[Ord. 1839, 7/25/1994, § 1]
The Board finds that:
A.
The Township of Harrison ("Township") recognizes the need to establish
certain minimum health and safety requirements for buildings, structures
or properties used or associated with human occupancy.
B.
The lack of minimum standards relative to the foregoing creates potentially
hazardous or dangerous conditions to the general public and interferes
with normal use and enjoyment of public and private property in the
Township.
C.
The First Class Township Code has vested the Board with the power
to regulate the foregoing pursuant to 53 P.S. § 56519.
[Ord. 1839, 7/25/1994, § 2]
Certain terms contained in this Part are defined as follows:
The Building Inspector, Ordinance Enforcement Officer or
other person under the direction of the Board of Commissioners.
A roofed structure, enclosed by one or more walls for the
shelter, housing, storage or enclosure of persons, goods, materials,
equipment or animals.
An open and unoccupied space on a lot enclosed on at least
three sides by the walls of a building.
Putrescible animal and vegetable wastes resulting from the
handling, preparation, cooking and consumption of food.
Any existing or threatened condition existing on any premises
that creates a risk of bodily or other physical injury including,
but not limited to, infection, illness, mutilation or death to any
person or to the general public.
Every device which is self-propelled, other than by human
or electric power obtained from overhead trolley lines, by which any
person or property can be transported. This term does not include
devices which would qualify as antiques or classics as defined in
the Motor Vehicle Code.
Any person or persons, jointly or severally, firm, corporation
or other entity which, either by conveyance or inheritance or lease
or otherwise, is vested with the title to a lot and/or improvements
thereto or who retains the exclusive control or custody of such lot
and/or improvements thereto in his capacity as legal representative,
such as an administrator, trustee or executor.
A person residing at or in possession of a premises.
A person in charge of any commercial, residential, institutional
or other enterprise or operation carried on at a premises.
Any building, court, lot or yard, as defined herein.
All putrescible and nonputrescible solid waste including
garbage, rubbish, ashes, dead animals and market and industrial wastes.
Any open space on the same lot with a building and, for the
most part, unobstructed from the ground up.
[Ord. 1839, 7/25/1994, § 3; as amended by Ord.
1866, 2/24/1997, § 2]
No owner or occupant or operator of any premises shall permit
thereon:
A.
Fences or minor structures to be constructed and maintained so as
to present a health or safety hazard to persons or property.
B.
The development or accumulation of health or safety hazards, rodent
harborage and/or infestation upon yards, courts, lots.
C.
The storing of abandoned, junked or partially dismantled motor vehicles
which pose a threat to the public health, safety and welfare due to
conditions including, but not limited to, the following:
(1)
Broken glass.
(2)
Missing doors, windows or other vehicle parts which would permit
vermin or animal harborage or entry of children.
(3)
Body parts with sharp edges.
(4)
Leaking gasoline, oil or other vehicle fluids.
(5)
Upholstery which is torn or open or other conditions of the
vehicle which could permit animal or vermin harborage.
(6)
Exposed battery containing acid.
(7)
Inoperable door or trunk locks.
(8)
Partially or fully disassembled parts which are loose on or
near the vehicle.
(9)
Unstable suspension or support of the vehicle. Vehicles shall
be deemed "abandoned" or "junked" under this Part if the vehicle meets
any one of the following criteria.
(10)
The vehicle is not operable and lacks a current inspection sticker.
(11)
The vehicle is not operable and has not been operated for a
period of two consecutive weeks or more.
(12)
The vehicle lacks a current inspection sticker and has not been
operated for a period of two consecutive weeks or more.
D.
Refuse to accumulate and to be blown about their property or the
surrounding neighborhood.
E.
Wells, cesspools, cisterns, sedimentation ponds, stormwater management,
impoundment ponds or ponds of similar nature or swimming pools to
remain open without adequate fencing or barricades to prevent access
thereto by the general public.
F.
The accumulation of heavy undergrowth or vegetation which would impair
the health or safety of the neighborhood, nor shall they permit any
trees, plants or shrubbery or any portion thereof to grow on their
property which impairs the ability of any person to clearly see oncoming
pedestrian or vehicular traffic, so as to cause a traffic hazard.
