[HISTORY: Adopted by the Borough Council of the Borough of
Girard 10-17-1994 by Ord. No. 631 (Ch. XIII, Part 1, of the 1974 Code
of Ordinances). Amendments noted where applicable.]
A.
BASEMENT
BOROUGH MANAGER
CELLAR
DWELLING
DWELLING UNIT
EXTERMINATION
GARBAGE
HABITABLE ROOM
INFESTATION
MULTIPLE DWELLING
OCCUPANT
OPERATOR
ORDINARY MINIMUM WINTER CONDITIONS
OWNER
(1)
(2)
PERSON
PLUMBING
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.
The legally designated authority of the Borough of Girard,
or his authorized representative.
A portion of a building located partly or wholly underground
and 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 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 or trapping; or by any other recognized and legal
pest-elimination methods approved by the Borough Manager.
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 spaces.
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 part thereof, in which dwelling units or rooming units are let.
The temperature 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.
Any individual, firm, corporation, association or partnership.
All of the following supplied facilities and equipment: gas
pipes, gas-burning equipment, water pipes, garbage disposal units,
waste pipes, water closets, sinks, installed dishwashers, 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 gaslines.
Any dwelling, or that part of any dwelling containing one
or more rooming units, in which space is let by the owner or operator
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 utility system on the
same premises for more than 30 consecutive days.
B.
Meanings of certain words. Whenever the words "dwelling," "dwelling
unit," "rooming house," "rooming unit" and "premises" are used in
this chapter, they shall be construed as though they were followed
by the words "or any part hereof."
The Borough Manager is hereby authorized and directed to make
inspections to determine the condition of dwellings, dwelling units,
rooming units and premises located within the Borough of Girard in
order that he may perform his duty of safeguarding the health and
safety of the occupants of dwellings and of the general public. For
the purpose of making such inspections, the Borough Manager is hereby
authorized to enter, examine and survey at all reasonable times all
dwellings, dwelling units, rooming units and premises. The owner or
occupant of every dwelling, dwelling unit and rooming unit, or the
person in charge thereof, shall give the Borough Manager free access
to such dwelling, dwelling unit or rooming unit and its premises at
all reasonable times for the purpose of such inspection, examination
and survey. Every occupant of a dwelling or dwelling unit shall give
the owner thereof, or his agent or employee, access to any part of
such dwelling or dwelling unit, or its premises, at all reasonable
times for the purpose of making such repairs or alterations as are
necessary to effect compliance with the provisions of this chapter
or with any lawful rule or regulation adopted or any lawful order
issued pursuant to the provisions of this chapter.
A.
Whenever the Borough Manager determines that there are reasonable
grounds to believe that there has been a violation of any provision
of this chapter or of any rule or regulation adopted pursuant thereto,
he shall give notice of such alleged violation to the person or persons
responsible therefor, as hereinafter provided:
(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 owner or agent, or upon such occupant, if
a copy thereof is served upon him personally or if a copy thereof
is sent by certified mail to his last known address or if a copy thereof
is posted in a conspicuous place in or about the dwelling affected
by the notice or if he is served with such notice by any other method
authorized or required under the laws of the State of Pennsylvania.
B.
Any person affected by any notice which has been issued in connection
with the enforcement of any provision 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 Manager, provided that
such person shall file in the office of the Borough Manager a written
petition requesting such hearing and setting forth a brief statement
of the grounds therefor within 10 days after the day the notice was
served. Upon receipt of such petition, the Borough Manager 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 personally or by counsel and to show why such
notice should be modified or withdrawn. The hearing shall be commenced
not later than 10 days after the day on which the petition was filed,
provided that, upon application of the petitioner, the Borough Manager
may postpone the date of the hearing for a reasonable time beyond
such ten-day period if, in his judgement, the petitioner has submitted
a good and sufficient reason for such postponement.
C.
After such hearing, the Borough Manager shall sustain, modify or withdraw the notice, depending upon his findings as to whether the provisions of this chapter and of the rules and regulations adopted pursuant thereto have been complied with. If the Borough Manager sustains or modifies such notice, it shall be deemed to be an order. Any notice served pursuant to Subsection A of this section shall automatically become an order if a written petition for a hearing is not filed in the office of the Borough Manager within 10 days after such notice is served. After a hearing in the case of any notice suspending any permit required by this chapter or by any rule or regulation adopted pursuant thereto, when such notice has been sustained by the Borough Manager, the permit shall be deemed to have been revoked. Any such permit which has been suspended by a notice shall be deemed to be automatically revoked if a petition for hearing is not filed in the office of the Borough Manager within 10 days after such notice is served.
D.
