As used in this chapter, the following terms
shall have the meaning indicated, unless a different meaning clearly
appears from the context:
BLOOD RELATION
A relation of the following: father, mother, sister, brother,
son, daughter, brother-in-law, sister-in-law, child, stepchild, grandparent,
cousin, grandchild, aunt, uncle and others if requested and approved
by the inspection compliance official.
CODE
The code setting forth maintenance standards for existing
structures.
INSPECTION COMPLIANCE OFFICIAL
The official who is charged with the administration of this
chapter, including but not limited to the Building Code Official and
the Codes Enforcement Officer or any duly authorized representative
of said officials.
[Amended 2-9-2016 by Ord.
No. 373]
IPMC
International Property Maintenance Code, current edition.
[Added 12-22-2009 by Ord. No. 337]
OWNER
The legal or beneficial holder of title to a premises.
RESIDENTIAL RENTAL UNIT
Any structurally enclosed area, including or intending to
include sleeping facilities.
[Amended 2-9-2016 by Ord.
No. 373]
[Amended 2-9-2016 by Ord.
No. 373]
For the administration of this chapter, an Inspection Compliance
Official shall be a code official of the Township. The Inspection
Compliance Official shall administer this chapter in accordance with
its terms. The Inspection Compliance Official shall be responsible
for instituting enforcement proceedings on behalf of the Township.
No residential unit shall be occupied by other
than the owner or their blood relations thereof unless there is displayed
at the structure in which the unit is located a certificate of inspection
as required by the provisions of this chapter.
[Amended 12-22-2009 by Ord. No. 337; 2-9-2016 by Ord. No. 373]
Residential units occupied or to be occupied by other than the
owner or the blood relations thereof shall be subject to inspection
in accordance with the provisions of this chapter.
A. Purpose. Inspections required by this chapter shall be for the purpose
of determining compliance with the provisions of the IPMC in effect in the Township on the date of inspections.
B. All rental units which have attached garages or fuel-burning appliances
shall have a working carbon monoxide alarm installed outside each
sleeping area.
C. Permitted inspectors. Inspections required by this chapter shall
be conducted only by individuals of the Building and Zoning Office
or their designated representative familiar with the IPMC as to the
type of premises to be inspected.
D. Timing of inspections.
(1) As for any residential unit unoccupied or occupied by the owner on or after the effective date hereof, a certificate of inspection shall be kept on file by the owner or designated agent, and subsequent inspections shall occur as set forth in Subsection
D(2).
(2) As for any residential unit occupied by other than the owner as of
the effective date hereof and for all subsequent inspections, inspections
required by this chapter shall be completed and the certificate of
inspection issued and displayed not later than December 31 of the
year for which inspection is required in that district. The Township
shall be divided into districts as follows:
(a)
District I: An area described as: bounded by Susquehanna River
to the south, Northway Road to the east, Four Mile Drive to the north
and the city and Township line to the west.
(b)
District II: An area described as: bounded on the south by the
Susquehanna River, Westminster Drive to the east, Four Mile Drive
to the north and Northway Road to the west.
(c)
District III: An area described as: bounded on the south by
the Susquehanna River, Loyalsock Creek to the east, Four Mile Drive
to the north and Westminster Drive to the west.
(d)
District IV: An area describer as: bounded by Four Mile Drive
to the south, Loyalsock Creek to the east, Loyalsock's northern
boundary to the north and Northway Road to the west.
(e)
District V: An area described as: bounded by Four Mile Drive
to the south, Northway Road to the east, the northern Loyalsock Township
boundary to the north and the Lycoming Creek to the west.
