[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.
EXTERMINATION
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.
GARBAGE
Solid wastes from the preparation, cooking and dispensing of food and from the handling, storage and sale of produce.
HOUSING OFFICER
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.
INFESTATION
The presence within or around a dwelling of any insects, rodents or other pests.
OCCUPANT
Any person, including an owner or operator, living and sleeping in a dwelling unit.
OPENABLE AREA
The part of a window or door which is available for unobstructed ventilation and which opens directly to the outdoors.
OPERATOR
Any person having charge, care, management, or control of any dwelling or part thereof in which there are dwelling units.
OWNER
Any person who, alone or jointly or severally with others:
A. 
Shall have legal title to any dwelling unit, with or without accompanying actual possession thereof; or
B. 
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.
PERSON
An individual, firm, corporation, association or partnership.
RUBBISH
Combustible and noncombustible waste materials, except garbage.
SUPPLIED
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.