The proceedings at such hearing, including the findings and decision
of the Borough Manager, shall be summarized, reduced to writing and
entered as a matter of public record in the office of the Borough
Manager. Such record shall also include a copy of every notice or
order issued in connection with the matter. Any person aggrieved by
the decision of the Borough Manager may seek relief therefrom in any
court of competent jurisdiction, as provided by the laws of this state.
E.
Whenever the Borough Manager finds that an emergency exists which
requires immediate action to protect the public health, he may, without
notice or hearing, 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 Manager, shall be afforded a hearing
as soon as possible. After such hearing, depending upon his finding
as to whether the provisions of this chapter and of the rules and
regulations adopted pursuant thereto have been complied with, the
Borough Manager shall continue such order in effect or modify it or
revoke it.
F.
Upon determination by the Borough Manager that a violation of this
chapter has occurred, the following action shall be taken:
(1)
The Borough Manager shall direct a registered or certified letter
notice to the owner of such property. The owner shall be determined
by reviewing the county tax assessment records of the most current
year. Said letter shall be mailed to the address as determined by
such records.
(2)
The said letter notice shall inform the said owner as to the violation
of this chapter, citing the reason for violation, giving the owner
15 days to remove the reason for the violation, advising that, in
default thereof, the Borough will remove the cause of violation by
the use of its own personnel and equipment and/or cause the structure
to be destroyed by fire, through the use of a volunteer fire company,
and/or hereby contract a private person to effectuate such removal.
Girard Borough may collect the cost of such repair, vacation or demolition,
together with a penalty of 10% of such cost, in the manner provided
by law; or Girard Borough may seek injunctive relief in a court of
competent jurisdiction pursuant to the Rules of Civil Procedure, or
a combination of the above, and charge the cost thereof to such owner.
The Borough Manager is hereby authorized to make and, after
a public hearing has been held in accordance with the laws governing
the conduct of public hearings by the Borough Manager, to adopt such
written rules and regulations as may be necessary for the proper enforcement
of the provisions of this chapter, provided that such rules and regulations
shall not be in conflict with the provisions of this chapter. The
Borough Manager shall file a certified copy of all rules and regulations
in the Borough office. 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, as hereinafter provided.
No person shall occupy as owner-occupant or let to another for
occupancy any dwelling or dwelling unit, for the purpose of living,
sleeping, cooking or eating therein, which does not comply with the
following requirements:
A.
Every dwelling unit shall contain a kitchen sink in good working
condition and properly connected to a water and sewer system approved
by the Borough Manager.
B.
Every dwelling unit shall contain a room which affords privacy to
a person within said room and which is equipped with a flush water
closet and a lavatory basin in good working condition and properly
connected to a water and sewer approved by the Borough Manager.
C.
Every dwelling unit shall contain, within a room which affords privacy
to a person within said room, a bathroom or shower in good working
condition and properly connected to a water and sewer system approved
by the Borough Manager.
E.
Every dwelling unit shall be supplied with adequate rubbish storage
facilities, type and location of which are approved by the Borough
Manager.
F.
Every dwelling unit shall have adequate garbage disposal facilities
or garbage storage containers, type and location of which are approved
by the Borough Manager.
G.
Every dwelling shall have supplied water heating facilities which are properly installed, are maintained in safe and good working condition, are properly connected with the hot water lines required under the provisions of Subsection D of this section and are capable of heating water to such a temperature as to permit an adequate amount of water to be drawn at every required kitchen sink, lavatory basin, bathtub or shower at a temperature of not less than 120° F. Such supplied water heating facilities shall be capable of meeting the requirements of this subsection when the dwelling or dwelling unit heating facilities required under the provisions of § 228-6E of this chapter are not in operation.
H.
Every dwelling unit shall have safe, unobstructed means of egress
leading to safe and open space at ground level, as required by the
laws of Pennsylvania and Borough of Girard.
No person shall occupy as owner-occupant or let to another for
occupancy any dwelling or dwelling unit, for the purpose of living
therein, which does not comply with the following requirements:
A.
Every habitable room shall have at least one window or skylight facing
directly to the outdoors. The minimum total window area, measured
between stops, for every habitable room shall be 10% of the floor
area of such room. Whenever walls or other portions of structures
face a window of any such room and such light-obstruction structures
are located less than three feet from the window and extend to a level
above that of the ceiling of the room, such a window shall not be
deemed to face directly to the outdoors and shall not be included
as contributing to the required minimum total window area. Whenever
the only window in a room is a skylight-type window in the top of
such room, the total window area of such skylight shall equal at least
15% of the total floor area of such room.
B.
