[Ord. 137, 4/9/1979, § 1]
This Part shall be known and may be cited as the "Housing Code
of the Borough of Mountville."
[Ord. 137, 4/9/1979, § 2]
It has been determined by the Borough Council of the Borough
of Mountville that there exists and may in the future exist, within
the Borough of Mountville the need to achieve and maintain such levels
of residential environmental quality as will protect and promote public
health, safety and general welfare. It is further found that the establishment
of minimum housing standards are required.
[Ord. 137, 4/9/1979, § 3]
It is hereby declared that the purpose of this Part is to protect,
preserve and promote the physical and mental health and social well
being of the people, to regulate privately and publicly owned dwellings
for the purpose of maintaining adequate sanitation and public health,
and to protect the safety of the people and to promote the general
welfare by legislation which shall be applicable to all dwellings
now in existence or hereafter constructed.
[Ord. 137, 4/9/1979, § 4]
The following definitions shall apply in the interpretation
and enforcement of this Part:
A subordinance detached building, the use of which is incidental
to that of the principal building which is not used or not intended
to be used for living or sleeping by human occupants and which is
located on the same lot.
Approved by the local or State Authority having such administrative
authority.
The residue from the burning of combustible materials.
Fallen into partial ruin or decay.
A room or group of rooms in any dwelling used for living
and sleeping purposes by four or more persons.
A house, apartment building, or other building or structure
designed or used primarily for human habitation. The word "dwelling"
shall not include boarding or rooming houses, hotels, motels or tents.
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 legally designated official appointed by the Borough
of Mountville or his authorized representative.
The control and elimination of vermin by eliminating their
harborage places; by removing or making inaccessible materials that
may serve as their food; by poisoning, spraying, fumigating, trapping
or by any other recognized and legal pest elimination methods approved
by the local or State authority having such administrative authority.
A price at which both buyers and sellers are willing to do
business.
One adult person plus one or more persons who are legally
related to said person and residing in the same dwelling unit with
said person.
The animal and vegetable waste resulting from the handling,
preparation, cooking, serving and non-consumption of food.
Any person who shares a dwelling unit in a nonpermanent status
for not more than 30 days.
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, furnace rooms, pantries, kitchenettes
and utility rooms of less than 50 square feet of floor space, foyers,
or communicating corridors, stairways, closets, storage spaces and
workshops, hobby and recreation areas in unheated or uninsulated parts
of structure below ground level or in attics.
A family and/or one or more unrelated persons, including
servants, who share the same dwelling and use some or all of its cooking
and eating facilities.
The presence within or around a dwelling of any insects,
rodents or other pests and vermin.
Whenever the words "dwelling", "dwelling unit", "rooming
house", "rooming units", "premises", "structure" are used in the Part,
they shall be construed as though they were followed by the words
"or any part thereof." Words used in the singular include the plural,
and the plural the singular; the masculine gender includes the feminine,
and the feminine the masculine.
Any dwelling containing more than two dwelling units and/or
rooming units.
Any person, over one year of age, living, sleeping, cooking
or eating in, or actually having possession of, a dwelling unit or
a rooming unit; except that in dwelling units a guest will not be
considered an occupant.
Any person who has charge, care, control or management of
a building, or part thereof, in which dwelling units or rooming units
are let.
Any person who, along or jointly or severally with others:
Shall have legal title to any premise, dwelling or dwelling
unit, with or without accompanying actual possession thereof, or
Shall have charge, care or control of any premise, dwelling
or dwelling unit, as owner or agent of the owner, or any executor,
administrator, trustee or guardian of the estate of the owner. Any
such person representing the actual owner shall be bound to comply
with the provisions of this ordinance and of rules and regulations
adopted pursuant thereto, to the same extent as if he were the owner.
The maximum number of persons permitted to reside in a dwelling
unit or rooming unit.
Includes any individual, firm, corporation, association or
partnership.
Includes all of the following supplied facilities and equipment:
gas burning equipment, water pipes, garbage disposal units, wastepipes,
water closets, sinks, installed dishwashers, lavatories, bathtubs,
shower baths, installed clothes washing machines, catch basins, drains,
vents, and any other similar supplied fixture, and the installation
thereof, together with all connections to water, sewer or gas lines.
A platted lot or part thereof or unplatted lot or parcel
of land or plot of land, either occupied or unoccupied by any dwelling
or non-dwelling structure and includes any such building, accessory
structure or other structure thereon.
The existence of conditions which will permit a person or
persons to carry out an activity commenced without interruption or
interference, either by sight or sound, by unwanted persons.
