[Ord. 315, 10/14/1974, § 1]
This Part is enacted for the following purposes: to promote
and protect the health, safety, morals and general welfare of the
inhabitants of the Borough of East Lansdowne by abating overcrowded
housing conditions; assuring adequate lighting, heating, ventilation,
access and egress; avoiding undue concentration of population; preventing
or correcting unhygienic, unsanitary or unsafe conditions which might
constitute a menace to residents and visitors in the Borough of East
Lansdowne; conserving property values.
[Ord. 315, 10/14/1974, § 2]
In interpreting and applying the provisions of this Part, 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 Part impose greater restrictions than those of any other ordinance
or regulation, the provisions of this Part shall be controlling. Where
the provisions of any statute, other ordinance or regulation impose
greater restrictions than this Part, the provisions of such statute,
ordinance or regulation shall be controlling.
[Ord. 315, 10/14/1974, § 3]
This Part shall be known and may be cited as the "Borough of
East Lansdowne Housing Code of 1974."
[Ord. 315, 10/14/1974, § 4]
Unless otherwise expressly stated, the following words and phrases
shall be construed throughout this Part to have the meanings herein
indicated. The singular shall include the plural, and the plural shall
include the singular. The present tense shall include the future tense.
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.
Solid wastes from the preparation, cooking and dispensing
of food and from the handling, storage and sale of produce.
The Housing Officer of the Borough of East Lansdowne or such
deputies or assistants as may be designated by the Borough Council
of the Borough of East Lansdowne to assist in the performance of the
duties of the Housing Officer.
The presence within or around a dwelling of any insects,
rodents or other pests.
Any person, including an owner or operator, living and sleeping
in a dwelling 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 there are dwelling units.
Any person who, alone or jointly or severally with others:
Shall have legal title to any 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 Part and the rules and regulations adopted pursuant thereto
to the same extent as if he were the owner.
An individual, firm, corporation, association or partnership.
Combustible and noncombustible waste materials, except garbage.
Installed, furnished, or provided by the owner or operator
at his expense.
[Ord. 315, 10/14/1974, § 5]
No person shall occupy as owner or occupant or shall let to
another for occupancy any dwelling 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 approved by the Health
Officer. Periodic chemical and bacteriological examination shall be
required.
B.
Kitchen Facilities. Every dwelling unit shall be supplied with:
(1)
A kitchen sink in good working condition and properly installed
in conformity with the Plumbing Code of the Borough of East Lansdowne.
(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.
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 being in good working condition and properly installed
in accordance with the Plumbing Code.
D.
Hot and Cold Water. Every kitchen sink, lavatory basin and bathtub
or shower required by this Part shall be properly connected in conformity
with the Plumbing Code and supplied with both hot and cold water.
The hot water lines shall be connected with water-heating facilities
which are capable of heating water to a temperature of 120° Fahrenheit,
even when the heating facilities required by this Part are not in
operation.
E.
Plumbing Fixtures. All plumbing fixtures shall be properly connected
in accordance with the Plumbing Code of the Borough of East Lansdowne.
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° at a distance three feet above floor level, at
an outdoor temperature of 0° Fahrenheit. Portable heating facilities
employing flame and which use gasoline, kerosene or gas as fuel are
prohibited and do not meet these standards.
G.
Electrical Service. Every dwelling shall be provided with electrical
service.
[Ord. 315, 10/14/1974, § 6]
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:
A.
Natural Light in Habitable Rooms. Every habitable room shall have
at least one window facing directly 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 either adequate
natural or artificial light available at all times. Every public hall
and stairway in a multiple dwelling shall be adequately lighted at
all times.
C.
Ventilation in Habitable Rooms. Every habitable room 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, or by equivalent mechanical ventilation.
[Ord. 315, 10/14/1974, § 7]
Fire extinguishers, as designated by the Fire Marshal, shall
be placed in all two-family dwellings, multiple dwellings, and apartment
houses. These fire extinguishers shall be so located that a person
will not have to travel more than 50 feet from any point to reach
the nearest fire extinguisher. At least one fire extinguisher shall
be required for each 2,500 square feet of floor area. Additional fire
extinguishers may be required as directed by the Housing Officer.
[Ord. 315, 10/14/1974, § 8]
No person shall occupy as owner-occupant or shall let to another
for occupancy any dwelling or dwelling unit in a structure which does
not comply with the following minimum standards for safe and sanitary
maintenance:
A.
Structural Conditions. Every foundation, wall, ceiling and roof shall
be structurally sound, shall be effectively weathertight and rodentproof,
and shall be kept in good repair.
B.
Openings to the Exterior. Every window, exterior door, and hatchway
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 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.
[Ord. 315, 10/14/1974, § 9; as amended by Ord.
409, 9/11/1989]
In addition to any specific contractual agreements between owners
and occupants with respect to responsibilities, the following shall
apply:
A.
Maintenance of Premises. Every adult occupant of a dwelling unit
shall be responsible for maintaining in clean and sanitary condition
the premises which he occupies or controls. Every owner of a building
containing two or more dwelling units shall be responsible for maintaining
in clean and sanitary condition the shared or public areas within
and around such building and premises.