Every habitable room shall have at least one window or skylight which can easily be opened, or such other device as will adequately ventilate the room. The total openable window area in every habitable room shall be equal to at least 45% of the minimum window area size or minimum skylight-type window size, as required in Subsection A, except where there is supplied some other device affording adequate ventilation and approved by the Borough Manager.
C.
Every bathroom and water closet compartment shall comply with the light and ventilation requirements for habitable rooms contained in Subsections A and B, except that no window or skylight shall be required in adequately ventilated bathrooms and water closet compartments equipped with a ventilation system which is kept in continuous operation and approved by the Borough Manager.
D.
Where there is electric service available from power lines which
are not more than 300 feet away from a dwelling, every habitable room
of such dwelling shall contain at least two separate floor or wall-type
electric convenience outlets, or one such convenience outlet and one
supplied ceiling-type electric light fixture, and every water closet
compartment, bathroom, laundry room, furnace room and public hall
shall contain at least one supplied ceiling or wall-type electric
light fixture. Every such outlet and fixture shall be properly installed,
shall be maintained in good and safe working condition and shall be
connected to the source of electric power in a safe manner.
E.
Every dwelling shall have heating facilities which are properly installed,
are maintained in safe and good working condition and are capable
of safely and adequately heating all habitable rooms, bathrooms, and
water closet compartments in every dwelling unit located therein to
a temperature of at least 70° F., at a distance three feet above
floor level, under ordinary minimum winter conditions.
F.
Every public hall and stairway in every multiple dwelling containing
five or more dwelling units shall be adequately lighted at all times.
Every public hall and stairway in structures devoted solely to dwelling
occupancy and containing not more than four dwelling units may be
supplied with conveniently located light switches, controlling an
adequate lighting system which may be turned on when needed, instead
of full-time lighting.
G.
During that portion of each year when the Borough Manager deems it
necessary for protection against mosquitoes, flies and other insects,
every door opening directly from a dwelling unit to outdoor space
shall have supplied screens and a self-closing device, and every window
or other device with openings to outdoor space, used or intended to
be used for ventilation, shall likewise be supplied with screens,
provided that such screens shall not be required during such period
in rooms deemed by the Borough Manager to be located high enough in
the upper stories of buildings as to be free from such insects and
in rooms located in areas of this Borough which are deemed by the
Borough Manager to have so few such insects as to render screens unnecessary.
H.
Every basement or cellar window used or intended to be used for ventilation,
and every other opening to a basement which might provide an entry
for rodents, shall be supplied with a screen or such other device
as will effectively prevent their entrance.
No person shall occupy as owner-occupant or let to another for
occupancy any dwelling or dwelling unit, for the purpose of living
therein, which does not comply with the following requirements:
A.
Every foundation, floor, wall, ceiling and roof shall be reasonably
weathertight, watertight and rodentproof, shall be capable of affording
privacy and shall be kept in good repair.
B.
Every window, exterior door and basement hatchway shall be reasonably
weathertight, watertight and rodentproof and shall be kept in sound
working condition and good repair.
C.
Every inside and outside stair, every porch and 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 good repair.
D.
Every plumbing fixture and water and waste pipe shall be properly
installed and maintained in good sanitary working condition, free
from defects, leaks and obstructions.
E.
Every water closet compartment floor surface and bathroom floor surface
shall be constructed and maintained so as to be reasonably impervious
to water and so as to permit such floor to be easily kept in a clean
and sanitary condition.
F.
Every supplied facility, piece of equipment or utility which is required
under this chapter shall be so constructed or installed that it will
function safely and effectively and shall be maintained in satisfactory
working condition.
G.
No owner, operator or occupant shall cause any service, facility,
equipment or utility which is required under this chapter to be removed
from or shut off from or discontinued for any occupied dwelling let
or occupied by him, except for such temporary interruption as may
be necessary while actual repairs or alterations are in process, or
during temporary emergencies when discontinuance of service is approved
by the Borough Manager.
H.
No owner shall occupy or let to any other occupant any vacant dwelling
unit unless it is clean, sanitary and fit for human occupancy.
No person shall occupy or let to another for occupancy any dwelling
or dwelling unit, for the purpose of living therein, which does not
comply with the following requirements:
A.
Every dwelling unit shall contain at least 150 square feet of floor
space for the first occupant thereof and at least 100 additional square
feet of floor space for every additional occupant thereof, the floor
space to be calculated on the basis of total habitable room area.
B.
In every dwelling unit of two or more rooms, every room occupied
for sleeping purposes by one occupant shall contain at least 70 square
feet of floor space, and every room occupied for sleeping purposes
by more than one occupant shall contain at least 50 square feet of
floor space for each occupant thereof.