Any place where rats can live, nest, or seek shelter.
A form of construction which will prevent the ingress or
egress of rats to or from a given space or building, or gaining access
to food, water or harborage. It consists of the closing and keeping
closed of every opening in foundations, basements, cellars, exterior
and interior walls, ground or first floors, roofs, sidewalk gratings,
sidewalk opening, and other places that may be reached and entered
by rats by climbing, burrowing or other methods, by the use of materials
impervious to rat gnawing and other methods approved by the appropriate
authority.
All putrescible and nonputrescible solids (except body wastes)
including garbage, rubbish, ashes and dead animals.
A water-tight container that is constructed of metal, or
other durable material impervious to rodents, that is capable of being
serviced without creating unsanitary conditions, or such other containers
approved by the appropriate authority. Openings into the container
such as covers and doors shall be tight-fitting.
Any dwelling or that part of any dwelling containing one
or more rooming units, and/or one or more dormitory rooms.
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
purposes.
Nonputrescible solid wastes (excluding ashes) consisting
of either:
The condition of being free from danger and hazards which
may cause accidents or disease.
Paid for, furnished by, provided by, or under the control
of the owner, operator, or agent.
Any small animal or insect pests with filthy, destructive,
troublesome habits such as fleas, lice, bedbugs, cockroaches and/or
any bird or animal that kills game.
[Ord. 137, 4/9/1979, § 5]
1.
The maximum density of occupancy of any dwelling unit by persons
shall not exceed either:
A.
The first occupant, 150 square feet of floor space and at least 100
square feet of floor space for every additional occupant thereof,
the floor space to be calculated on the basis of total habitable room
area; or
B.
A total number of persons equal to two times the number of its habitable
rooms; or
C.
Not more than one family, plus two occupants unrelated to the family,
except for guests or domestic employees, shall occupy a dwelling unit.
2.
The ceiling height of any habitable room shall be at least seven
feet; except that in any habitable room under a sloping ceiling at
least 1/2 of the floor area shall have a ceiling height of at least
seven feet, and the floor area of that part of such a 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.
3.
No space located partially or totally below grade shall be used as
a habitable room of a dwelling unit unless:
4.
In every dwelling unit of two or more rooms, every room occupied
for sleeping purposes shall contain at least 50 square feet of floor
space for the first occupant, and at least 40 square feet of floor
space for each additional occupant thereof.
[Ord. 137, 4/9/1979, § 6]
1.
Every owner of a dwelling containing two or more dwelling units shall
maintain in a clean and sanitary condition the shared or public areas
of the dwelling and premises thereof.
2.
Every occupant of a dwelling or dwelling unit shall maintain in a
clean and sanitary condition that part of those parts of the dwelling,
dwelling unit and premises thereof that he occupies and controls.
3.
Every occupant of a dwelling or dwelling unit shall store his refuse
in a refuse container and dispose of all his rubbish in a clean, sanitary
and safe manner.
4.
Every owner of a dwelling containing three or more dwelling units
shall supply facilities or refuse containers for the sanitary and
safe storage and/or disposal of rubbish and garbage. In any other
case it shall be the responsibility of the occupant to furnish such
facilities or refuse containers.
5.
Every occupant of a dwelling containing a single dwelling unit shall
be responsible for the extermination of vermin in it or in the yard.
In a two family dwelling, a multi-family dwelling or a dwelling unit
within a combination dwelling, the occupants shall be responsible
for such extermination whenever his dwelling unit is the only one
infested. When, however, infestation is caused by failure of the owner
or operator to maintain a dwelling in a vermin-proof condition, extermination
shall be the responsibility of the owner or operator.
6.
Every occupant of a dwelling unit shall keep all plumbing fixtures
therein in a clean, sanitary and operable condition and shall be responsible
for the exercise of reasonable care in the proper use and operation
thereof.
[Ord. 137, 4/9/1979, § 7]
1.
The Borough's Enforcement Officer is hereby authorized to develop
plans for the inspection of dwelling units subject to the provisions
of this Part. The adoption of these plans shall be subject to approval
of the Mountville Borough Council.
2.
Pursuant to his duty to enforce this Part when authorized to do so
by Borough Council, the Borough's Enforcement Officer is authorized
and directed to make inspections upon display of proper identification
to determine compliance therewith.
3.
