Oil City, PA Property Maintenance

The following chapters are hereby revised as follows:

CHAPTER 1. ADMINISTRATION

101.1 Title. These regulations shall be known as the "Property Maintenance Code of the City of Oil City," hereinafter referred to as "this code."

103.5 Inspection fees. Code compliance inspections conducted for the purpose of assessment of real estate for sale or transfer, survey purposes or for informational purposes not requiring the enforcement provisions of this code shall be charged an inspection fee. The fee shall be at the rate of $50 per hour with a minimum charge of 1/2 hour for all time expended in the actual inspection and shall include all time expended by clerical support staff.

106.4 Violation penalties. This section shall be renamed "Violation Penalties and Reinspection Fees" and revised to read in its entirety as follows:

Any person, firm or corporation who shall violate any provision of this code shall, upon conviction thereof in a summary proceeding before a Magisterial District Judge, be sentenced to pay a fine of not less than $300 nor more than $1,000, together with the costs of prosecution and any fee or fees, or be imprisoned for a period not to exceed 30 days, or both. Each day that a violation continues after due notice has been served shall be deemed a separate offense.

A fifty-dollar reinspection fee shall be assessed after due notice has been served in accordance with the terms and provisions of Section 107 and the violation, illegal action or unsafe condition continues.

108.2 Closing of vacant structures. This section shall be revised to read in its entirety as follows:

If the structure is vacant and unfit for human habitation and occupancy, and is not in danger of structural collapse, the Code Official is authorized to post a placard of condemnation on the premises and order the structure closed up so as not to be an attractive nuisance. Upon failure of the owner to close up the premises within the time specified in the order, the Code Official shall cause the premises to be closed through any available public agency or by contract or arrangement by private persons, and the cost thereof shall be charged against the real estate upon which the structure is located, and there shall be a lien placed upon such real estate. The City may also proceed for the recovery and collection of the claim by civil action against the owner, as such remedy is provided by general law.

110.3 Failure to comply. This section shall be revised to read in its entirety as follows:

If the owner of a premises fails to comply with a demolition order within the time prescribed, the Code Official may cause the structure to be razed and removed, either through an available public agency or by contract or arrangement with private persons, and the cost of such razing and removal shall be charged against the real estate upon which the structure is located, and a lien shall be placed upon such real estate. The City may also proceed for the recovery and collection of the claim by civil action against the owner, as such remedy is provided by general law.

CHAPTER 3. GENERAL REQUIREMENTS

(1) 304.1(A). Junk storage and anti-clutter. This section shall be added to read as follows:

[Added 6-26-2014 by Ord. No. 2831]

1. Definitions.

ENCLOSED PORCH, DECK, PATIO OR BALCONY —

A platform located at and attached to or abutting against the entrance to a residential building, completely covered by a roof and enclosed by fully intact glass and/or fully intact screens. Screens are framed wire mesh or framed plastic mesh used to prevent intrusion by insects, but permitting air flow.

FRONT YARD —

That part of the property whereby the front of the house or other residential building faces the public street and encompasses that open space extending the full width of the lot, the depth of which is the minimum horizontal distance between the front lot line and nearest point of the main residential building.

OPEN STORAGE —

Such storage or accumulation that is visible from any public street, alley or sidewalk or from any adjacent property.

OWNER —

Any individual, corporation, partnership or any other groups as a unit having a legal or equitable interest in a property, including the guardian or the estate of any such person and the executor or administrator of the estate of such person if ordered to take possession of real property by a court, provided that any ownership right created by an installment sales agreement or land contract shall be recorded with the Office of the Recorder of Deeds in and for Venango County.

PERSON —

Any individual, partnership, association, corporation or entity of any other kind, including any tenant or lessee of any real property.

YARD —

Any open unoccupied space, other than a courtyard, unobstructed from the ground to the sky, on a lot upon which a residential building is situated.

2. Prohibited Acts. No person within or upon any property designated for use as or used for residential purposes situated within the municipal limits of the City of Oil City shall store, collect, park, leave, deposit, maintain, reserve, put aside for future use, permit or allow to remain on any porch, balcony, roof, patio, yard or curtilage of any residential building or structure, other than in a completely enclosed building or structure, any of the following:

A. Junk, rubbish, clutter, litter, debris, disabled automobiles, other motor vehicles or motorized equipment, implements or machinery or any component parts or accessories thereof, household appliances or any component parts or accessories thereof.

B. Lumber or other building materials or equipment, except for those materials or equipment related to projects for which a current valid building permit has been issued. Building materials shall include, but are not necessarily limited to, lumber, bricks, concrete or cinder blocks, plumbing materials, electrical wiring or equipment, heating ducts, shingles, mortar, concrete or cement, nails, screws or any other materials or equipment generally used in construction.