B.
Maintenance of Equipment. Every occupant of a dwelling 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 units shall be
responsible for keeping supplied facilities in proper operating condition.
C.
Waste Disposal. Every occupant of a dwelling unit shall dispose of
rubbish, garbage and other refuse in accordance with the regulations
of the Borough of East Lansdowne governing such matters. In a structure
containing three or more dwelling units, it shall be the responsibility
of the owner to assure that adequate rubbish and garbage containers
are provided.
D.
Extermination. The renter occupant of a dwelling containing a single
dwelling unit shall be responsible for the extermination of any rodents,
vermin or other pests therein or on the premises. In a structure containing
two or more dwelling 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 the failure of the owner
to maintain such unit in rodentproof condition, or when two or more
units within the 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 except for necessary repairs, alterations or emergencies.
F.
Occupancy of Vacant Units. No person shall occupy or permit to be
occupied by another any vacant dwelling 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.
G.
Numerical Designation of Buildings. Every owner of any building or
buildings situate in or hereafter erected in the Borough of East Lansdowne
shall designate each building with a number and shall cause such number
to be displayed on the front of the building in figures not less than
three inches in height.
[Ord. 315, 10/14/1974, § 10]
Every owner of a building containing two or more dwelling units
shall be responsible for providing every window, door or other opening
to the exterior with effective protection against mosquitoes, flies
and other insects.
[Ord. 315, 10/14/1974, § 11]
Every owner of a building containing two or more dwelling units
shall be responsible for maintaining the temperature in every occupied
unit in such building at not less than 68° Fahrenheit during the
heating season from October 1 to May 31.
[Ord. 315, 10/14/1974, § 12; as amended by Ord.
333, 9/11/1978; by Ord. 381, 2/17/1986; by Ord. 400, 7/11/1988; by
Ord. 401, 7/11/1988; by Ord. 416, 4/22/1991; and by Ord. 446, 7/5/1994,
§§ 2, 3]
The Council of the Borough of East Lansdowne 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.
(1)
The Housing Officer or his agents are hereby authorized to and
directed to make inspections of the conditions of dwelling units and
premises located in the Borough of East Lansdowne.
(2)
It shall be unlawful for any person to refuse entrance to or
to impede the Housing Officer, or his authorized deputy or assistant
under this Part, in the performance of his duties, and every such
officer shall have the right to enter, examine and survey all premises,
grounds and structures and every part thereof at all reasonable times
upon display of proper identification. If any owner-occupant or other
person in charge of the structure subject to the provisions of this
Part refuses, impedes, inhibits, interferes with, restricts or obstructs
entry and free access to every part of the structure or premises where
inspection authorized by this Part is sought, said Housing Officer,
his authorized deputy or assistant may seek from a court of competent
jurisdiction, which shall include the local District Court of the
Commonwealth of Pennsylvania, an order that such owner, occupant or
other person in charge cease and desist from such interference and
that the inspection sought by said officer shall proceed.
B.
Access for Repairs. Every occupant of a dwelling 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 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. Such notices shall:
(1)
Be put in writing.
(2)
Include a statement of the reasons why it is being issued.
(3)
Allow a reasonable time for the performance of any act it requires.
(4)
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 served upon
him personally or 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 by the laws of the state.
(5)
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 Violations. 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
District Justice of the Peace, 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 14 days after the day the notice was served.
E.
Effective Date of Notice of Violation. Any notice served pursuant
to this Part shall automatically become an order if written petition
is not filed in the office of the Housing Officer within 14 days after
such notice is filed.
F.
Variance from the Terms of the Code. The Housing Officer may authorize
a variance, upon written application, from the terms of this code
when, because of special conditions, undue hardship would result from
literal enforcement and when such variance is consistent with the
spirit of this code. In any instance where the Housing Officer considers
a request for such variance, he shall determine whether the unique
circumstances for which the variance is sought were not created by
the present or former owners of the property and are not due to or
the result of general conditions in the district in which the property
is located.
G.
Emergency Action. Whenever the Housing Officer 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
unit 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.
H.
Dwellings Unfit for Human Habitation. Whenever the Housing Officer
finds that a dwelling or dwelling unit 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 report such dwelling to the Board of Health, which may 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 this Part. Any dwelling so designated shall
be vacated within a reasonable time as specified by the Board of Health
and shall not again be used for human habitation until the hazard
or violation has been eliminated or corrected and the Board of Health
has removed the designation and given written approval for occupancy.
I.
Occupancy Permits.
(1)
Applicability. An occupancy permit shall be deemed to authorize,
and is required for, both initial and continued occupancy, transfer
rental occupancy and use of all buildings, residential or nonresidential,
or land to which it applies. The following shall be unlawful until
an occupancy permit shall have been applied for and issued by the
Housing Officer:
(a)
The transfer, rental or occupancy and use of a building erected,
reconstructed, restored, altered, moved, or any change in use of an
existing building.
(b)
The transfer, rental, occupancy, use, or any change in use of
vacant land.
(c)
Any change in a nonconforming use.
(d)
Occupancy and use of any enlargement to an existing structure.