The owner, occupant or other person in charge of a dwelling, dwelling
unit, rooming unit, rooming house or dormitory room, upon presentation
of proper identification by the Borough's Enforcement Officer,
with proper authority under this Part, shall give the Enforcement
Officer entry and free access to every part of the dwelling, dwelling
unit, rooming unit or dormitory room or to the premises surrounding
any of these.
[Ord. 137, 4/9/1979, § 8]
1.
When the Borough's Enforcement Officer determines that there
exists a violation of any provision of this housing ordinance, he
shall give written notice of this violation to the violator. The notice
of violation shall specify the violation which exists and may also
describe a course of remedial action. This notice shall provide a
reasonable time, not to exceed 60 days, for the correction of any
violation alleged.
2.
This notice shall be served upon the person violating this Part personally,
or by certified mail, return receipt requested, addressed to the last
known place of residence of such person. If after diligent search
one or more persons to whom such notice is addressed cannot be found,
service may be made upon such person or persons by posting a notice
in or about the dwelling, dwelling unit or rooming unit described
in the notice, or by causing such notice to be published in a newspaper
of general circulation in the Borough for a period of once a week
for three consecutive weeks.
3.
At the end of the period of time allowed for the correction of any
violation alleged, the Borough's Enforcement Officer shall reinspect
the dwelling, dwelling unit or rooming unit described in the notice.
4.
If upon reinspection the violations alleged are determined by the
Borough's Enforcement Officer not to have been corrected, he
shall issue a second notice of violation which shall constitute an
order requiring that the then existing failures to meet the requirements
of the Part or of applicable existing rules or regulations issued
pursuant thereto, shall be corrected within a reasonable time allowed,
but not to exceed 60 days after the date of such reinspection unless
the person served with such notice petitions for a hearing on the
matter in the matter hereinafter provided, and Borough Council agrees
to extend the time permitted for compliance after a hearing has been
held.
5.
The Borough's Enforcement Officer shall cause a copy of the second notice to be posted in a conspicuous place in or about the dwelling, dwelling unit or rooming unit where the violations are alleged to exist, and shall serve it in the manner provided in subsection 2.
6.
The Borough's Enforcement Officer, after the expiration of time
granted the person served with such second notice to seek a hearing
in the manner hereinafter provided by this Part, or after a final
decision adverse to such person served has been rendered by the Borough
Council shall cause the second notice to be recorded in the Office
of the Recorder of Deeds of Lancaster County.
7.
All subsequent transferees of the dwelling, dwelling unit or rooming
unit in connection with which a second notice has been so recorded
shall be deemed to have notice of the continuing existence of the
violations alleged, and shall be liable to all penalties and procedures
provided by this Part and by applicable rules and regulations issued
pursuant thereto to the same degree as was their transferor.
[Ord. 137, 4/9/1979, § 9]
Any person, firm or corporation who shall violate any provision
of this Part 1 shall, upon conviction thereof, be sentenced to pay
a fine of not more than $300; and/or to imprisonment for a term not
to exceed 90 days. Every day that a violation of this Part 1 continues
shall constitute a separate offense. In case the defendant has goods
or property of any kind whatever out of which the judgment costs can
be collected by execution or other process, the Borough may elect
to collect the judgment and costs by such proceedings. In addition
to the above remedies, the Borough may file a lien for the removal
of nuisances which are proscribed by this Part in the manner provided
by law.
[Ord. 137, 4/9/1979, § 10; as amended by Ord. 167,
12/18/1985]
1.
Whenever any person violating this Part fails, neglects, or refuses
to make repairs or other corrective action called for by a second
order or notice of violation issued pursuant to § 108(4),
the Borough's Enforcement Officer with Borough Council's
authorization shall undertake such repairs or action, when in their
judgment a failure to make them will endanger the public health, safety
or welfare, and the costs of such repairs will not exceed 50% of the
fair market value of the structure to be repaired.
A.
Notice of the intention to make such repairs or take other corrective
action shall be served upon such person pursuant to § 108.
B.
Every person violating this Part who has received notice of the intention
of the Borough's Enforcement Officer to make repair or take other
corrective action shall give entry and free access to the Borough
Enforcement Officer's agent for the purpose of making such repairs.
Any owner, operator or agent of a dwelling, dwelling unit or rooming
unit, who refuses, impedes, interferes with, hinders, or obstructs
entry by such agent pursuant to a notice of intention to make repairs
or take other corrective action upon conviction thereof, be sentenced
to pay a fine of not more than $300; and/or to imprisonment for a
term not to exceed 90 days. Every day that a violation of this section
continues shall constitute a separate offense.
C.
