This chapter shall be known as the "Property Maintenance Code
for All Residential Structures and Properties of the Borough of Lincoln
Park" and is herein referred to as the "Property Maintenance Code
for Residential Premises" or "this code."
The purpose of this chapter is to protect the public health,
safety and welfare in buildings and on the premises as hereinafter
provided by:
A.
Establishing minimum standards for basic equipment and facilities
for light, ventilation, space heating and sanitation; for safety from
fire; for space, use and location; for safe and sanitary maintenance;
and for cooking equipment in all structures now in existence.
B.
Fixing the responsibilities of owners, operators and occupants of
all structures.
C.
Providing for administration, enforcement and penalties.
The provisions of this chapter shall apply to all residential structures and premises which are now or may become in the future substandard with respect to structure, premises, protection against fire hazard, equipment or maintenance, inadequate provisions for light and air, lack of proper heating, unsanitary conditions, overcrowding or other conditions which may be deemed to constitute a menace to the safety, health or welfare of their occupants, except as provided in § 367-8. The existence of such conditions, factors or characteristics adversely affects public safety, health and welfare and leads to the continuation, extension and aggravation of urban blight. Adequate protection of the public, therefore, requires the establishment and enforcement of these minimum standards.
Every portion of a building or premises used or intended to
be used for residential purposes shall comply with the provisions
of this chapter, irrespective of when such building shall have been
constructed, altered or repaired, except as hereinafter provided.
Any alterations to buildings or change of use therein required
or caused directly or indirectly by the enforcement of this chapter
shall be done in accordance with applicable sections of the Uniform
Construction Code.
Nothing in this chapter shall permit the establishment or conversion of a multifamily dwelling in any zone, except where permitted by and in accordance with the Zoning Ordinance (Chapter 28), nor the continuation of any such nonconforming use in any zone, except as provided therein.
Except as provided in § 367-8, in any case where a provision of this chapter is found to be in conflict with a provision of any zoning, building, fire, safety or health ordinance or code of this municipality existing on the effective date of this chapter, the provision which establishes the higher standard for the promotion and protection of the safety and health of the people shall prevail.
This chapter establishes minimum requirements for the initial
and continued occupancy of all buildings and structures and does not
replace or modify requirements otherwise established for the construction,
repair, alteration or use of buildings, equipment or facilities except
as provided in this chapter.
Nothing in this chapter shall be deemed to abolish or impair
existing remedies of the municipality or its officers or agencies
relating to the removal or demolition of any buildings which are deemed
to be dangerous, unsafe, or unsanitary.
It shall be the duty and responsibility of the Director of the
Department of Health, or his designee, to enforce the provisions of
this chapter as herein provided.
Inspection of premises and the issuing of orders in connection
therewith under the provisions of this chapter shall be the exclusive
responsibility of the Director of the Department of Health or his
designee ("enforcement official"). Whenever, in the opinion of the
enforcement official, it is necessary or desirable to have inspections
of any condition by any other department, he shall arrange for this
to be done in such manner that the owners or occupants of buildings
shall not be subjected to visits by numerous inspectors nor to multiple
or conflicting orders. No order(s) for correction of any violation(s)
under this chapter shall be issued without the approval of the enforcement
official.
Except as may otherwise be provided by statute or other local
law or ordinance, no officer, agent or employee of the municipality
charged with the enforcement of this chapter shall render himself
personally liable for any damage that may accrue to persons or property
as a result of any act required or permitted in the discharge of his
duties under this chapter. No person who institutes or assists in
the prosecution of a criminal proceeding under this chapter shall
be liable to damages.
A.
The enforcement official shall make or cause to be made inspections
to determine the conditions of all structures and premises in order
to safeguard the safety, health and welfare of the public under the
provisions of this chapter. The enforcement official is authorized
to enter any structure or premises at any reasonable time for the
purpose of performing his duties under this chapter within 24 hours
of receipt of the notice. The owner, occupant or operator of every
structure or premises or the person in charge thereof shall give the
enforcement official free access thereto and to all parts thereof
and to the premises on which it is located at all reasonable times
for the purpose of such inspection, examination and survey.
B.
It shall be unlawful for any person to refuse, impede, inhibit, interfere
with, obstruct, and/or restrict an inspector or officer authorized
under this chapter in the performance of his duties. Every such inspector
and 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.[1]
C.
If any owner, occupant or other person in charge of a structure subject
to the provisions of this chapter 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 chapter
is sought, the enforcement official may seek, in a court of competent
jurisdiction, an order that such owner, occupant or other person in
charge cease and desist with such interference.
Every occupant of a structure or premises shall give the owner
or operator thereof or his agent or employee access to any part of
such structure or its premises at reasonable times for the purpose
of making such inspection, maintenance, repairs or alterations as
are necessary to comply with the provisions of this chapter.
Notice of violation shall be served upon the owner of record
or his designated agent, provided that such notice shall be deemed
to be properly served upon such owner if a copy thereof is delivered
to the owner or his designated agent personally or, if not found,
by leaving a copy thereof at his usual place of abode with a person
of 18 years of age or older, or by sending a copy thereof by certified
mail to his last known address, or, if returned by postal authorities,
by posting a copy thereof in a conspicuous place in or about the structure
affected by the notice.
Whenever the enforcement official determines that there has
been or is a violation or there are reasonable grounds to believe
that there has been or is a violation of any provision of this chapter,
he shall give notice of such violation or alleged violation to the
owner, his designated agent and/or the person or persons responsible
therefor. Such notice shall:
In case any violation order is not promptly complied with, the
enforcement official may request the legal representative to institute
an appropriate action or proceeding at law or in equity against the
owner and/or the person responsible for the violation, ordering him:
A.
To restrain, correct or remove the violation or refrain from any
further execution of work;
B.
To restrain or correct the erection, installation or alteration of
such building;
C.
To require the removal of work in violation;
D.
To prevent the occupation or use of the building, structure or part
thereof erected, constructed, installed or altered in violation of
or not in compliance with the provisions of this chapter or in violation
of a plan or specification under which an approval, permit or certificate
was issued; or
E.
To enforce the penalty provisions of this chapter.
[Amended 9-18-2000 by Ord. No. 1,249, effective 10-8-2000]
Any person, firm or corporation who or which shall violate any provisions of this chapter shall, upon conviction thereof, be subject to the fines and penalties set forth in § 1-2 of this Code (general penalty), in the discretion of the judge imposing the same. Every day that a violation continues after due notice has been served, in accordance with the terms and provisions hereof, shall be deemed a separate offense.
A.
Any owner or person who is aggrieved with the ruling or decision
of the enforcement official in any matter relative to the interpretation
or enforcement of any of the provisions of this chapter may appeal
the decision or interpretation.
B.
This appeal must be filed with the appropriate authority, in writing,
within 10 days of the date of the ruling or decision appealed from.
C.
The appropriate authority shall be the Borough Administrator for
the Borough of Lincoln Park, or his designee.
This chapter shall not affect violations of any other ordinance,
code or regulation of the municipality existing prior to the effective
date hereof, and any such violation shall be governed and shall continue
to be punishable to the full extent of the law under the provisions
of those ordinances, codes or regulations in effect at the time the
violation was committed.