C.
No dwelling or dwelling unit containing two or more sleeping rooms
shall have such room arrangements 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.
D.
At least 1/2 of the floor area of every habitable room shall have
a ceiling height of at least seven feet, and the floor area of that
part of any room where the ceiling height is less than five feet shall
not be considered as part of the floor area in computing the total
floor area of the room for the purpose of determining the maximum
permissible occupancy thereof.
E.
No cellar space shall be used as a habitable room or dwelling unit.
F.
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 total of window area in each room is equal to at least the minimum window area sizes as required in § 228-6A.
(3)
Such required minimum window area is located entirely above the grade
of the ground adjoining such window area.
A.
Every owner of a dwelling containing two or more dwelling units shall
be responsible for maintaining in a clean and sanitary condition the
shares or public areas of the dwelling and premises thereof.
B.
Every occupant of a dwelling or dwelling unit shall keep in a clean
and sanitary condition that part of the dwelling, dwelling unit and
premises thereof which he occupies and controls.
C.
Every occupant of a dwelling or dwelling unit shall dispose of all his rubbish in a clean and sanitary manner by placing it in the rubbish containers required by § 228-5F.
D.
Every occupant of a dwelling unit shall dispose of all his garbage and any other organic waste which might provide food for rodents in a clean and sanitary manner by placing it in the garbage disposal facilities or garbage storage containers required by § 228-5F. It shall be the responsibility of the owner to supply such facilities or containers for all dwelling units in a dwelling containing more than four dwelling units and for all dwelling units located on premises where more than four dwelling units share the same premises. In all other cases, it shall be the responsibility of the occupant to furnish such facilities or containers.
E.
Every occupant of a dwelling unit shall be responsible for hanging
all screens and double or storm doors and windows whenever the same
are required under the provisions of this chapter or of any rule or
regulation adopted pursuant thereto, except where the owner has agreed
to supply such service.
F.
Every occupant of a dwelling containing a single dwelling unit shall
be responsible for the extermination of any insects, rodents or other
pests therein or on the premises; and every occupant of a dwelling
unit in a dwelling containing more than one dwelling unit shall be
responsible for such extermination whenever his dwelling unit is the
only one infested. Notwithstanding the foregoing provisions of this
subsection, whenever infestation is caused by failure of the owner
to maintain a dwelling in a ratproof or reasonably insectproof condition,
extermination shall be the responsibility of the owner. Whenever infestation
exists in two or more of the dwelling units in any dwelling units,
extermination thereof shall be the responsibility of the owner.
G.
Every occupant of a dwelling unit shall keep all plumbing fixtures
therein in a clean and sanitary condition and shall be responsible
for the exercise of reasonable care in the proper use and operation
thereof.
No person shall operate a rooming house or shall occupy or let to another for occupancy any rooming unit in any rooming house, except in compliance with the provisions of every section of this chapter, except the provisions of §§ 228-5 and 228-9.
A.
No person shall operate a rooming house unless he holds a valid rooming
house permit issued by the Borough Manager in the name of the operator
and for the specific dwelling or dwelling unit. The operator shall
apply to the Borough Manager for such permit, which shall be issued
by the Borough Manager upon compliance by the operator with the applicable
provisions of this chapter and of any rules and regulations adopted
pursuant thereto. This permit shall be displayed in a conspicuous
place within the rooming house at all times. No such permit shall
be transferable. Every person holding such a permit shall give notice
in writing to the Borough Manager within 24 hours after having sold,
transferred, given away or otherwise disposed of ownership of, interest
in or control of any rooming house. Such notice shall include the
name and address of the person succeeding to the ownership or control
of such rooming house. Every rooming house permit shall expire at
the end of one year following its date of issuance, unless sooner
suspended or revoked as hereinafter provided.
B.
Any person whose application for a permit to operate a rooming house has been denied may request and shall be granted a hearing on the matter before the Borough Manager, under the procedure provided by § 228-3 of this chapter.
C.
Whenever upon inspection of any rooming house the Borough Manager
finds that conditions or practices exist which are in violation of
any provision of this chapter or of any rule or regulation adopted
pursuant thereto, the Borough Manager shall give notice in writing
to the operator of such rooming house that unless such conditions
or practices are corrected within a reasonable period, to be determined
by the Borough Manager, the operator's rooming house permit will
be suspended. At the end of such period, the Borough Manager shall
reinspect such rooming house, and if he finds that such conditions
or practices have not been corrected, he shall give notice in writing
to the operator that the latter's permit has been suspended.
Upon receipt of notice of suspension, such operator shall immediately
cease operation of such rooming house, and no person shall occupy
for sleeping or living purposes any rooming unit therein.