When repairs are made or other corrective action taken at the direction
of the Borough's Enforcement Officer, cost of such repairs and
corrective action shall constitute a debt in favor of the Borough
of Mountville against the owner of the repaired structure. In the
event such owner fails, neglects, or refuses to pay the Borough of
Mountville the amount of this debt, it shall be recoverable in a civil
action against the owner or his successor, brought in a court of competent
jurisdiction by the Borough of Mountville which shall possess all
rights of a private creditor.
2.
Any dwelling, dwelling unit or rooming unit shall be designated as
unfit for human habitation, when any of the following defects or conditions
are found, and when, in the judgment of the Borough Council, these
defects create a hazard to the health, safety or welfare of the occupants
or of the public:
3.
Whenever any dwelling, dwelling unit or rooming unit has been designated
as unfit for human habitation, the Borough's Enforcement Officer
with Borough Council's authorization shall placard the dwelling,
dwelling unit, or rooming unit indicating that it is unfit for human
habitation, and if occupied, shall order the dwelling, dwelling unit
or rooming unit vacated within a reasonable time, such time to be
not less than 30 days nor more than 90 days.
A.
No dwelling, dwelling unit or rooming unit which has been designated
as unfit for human habitation and which has been placarded as such
and has been vacated shall not be used again for human habitation
until written approval is secured from the Borough's Enforcement
Officer and the placard removed by him.
B.
The Borough's Enforcement Officer with Borough Council's
authorization shall rescind the designation as unfit for human habitation
and remove the placard when the defect or condition upon which such
designation and such placarding was based has been removed or eliminated
as to cause the dwelling, dwelling unit or rooming unit to be deemed
by him as a safe, sanitary and fit place for human habitation.
C.
No person shall deface or remove the placard from any dwelling, dwelling
unit or rooming unit which has been designated as unfit for human
habitation and has been placarded as such, except as provided in § 110(3B).
D.
Any person affected by any decision of the Borough's Enforcement
Officer or by any designation or placarding of a dwelling, dwelling
unit or rooming unit as unfit for human habitation shall be granted
a hearing on the matter before the Borough Council.
4.
The Borough's Enforcement Officer with Borough Council's
authorization shall order a dwelling, dwelling unit or rooming unit
to be demolished if it has been designated as unfit for human habitation,
has been placarded as such, has been vacated, has not been put into
proper repair as to rescind the designation as unfit for human habitation
and to cause the placard to be removed, and is determined by him not
to warrant repair under § 110(1).
A.
The owner of any dwelling, dwelling unit or rooming unit which has
been ordered demolished, shall be given notice of this order in the
manner provided for service of notice in § 108 and shall
be given a reasonable time, not to exceed 90 days, to demolish such
structure.
B.
Any owner aggrieved by the notice to demolish may seek a reconsideration
of the matter by requesting a hearing before the Borough Council in
the matter hereinafter provided.
C.
When the owner fails, neglects, or refuses to demolish an unfit,
unsafe or unsanitary dwelling, dwelling unit or rooming unit within
the requisite time, the Borough's Enforcement Officer with Borough
Council's authorization shall apply to a court of competent jurisdiction
for a demolition order to undertake the demolition. The court may
grant such order when no reconsideration or hearing on the matter
is pending. The cost of such demolition shall create a debt in favor
of the Borough of Mountville against such owner, and shall be recoverable
in a civil action brought by the Mountville Borough which shall possess
all the rights of a private creditor.
D.
Whenever a dwelling is demolished, whether carried out by the owner
or by the Borough's Enforcement Officer, such demolition shall
include the filling in of the excavation remaining on the property
on which the demolished dwelling was located, in such manner as to
eliminate all potential danger to the public health, safety or welfare
arising from such excavation.
E.
All demolition shall be preceded by an inspection of the premises
by the Borough's Enforcement Officer to determine whether or
not extermination procedures are necessary. If the premises are found
to be infested, appropriate rat extermination to prevent the spread
of rats to adjoining or other areas shall be instituted before, during
and after demolition.
[Ord. 137, 4/9/1979, § 11]
1.
Any person aggrieved by the first or second notice of the Borough's
Enforcement Officer issued in connection with any alleged violation
of the provisions of this Part or of any applicable rules and regulations
pursuant thereto, or by any order requiring repair or demolition pursuant
to § 110 may file with the Borough Council a petition setting
forth his reasons for contesting the notice or order.
2.
Such petition shall be filed within 21 days after the first or second
notice or order is served on petitioner in the manner prescribed by
§ 108.
