[HISTORY: Adopted by the Borough Council of the Borough of Glenolden 3-14-1974 by Ord. No. 753, approved  3-14-1974. Amendments noted where applicable.]
GENERAL REFERENCES
Brush, grass and weeds — See Ch. 51.
Property maintenance — See Ch. 53.
Building construction — See Ch. 54.
Unsafe buildings — See Ch. 56.
Fire prevention — See Ch. 80.
Plumbing — See Ch. 127.
[Amended 8-16-2011 by Ord. No. 2081, approved 8-16-2011]
This chapter is enacted for the following purposes: to promote and protect the health, safety, morals and general welfare of the inhabitants, both residential and commercial, of the Borough of Glenolden by abating overcrowded housing conditions; securing adequate lighting, heating, ventilation, access and egress; and preventing or correcting unhygienic, unsanitary or unsafe conditions and other nuisances which might constitute a menace to residents of the Borough of Glenolden.
[Amended 8-16-2011 by Ord. No. 2081, approved 8-16-2011]
In interpreting and applying the provisions of this chapter, said provisions shall be held to be the minimum requirements for the promotion of the public health, safety, morals and general welfare. Where the provisions of this chapter impose greater restrictions than those of any other ordinance or regulation, the provisions of this chapter shall be controlling. Where the provisions of any statute, other ordinance or regulation impose greater restrictions than this chapter, the provisions of such statute, ordinance or regulation shall be controlling.
[Amended 8-16-2011 by Ord. No. 2081, approved 8-16-2011]
Unless otherwise expressly stated, the following words and phrases shall be construed throughout this chapter to have the meaning herein indicated. The singular shall include the plural, and the plural shall include the singular. The present tense shall include the future tense.
BASEMENT
The portion of any dwelling located partly underground but having less than 1/2 its clear floor-to-ceiling height below the average grade of the adjoining ground.
CELLAR
The portion of any dwelling having 1/2 or more than 1/2 of its clear floor-to-ceiling height below the average grade of the adjoining ground.
COMMERCIAL ESTABLISHMENT
An establishment, situated on property within the Borough, leased and used for commercial purposes; for example, bars, restaurants, private offices, fitness clubs, oil rigs, retail stores, banks and financial institutions, supermarkets, auto and boat dealerships, and other establishments with common business areas and purposes.
DWELLING UNIT
Any room or group of rooms located in a multiple dwelling and forming a single habitable unit, with facilities that are used or intended to be used for living, sleeping, cooking and eating.
EXTERMINATION
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 poisoning, spraying, fumigating or trapping; or by any other recognized and legal pest-elimination method.
GARBAGE
Includes waste or decayed fruit or animal and vegetable matter, liquid or otherwise, which attends the preparation, use, cooking or storing of meat, fish, fowl or fruit.
HABITABLE ROOM
A room or enclosed floor space used or intended to be used for living, sleeping or eating purposes, excluding bathrooms, laundries, foyers, pantries, communicating corridors, stairways, closets, basement recreation rooms, storage spaces and other nonhabitable areas.
HOUSING OFFICER
The official of the Borough of Glenolden designated by the Borough Council to assist in the enforcement of this chapter.
INFESTATION
The presence, within or around a multiple dwelling, of any insects, rodents or other pests.
MULTIPLE DWELLING
Any building, including an apartment or condominium building, containing two or more dwelling units.
NEW OR CONVERTED DWELLING UNIT
A newly constructed dwelling unit or a dwelling unit located in a single-family dwelling converted into a multiple dwelling.
OCCUPANT
Any person living and sleeping in a dwelling unit or rooming unit.
OPENABLE AREA
The part of a window or door that is available for unobstructed ventilation and that opens directly to the outdoors.
OPERATOR
Any person having charge, care, management or control of any multiple dwelling or part thereof in which dwelling units or rooming units are let.
OWNER
Any person who, alone or jointly or severally with others:
A. 
Shall have legal title to any multiple dwelling or dwelling unit or commercial establishment, with or without accompanying actual possession thereof; or
B. 