D.
Any person whose permit to operate a rooming house has been suspended, or who has received notice from the Borough Manager that his permit is to be suspended unless existing conditions or practices at his rooming house are corrected, may request and shall be granted a hearing on the matter before the Borough Manager, under the procedure provided by § 228-3 of this chapter, provided that, if no petition for such hearing is filed within 10 days following the day on which such permit was suspended, such permit shall be deemed to have been automatically revoked.
E.
At least one flush water closet, lavatory basin, and bathtub or shower,
properly connected to a water and sewer system approved by the Borough
Manager and in good working condition, shall be supplied for each
eight persons or fraction thereof residing within a rooming house,
including members of the operator's family whenever they share
the use of the said facilities, provided that, in a rooming house
where rooms are let only to males, flush urinals may be substituted
for not more than 1/2 the required number of water closets. All such
facilities shall be so located within the dwelling as to be reasonably
accessible from a common hall or passageway to all persons sharing
such facilities. Every lavatory basin and bathtub or shower shall
be supplied with hot water at all times. No such facilities shall
be located in a basement except by written approval of the Borough
Manager.
F.
The operator of every rooming house shall change supplied bed linen
and towels therein at least once each week and prior to the letting
of any room to any occupant. The operator shall be responsible for
the maintenance of all supplied bedding in a clean and sanitary manner.
G.
Every room occupied for sleeping purposes by one person shall contain
at least 70 square feet of floor space, and every room occupied for
sleeping purposes by more than one person shall contain at least 50
square feet of floor space for each occupant thereof.
H.
Every rooming unit shall have safe, unobstructed means of egress
leading to safe and open space at ground level, as required by the
laws of this state and this Borough.
I.
The operator of every rooming house shall be responsible for the
sanitary maintenance of all walls, floors and ceilings and the maintenance
of a sanitary condition in every other part of the rooming house,
and he shall be further responsible for the sanitary maintenance of
the entire premises where the entire structure or building is leased
or occupied by the operator.
The designation of dwellings or dwelling units as unfit for
human habitation and the procedure for the condemnation and placarding
of such unfit dwellings or dwelling units shall be carried out in
compliance with the following requirements:
A.
Any dwelling or dwelling unit which shall be found to have any of
the following defects shall be condemned as unfit for human habitation
and shall be so designated and placarded by the Borough Manager:
(1)
One which is so damaged, decayed, dilapidated, unsanitary, unsafe
or vermin-infested that it creates a serious hazard to the health
or safety of the occupants or of the public.
(2)
One which lacks illumination, ventilation or sanitation facilities
adequate to protect the health or safety of the occupants or of the
public.
(3)
One which, because of its general condition or location, is unsanitary
or otherwise dangerous to the health or safety of the occupants or
of the public.
B.
Any dwelling or dwelling unit condemned as unfit for human habitation,
and so designated and placarded by the Borough Manager, shall be vacated
within a reasonable time as ordered by the Borough Manager.
C.
No dwelling unit which has been condemned and placarded as unfit
for human habitation shall again be used for human habitation until
written approval is secured from, and such placard is removed by,
the Borough Manager. The Borough Manager shall remove such placard
whenever the defect or defects upon which the condemnation and placarding
action were based have been eliminated.
Any person who violates or permits a violation of this chapter
shall, upon being found liable therefor in a civil enforcement proceeding
commenced by the Borough before a Magisterial District Judge, pay
a fine of not more than $600, plus all court costs, including reasonable
attorneys' fees, incurred by the Borough in the enforcement of this
chapter. No judgment shall be imposed until the date of the determination
of the violation by the Magisterial District Judge. If the defendant
neither pays nor timely appeals the judgment, the Borough may enforce
the judgment pursuant to the applicable Rules of Civil Procedure.
Each day a violation exists shall constitute a separate offense. Further,
the appropriate officers or agents of the Borough are hereby authorized
to seek equitable relief, including injunction, to enforce compliance
herewith.
In any case where a provision of this chapter is found to be
in conflict with a provision of any zoning, building, fire, safety,
or health ordinance or code of this Borough existing on the effective
date of this chapter, the provision which establishes the higher standard
for the promotion and protection of the health and safety of the people
shall prevail. In any case where a provision of this chapter is found
to be in conflict with a provision of any other ordinance or code
of this Borough existing on the effective date of this chapter which
establishes a lower standard for the promotion and protection of the
health and safety of the people, the provisions of this chapter shall
be deemed to prevail, and such other ordinances or codes are hereby
declared to be repealed to the extent that they may be found in conflict
with this chapter.
