[HISTORY: Adopted by the Borough Council of the Borough of
Ridley Park 8-8-1972 by Ord. No.
904. Amendments noted where applicable.]
GENERAL REFERENCES
Building construction — See Ch. 73.
Electrical standards — See Ch. 96.
Fire prevention — See Ch. 105.
Garbage, rubbish and refuse — See Ch. 115.
Mechanical standards — See Ch. 133.
Nuisances — See Ch. 138.
Plumbing — See Ch. 158.
Property maintenance — See Ch. 160.
Rental property — See Ch. 166.
This chapter is enacted for the following purposes: to promote
and protect the health, safety, morals and general welfare of the
inhabitants of the Borough of Ridley Park by abating overcrowded housing
conditions, securing adequate lighting, heating, ventilation, access
and egress and preventing or correcting unhygienic, unsanitary or
unsafe conditions which might constitute a menace to residents of
the Borough of Ridley Park.
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 "Borough
of Ridley Park Housing Code."
A.
The singular shall include the plural, and the plural shall include
the singular. The present tense shall include the future tense.
B.
BASEMENT
BUILDING INSPECTOR
CELLAR
DWELLING
DWELLING UNIT
EXTERMINATION
GARBAGE
HABITABLE ROOM
INFESTATION
MULTIPLE DWELLING
OCCUPANT
OPENABLE AREA
OPERATOR
OWNER
(1)
(2)
PERSON
ROOMING UNIT
RUBBISH
SUPPLIED
TEMPORARY HOUSING
Unless otherwise expressly stated, the following words and phrases
shall be construed throughout this chapter to have the meanings herein
indicated:
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.
An official of the Borough of Ridley Park designated by the
Borough Council to assist in the enforcement of this chapter.
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.
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.
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.
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
method of pest elimination.
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.
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.
The presence, within or around a dwelling, of any insects,
rodents or other pests.
A building containing two or more dwelling units.
Any person, including an owner or operator, living and sleeping
in a dwelling unit or rooming unit.
The part of a window or door which is available for unobstructed
ventilation and which opens directly to the outdoors.
Any person having charge, care, management or control of
any dwelling or part thereof in which dwelling units or rooming units
are let.
Any person who, alone or jointly or severally with others:
Shall have legal title to any dwelling or dwelling unit, with
or without accompanying actual possession thereof; or
Shall have charge, care or control of any dwelling or 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.
An individual, firm, corporation, association or partnership.
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.
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.
Installed, furnished or provided by the owner or operator
at his expense.
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 is not
permitted in the Borough of Ridley Park.
No person shall occupy as owner-occupant or shall let to another
for occupancy any dwelling or 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:
(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)
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 Ridley Park.
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 Ridley Park 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 Ridley Park.
F.
Heating facilities. Every 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 of 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.
(1)
Every dwelling shall be provided with an approved adequate electrical
service as defined by the National Electrical Code. Every habitable
room and bathroom of such 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.
(2)
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 occupy as owner-occupant or shall let to another
for occupancy any 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 be not 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 human habitation shall have adequate natural
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 sleeping rooms. In every dwelling unit of two or
more rooms, every room occupied for sleeping purposes shall contain
at least 80 square feet of floor space.
F.
Required access to bathrooms or sleeping rooms. No 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.
G.
Required ceiling height. The floor area of every habitable room shall
have a ceiling height of at least seven feet six inches.
H.
Basement dwelling units. No basement space shall be used as a habitable
room or dwelling unit unless:
No person shall occupy as owner-occupant or let to another for
occupancy any dwelling unit for the purpose of living therein, or
premises, which does not comply with the following requirements. The
Housing Officer of the municipality shall cause periodic inspections
to be made of 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
that they will 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. In the event that this provision is violated, the Borough Manager or other designated official is hereby authorized and directed to serve a notice on any such owner, tenant or occupier of lands, notifying such persons that such grass, weeds or brush shall be removed within a period of 10 days from the receipt of such notice and that such notice is constructive notice as to all future violations for the period of one year from the date of issue. Said notice shall also state that if at any time within one year after notice is issued the occupier fails to comply with this Subsection B(1) of this chapter, the Borough will institute a penalty pursuant to § 124-10J of this chapter. Service of such may be effected by personal service or by certified mail.