[1]
Editor's Note: Former § 304, Infestation Prevention
and Correction, adopted 7/25/1994 as § 4 of Ord. 1839, was
repealed 4/21/2004 by § 320.6 of Ord. 1906. See § 320
of this Chapter.
[Ord. 1839, 7/25/1994, § 5; as amended by Ord.
1866, 2/24/1997, § 3]
No owner or occupant or operator of any premises shall permit:
A.
Roof surface or sanitary or stormwater drainage to create a health
or safety hazard to persons or property by reason of inadequate or
improper construction or maintenance or manner of discharge.
B.
Any refrigerator, freezer or other similar storage chest to be discarded,
abandoned or stored in any place or location which is accessible to
the general public without first completely removing any and all locking
devices and/or doors.
C.
Any refrigerator, freeze or other similar storage chest as identified
in subsection (B) above, to remain on the premises of any owner, occupant,
or operator for a period of more than five days from the time such
item is placed on the premises, even if all locking devices and/or
doors have been removed.
[Ord. 1839, 7/25/1994, § 6]
Any occupant or operator of any premises shall be responsible
for compliance with the provisions of this Part with respect to the
maintenance of that part of the premises which he occupies or controls
in a safe, sound and sanitary condition pursuant to the terms of the
contract under which he exercises occupancy or control thereof.
[Ord. 1839, 7/25/1994, § 7]
Owners, occupants and operators of any premises shall comply
with the provisions of this Part regardless of any agreements between
owners and operators and occupants as to which party shall assume
such responsibility. In instances where the occupant or operator is
responsible or shares responsibility with an owner for the existence
of one or more violations of this Part, said occupant or operator
shall be deemed responsible and treated as if an owner within the
true intent and meaning of this Part.
[Ord. 1839, 7/25/1994, § 8]
The Township may have, or may cause through an authorized representative
of the Township, with prior notice to the owner, operator or occupant
of the premises, to have entry onto said premises for the purpose
of inspection of any and all premises, located within the Township
for ascertaining the existence of violations of this Part. In those
matters where the nature of an alleged violation is such that an inspection
of the interior of a building or structure is necessitated, prior
arrangements must be made with the owner, occupant or operator or
representative thereof to secure access therein. In the absence of
permission to inspect, a search warrant may be obtained.
[Ord. 1839, 7/25/1994, § 9]
If the Building Inspector or the Ordinance Enforcement Officer
determines that the premises constitutes a health or safety hazard
or is otherwise in violation of this Section so as to constitute a
nuisance, he shall issue a dated, written notice requiring compliance
within a specified deadline. The notice shall:
A.
State the reasons why it is issued.
B.
State the steps required to be taken to come into compliance.
C.
Also contain the following:
[Amended by Ord. 1906, 4/21/2004]
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"The Building Inspector/Ordinance Enforcement Officer of the
Township of Harrison has determined the property described herein
to be in violation of the property maintenance requirements of Chapter
_____, Part _____, Section _____, of the Code of Ordinances and to
constitute a nuisance and has required that the property be brought
into compliance within 60 days of the date of this notice. Unless
a hearing is requested as set forth below, this determination shall
become final 30 days after the date of this notice.
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The violation is: ____________________ ___________________ ___________________
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Any party who may feel aggrieved by said determination may contest
the determination by requesting a hearing before the Board of Appeals
pursuant to the Local Agency Law.
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All requests for hearings must be in writing and must be filed
with the Township Secretary within 30 days of the date that this notice
was posted or mailed to the owner. Failure to file a request for hearing
as set forth above may result in the loss of any opportunity to contest
the determination of the Building Inspector/Ordinance Enforcement
Officer."
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D.
The notice may set forth a repair or removal deadline of less than
60 days and an appeal period of less than 30 days if the Building
Inspector or the Ordinance Enforcement Officer finds that a shorter
appeal period is necessary to protect the occupants or public from
the nuisance posed by the property's noncompliance with property
maintenance requirements.
E.