C. Upholstered furniture, mattresses, materials and other similar products or second-hand items or goods not normally intended, designed, built or manufactured for outdoor use unless such is located entirely within an enclosed porch, balcony, deck or patio attached to the primary residential building.

3. Exclusions. The provisions of this section shall not apply to the storage or placement upon any property of the following materials:

A. Firewood intended for consumption in a wood-burning stove, furnace, or indoor fireplace or outdoor patio fireplace located within or without a building located upon the subject premises, provided that all such firewood shall, at all times, be stacked and stored in an appropriate place, but in no event upon the front porch of any house or other residential structure.

B. Lawn, yard, garden or playground tools, ornaments, equipment or implements.

C. Lawn or patio furniture.

D. Standing fences.

E. Hoses or sprinklers used for watering lawns or gardens.

F. Materials used in connection with commercial activities conducted upon the premises where such storage, placement and accumulation of materials have been expressly authorized by the City of Oil City.

G. Construction materials and equipment used for the construction, renovation or razing of a building located upon the premises for which a current building or razing permit has been issued.

4. Enforcement.

A. Enforcement and Inspection Officer. The enforcement and inspection officer for purposes of this section shall be the duly appointed Code Enforcement Officer of the City of Oil City. The Code Enforcement Officer is hereby designated as the City official to whom all complaints of noncompliance with the provisions of this section shall be directed. The Code Enforcement Officer is authorized to conduct any and all reasonable or necessary inspections whether such inspection arises from (1) a citizen complaint filed with the City or (2) noncompliance with the provisions of this section as observed by the officer during the course of any general inspection undertaken of the neighborhood. The Code Enforcement Officer further is authorized to issue, and cause to be served or mailed, written notices to any residential property owner whose property is deemed by the officer to violate the provisions of this section. Any such written notice shall specifically identify all violations arising under this section and the steps necessary to bring the property into full compliance herewith. Such notices shall provide the owner of any offending property with 15 days from acceptance of service or certified receipt of any mailed notice to bring his property into compliance with this section. Prior to the issuance of any citation and prosecution for a violation of this section, the Code Enforcement Officer shall conduct a second inspection to determine if the offending property has been brought into full compliance with the provisions of this section.

B. Citizen Complaints. Any person may file a complaint with the City's Code Enforcement Officer alleging that a violation of this section has occurred or is occurring. The Code Enforcement Officer shall promptly investigate all complaints. Following the conducting of an inspection and upon determining that a violation of this section has occurred, the Code Enforcement Officer shall issue a notice of violation and compliance to the accused violator, and said notice shall either be personally served by the officer or mailed to the violator by certified mail, return receipt requested.

C. Notice of Violation and Compliance. The written notice prepared by the City's Code Enforcement Officer shall contain the following information:

1. The name of the titled owner and occupant or tenant, if the occupant or tenant is different from the titled owner to whom the notice shall be addressed.

2. The address and location of the violating property.

3. A statement setting forth all specific violations of this section.

4. A demand that corrective action be taken by the property owner within 15 days following service or other receipt of the written notice.

5. A statement that failure to comply with the notice shall (a) result in the issuance of a citation and, upon finding of guilt, the imposition of a fine against the violating property owner and (b) result in the City's remedy and removal of the violating conditions on the subject property with the costs thereof, together with a penalty, subject to collection by the City in an action in assumpsit or the entry of said costs and penalty as a lien against the offending property.

6. Enclosure of a copy of this section.

D. Continued Violation Following Violator's Service or Receipt of Written Notice. If any reported violation of this section continues after service upon or certified mail receipt by the violating property owner and/or tenant of the violating property of the written notice, the Code Enforcement Officer shall then promptly refer the matter for citation issuance.

5. Penalties.

A. Any person, firm or corporation who shall violate any provision of this code shall, upon conviction thereof in a summary proceeding before a district magistrate, be subject to the penalties set forth in Section 106.4.

B. In addition to the penalties set forth in Subsection A, if any owner fails or refuses to remedy the condition within 15 days following service or other receipt of the written notice, the City, upon the Code Enforcement Officer's confirmation of default by the owner, may cause the condition to be remedied or removed and collect the cost thereof, together with a penalty of 10% of such cost, from the owner by an action in assumpsit. The cost of removal and the penalty may be entered as a lien against such property in accordance with existing provisions of law. In the exercise of the powers herein conferred, the City may institute proceedings in courts of equity.