[Amended 7-12-1983 by Ord. No. 989]
(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 unkept or untrimmed, shall
be ordered cut and removed by the Housing Officer.
C.
Accessory structures. All accessory structures, including detached
garages, tool sheds, 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 Commonwealth
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 Ridley
Park.
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.
(2)
Public or multiple dwellings. Every stairwell and every flight of
stairs which is more than two risers high shall have handrails or
railings. Every handrail shall be firmly fastened and must be maintained
in good condition. Properly balustraded railing capable of bearing
normally imposed loads shall be placed on the open portions of stairs,
balconies, landings and stairwells.
F.
Windows and doors.
(1)
Every window sash shall be fully supplied with glass window panes,
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.
(2)
Every window other than a fixed window shall be capable of being
easily opened and shall be held in position by window hardware.
(3)
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.
(4)
Every window, door and frame shall be constructed and maintained
in such relation to the adjacent wall construction so as to exclude
rain as completely as possible and to substantially exclude wind from
entering the dwelling or multifamily dwelling.
G.
Freedom from dampness. In every dwelling, multidwelling, 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.
Maintenance. All floors, flooring, baseboards and trim shall be free
of wide cracks and loose, warped, protruding and rotten 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 occupy as owner-occupant or shall let to another
for occupancy any 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, wall, ceiling and roof shall
be structurally sound; shall be effectively weathertight, 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 so
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 Sheetrock or wire lath with cement plaster, either 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.
(2)
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.
(3)
Every dwelling in which animals of any kind are housed must be kept
clean and free from animal droppings and obnoxious odors. In the event
that 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 Ridley Park 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. Owners
of all commercial properties and owners of all apartments containing
more than four apartment units shall provide, at their own expense,
their own trash and garbage collections as frequently as such collections
are provided by the Borough.
(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 the floor of
any basement or cellar or other part of any dwelling or on the ground
surrounding any 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 the floor of
any basement or cellar or any other part of any dwelling or on the
ground surrounding any 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 enforced by the owner.
D.
Extermination. The renter-occupant of a dwelling containing a single
dwelling unit shall be responsible for extermination of any rodents,
vermin or other pests therein or on the premises. In a structure containing
two or more dwelling and/or rooming units, the occupant shall be responsible
for such extermination whenever his unit is the only one infested.
When, however, infestation of any unit is caused by failure of the
owner to maintain such unit in a rodentproof condition or when two
or more units within a structure are infested, extermination shall
be the responsibility of the owner.
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 code 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.
F.
Occupancy of vacant units. No person shall occupy or permit to be
occupied by another any vacant 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 code. Units
shall be inspected by the Housing Officer before allowing reoccupancy.
G.
Screening. Every owner of a building containing two or more dwelling
and/or rooming units shall be responsible for providing every 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 obstruction
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 Ridley Park shall appoint
a Housing Officer and such deputies and assistants as are necessary
to enforce the provisions of this code. 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
code, the following shall apply:
A.
Inspection and access to dwellings. The Housing Officer or his agents
are hereby authorized and directed to make inspections of the conditions
of dwellings, multiple-dwelling units, rooming units and other structures
located in the Borough of Ridley Park. 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.
B.
Access for repairs. Every occupant of a 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 code.
C.
Notice of violation. When the Housing Officer or his authorized assistant
determines that there exists a violation of any provision of this
code, he shall serve written notice of such violation to the person
or persons responsible therefor, as hereinafter provided.
[Amended 10-21-2003 by Ord. No. 1131]
(1)
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 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.
(2)
Such notice may contain an outline of remedial action which, if taken,
will effect compliance with the provisions of this code and with rules
and regulations adopted pursuant thereto.
D.
Appeals from notice of violation. Any person affected by any notice
which has been issued in connection with the enforcement of any provision
of this code 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 Ridley Park 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 three 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 the 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 of the hearing
and shall give the 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 five days
of receiving the notice asking that the entire Borough Council 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.
E.