Shall have charge, care or control of any multiple dwelling, dwelling unit, or commercial establishment as owner or agent of the owner, or as executor, administrator, trustee or guardian of the estate of the owner. Any such person thus representing the actual owner shall be bound to comply with the provisions of this chapter and of the rules and regulations adopted pursuant thereto to the same extent as if he were the owner.
PERSON
An individual, firm, corporation, association or partnership.
ROOMING UNIT
Any rented room or group of such rooms forming a single habitable unit used or intended to be used for living and sleeping but not for cooking or eating purposes.
RUBBISH
Any waste, discarded or rejected matter or substance, vegetable, animal or mineral, including unused chattels, furnishings, tools, vehicles, implements, trash, debris, scrap, junk, garbage, leaves, decayed or fallen trees, the branches or other parts thereof, stones, ashes, cinders, papers and all other superfluous, abandoned or unused materials or substances of whatsoever kind and condition.
SUPPLIED
Installed, furnished or provided by the owner or operator at his expense.
TEMPORARY HOUSING
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 and is not permitted to be used for habitation in the Borough of Glenolden.
No person shall let to another for occupancy any dwelling unit which does not comply with the following requirements:
A. 
Water supply. Every dwelling unit shall be supplied with a properly installed pressurized potable water supply.
B. 
Kitchen facilities. Every dwelling unit shall be supplied with:
(1) 
A kitchen sink in good working condition and properly installed in conformity with the Plumbing Code of Glenolden Borough.[1]
[1]
Editor's Note: See Ch. 127, Plumbing.
(2) 
Installed cooking facilities or utility connections for such facilities. 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. Stove heating and flame units shall be at least six inches from any facing wall.
(3) 
Every new or converted dwelling unit shall be equipped with an approved exhaust fan capable of removing cooking odors and smoke from all kitchens.
C. 
Bathroom facilities. Every dwelling unit shall contain one or more rooms which afford privacy to a person and which are supplied with a flush toilet, a lavatory basin and a bathtub or shower, all of these facilities in good working condition and properly installed in conformity with the Plumbing Code of the Borough of Glenolden.
D. 
Hot and cold water. Every kitchen sink, lavatory basin and bathtub or shower required by this chapter shall be properly connected in conformity with the Plumbing Code of the Borough of Glenolden and supplied with both hot and cold water. The hot-water lines shall be connected to water-heating facilities which are capable of heating and supplying continuous hot water at a minimum temperature of 120° F. even when the heating facilities required by this chapter are not in operation.
E. 
Plumbing fixtures. All plumbing fixtures shall be properly connected in accordance with the Plumbing Code of the Borough of Glenolden.[2]
[2]
Editor's Note: See Ch. 127, Plumbing.
F. 
Heating facilities, Every multiple dwelling shall be supplied with properly installed heating facilities which are capable of safely and adequately heating all habitable rooms and bathrooms within its walls to a temperature of at least 68° F. at a distance three feet above floor level at an outdoor temperature of 0° F. Portable heating facilities employing flame and which use gasoline, kerosene or gas as fuel do not meet the standard.
G. 
Electrical service. Every multiple dwelling shall be provided with an approved adequate electrical service as defined by the National Electrical Code. Every habitable room and bathroom of such new or converted dwelling shall be supplied with at least two separate electric convenience outlets in the wall. Every bathroom, laundry room, furnace room and public hall shall contain at least one switch-operated light fixture on the ceiling or the wall. Every such outlet or fixture shall be properly installed and shall be maintained in good and safe working condition.
(1) 
All exposed wiring shall have insulation that is not frayed, dry-rotted or brittle and generally in good condition. Switches and outlets shall be operable at all times and plates shall be secured in position. No temporary wiring shall be used except extension cords (no more than one in each outlet) which run directly from portable electrical fixtures to outlets and which are not run under floor-covering materials or extended through doorways, windows or other similar openings. In no case shall extension cords be used outdoors unless specifically rated for exterior use.
