1.
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In applying to the Board for such variance, the applicant must
show:
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(a)
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That his property was acquired in good faith.
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(b)
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That by reasons of existing topographic conditions, or by reason
of other peculiar and exceptional conditions, pertaining to a specific
piece of property, literal enforcement of the provisions or requirements
of this Property Maintenance Code would cause undue or unnecessary
hardship. A claim or even proof merely of a more profitable use, if
the variance were granted, is not in itself evidence of such hardship.
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2.
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No variance to the provisions or requirements of this Property
Maintenance Code shall be authorized by the Board unless the Board
finds that all the following facts and conditions of unnecessary hardship
exist:
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(a)
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The hardship arises from unique circumstances applying to the
applicant's property which are not the general condition in the
neighborhood.
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(b)
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The hardship is not self-inflicted by the applicant.
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(c)
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The strict application of the provisions of this Property Maintenance
Code would impose an unreasonable restraint or unnecessary hardship
on the use of the property inconsistent with the general purpose and
intent of this Property Maintenance Code.
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(d)
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The granting of the variance will not create or cause an adverse
effect on any adjacent property.
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108.3 Board decision. In deciding the appeals brought
before it, the Board may reverse or affirm, in whole or in part, or
may modify the order, requirement, decision, or determination appealed
from and may make such order, requirement, decision or determination
as ought to be made.
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108.4 Court review. Any person aggrieved by any
decision of the Board, or any taxpayer or any officer, department
or bureau of the City, may appeal the Board's decision to the
Court of Common Pleas of Lancaster County, Pennsylvania, by a petition
duly verified setting forth that such decision is illegal in whole
or in part, specifying the grounds of illegality, which petition must
be presented to the court within 30 days after the filing of the decision
by the Board.
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108.5 Additional duties. The Board shall perform
such other duties periodically assigned to it by City Council of the
City and shall perform the additional duty of hearing appeals from
initial notices of blight issued by the Lancaster Property Reinvestment
Board as provided by Ordinance 14-1991 of the City of Lancaster adopted
May 28, 1991, as amended from time to time.
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1.
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Any person failing to comply with a notice of violation or order
served in accordance with Section 111.4 shall be deemed guilty of
a criminal or civil infraction as set forth hereinafter and as determined
in accordance with applicable law, and the violation shall be deemed
a strict liability offense. If the notice of violation is not complied
with, the Code Official may institute the appropriate proceeding at
law or in equity to restrain, correct or abate such violation, or
to require the removal or termination of the unlawful occupancy of
the structure in violation of the provision of this code or of the
order or direction made pursuant thereto, including, without limitation,
having the unlawful occupancy cured by the staff of the City itself.
In the instance that the City performs any services to remedy an unlawful
occupancy of a structure pursuant hereto, the City may take any and
all action available at law and in equity to recover its costs for
performing the same, including imposing a lien on the subject real
estate for the costs thereof in accordance with applicable law.
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2.
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In addition to any other section or remedial procedure provided,
whoever violates any provision of this code shall, upon conviction
thereof in a summary proceeding, be fined not less than $100 and not
more than $1,000 for the first offense, not less than $200 and not
more than $1,000 for the second offense, and not less than $300 and
not more than $1,000 for the third and all succeeding offenses and
costs of prosecution for each offense, to be collected as other fines
and costs are by law collectible, and in default of payment thereof
shall be imprisoned for not more than 90 days.
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3.
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In the case of a continual and uncorrected violation of the
same subsection(s) of this code, a fine, not exceeding one per month
on a single property and not less than $300 nor more than $2,000 shall
be imposed for the first two continual and uncorrected violations
and not less than $2,000 nor more than $5,000 for the third and any
subsequent continual and uncorrected violations of the same subsection
of this code on the same property, unless the violation is found to
pose a threat to the public's health, safety or property, then,
upon conviction thereof, penalties of fines shall be imposed as follows:
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(a)
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Not exceeding one citation per five calendar days for a continual
and uncorrected violation of the same subsection(s) of this code on
the same property;
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(b)
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Limited to not less than $600 and not more than $2,000 for the
first two continual and uncorrected violations of the same subsection(s)
of this code on the same property and not less than $1,000 and not
more than $10,000 for the third and any subsequent continual and uncorrected
violations of the same subsection(s) of this code on the same property,
or imprisonment for not more than 90 days, or both.
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4.
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The Code Official may issue citations to the owners or persons
responsible for a structure or property for failure to comply with
a notice of violation following the expiration of the time established
for filing an appeal or following the hearing of an appeal by the
Board of Housing Appeals.
Notwithstanding the foregoing and as an additional remedy, the City may issue an administrative ticket and follow the enforcement provisions set forth in Chapter 293 of the Code of the City of Lancaster.
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1.
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One in each sleeping room.
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2.
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One outside each sleeping area in the immediate vicinity of
the bedrooms.
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3.
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One on each story of the dwelling, including basements and habitable
attics.
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1.
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1. Single-station smoke alarms may receive their primary power
from the building wiring provided such wiring is served from a commercial
source and shall be equipped with a battery backup.
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2.
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2. Single-Station smoke alarms may be solely battery operated
if equipped with a ten-year sealed lithium tamper-resistant battery.
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