The notice shall be given in writing by registered or certified mail,
return receipt requested, to the last known address of the owner and
occupants of said structure and shall also be posted upon the property
determined to be in noncompliance. Notice shall be deemed to have
been given on the date of mailing or, where no address is known or
where such notice is not delivered or accepted, on the day when posted
on the property. A copy of such notice shall likewise be given to
any mortgagee, lessee or occupant of the property.
[Ord. 1839, 7/25/1994, § 10]
If, after notice is given, and a hearing, if requested, is held,
resulting in a determination that the premises are in violation of
the property maintenance requirements and there is a nuisance, and
if it is not remedied within the time limits prescribed by such notice,
the proper Township officials are hereby authorized to obtain proposals
and/or advertise for bids for correction of the violation in accordance
with specifications as may be appropriate and reasonable according
to the Building Inspector or the Ordinance Enforcement Officer to
achieve correction of the condition in an effective and efficient
manner, and to enter into a contract for such work, or if feasible,
the work may be done in whole or in part by Township employees. The
proper officials are also authorized to enter, inspect and photograph
the premises prior to corrective action.
[Ord. 1839, 7/25/1994, § 11]
The proper officials and the Solicitor are hereby authorized
and directed to file a municipal claim against the premises requiring
corrective action hereunder by the Township of Harrison for the costs
incurred in connection with correcting the violation, together with
a penalty of 10% as provided by law, or the said costs and expenses
may be collected by action in assumpsit against the owners of said
premises.
[Ord. 1839, 7/25/1994, § 12]
Any person who shall violate any provision of this Part shall,
upon conviction thereof, be sentenced to pay a fine of not more than
$1,000 and in default of each payment undergo imprisonment for a term
not to exceed five days. Each day that a violation of this Part continues
shall constitute a separate offense.
[Ord. 1839, 7/25/1994, § 13]
If the premises are owned by more than one owner, each owner
shall be severally subject to prosecution for the violation of this
Part.
[Ord. 1839, 7/25/1994, § 14]
The remedies provided herein for the enforcement of this Part,
or any remedy provided by law, shall not be deemed mutually exclusive,
rather they may be employed simultaneously or consecutively at the
option of the Township.
[Ord. 1839, 7/25/1994, § 15]
Any other provision of this Part notwithstanding, the provisions
of this Part may be enforced by and procedures herein undertaken by
the Board of Commissioners, Ordinance Enforcement Officer, Building
Inspector or authorized representative of the Board of Commissioners.
[Ord. 1906, 4/21/2004]
1.
Application for Appeals. Any person directly affected by a decision
of the Township's authorized representative shall have the right
to appeal to the Board of Appeals, provided that a written application
for appeal is filed with the Township Secretary within 30 days after
receipt of the decision appealed from and provided that the application
states the reasons why the appellant claims that the requirements
of this code or the rules legally adopted thereunder have been incorrectly
interpreted, the provisions of this code do not fully apply, or the
requirements of this code are adequately satisfied by other means,
or that the strict application of any requirement of this code would
cause an undue hardship, or would be unreasonable under the circumstances.
In determining the existence of an undue hardship, it shall be proper
to consider illness in the family of the property owner.
2.
Reasonableness. Reasonableness shall be determined by reference to
all relevant facts and circumstances, including, but not limited to
the following:
A.
Whether the property owner has complied with any contract entered
into with the Township in regard to repair or maintenance of the property
in question.
B.
Whether the enforcement is arbitrary or discriminatory.
C.
Whether the intent of this Part is clear in regard to the matter
sought to be enforced.
D.
Whether a property owner's privacy rights have been or are being
violated by the proposed enforcement.
E.
Whether the property owner has a history of investment and improvement
in the property.
F.
Whether the cost of the repair or correction sought is reasonable
in light of the value of the property and in light of the danger the
condition presents.
G.
Whether the enforcement of this Part in any particular case would
result in a taking without just compensation.
H.
Length of time violations have existed.
I.
Degree of mitigation attempted.
J.
Aggregate number and severity of violations on the property.
K.
Visibility of violations from street and neighboring properties.
L.
Existence or lack thereof of similar conditions at neighboring properties,
and the impact the violations have in terms of property values.