No person shall let to another for occupancy any multiple dwelling, dwelling unit or rooming unit which does not comply with the following:
A. 
Natural light in habitable rooms. Every habitable room or bathroom shall have at least one window or skylight facing directly to the outdoors. The minimum aggregate area available for unobstructed light shall not be less than 10% of the floor area of such room.
B. 
Light in nonhabitable space. Every stair, hall, cellar, basement, laundry, furnace room and similar nonhabitable work space located in a structure used for rental for human habitation shall have adequate light capable of providing at all times not less than 50 footcandles of light at floor level. Every public hall and stairway in a multiple dwelling shall also be adequately lighted at all times to provide not less than 50 footcandles of light at floor level.
C. 
Ventilation in habitable rooms. Every habitable room or bathroom shall be ventilated either by openable areas directly accessible to the outdoors and equal to at least 45% of the required window area or by equivalent mechanical ventilation.
D. 
Ventilation in bathrooms. The required bathroom in each dwelling unit shall be ventilated either by an openable area directly accessible to the outdoors and not less than 1 1/2 square feet or by equivalent mechanical ventilation.
E. 
Required space in new or converted dwelling units and sleeping rooms. Every two-bedroom new or converted dwelling unit shall contain at least 650 square feet of total space, excluding stairways. Every one-bedroom new or converted dwelling unit shall contain at least 500 square feet of total space, excluding stairways. In every new or converted dwelling unit of two or more rooms, every room occupied for sleeping purposes shall contain at least 100 square feet of floor space for one person sleeping therein, and 120 square feet of floor space for two persons sleeping therein.
[Amended 12-28-2004 by Ord. No. 2029, approved 12-28-2004]
F. 
Required access to bathrooms or sleeping rooms. No new or converted dwelling unit containing two or more sleeping rooms shall have room arrangements such 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.
G. 
Required ceiling height. In every new or converted dwelling unit, the ceiling height from the floor area of every habitable room shall be seven feet six inches.
H. 
Basement dwelling units. No basement space shall be used as a habitable room or dwelling unit unless:
(1) 
The floor and walls are impervious to leakage of underground and surface runoff water and are insulated against dampness.
(2) 
The requirements of Subsections A and C hereof relating to natural light and ventilation in habitable rooms are met.
(3) 
The required minimum window area is located entirely above the grade of the ground adjoining such window area.
No person shall let to another for occupancy any multiple dwelling or dwelling unit for the purpose of living therein, or any premises, which does not comply with the following requirements. The Housing Officer of the municipality shall cause periodic inspections to be made of rental multiple-dwelling premises to secure compliance with these requirements.
A. 
Grading and drainage.
(1) 
All premises shall be graded and maintained so as to prevent the accumulation of stagnant water thereon or within any building or structure located thereon.
(2) 
Downspouts and rain leaders shall be so placed on all structures as to minimize the flow of excess water upon and across any adjacent properties.
B. 
Noxious weeds.
(1) 
All exterior property areas shall be kept free from species of weeds or plant growth which are noxious or detrimental to the public health, and grass shall not at any time exceed a height of six inches.
(2) 
Hedges, briars or any other growth planted for or intended to be used for ornamental purposes, after the same have lost their ornamental or useful purposes by reason of having been unkempt or untrimmed, shall be ordered cut and removed by the Housing Officer.
C. 
Accessory structures. All accessory structures, including detached garages, toolsheds, storage sheds, fences or any other appurtenances to the main building, shall be maintained at all times in a neat manner, in good repair and shall be effectively structurally sound.
D. 
Junked motor vehicles. No person shall keep or maintain on public or private property any motor vehicle that is inoperable, that does not have a current license tag or current inspection sticker and that has been left unattended for a period of 96 hours. Such vehicle shall be classed as "junked" and shall be removed in accordance with the provisions as hereinafter provided; except that antique cars shall be identified by an antique license plate as issued by the State of Pennsylvania and that automobiles in the process of being reconstructed for purposes of qualifying as antiques shall be registered with the Housing Officer and the Police Department of the Borough of Glenolden.
