This chapter is enacted for the following purpose: to promote and protect
the health, safety, morals and general welfare of the inhabitants of the Township
of Marple by abating overcrowded housing conditions; assuring adequate lighting,
heating, ventilation, access and egress; avoiding undue concentration of population;
and preventing or correcting unhygienic, unsanitary or unsafe conditions which
might constitute a menace to residents and visitors in the Township.
In interpreting and applying the provisions of this chapter, they 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.
This chapter shall be known and may be cited as the "Marple Township
Housing Code."
[Added 1-8-1973 by Ord. No. 73-3]
The provisions of this chapter shall apply to all dwellings and dwelling
units as defined herein, irrespective of when such dwellings or dwelling units
shall have been constructed, altered or repaired. It is the specific purpose
of this provision to give the standards set forth in this chapter retroactive
effect.
Unless otherwise expressly stated, the following words and phrases shall
be construed throughout this chapter to have the meanings 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 half its clear floor-to-ceiling height below the average grade of
the adjoining ground.
CELLAR
The portion of any dwelling having half or more than half of its
clear floor-to-ceiling height below the average grade of the adjoining ground.
DWELLING
Any building which is used or intended to be used, in whole or in
part, for living or sleeping by human occupants, provided that temporary housing,
as hereinafter defined, shall not be regarded as a dwelling.
DWELLING UNIT
Any room or group of rooms located in a dwelling and forming a single
habitable unit with facilities which 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.
GARBAGE
Includes offal, dead animals, decaying or putrid vegetable or organic
waste matter and all liquid substances derived therefrom.
GRAFFITI
Any letters, numbers, word or words, writing, inscription, symbol,
drawing, carving, etching or any other marking of any nature whatsoever which
defaces, obliterates, covers, alters, damages or destroys the real or personal
property. This definition shall not be construed to prohibit easily removable
chalk markings on the public sidewalks and streets used in connection with
traditional children's games.
[Added by Ord. No. 97-5]
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 and
storage spaces.
HOUSING OFFICER
The Housing Officer shall be an official of the Township of Marple
designated by the Board of Commissioners to assist in the enforcement of this
chapter.
INFESTATION
The presence within or around a dwelling of any insects, rodents
or other pests.
MULTIPLE DWELLING
A building containing three or more dwelling units or families living
independently of one another.
OCCUPANT
Any person, including an owner or operator, living and sleeping in
a dwelling unit or rooming unit.
OPENABLE AREA
The part of a window or door which is available for unobstructed
ventilation and which opens directly to the outdoors.
OPERATOR
Any person having charge, care, management or control of any 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 dwelling or dwelling unit, with or without
accompanying actual possession thereof; or
B.
Shall have charge, care or control of any dwelling dwelling unit, 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
Combustible and noncombustible waste materials, except garbage.
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 on the same premises for more
than 30 consecutive days.