1. 304.7.1. Roof construction, repair and replacement; temporary materials. This section shall be added to read as follows:

[Added 6-26-2014 by Ord. No. 2831]

Subject to the emergency measures permitted under Section 109, no roofing or roofing components under construction, repair or replacement shall be covered or sealed with or by any temporary materials for a period exceeding 90 days. Temporary materials shall include tarpaulins, shrink wrap, plastic sheeting or any other material incapable of supporting all nominal loads and resisting all load effects for roof structures or otherwise incapable of preventing weather penetration and deterioration.

304.14 Insect screens. This section shall be revised to read in its entirety as follows:

During the period from April 1 to December 1, every door, window and other outside opening utilized or required for ventilation purposes, serving any structure containing habitable rooms, food preparation areas, food service areas, or any areas where products to be included or utilized in food for human consumption are processed, manufactured, packaged or stored, shall be supplied with approved tightly fitting screens of not less than 16 mesh per inch, and every swinging door shall have a self-closing device in good working condition.

Exception. Screen doors shall not be required where other approved means, such as air curtains or insect-repellent fans, are employed.

CHAPTER 4. LIGHT, VENTILATION AND OCCUPANCY LIMITATIONS
404.4 Bedroom and living room requirements. This section shall be revised to read in its entirety as follows:
Every bedroom shall comply with the requirements of Sections 404.4.1 through 404.5.2.
	404.4.1 Area for sleeping purposes. This section shall be revised to read in its entirety as follows:
	Every bedroom occupied by one person shall contain at least 70 square feet (6.5 m²) of floor area, every living room shall contain at least 120 square feet (11.2 m²) of floor area, and every bedroom occupied by more than one person shall contain at least 50 square feet (4.6 m²) of floor area for each occupant thereof.
	404.5 Overcrowding. This section shall be revised to read in its entirety as follows:
	Dwelling units shall not be occupied by more occupants than permitted by the minimum area requirements of Table 404.5.
	Table 404.5
	Minimum Area Requirements		Minimum Area in Square Feet
	Space		1 to 2 occupants	3 to 5 occupants	6 or more occupants
	Living room^{a, b}		No requirements	120	150
	Dining room^{a, b}		No requirements	80	100
	Bedrooms		Shall comply with Section 404.4
	For SI: 1 square foot = 0.093 m²
	a.	See Section 404.5.2 for combined living room/dining room spaces.
	b.	See Section 404.5.1 for limitations on determining the minimum occupancy area for sleeping purposes.
	404.5.1 Sleeping area. This section shall be revised to read in its entirety as follows:
	The minimum occupancy area required by Table 404.5 shall not be included as a sleeping area in determining the minimum occupancy area for sleeping purposes. All sleeping areas shall comply with Section 404.4.
	404.5.2 Combined spaces. This section shall be revised to read in its entirety as follows:
	Combined living room and dining room spaces shall comply with the requirements of Table 404.5 if the total area is equal to that required for separate rooms and if the space is located so as to function as a combination living room/dining room.

CHAPTER 6. MECHANICAL AND ELECTRICAL REQUIREMENTS
602.3 Heat supply. This section shall be revised to read in its entirety as follows:
Every owner and operator of any building who rents or leases or lets one or more dwelling unit, rooming unit, dormitory or guestroom on terms, either expressed or implied, to furnish heat to the occupant thereof, shall supply sufficient heat during the period from October 1 to May 15 to maintain the room temperature of not less than 65° F. (18° C.) in all habitable rooms, bathrooms and toilet rooms.
Exceptions:
	1.	When the outdoor temperature is below the winter outdoor design temperature for the locality, maintenance of the minimum room temperature shall not be required, provided that the heating system is operating at its full design capacity. The winter outdoor design temperature for the locality shall be as indicated in Appendix D of The International Plumbing Code.
	2.	In areas where the average monthly temperature is above 30° F. (-1° C.) a minimum temperature of 65° F. (18° C.) shall be maintained.

CHAPTER 8. REFERENCE STANDARDS
This chapter shall be amended to delete the various code references and include the following code references in their place:
The provisions of Chapters 2 to 29 and 31 to 35 of the 2009 International Building Code
The 2009 ICC Electrical Code
The 2008 Edition of the NFPA National Electrical Code, including Appendix Chapters A, B, C, D and E
The 2009 International Mechanical Code
The 2009 International Fuel Gas Code
The 2009 International Fire Code
	Appendixes B, C, D, E
The 2009 International Plumbing Code
The 2009 International Performance Code for Buildings and Facilities
The 2009 International Residential Code
	Sections AE501 to AE503 and AE601 to AE605 of Appendix E of the 2009 International Residential Code
The 2009 International Energy Conservation Code
The 2009 International Existing Building Code
The 2009 International Urban-Wildland Interface Code
Appendix E of the 2009 International Building Code
Appendix H of the 2009 International Building Code
Appendix G of the 2009 International Residential Code