E. 
Structural safety.
(1) 
Every outside stair, every porch and every appurtenance attached thereto shall be so constructed as to be safe to use and capable of supporting the loads to which it is subjected as required by the Building Code,[1] and shall be kept in sound condition and good repair.
[1]
Editor's Note: See Ch. 54, Building Construction, and Ch. 64, Construction Codes, Uniform.
(2) 
In public or multiple dwellings, every stairwell and every flight of stairs which is more than three risers high shall have handrails or railings. Every handrail shall be firmly fastened and must be maintained in good condition. Properly balustraded railings capable of bearing normally imposed loads shall be placed on the open portions of stairs, balconies, landings and stairwells.
[Amended 12-28-2004 by Ord. No. 2029, approved 12-28-2004]
F. 
Windows and doors.
(1) 
Every window sash shall be fully supplied with glass windowpanes or an approved substitute which are without open cracks or holes. Every window sash shall be in good condition and fit reasonably tight within its frame. Every window, other than a fixed window, shall be capable of being easily opened and shall be held in position by window hardware. Every exterior door, door hinge and door latch shall be maintained in good condition. Every exterior door, when closed, shall fit reasonably well within its frame. Every window, door and frame shall be constructed and maintained in such relation to the adjacent wall construction as to exclude rain as completely as possible and to substantially exclude wind from entering the multiple dwelling or multifamily dwelling.
G. 
Free from dampness. In every rental multiple dwelling, dwelling unit and rooming unit, cellars, basements and crawl spaces shall be maintained reasonably free from dampness to prevent conditions conducive to decay or deterioration of the structure, as required by the Building Code.
H. 
Maintained in good repair. All floors, flooring baseboards and trim shall be free of wide cracks and loose, warped, protruding and rotted sections which could constitute a hazardous and unsanitary condition. Walls and ceilings must be free of holes, large cracks, loose plaster and other structural material which could collapse and become an accident hazard. Plaster, paint and other surface materials shall be of such character as to be easily cleanable and reasonably smooth, clean and tight.
I. 
Bathroom floors. Every toilet 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.
No person shall let to another for occupancy any multiple dwelling, dwelling unit or rooming unit in a structure which does not comply with the following minimum standards for safe and sanitary maintenance:
A. 
Structural condition. Every foundation shall be watertight and rodentproof and shall be kept in good repair.
B. 
Openings to the exterior. Every window, exterior door, hatchway or skylight shall be effectively weathertight and watertight and shall be kept in sound working condition and good repair.
C. 
Stairways, porches and balconies. Every stairway, porch and balcony as well as 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 repair.
D. 
Storage rooms. Storage rooms in all multiple dwellings that furnish tenants with lockers for storage shall have walls and ceilings covered with either Sheetrock or wire lath with cement plaster having a burn rating of at least 90 minutes.
In addition to any specific contractual agreements between owners and occupants with respect to responsibilities, the following shall apply:
A. 
Maintenance of premises.
(1) 
Every adult occupant of a dwelling unit or rooming unit shall be responsible for maintaining in clean and sanitary condition the premises which he occupies or controls. Every owner of a building containing two or more dwelling and/or rooming units shall be responsible for maintaining in clean and sanitary condition the shared or public areas within and around such building and premises.
(2) 
Every dwelling unit in which animals of any kind are housed must be kept clean and free from animal droppings and obnoxious odors. In the event the animals are housed in other accessory structures, these structures and the surrounding yard shall be clean and free of animal droppings and obnoxious odors.
B. 
Maintenance of equipment. Every occupant of a dwelling unit or rooming unit shall be responsible for the exercise of proper care in the use and operation of all plumbing fixtures, appliances and equipment therein. Every owner of a building containing two or more dwelling and/or rooming units shall be responsible for keeping supplied facilities in proper operating condition.
C. 
Waste disposal.
