[HISTORY: Adopted by the Council of the Borough of Sharon
Hill as indicated in article histories. Amendments noted where applicable.]
GENERAL REFERENCES
Building codes — See Ch. 125.
Dangerous buildings — See Ch. 130.
Fire prevention — See Ch. 175.
Garbage, refuse and rubbish — See Ch. 184.
Graffiti — See Ch. 189.
Health and sanitation — See Ch. 195.
Nuisances — See Ch. 230.
Oil-burning equipment — See Ch. 240.
Plumbing — See Ch. 260.
Water conservation — See Ch. 363.
[Adopted 11-16-2006 by Ord. No. 1312[1] (Ch. 70, Art. I, of the 1972 Code)]
[1]
Editor's Note: This ordinance superseded Ord. No. 1071,
adopted 8-9-1978.
This article shall be known as the "Minimum Properties Standards
Code" for the Borough of Sharon Hill for all structures and properties.
A.
There is hereby established a Housing Code for the Borough of Sharon
Hill. The International Property Maintenance Code, 2006 Edition, or
any edition that changes from time to time, shall be the Property
Maintenance Code for the Borough of Sharon Hill.
B.
The purpose of this article is to protect the public health, safety
and welfare in buildings and on the premises as hereinafter provided
by:
(1)
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;
for cooking equipment in all structures now in existence.
(2)
Fixing the responsibilities of owners, managers and occupants of
all structures.
(3)
Providing for administration, enforcement and penalties.
A.
The Borough Council for the Borough of Sharon Hill shall appoint
the Borough Manager, the Building Code Official, the Property Maintenance
Official, such deputies and assistants and certified third-party agents
or organizations, to enforce the provisions of this article. Such
positions may be combined with another position or positions of this
article.
B.
It shall be unlawful for any person to disclose the name of a person
who requests a code enforcement action or makes a code enforcement
complaint unless ordered to do so by a judge or a duly appointed or
elected official of the court.
[Added 7-24-2008 by Ord. No. 1326; amended 2-25-2010 by Ord. No.
1342]
A.
Licenses and permits required; exception.
(1)
Every person, firm, corporation or any other type of entity owning,
managing or operating a dwelling unit and/or rooming unit shall not
rent, lease, let out or permit the same to be occupied without first
applying for and securing the following: An annual rental dwelling
license for each occupied and/or vacant dwelling(s) issued pursuant
to the provisions of this article and other applicable ordinances,
rules and regulations enacted by the Borough Council.
(2)
The above requirements for an annual rental dwelling license shall
not apply to a residential owner-occupied individual dwelling unit
with one additional unit (total of two units).
(3)
A use and occupancy permit shall be required whenever there is a
change of ownership or structural modification or structural addition
to any residential structure or any commercial or industrial structure.
B.
The appropriate Borough officials are hereby authorized and directed
to process all applications for use and occupancy permits and rental
dwelling licenses and, prior to the issuance of same, determine by
inspection that all the requirements of this article and/or any other
applicable ordinance, rules and regulations enacted by the Borough
Council have been met. The fee for the application and issuance of
any use and occupancy permit and rental dwelling license, as well
as any fee for reinspection(s) of properties, shall be set from time
to time at the discretion of Borough Council by resolution.
C.
An operating license for all rentals, leased, subleased single- or
multiple-family dwellings or rooming house shall be valid for a period
of one year, unless revoked for noncompliance of any Borough ordinance
or nonpayment of Borough sanitary sewer or trash collection fee, and
such license shall be renewable for successive periods of one year
from the original date of application for said license. Licenses shall
not be transferable.
A.
Any rented single-family dwelling owner whose tenant has six police
complaints against the tenant or property will have its rental dwelling
license and its use and occupancy permit revoked. After three complaints,
the owner will be notified, via certified mail, that there have been
three complaints against his/her tenant or property, and after an
additional three complaints, the rental dwelling license and/or use
and occupancy permit will be revoked for one year.
B.
Any owner of an apartment building which has six police complaints
on a single apartment unit will have its rental dwelling license revoked
on that apartment. After three complaints, the owner will be notified,
via certified mail, that there have been three complaints, and after
an additional three complaints, the rental dwelling license for that
apartment unit will be revoked for one year.
C.