4.
Membership of Board. The board of appeals shall consist of a minimum
of three members who are qualified by experience and training to pass
on matters pertaining to property maintenance and who are not employees
of the jurisdiction. The Board shall be appointed by the Board of
Commissioners and shall serve staggered and overlapping terms. The
compensation of Board members may be set from time to time by the
Board of Commissioners by resolution.
5.
Notice of Meeting. The Board shall meet upon notice from the Chairperson,
within 30 days of the filing of an appeal if possible, or at stated
periodic meetings.
6.
Open Hearing. All hearings before the Board shall be open to the
public. The appellant, the appellant's representative, the code
official and any person whose interests are affected shall be given
any opportunity to be heard. A quorum shall consist of not less than
2/3 of the Board membership.
[Ord. 1906, 4/21/2004]
1.
Vacant Structures and Land. All vacant structures and premises thereof
or vacant land shall be maintained in a clean, safe, secure and sanitary
condition as provided herein so as not to cause a blighting problem
or adversely affect the public health or safety.
2.
Sanitation. All exterior property and premises shall be maintained
in a clean, safe and sanitary condition. The occupant shall keep that
part of the exterior property which such occupant occupies or controls
free of rubbish and debris.
3.
Grading and Drainage. All premises shall be graded and maintained
to prevent the erosion of soil and to prevent the accumulation of
stagnant water thereon or within any structure located thereon. Exception:
Approved retention areas and reservoirs.
4.
Sidewalks and Driveways. All sidewalks, walkways, stairs, driveways,
parking spaces and similar areas shall be maintained free from hazardous
conditions.
5.
Exhaust Vents. Pipes, ducts, conductors, fans or blowers shall not
discharge gases, steam, vapor, hot air, grease, smoke, odors or other
gaseous or particulate wastes directly upon abutting or adjacent public
or private property or that of another tenant.
6.
Accessory Structures. All accessory structures, including detached
garages, fences and walls, shall be maintained structurally sound.
7.
Gates. Gates which are required to be self-closing and self-latching
in accordance with the International Building Code shall be maintained
such that the gate will positively close and latch when released from
a still position of six inches (152 mm) from the gatepost.
8.
Swimming Pools. Swimming pools shall be maintained in a clean and
sanitary condition.
9.
Defacement of Property.
A.
No person shall willfully or wantonly damage, mutilate or deface
any exterior surface of any structure or building on any private or
public property by placing thereon any marking, carving or graffiti.
B.
It shall be the responsibility of the owner to restore said surface
to an approved state of maintenance and repair.
[Ord. 1906, 4/21/2004]
1.
General. The exterior of a structure shall be maintained in good
repair, structurally sound and sanitary so as not to pose a threat
to the public health, safety or welfare.
2.
Premises Identification. Address numbers shall comply with the requirements of Harrison Township Ordinance No. 839 (§ 201 of Chapter 4).
3.
Structural Members. All structural members shall be maintained free
from deterioration and shall be capable of safely supporting the imposed
dead and live loads.
4.
Foundation Walls. All foundation walls shall be maintained plumb
and free from open cracks and breaks and shall be kept in such condition
so as to prevent the entry of rodents and other pests.
5.
Exterior Walls. All exterior walls and surfaces shall be free from
holes, breaks, and loose or rotting materials and shall be maintained
weatherproof and properly surface-coated where required to prevent
deterioration.
6.
Roofs and Drainage. The roof and flashing shall be sound, tight and
not have defects that admit rain. Roof drainage shall be adequate
to prevent dampness or deterioration in the walls or interior portion
of the structure. Roof drains, gutters and downspouts shall be maintained
in good repair and free from obstructions. Roof water shall not be
discharged in a manner that creates a public nuisance.
7.
Overhang Extensions. All overhang extensions, including but not limited
to canopies, marquees, signs, metal awnings, fire escapes, standpipes,
and exhaust ducts, shall be properly anchored so as to be kept in
a sound condition.
8.
Stairways, Decks, Porches and Balconies. Every exterior stairway,
deck, porch and balcony, and all appurtenances attached thereto, shall
be maintained structurally sound, with proper anchorage and capable
of supporting the imposed loads.