(1) 
Every occupant of a dwelling unit or rooming unit shall dispose of rubbish, garbage and other refuse in accordance with the regulations of the Borough of Glenolden governing such matters.[1] In a structure containing two or more dwelling and/or rooming units, it shall be the responsibility of the owner to assure that adequate rubbish and garbage containers are provided.
[1]
Editor's Note: See Ch. 86, Garbage, Rubbish and Refuse.
(2) 
Rubbish stored outdoors shall be stored in one or more rubbish storage containers which are flytight, rodentproof, nonflammable, waterproof and weatherproof.
(3) 
Rubbish stored in the basement or cellar or in an enclosed structure such as a shed shall be stored in nonflammable containers.
(4) 
No loose rubbish shall be placed upon or strewn about on the floor of any basement or cellar or other part of any dwelling or on the ground surrounding any multiple dwelling.
(5) 
Garbage is to be wrapped and stored in one or more flytight and watertight metal garbage storage containers equipped with tightly fitting metal covers.
(6) 
Every outside or inside garbage or rubbish storage container shall be so maintained and so located on the premises that no odors will permeate any dwelling or dwelling units.
(7) 
No loose garbage shall be placed upon or strewn about on the floor of any basement or cellar or any other part of any dwelling or on the ground surrounding any multiple dwelling.
(8) 
Waste storage facilities shall be so located and designed that access can be had at all times by waste collectors. Parking in front of such facilities shall be prohibited, and such prohibition shall be enforced by the owner.
D. 
Extermination. In a structure containing two or more dwelling and/or rooming units, the owner and the operator shall be responsible for such extermination.
E. 
Discontinuance of utilities or facilities. No owner, operator or occupant shall cause any service facility, equipment or utility which is required to be supplied under the provisions of this chapter to be removed from, shut off from or discontinued for any occupied dwelling unit or rooming unit, except for necessary repairs, alterations or emergencies, but not to exceed 12 hours per day; except that the owner shall not be responsible for such public utility where said owner has no control over the same.
F. 
Occupancy of vacant units. No person shall occupy or permit to be occupied by another any vacant rental dwelling unit or rooming unit unless or until it is in good repair, clean, sanitary, in habitable condition and in full compliance with all the provisions of this chapter. No new or converted rental dwelling unit or rooming unit shall be occupied and no rental dwelling unit or rooming unit which has been vacated shall be occupied until the annual certificate of occupancy is first obtained from the Housing Officer. Units shall first be inspected by the Housing Officer before issuing the annual certificate of occupancy, to determine whether all of the requirements of this chapter have been met. If a rental dwelling unit or rooming unit is vacated after the issuance of the annual certificate of occupancy, a new application for a certificate of occupancy and resultant inspection is not required, whether the said unit is left vacant or is subsequently occupied, until the next year’s application period for the annual certificate of occupancy.
[Amended 12-28-2004 by Ord. No. 2029, approved 12-28-2004]
G. 
Screening. Every owner of a building containing two or more dwelling and/or rooming units shall be responsible for providing every operable window, door or other opening to the exterior with effective screening protection against mosquitoes, flies and other insects.
H. 
Sidewalks.
(1) 
Sidewalks, together with any portion of a property that is paved and used as a sidewalk or public walk, shall be kept in good repair, free from large cracks, raised blocks, depressions or any condition which could render the sidewalk hazardous to pedestrian travel.
(2) 
Sidewalks shall at all times be kept free and clear of all obstructions to safe and convenient passage.
(3) 
Tree branches, bushes or any other growth shall not project over any sidewalk lower than a height of nine feet, nor shall they protrude in such a manner as to restrict safe and convenient passage.
The Borough Council of the Borough of Glenolden shall appoint a Housing Officer and such deputies and assistants as are necessary to enforce the provisions of this chapter. Such positions may be combined with another position or positions established in the Borough. In order to determine compliance with and enforce the provisions of this chapter, the following shall apply:
A. 
Issuance of certificates of occupancy.
