occupant of each dwelling unit to contain his refuse and garbage in
a safe, sanitary and orderly manner in proper containers within his unit and
at least weekly to deliver it to a common place provided by the owner of the
multifamily dwelling for collection.
(2)
It shall be the responsibility of the owner of a multifamily dwelling to provide proper, clean and separate places, at least one for each building, at or below ground level for the collection and deposit of garbage and rubbish from the units within said dwelling and to provide sufficient, proper, safe and sanitary containers in which the occupiers shall place their rubbish and garbage for collection. The owner shall be responsible for complying with Chapter 241, Solid Waste, in providing containers and fixing places for collection of the garbage and rubbish.
(3)
The owner shall, at least weekly and more often if necessary,
provide for the removal of all rubbish, refuse and garbage which cannot be
or is not collected by the Borough of Media, and the owner shall be responsible
for keeping the commonly used or public parts, yards, halls and areas of the
building premises free and clear of all trash, rubbish and garbage, except
in the areas where it is contained or stored awaiting collection.
D.
Hanging screens.
(1)
The occupants of each dwelling unit in a building with
four or fewer units shall be responsible for the hanging of screens whenever
they are required by this chapter, except where in a lease the owner has assumed
that responsibility. This shall not, however, limit or restrict the owner's
responsibility to supply said screens.
(2)
In all multifamily dwellings containing more than four
units, it shall be the owner's responsibility to provide and hang all the
screens required hereunder.
E.
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 or in the shared or public parts of any dwelling containing
two or more dwelling units, extermination thereof shall be the responsibility
of the owner.
F.
Every owner or operator of a rooming house shall be responsible
for the extermination of any insects, rodents or other pests in it or in the
yard or on the premises.
G.
Every occupant of a dwelling unit shall keep all supplied
facilities, including plumbing fixtures and cooking equipment, in a clean
and sanitary condition and shall be responsible for the exercise of reasonable
care in their proper use and operation.
H.
During that time of year when it is necessary, as determined
by the Code Enforcement Officer, every owner or operator of every multifamily
dwelling or rooming house shall supply adequate heat to every habitable room
therein, except where there are separate heating facilities for each dwelling
unit, which facilities are under the sole control of the occupant of such
dwelling unit.
I.
No owner, operator or occupant shall cause any service,
equipment or utility which is required by this code to be removed, shut off
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.
J.
Every dwelling of six or more dwelling units in which
the owner or operator does not reside shall provide janitorial services.
K.
A contract effective as between owner and operator, operator
and occupant or owner and occupant with regard to compliance hereinunder shall
not relieve any party of his direct responsibility under this code.
L.
Every owner, agent or operator shall advise the occupant,
in writing, either by insertion in the lease between the parties or otherwise,
of the maximum number of occupants permitted in the premises under this code.
[Amended 11-15-2001 by Ord.
No. 954]
Whenever the Code Enforcement Officer or any inspector hereunder determines
that there has been a violation of any of the provisions of this code, he
shall immediately give notice thereof to the person or persons responsible
therefor in accordance with the provisions and procedures as contained in
Sections 116, 117, 118, 119 and 120 and all subsections thereof of the "BOCA
National Property Maintenance Code; Fifth Edition, 1996," as published by
the Building Officials and Code Administrators International, Inc., which
provisions are adopted herein and made part hereof as if fully set forth in
this chapter.
[Amended 11-15-2001 by Ord.
No. 954]
All appeals under this chapter shall be in accordance with the provisions
and procedures as contained in Section 111 and all subsections thereof in
"Means of Appeal of the BOCA National Property Maintenance Code, Fifth Edition,
1996," as published by the Building Officials and Code Administrators International,
Inc., which provisions are adopted herein and made part hereof as if fully
set forth in this chapter.[1]
[1]
Editor's Note: Ordinance No. 956, adopted 5-6-2002, provided that
the Appeals Board shall be entitled the "BOCA and Life Safety Appeals Board."
Ordinance No. 993, adopted 7-15-2004, further provided that the Appeals Board
shall be entitled the “Uniform Construction and Life Safety Codes Board
of Appeals.”
A.
Any person, partnership or corporation who or which has
violated or permitted the violation of the provisions of this chapter or prior
enabling laws shall, upon being found liable therefore in a civil enforcement
proceeding commenced by a municipality, any judgment of not more than $500,
plus all court costs, including reasonable attorney fees incurred by a municipality
as a result thereof.
B.
Each day that a violation continues shall constitute
a separate violation, unless the district justice determining that there has
been a violation further determines that there was a good faith basis for
the person, partnership or cooperation violating the chapter to have believed
that there was no such violation, in which event there shall be deemed to
have been only one such violation until the fifth day following the date of
the determination of a violation by the district justice and thereafter each
day that a violation continues shall constitute a separate violation. All
judgments, costs and reasonable attorney fees collected for such violation
shall be paid over to the municipality.
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 the 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 the 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.
All provisions of this chapter, including those containing standards
and requirements for buildings, equipment and premises of any type (as defined
hereinbefore), shall be applicable to all such buildings, equipment and premises,
whether or not such dwellings are in existence on the effective date of this
chapter.
All parts of Chapter 187 of the Media Code in conflict herewith are hereby repealed.
If any section, subsection, sentence, clause or phrase of this chapter
is, for any reason, held to be unconstitutional, such decision shall not affect
the validity of the remaining portions of this chapter. The Borough of Media
hereby declares that it would have passed this chapter, and each section,
subsection, clause or phrase thereof, irrespective of the fact that any one
or more sections, subsections, sentences, clauses and phrases be declared
unconstitutional.
That this chapter and rules, regulations, provisions, requirements,
orders and matters established and adopted hereby shall take effect and be
in full force and effect immediately from and after the date of its final
passage and adoption.