9.
Chimneys and Towers. All chimneys, cooling towers, smokestacks, and
similar appurtenances shall be maintained structurally safe and sound.
10.
Handrails and Guards. Every handrail and guard shall be firmly fastened
and capable of supporting normally imposed loads and shall be maintained
in good condition.
11.
Doors and Windows. All exterior doors, door assemblies and hardware
shall be maintained in good condition. Locks at all entrances to dwelling
units, rooming units and guest rooms shall tightly secure the door.
All broken windows shall be replaced and will not be boarded for a
period longer than is needed to effect a repair, which for simple
windows will generally be no more than 14 days.
12.
Basement Hatchways. Every basement hatchway or window shall be maintained
to prevent the entrance of rodents, rain and surface drainage water.
[Ord. 1906, 4/21/2004]
1.
General. The interior of a structure and equipment therein shall
be maintained in good repair, structurally sound and free of rubbish.
Occupants shall keep that part of the structure which they occupy
or control free of rubbish. Ever owner of a structure containing a
rooming house, a hotel, a dormitory, two or more dwelling units or
two or more nonresidential occupancies shall maintain, in a clean
and sanitary condition, the shared or public areas of the structure
and exterior property.
2.
Structural Members. All structural members shall be maintained structurally
sound and be capable of supporting the imposed loads.
3.
Stairs and Walking Surfaces. Every stair, ramp, landing, balcony,
porch, deck or other walking surface shall be maintained in sound
condition and good repair.
4.
Handrails and Guards. Every handrail and guard shall be firmly fastened
and capable of supporting normally imposed loads and shall be maintained
in good condition.
[Ord. 1906, 4/21/2004]
1.
Infestation. All structures shall be kept free from insect and rodent
infestation. All structures in which insects or rodents are found
shall be promptly exterminated by approved processes that will not
be injurious to human health. After extermination, proper precautions
shall be taken to prevent reinfestation.
2.
Owner. The owner of any structure shall be responsible for extermination
within the structure prior to renting or leasing the structure.
3.
Single Occupant. The occupant of a one-family dwelling or of a single
tenant nonresidential structure shall be responsible for extermination
on the premises.
4.
Multiple Occupancy. The owner of a structure containing two or more
dwelling units, a multiple occupancy, a rooming house or a nonresidential
structure shall be responsible for extermination in the public or
shared areas on the structure and exterior property. If infestation
is caused by failure of an occupant to prevent such infestation in
the area occupied, the occupant shall be responsible for extermination.
5.
Occupant. The occupant of any structure shall be responsible for
the continued rodent and pest free condition of the structure.
6.
This § 320 shall replace § 304, Infestation Prevention
and Correction, which § 304 is hereby deleted in its entirety.
[Ord. 1906, 4/21/2004]
1.
Installation. All electrical equipment, wiring and appliances shall
be properly installed and maintained in a safe and approved manner.
2.
Receptacles. Every habitable space in a dwelling shall contain at
least one grounded-type receptacle or a receptacle with a ground fault
circuit interrupter. Every bathroom shall contain at least one receptacle.
Any new bathroom receptacle outlets shall have ground fault circuit
interrupter protection.
3.
Lighting Fixtures. Every public hall, interior stairway, toilet room,
kitchen, bathroom, laundry room, boiler room and furnace room shall
contain at least one electric lighting fixture.
[Ord. 1906, 4/21/2004]
1.
General Elevators dumbwaiters and escalators shall be maintained
to sustain safely all imposed loads, to operate properly, and to be
free from physical and fire hazards. The most current certificate
of inspection shall be on display at all times within the elevator
or attached to the escalator or dumbwaiter, or the certificate shall
be available for public inspection in the office of the building operator.
2.
Elevators.
[Ord. 1906, 4/21/2004]
1.
General. Duct systems shall be maintained free of obstructions and
shall be capable of performing the required function.
[Ord. 1906, 4/21/2004]
1.
General. A safe, continuous and unobstructed path of travel shall
be provided from any point in a building or structure to the public
way.
