The purpose of this chapter is to establish
minimum housing and firesafety standards for various types and classes
of buildings located within the Borough of Marietta and facilities
and services associated with these buildings, under the authority
granted to it by the Borough Code of the Commonwealth of Pennsylvania.
A.
BASEMENT
CELLAR
CENTRAL HEATING
DWELLING
DWELLING UNIT
EXTERMINATION
GARBAGE
HABITABLE ROOM
HOUSING HEARING BOARD
(1)
(2)
(3)
HOUSING OFFICER
(1)
(2)
INFESTATION
MULTIPLE DWELLING
OCCUPANT
OPERATOR
ORDINARY MINIMUM WINTER CONDITIONS
OWNER
(1)
(2)
PERSON
PLUMBING
PREMISES
PUBLIC NUISANCE
(1)
(2)
(3)
(4)
(5)
(6)
(7)
(8)
ROOMING HOUSE
ROOMING UNIT
RUBBISH
SUPPLIED
TEMPORARY HOUSING
The following definitions shall apply in the interpretation
and enforcement of this chapter:
A portion of a building located partly underground but having
less than half its clear floor-to-ceiling height below the average
grade of the adjoining ground.
A portion of a building located partly or wholly underground
and having half or more than half its clear floor-to-ceiling height
below the average grade of the adjoining ground.
The heating system permanently installed and adjusted so
as to provide the distribution of heat to all habitable rooms, bathrooms
and water closet compartments from a source outside these rooms. Permanently
installed electric heating units or permanently installed gas or kerosene
space heaters, if approved by the Housing Officer, shall be in compliance
with this definition. Any electrical heating device which under normal
circumstances and by means of its own design is portable shall not
be considered in compliance with this definition.
Any building which is wholly or partly used or intended to
be used 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 within 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, trapping; or by any other recognized and legal
pest elimination methods approved by the Pennsylvania Department of
Health.
The animal and vegetable waste resulting from the handling,
preparation, cooking and consumption of food.
A room or enclosed floor space used or intended to be used
for living, sleeping, cooking or eating purposes, excluding bathrooms,
water closet compartments, laundries, pantries, foyers or communicating
corridors, closets and storage space.
An appeals board consisting of three persons, residents of
Marietta Borough, appointed by the Council of the Borough of Marietta.
The members who are first appointed shall be appointed for terms of
one, two and three years expiring on the 31st day of December 1980,
1981 and 1982, respectively. Thereafter the terms of office shall
be for a period of three years or until their successors are appointed.
[Amended 4-9-1985 by Ord. No. 85-3]
The Chairman of this Board may appoint for a
term of one year alternate members of the Board, who shall act as
voting members of the Board when a member of the Board is disqualified
as a result of a conflict of interest or when a member is absent from
a hearing. Each member shall serve until his successor has been appointed.
Vacancies in the Board occurring otherwise than
by expiration of term shall be filled for the unexpired term by appointments
made in the same manner as the original appointment.
Financial interest. A member of the Board shall
not participate in any hearings or vote on any appeal in which he/she
has a direct or indirect financial interest or is engaged as a contractor
or is engaged in the preparation of plans and specifications or in
which he/she has any personal interest.
The person appointed by the Council of the Borough of Marietta
to make inspections and otherwise perform and enforce the provisions
of this chapter.
The Housing Officer shall have the authority
to institute summary criminal proceedings as a means of enforcement
of this chapter and shall, when acting within the scope of his employment
hereunder, have the powers of a police officer of the Borough; provided,
however, that under no circumstances shall be/she have the power of
arrest.
The Borough Council, at its pleasure, may appoint
Deputy Housing Officers if the need for same arises. Any such Deputy
Housing Officers shall have the same powers and duties as the Housing
Officer but shall administratively be under the Housing Officer's
control. Any reference in this chapter to "Housing Officer" shall
hereby be construed to include any duly appointed Deputy Housing Officer.
The presence within or around a dwelling of any insects,
rodents or other pests.
Any dwelling containing more than two dwelling units.
Any person over one year of age living, sleeping, cooking
or eating in or having actual possession of a dwelling unit or rooming
unit.
Any person who has charge, care or control of a building
or parts thereof in which dwelling units or rooming units are let.
The temperature of 15° F. above the lowest recorded temperature
for the previous ten-year period.
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, executrix,
administrator, administratrix, 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 rules
and regulations adopted pursuant thereto to the same extent as if
he/she were the owner.
Includes any individual, firm, corporation, association or
partnership.
Includes all of the following supplied facilities and equipment:
gas pipes, gas-burning equipment, water pipes, garbage disposal units,
waste pipes, water closets, sinks, installed dishwasher, lavatories,
bathtubs, shower baths, installed clothes-washing machines, catch
basins, drains, vents and any other similar supplied fixtures, together
with all connections to water, sewer or gas lines.
The area of land surrounding a dwelling and includes all
garages, barns, shed and other out-buildings, which shall be maintained
in good, clean and sanitary condition, structurally sound and free
of rodents and vermin.
Includes but is not limited to the following:
The physical conditions or use of any premises
regarded as a public nuisance at common law.
Any physical condition, use or occupancy of
any premises or its appurtenances considered an attractive nuisance
to children, including but not limited to abandoned wells, shafts,
basements, excavations and unsafe fences or structures.
Any premises which have unsanitary sewerage
or plumbing facilities.
Any premises designated as unsafe for human
habitation or use.
Any premises which are manifestly capable of
being a fire hazard or are manifestly unsafe or unsecure as to endanger
life, limb or property.
Any premises from which the plumbing, heating
and/or facilities required by this chapter have been removed, or from
which utilities have been disconnected, destroyed, removed or rendered
ineffective, or in which the required precautions against trespassers
have not been provided.
Any premises which are unsanitary or which are
littered with rubbish or garbage or which have an uncontrolled growth
of weeds.
Any structure or building that is in a state
of dilapidation, deterioration or decay; faulty construction; overcrowded;
open, vacant or abandoned; damaged by fire to the extent as not to
provide shelter, in danger of collapse or failure and is dangerous
to anyone on or near the premises.
Any dwelling or that part of any dwelling containing one
or more rooming units in which space is let by the owner or operators
to three or more persons who are not husband or wife, son or daughter,
mother or father or sister or brother of the owner or operator.
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.
Combustible and noncombustible waste materials except garbage;
and the term shall include the residue from the burning of wood, coal,
coke and other combustible material, paper, rags, cartons, boxes,
wood, excelsior, rubber, leather, tree branches, yard trimmings, tin
cans, metals, mineral matter, glass, crockery and dust.
Paid for, furnished or provided by or under the control of
the owner or operator.
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.
B.
Meaning of certain words. Whenever the words "dwelling,"
"dwelling unit" or "premises" are used in this chapter, they shall
be construed as though they were followed by the words "or any part
thereof."
C.
Interchangeability. Words used in the present tense
include the future; words in the masculine gender include the feminine
and neuter; the singular number incudes the plural, and the plural,
the singular.