Effective date of notice of violation. Any notice served pursuant to Subsection C above shall automatically become an order if a written petition is not filed in the office of the Housing Officer within three days after such notice is filed.
[Amended 10-21-2003 by Ord. No. 1131]
F.
Emergency action. Whenever the Housing Officer or his authorized
assistant finds that there exists any violation of this code which
creates an emergency requiring immediate correction to protect the
health or safety of any occupant of a 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 code, 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 code and of the rules and regulations adopted
pursuant thereto have been complied with, the Housing Officer shall
continue such order in effect, modify it or revoke it.
[Amended 10-21-2003 by Ord. No. 1131]
G.
Dwellings unfit for human habitation. Whenever the Housing Officer or his authorized assistant finds that a dwelling 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 code, he shall designate such dwelling 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 C above. Any dwelling 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.
[Amended 10-21-2003 by Ord. No. 1131]
H.
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.
I.
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.
J.
Violations and penalties. Any person who violates any provision of
this code or any provision of any rule or regulation adopted by the
Borough Council pursuant to authority granted by this code or fails
to correct in a reasonable time the defects for which the dwelling
or dwellings have been cited shall, upon conviction before a District
Judge of competent jurisdiction, pay a penalty of not less than $25
nor more than $600 and, in default of payment of such fine, be imprisoned
for not less than one day nor more than 30 days, and each day's
failure to comply with any such provision shall constitute a separate
violation.
[Amended 10-21-2003 by Ord. No. 1131]
K.
Issuance of certificates of occupancy.
[Added 4-15-2003 by Ord.
No. 1121; amended 7-15-2003 by Ord. No. 1126; 7-21-2009 by Ord. No. 1185]
(1)
No person, firm or corporation owning, managing, conducting or operating
a dwelling unit shall rent, let out or permit the same to be occupied
without first submitting such dwelling unit to an inspection by the
housing officer and/or his agent and securing a certificate of occupancy
for each occupied and vacant dwelling unit located within the same
building. The certificate of occupancy shall be issued pursuant to
the provisions of this chapter and other applicable ordinances and
rules and regulations enacted by the Borough Council. The certificate
of occupancy shall be valid and remain in effect for a period of two
years following its date of issue. The holder of a certificate of
occupancy shall apply for a renewal certificate of occupancy at least
60 days prior to the expiration of such two-year period.
(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 the same, to conduct an inspection of
the dwelling unit and determine that the dwelling unit complies with
all requirements of this chapter and/or any other applicable ordinances
and rules and regulations enacted by the Borough Council. The housing
officer shall not issue a certificate of occupancy for any dwelling
unit that does not comply with the requirements of this chapter and/or
any other applicable ordinances and rules and regulations enacted
by the Borough Council.
(3)
The application for a certificate of occupancy shall be accompanied
by a fee, which fee shall be set by Borough Council from time to time
by resolution.
(4)
Any person, firm or corporation owning, managing, conducting or operating
a 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.
L.
Procedure for inspection.
[Added 6-15-2004 by Ord.
No. 1144]
(1)
The Housing Officer and/or his agent or agents shall contact the
owner and/or property manager of the dwelling unit to be inspected
at least two weeks in advance of an anticipated inspection in order
to confirm a mutually agreeable inspection date and time. In the event
that his contact results in confirming an inspection date and time,
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.
(2)
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.
(3)
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, the certificate
of occupancy for the subject dwelling unit shall be revoked.
[Added 9-14-1976 by Ord.
No. 944; amended 10-21-2003 by Ord. No. 1131]
The use of pesticides shall conform to the provisions of the
Pennsylvania Pesticide Control Act of 1973, 3 P.S. § 111.21
et seq.
[Added 9-14-1976 by Ord.
No. 944]
A.
It shall be unlawful for any person to place, have, dump or permit
to accumulate any garbage, rubbish, junk or unlicensed junked used
car or trash in any building or upon any premises or open lot or alley
so as to afford food or harborage for rats.
B.
It shall be unlawful for any person to accumulate on any premises
or open lot or alley any firewood unless the same shall placed upon
open racks at least eight inches above the ground.
[Amended 2-9-1993 by Ord.
No. 1051]