[Amended 12-28-1978 by Ord. No. 823, approved 12-28-1978; 5-12-1988 by Ord. No. 931, approved 5-12-1988; 12-14-1991 by Ord. No. 964, approved 12-14-1991; 9-8-1994 by Ord. No. 1007, approved 9-8-1994]
(1) 
Every person, firm, corporation, or any other type of entity owning, managing, conducting or operating a dwelling unit and/or rooming unit, shall not rent, lease, let out, or permit the same to be occupied without first applying for and securing the following:
[Amended 12-28-2004 by Ord. No. 2029, approved 12-28-2004]
(a) 
An annual certificate of occupancy for each occupied and vacant dwelling unit(s) issued pursuant to the provisions of this chapter and other applicable ordinances, rules and regulations enacted by the Borough Council.
(b) 
The above requirement shall not apply to a residential, owner-occupied individual dwelling unit.
(c) 
A certificate of occupancy shall be required whenever there is a change in ownership in any residential owner-occupied structure.
(2) 
The Housing Officer and/or his agent or agents are hereby authorized and directed to process all applications for certificates of occupancy and, prior to the issuance of same, to determine, by inspection if necessary, that all the requirements of this chapter and/or any other applicable ordinances and rules and regulations enacted by the Borough Council have been met. The fee for the application and issuance of any certificate of occupancy (as well as any fee for reinspection(s) of properties) shall be set from time to time at the discretion of Borough Council by resolution.
[Amended 2-17-2004 by Ord. No. 2016, approved 2-17-2004; 12-28-2004 by Ord. No. 2029, approved 12-28-2004]
(3) 
The fee for inspection shall be filed with the application for a certificate of occupancy.
B. 
The owner and the operator of any dwelling unit which has been rented, leased or let out or rerented during any calendar year shall, on or before May 15 of the following year, file a list with the Housing Officer setting forth the number of units occupied as of December 31 of the reporting year and the names of the tenants thereof.
[Amended 10-20-1998 by Ord. No. 1057, approved 10-20-1998]
C. 
Inspection and access to dwellings. The Housing Officer or his agents are hereby authorized and directed to make inspections of the conditions of rental dwellings, multiple dwelling units, rooming units and other structures located in the Borough of Glenolden. Upon display of proper identification, the inspector is authorized to enter, examine and survey such units and premises on weekdays between 9:00 a.m. and 4:00 p.m. or at such other time as may be necessary in an emergency or as mutually agreed upon by the occupant and the Housing Officer or one of his agents.
(1) 
In the event a mutually agreeable date and time cannot be agreed to, the Housing Officer and/or his agent or agents are authorized to select the date and time for the inspection. The inspection date and time shall be confirmed by a certified notice of inspection letter, return receipt requested, sent via U.S. mail and addressed to the last known mailing address of the property owner or manager. The inspection date and time shall also be confirmed by a notice of inspection letter sent via regular U. S. mail and addressed to the last known mailing address of the property owner or manager. In no event shall an inspection be scheduled any sooner than 14 days from the date upon which the notice letter was mailed.
[Added 12-28-2004 by Ord. No. 2029, approved 12-28-2004]
(2) 
If the subject property is not made available for inspection on the inspection date confirmed in accordance with either of the foregoing provisions and in the event the property owner or manager and the Housing Officer (or his agent or agents) have not rescheduled the inspection within 10 days of the confirmed inspection date, any previously issued certificate of occupancy for the subject dwelling unit shall be revoked by the Housing Officer and/or his agent(s).
[Added 12-28-2004 by Ord. No. 2029, approved 12-28-2004]
(3) 
In the event any person, firm, corporation, or any other type of entity owning, managing, conducting or operating a dwelling unit and/or rooming unit fails to apply for and obtain an annual certificate of occupancy as required by this chapter, in addition to any other remedies provided for by this chapter, the Housing Officer and/or his agent(s) are hereby empowered and authorized to issue a citation to any and/or each of the aforementioned person, firm, corporation, or any other type of entity owning, managing, conducting or operating a dwelling unit and/or rooming unit, and upon conviction before a District Justice, pay a penalty of not less than $200 nor more than $300 plus court costs and reasonable attorney’s fees, for each violation, and in default of payment of such penalty and costs be imprisoned for not less than one day nor more than 30 days. Each day there exists a violation of this section shall constitute a separate violation of this chapter, and the Housing Officer and/or his agent(s) may at their discretion issue a separate citation for each such individual violation.