(e)
The rental and occupancy of any rental unit, residential or
nonresidential.
(2)
Applications for Certificate of Occupancy. Application for a
certificate of occupancy for a new building, an existing building
which has been altered, a use of vacant land, a change of use of a
nonconforming use, or the transfer or rental of any building or unit
therein shall be made on forms furnished by the Housing Officer. In
the case of the transfer, rental, or occupancy of any building or
unit therein, residential or nonresidential, such application shall
be made prior to said transfer, rental or occupation and will be required
prior to any occupancy of such premises. In the case of new construction
or alteration, a change in use, or the placement of vacant land into
use, application shall be made after the completion of the construction,
the change in use or the placement of land into use but prior to its
transfer, rental or occupancy. In the case of a new building, such
application shall be accompanied by an accurate plot plan or, if not
available, by a survey prepared by a licensed land surveyor or engineer
showing the location of all buildings.
(3)
Time Limits for the Housing Officer's Action. The occupancy
permit shall be issued within 10 days after receipt of the properly
completed application, following the requisite inspections under this
Part and providing the application certifies that all requirements
of this Part and all other applicable codes or ordinances in effect
are complied with. If an occupancy permit is denied, the Housing Officer
shall state the reasons, in writing, to the applicant, within 10 days
after such denial.
(4)
Temporary Occupancy Permit. Pending completion of a building
or of alterations thereto, a temporary occupancy permit may be issued
by the Housing Officer for the use of a part or all of the building,
provided that such temporary occupancy or use would not tend in any
way to jeopardize life or property.
(5)
All fees payable pursuant to this Part shall be paid at the
time of the filling of the application for a certificate of occupancy
in accordance with the schedule of fees established by resolution
of Borough Council. A Part of the fee paid at the time of the filing
of the application for a certificate of occupancy shall be paid to
the Housing Officer after the issuance of the certificate of occupancy,
in an amount to be determined by Borough Council.
J.
Abatement of Violations. If a violation has not been corrected within
the time designated for such compliance and the Housing Officer finds
that the continuation of such violation constitutes a public nuisance
or hazard, he may order the correction of such violation, using the
Borough funds or Borough personnel to accomplish such correction,
and may charge the cost thereof to the violator. The Borough may collect
such cost by lien and/or otherwise as may be authorized by the laws
of this state.
K.
Penalty for Violation. Any person who violates any provisions of
this code, or any provision of any rule or regulation of this code,
or fails to correct in a reasonable time the defects for which the
dwelling or dwelling units have been cited, shall, upon conviction,
be punished by a fine of not less than $100 nor more than $1,000,
plus costs, and in default of payment of said fine and costs, to a
term of imprisonment not to exceed 30 days. Each day's failure to
comply with any provision of this Part shall constitute a separate
violation.
L.
Adoption of Rules and Regulations. The Housing Officer is authorized
to make and adopt such procedural rules as he may deem necessary for
the proper enforcement of this Part, provided that such procedural
rules and regulations shall not be in conflict with the substantive
provisions of this Part. Such rules and regulations shall have the
same force and effect as the provisions of this Part, and the penalty
for violations thereof shall be the same as the penalty for the violation
of the provisions of this Part.
M.
Disclosure of Zoning Classification.
(1)
The intent of this subsection is to prevent the owners of properties
in the Borough of East Lansdowne which are in violation of housing,
building, safety, plumbing, electrical, curb and sidewalk, and fire
ordinances and regulations from offering such properties for sale
without revealing such illegal use or the existence of housing, building,
safety, plumbing, electrical, curb and sidewalk and fire violations.
(2)
Every owner shall insert in every agreement of sale a provision
showing the zoning classification of such property, stating whether
the present use of the property is in compliance with or in violation
of local ordinances, and a provision disclosing whether there exists
any notice of an uncorrected violation of the housing, building, safety,
plumbing, electrical, curb and sidewalk and fire ordinance and regulations.
(3)
All owners of property shall be required to deliver to the purchaser
prior to the transfer of such property a use and occupancy certificate,
obtained from the Borough Secretary or the Building Inspector, showing
the legal use and zoning classification for such property and that
no uncorrected violations of any housing, building safety, plumbing,
electrical, curb and sidewalk, or fire violations and any municipal
claims due the Borough of East Lansdowne of which the Borough has
notice and which are officially recorded in the records of the appropriate
Borough departments.
(4)
Prior to the transfer of property, the owner shall complete
and sign the following documents in the proper format utilized by
the Borough of East Lansdowne. A copy of these documents is attached
hereto and made a part hereof as Exhibit A.[1]
(a)
Use certification application.
(b)
Affidavit for smoke detectors.
(c)
Affidavit for visible house numbers.
(d)
Certification re: condition of the premises.
[1]
Editor's Note: Exhibit A is included as an attachment to this chapter.
(5)
The fee of $50 for the use and occupancy certificate shall be
changed by the Borough Council by resolution from time to time.
N.
Whoever violates or fails to comply with any of the provisions of
this Part shall be fined not more than $600. A separate offense shall
be deemed committed each day during or on which a violation or noncompliance
occurs or continues.