The owner will be notified that there have been six complaints and
that his use and occupancy permit and his rental dwelling license
have been withdrawn. Once notified of the six complaints, the owner
shall have seven days to start eviction proceedings and show proof
and court date to the Borough. If proof is not shown in seven days,
a citation shall be issued on a weekly basis until proof is shown
of eviction proceedings. After the tenant is evicted, the one-year
suspension will commence.
A.
Boarding-up procedures. No building shall have the windows or doors
blocked except to alleviate a dangerous condition which is of a temporary
nature. A detailed description of the planned work, including specifications
of dangerous conditions, the name, address and phone number of the
individual responsible for the property and the period of time it
will take to correct the condition, must be immediately submitted
to the Borough Manager for review and approval.
B.
If boarding is approved, all board-up must be installed inside the
building, with all surfaces that face outside to be painted white.
Only in extraordinary circumstances and with the approval of the Borough
Manager will board-up be allowed on the outside of the building. The
same painting requirements will remain in effect.
A.
The responsible
Borough official is hereby authorized and directed to make inspection
of the condition of rental dwellings, multiple-dwelling units, rooming
units and other structures located in the Borough of Sharon Hill.
The inspector is authorized to enter, examine and survey such units
and premises on weekdays between 9:30 a.m. and 4:00 p.m., or at such
other times as may be necessary in an emergency or as mutually agreed
by the occupant and the Borough officials responsible for scheduling
appointments. Failure to allow for entry into premises for inspection
and failure to notify the appropriate tenant within 48 hours of an
inspection will result in a fine by the Borough.
B.
In the event that a mutually acceptable date and time is not kept
by the owner/manager, or not canceled within 24 hours previous to
the scheduled appointment, this will be counted as the first appointment.
The next appointment will be counted as a reinspection and charged
appropriately. If the second appointment is scheduled and not responded
to, it will result in the revoked rental dwelling license by the Borough
Official.
C.
In the event any person, firm, corporation or any other type of entity
owning, managing, conducting or operating a rental dwelling unit and/or
rooming unit fails to apply for and obtain an annual rental dwelling
license or use and occupancy permit as required by this article, in
addition to any other remedies provided for by this article, the appropriate
Borough officials are hereby empowered and authorized to issue a citation
to any and/or each of the aforementioned persons, firm, corporation,
or any other type of entity owning, managing, conducting or operating
a dwelling unit and/or rooming unit and, upon conviction before a
Magisterial District Judge, shall be sentenced to pay a maximum fine
as provided from time to time by state statute, together with costs
of prosecution, or to imprisonment in the county jail for a term not
to exceed 30 days. Each day there exists a violation of this section
shall constitute a separate violation of the article, and the Borough
official may at his/her discretion issue a separate citation for each
such individual violation.[1]
D.
Every occupant of a rental dwelling unit or rooming unit shall grant
to the owner or his agent or employees free access to it at reasonable
times for the purpose of making repairs or alterations to effect compliance
with this article.
A.
When the Borough official determines that there exists a violation
of any provision of this article, he shall serve written notice of
such violation on the person or persons responsible as herein provided.
B.
Such notice shall:
(1)
Be put in writing.
(2)
Allow a responsible time for the performance of any repairs it requires.
(3)
Be sent to the owner or his manager, as the case may require, provided
that such notice shall be properly served upon such person and such
notice shall be sent by regular mail to his address located on his
application.
Whenever the Borough official finds that there exists any violation
of this article which creates an emergency requiring immediate correction
to protect the health, safety and welfare of any occupant of a dwelling
unit or rooming unit, he may issue and order reciting the existence
of such an emergency. Notwithstanding the other provisions of this
article, such order shall be effective immediately. Any person to
whom such order is directed shall comply therewith immediately.
Whenever an appropriate Borough official finds that a dwelling
unit constitutes a serious hazard to the health, safety or welfare
of the occupants or to the public because of dilapidated, structural
defect, unsanitary, vermin-infested, rodent-infested or lack of basic
facilities and equipment required by this article, he shall designate
such dwelling unit as unfit for human habitation. Such designation
shall be posted on the dwelling unit and shall specify the reason
for such finding. A notice of violation shall also be served by regular
and certified mail. Any dwelling unit so designated shall be vacated
within a reasonable time as specified by the Borough official and
shall not again be used for human habitation until the hazard or violation
has been eliminated or corrected and the appropriate Borough official
has removed the designation and given written approval for occupancy.
A report of any such closing shall immediately be filed with the Borough
Council President.