[Added 12-28-2004 by Ord. No. 2029, approved 12-28-2004]
D. 
Access for repairs. Every occupant of a rental dwelling unit or rooming unit shall grant to the owner or his agents or employees free access to it at reasonable times for the purpose of making repairs or alterations to effect compliance with this chapter.
E. 
Notice of violation.
(1) 
When the Housing Officer determines that there exists a violation of any provision of this chapter, he shall serve written notice of such violation on the person or persons responsible therefor, as hereinafter provided:
(2) 
Such notice shall:
(a) 
Be put in writing.
(b) 
Include a statement of the reasons why it is being issued.
(c) 
Allow a reasonable time for the performance of any act it requires.
(d) 
Be served upon the owner or his agent or upon the occupant, as the case may require, provided that such notice shall be deemed to be properly served upon such person if a copy thereof is sent by registered or certified mail to his last known address or if he is served by any other method authorized or required under the laws of this state.
(3) 
Such notice may contain an outline of remedial action which, if taken, will effect compliance with the provisions of this chapter and with rules and regulations adopted pursuant thereto.
F. 
Appeals from notice of violation. Any person affected by any notice which has been issued in connection with the enforcement of any provisions of this chapter or of any rule or regulation adopted pursuant thereto may request and shall be granted a hearing on the matter before the Borough Council of Glenolden or a committee appointed by the Borough Council, provided that such person shall file in the office of the Housing Officer a written petition requesting such hearing and setting forth a brief statement of the grounds therefor within seven days after the day the notice was served. Upon receipt of such petition, the Borough Council or its appointed committee shall set a time and place for such hearing and shall give 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 seven days after the day on which the petition was filed. After the hearing, the Borough Council or its appointed committee may sustain, modify or withdraw the notice of the violation on the basis of the findings at the hearing and shall give petitioner written notice thereof. Such proceedings shall be summarized in writing and shall become a matter of public record in the office of the Housing Officer. Such record shall also include a copy of every notice or order issued in connection with the matter. If the appointed committee hears the petitioner and makes a decision which the petitioner rejects, the petitioner shall have the right to appeal to the entire Borough Council within seven days of receiving the notice, asking the entire Borough Council to hear the case and make the ruling. Any person aggrieved by the decision of the Borough Council may seek relief therefrom in any court of competent jurisdiction, as provided by the laws of this state.
G. 
Effective date of notice of violation. Any notice served pursuant to Subsection E shall automatically become an order if a written petition is not filed in the office of the Housing Officer within seven days after such notice is filed.
H. 
Emergency action. Whenever the Housing Officer finds that there exists any violation of this chapter which creates an emergency requiring immediate correction to protect the health or safety of any occupant of a rental dwelling or the public, he may issue an order reciting the existence of such an emergency and requiring that such action be taken as he deems necessary to meet the emergency. Notwithstanding the other provisions of this chapter, such order shall be effective immediately. Any person to whom such order is directed shall comply therewith immediately but, upon petition to the Borough Council ,shall be afforded a hearing as soon as possible. After such hearing, depending upon the findings of the Council as to whether the provisions of this chapter and of the rules and regulations adopted pursuant thereto have been complied with, the Housing Officer shall continue such order in effect, or modify it, or revoke it.
I. 