3.
Upon receipt of a valid petition, the Borough Council shall either
grant or deny the hearing requested, and shall advise petitioner of
its decision in writing within 10 days of the date on which this petition
was received.
4.
When the Borough Council determines to hold a hearing, it shall serve
the petitioner with a notice of the time and place for the hearing
in the manner provided for service of notice in § 108. Such
notices shall be served within 10 days of the receipt of such petition.
5.
At the hearing, the petitioner shall be given an opportunity to show
case why the notice or order should be modified or withdrawn, or why
the period of time permitted for compliance should be extended.
6.
The Borough Council shall have the power to affirm, modify or revoke
the notice or order, and may grant an extension of time for the performance
of any act required or may grant variances where they find that there
is practical difficulty or undue hardship connected with the performance
of any act required by the provisions of this Part or by applicable
rules or regulations issued pursuant thereto, and that such extension
is in harmony with the general purpose of this Part to secure the
public health, safety and welfare.
[Ord. 137, 4/9/1979, § 12]
1.
Whenever, in the judgment of the Borough's Enforcement Officer,
an emergency exists which requires immediate action to protect the
public health, safety or welfare, an order may be issued with Borough
Council's authorization without notice, conference or hearing,
directing the owner, occupant, operator or agent to take such action
as is appropriate to correct or abate the emergency.
2.
The owner, occupant, operator or agent shall be granted a conference
on the matter upon his request, as soon as practicable, but such conference
shall in no case stay the abatement or correction of such emergency.
[Ord. 137, 4/9/1979, § 13]
In any case where a provision of this Part is found to be in
conflict with a provision of any zoning, building, fire, safety or
health ordinance or code in this Borough of Mountville existing on
the effective date of this Part, 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 Part is found to be in conflict with a provision of any other
ordinance or code of this Borough of Mountville existing on the effective
date of this Part which establishes a lower standard for the promotion
and protection of the health and safety of the people, the provisions
of this Part 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 Part.
[Ord. 245, 6/14/2004]
Mountville Borough hereby elects to administer and enforce the
provisions of the Pennsylvania Construction Code Act, Act 45 of 1999,
35 P.S. 7210.101 — 7210.1103, as amended from time
to time and its regulations.
[Ord. 245, 6/14/2004]
The Uniform Construction Code, contained in 34 Pa. Code, Chapters
401-405, as amended from time to time, is hereby adopted and incorporated
herein by reference as the municipal building code of Mountville Borough.
[Ord. 245, 6/14/2004]
Administration and enforcement of the Code within Mountville
Borough shall be undertaken by any of the following ways as determined
by the Borough Council of Mountville Borough from time to time by
resolution:
A.
By the designation of an employee of Mountville Borough to serve
as the municipal code official to act on behalf of Mountville Borough.
B.
By the intention of one or more construction code officials or third-party
agencies to act on behalf of the Borough.
C.
By agreement with one or more other municipalities for the joint
administration and enforcement of this Act through an intermunicipal
agreement.
D.
By entering into a contract with another municipality for the administration
and enforcement of this Act on behalf of Mountville Borough.
E.
By entering into an agreement with the Pennsylvania Department of
Labor and Industry for plan review, inspections and enforcement of
structures other than one-family or two-family dwelling units and
utility and miscellaneous use structures.
[Ord. 245, 6/14/2004]
A Board of Appeals shall be established by resolution of the
Borough Council of Mountville Borough in conformity with the requirements
of the relevant provisions of the Code, as amended from time to time,
and for the purposes set forth therein. If at any time enforcement
and administration is undertaken jointly with one or more other municipalities,
said Board of Appeals shall be established by joint action of the
participating municipalities.
[Ord. 245, 6/14/2004]
1.
All building code ordinances or portions of ordinances which were
adopted by Mountville Borough on or before July 1, 1999, and which
equal or exceed the requirements of the Code shall continue in full
force and effect until such time as such provisions fail to equal
or exceed the minimum requirements of the Code, as amended from time
to time.
2.
All building code ordinances or portions of ordinances which are
in effect as of the effective date of this Part and whose requirements
are less than the minimum requirements of the Code are hereby amended
to conform with the comparable provisions of the Code.
3.
All relevant ordinances, regulations and policies of Mountville Borough
not governed by the Code shall remain in full force and effect.
[Ord. 245, 6/14/2004]
Fees assessable by Mountville Borough for the administration
and enforcement undertaken pursuant to this Part and the Code shall
be established by the Borough Council by resolution from time to time.