(3) Residential units subject to the inspection requirements of this
chapter and located in District I shall be inspected during the calendar
year in which this chapter shall become effective and every fifth
year thereafter. Residential units subject to the inspection requirements
of this chapter and located in District II shall be inspected during
the first calendar year subsequent to the year in which this chapter
becomes effective and every fifth year thereafter. Residential units
subject to the inspection requirements of this chapter and located
in District III shall be inspected during the second calendar year
subsequent to the year in which this chapter becomes effective and
every fifth year thereafter. Residential units subject to the inspection
requirement of this chapter and located in District IV shall be inspected
during the third calendar year subsequent to the year in which this
chapter becomes effective and every fifth year thereafter. Residential
units subject to the inspection requirements of this chapter and located
in District IV shall be inspected during the fourth calendar year
subsequent to the year in which this chapter becomes effective and
every fifth year thereafter.
E. Exceptions.
(1) Any residential unit occupied or to be occupied by other than the owner thereof shall be excepted from the inspection requirements of this chapter upon proof submitted to the Inspection Compliance Official that such unit is subject to a requirement by any other governmental agency or any party acceptable to the Inspection Compliance Official for safety inspection similar to inspection under §
168-4A hereof at least once every five years and is in compliance with such inspection requirements. Any such approved agency or party shall submit a written document once every five years, based on the inspection cycle for the district in which the unit or units are located to prove said inspections were made and that all units are in compliance with the acceptable codes.
(2) Any residential unit which has been inspected and a certificate of
compliance has been issued no more than one calendar year prior to
the year in which the district inspection cycle begins if five-year
term for the district in which it is located.
(3) Any newly constructed or newly converted building which is constructed
or converted for occupancy by other than the owner and a normal building
occupancy certificate has been issued not more than one year prior
to the year in which the district inspection cycle begins its five-year
term, for the district in which it is located. No charge shall be
made for this six-year certificate of inspections.
[Amended 2-9-2016 by Ord.
No. 373]
A. General provision. Upon submission of proof that an inspection required
by this chapter has been completed and that there were no violations
found of the code as in effect on the date of inspection or that any
such violations have been corrected in accordance with said code,
the Inspection Compliance Officer shall issue a certificate of inspection
for the structure with each residential unit therein which was inspected
listed upon said certificate. The certificate of inspection shall
be kept on file by the owner or designated agent and made available
to the Loyalsock Building or Zoning Office upon request.
B. Form of proof of inspection. Proof of inspection and absence of any
violations of the code shall be in such form as approved, from time
to time, by the inspection compliance official.
C. Time of issuance of certificate of compliance. The Inspection Compliance
Official shall either issue the certificate of compliance or a written
rejection with the reasons for rejection specified within 14 days
of submission of the required form.
D. The issuance of a certificate of inspection does not relieve the
property owner from complying with the IPMC and all other Loyalsock
Township ordinances.
[Amended 2-9-2016 by Ord.
No. 373]
A. The owner of any residential unit which is subject to the inspection
requirements of this chapter shall be responsible for compliance with
the provisions of this chapter.
B. The owner, upon the request of an Inspection Compliance Official,
shall disclose to the Loyalsock Building and Zoning Office all of
the following:
(1) The name, address, telephone number and emergency number of the owner/landlord
and the property manager, if applicable, of the premises.
(2) The name, address, telephone number and emergency number of the current
tenant of the premises, residential unit or apartment.
[Amended 8-25-1998 by Ord. No. 274]
This chapter shall be enforced by action brought
before a District Justice in the same manner provided for the enforcement
of summary offenses under the Pennsylvania Rules of Criminal Procedure.
Any person who violates or permits the violation of this chapter shall,
upon conviction in a summary proceeding, be punishable by a fine of
not less than $100 nor more than $1,000 or by imprisonment for a term
not exceeding 90 days. Each day or portion thereof that such violation
continues or is permitted to continue shall constitute a separate
offense. Each section of this chapter that is violated shall also
constitute a separate offense.
The fee schedule for issuance for certificates
of inspection shall be set by resolution by the Board of Supervisors
of Loyalsock Township for the following:
A. Change from owner occupied or unoccupied to occupied
by other than owner.
B. Inspections required by this chapter for single units
for the normal five-year cycle of inspections for the district in
which the unit is located.