Dwelling units unfit for human habitation. Whenever the Housing Officer finds that a rental dwelling unit constitutes a serious hazard to the health or safety of the occupants or to the public because it is dilapidated, unsanitary, vermin-infested, rodent-infested or lacking in basic facilities and equipment required by this chapter, he shall designate such dwelling unit as unfit for human habitation. Such designation shall be posted on the dwelling and shall specify the reason for such a finding. A notice of violation shall also be served in accordance with the provisions of Subsection E. Any dwelling unit so designated shall be vacated within a reasonable time as specified by the Housing Officer and shall not again be used for human habitation until the hazard or violation has been eliminated or corrected and the Housing Officer has removed the designation and given written approval for occupancy. A report of any such closings must immediately be filed with the Borough Council.
J. 
Adoption of rules and regulations. The Borough Council is authorized to make and adopt such procedural rules as it may deem necessary for the proper enforcement of this chapter, provided that such procedural rules and regulations shall not be in conflict with the substantive provisions of this chapter. Such rules and regulations 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 the provisions of this chapter.
K. 
Abatement of violations. If a violation has not been corrected within the time designated for such compliance and the Borough Council finds that the continuation of such violation constitutes a public nuisance or hazard, it may order the correction of such violation, using Borough funds or Borough personnel to accomplish such corrections, and may charge the cost thereof to the violator. It may collect such cost by lien and/or otherwise as may be authorized by the laws of this state.
L. 
Penalty for violations. Any person, firm, corporation, or any other type of entity who violates any provision of this chapter or any provision of any resolution, rule or regulation adopted by the Borough Council pursuant to authority granted by this chapter or fails to correct within a reasonable time (the determination of a reasonable time is in the sole discretion of the Housing Officer and/or his agent(s), but in no event shall be less than 20 days) the defects for which the dwelling or dwellings have been cited, shall, upon conviction before a District Justice, pay a penalty of not less than $200 nor more than $300 plus court costs and reasonable attorney’s fees for each violation and, in default of payment of such penalty and costs, be imprisoned for not less than one day nor more than 30 days.
[Amended 12-9-1982 by Ord. No. 867, approved 12-9-1982; 12-28-2004 by Ord. No. 2029, approved 12-28-2004]
M. 
Revocation of certificates of occupancy; eviction of tenants. Notwithstanding anything set forth in this chapter to the contrary, this § 93-9 shall be applicable to all single-family rental dwelling units, multiple dwelling units and commercial establishments.
[Amended 8-16-2011 by Ord. No. 2081, approved 8-16-2011]
(1) 
Any single-family rental dwelling unit owner whose tenant has six police nuisance complaints against the tenant or property in any consecutive twenty-four-month period following the commencement of the then-current lease term shall have said property's certificate of occupancy revoked. After three complaints in the aforementioned time period, the owner will be notified, via certified mail, that there have been three complaints, against its tenant or property and, after an additional three complaints the certificate of occupancy shall be revoked for one year in accordance with Subsection M(4) below.
(2) 
Any owner of a multiple dwelling unit building that has six police nuisance complaints on a single dwelling unit in any consecutive twenty-four-month period following the commencement of the then-current lease term shall have the certificate of occupancy for that unit revoked. After three complaints in the aforementioned time period, the owner will be notified, via certified mail, that there have been three complaints, against its tenant or property and, after an additional three complaints, the certificate of occupancy shall be revoked for one year in accordance with Subsection M(4) below.
(3) 
Any commercial establishment rental property owner whose tenant has six police nuisance complaints against the tenant or property in any consecutive twenty-four-month period following the commencement of the then-current lease term shall have the property's certificate of occupancy revoked. After three complaints in the aforementioned time period, the owner will be notified, via certified mail, that there have been three complaints against its tenant or property and, after an additional three complaints, the certificate of occupancy shall be revoked for one year in accordance with Subsection A(4) below.
(4) 
The owner shall be notified that there have been six police nuisance complaints and that his/her certificate of occupancy has been revoked. Once notified of the six complaints, the owner shall have seven calendar days to start eviction proceedings and show proof of court date to the Borough's Housing Officer (or duly appointed assistant). If proof is not shown in seven calendar days, a citation shall be issued on a weekly basis until proof is shown of eviction proceedings. The one-year revocation period shall commence the date notice was issued pursuant to this subsection.