[Adopted 9-11-2017 by Ord. No. 328[1]]
[1]
Editor’s Note: This ordinance also repealed former Art.
III, Property Maintenance and Fire Code, adopted 10-11-2010 by Ord.
No. 288.
It is the intent and purpose of this ordinance to adopt a modern
property maintenance code, which will prescribe effective standards
and minimum requirements for buildings and premises in the Township.
This code is designed to cover every facet of housing and property
maintenance in order to insure that persons in or visiting the Township
are provided with a safe and sanitary environment.
The provisions of Ordinances 288 as amended that provide for
the adoption and modification of the Centre Region Building Safety
and Property Maintenance Code/2010 are hereby repealed.
It is hereby adopted by Harris Township for the purposes set forth in § 10-3.1 that certain code known as the Centre Region Building Safety and Property Maintenance Code, 2017 edition, as promulgated by the Centre Region Council of Governments, except such provisions which may be in conflict with the laws of the Commonwealth of Pennsylvania or the regulations issued by an agency of the commonwealth by virtue of such laws and which provide a more stringent standard and which are required to be observed by the Township or the provisions of other ordinances of this jurisdiction which are in conflict with the provisions of this chapter, regardless of the strictness of the provisions. The provisions of the Centre Region Building Safety and Property Maintenance Code, 2017 edition, as amended, are set forth in the copy presently on file in the office of the Harris Township Municipal Manager, and are hereby adopted as fully as if set forth in length herein, and from the date on which this chapter shall take effect, the provisions thereof shall be controlling within the limits of the municipality, except as modified by this chapter and any subsequent amendments thereto.
The following sections of the Centre Region Building Safety
and Property Maintenance Code, 2017 edition, as amended, are deleted
in their entirety:
A.
Section 302.11, Trees.
B.
Table 404.5.1, Minimum Habitable Space applies to all properties
receiving a rental housing permit for the first time between January
1, 1998 and December 31, 2002.
C.
Table 404.5.2, Minimum Habitable Space applies to all properties
receiving a rental housing permit for the first time after January
1, 2003.
D.
Section 702.6.1, Three story one or two family dwelling.
E.
Section 708.3.3, Open burning.
F.
Section 805, Rental housing permit suspension for zoning violations.
G.
Section 806, Rental housing permit suspension for nuisance and criminal
violations.
H.
Section 807, Student home license.
I.
Section 902.1, Permit required.
J.
Section 902.2, Permit required.
The following sections of the Centre Region Building Safety
and Property Maintenance Code, 2017 edition, are amended to read as
follows:
A.
Alter Section 101.2 Scope. To read:
Exception: Owner-occupied single-family dwellings that do not require a rental housing permit are exempted from all sections of this code except Sections 101, 102, 103, 104, 105, 106, 107, 108, 109, 110, 111, 112, 302.1, through 302.7, 302.9, 302.10, 303, 304.1, 304.3 through 304.12, 304.19 through 304.21, 306, exterior provisions of 307.1, 312, 604, and chapters 2, 9, 10, and 11 of this code.
B.
Alter: Section 404.3 Minimum ceiling heights. To read:
Exceptions: 4. Structures constructed prior to
1996
C.
Alter: Table 404.5. Minimum habitable space applies to all properties
receiving a rental housing permit.
D.
Alter: Section 714.2 L-P Gas containers. To read:
714.2 L-P Gas containers. Under no circumstances
shall any LP-gas container or compressed gas fuel cylinder with a
water capacity greater than 2-1/2 pounds [nominal 1 pound (0.454 kg)
LP-gas capacity] be used on any balcony or area that does not have
a direct means of egress that does not require entry to a structure
nor in areas covered by a roof or partially enclosed area no matter
what the construction type.
E.
Add: Section 805 Rental housing permit revocation. To read:
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Section 805 Rental housing permit revocation.
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805.1 Violation Notice Required. Within any eighteen-month
period, as specified in Section 805.2 (2), written notices may be
issued as follows:
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1.
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Prior to revocation of a rental housing permit, the Township
shall provide written notice to the owner of any rental property whenever
two or more offenses pertaining to occupancy, external or internal
property maintenance, refuse, dogs, sidewalk obstructions, noise,
drugs, alcohol, disorderly conduct, or vegetation have occurred individually
or in combination at the property within an eighteen-month period.
The written notice shall state that the property has been identified
as a problem property and that continued offenses could result in
revocation of the rental housing permit.
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2.
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Whenever two or more additional violations occur after the first
notice, a second written notice shall be sent advising the property
owner that his/her property has again been identified as a problem
property and that further offenses at said property may result in
rental housing permit revocation. To afford the property owner an
opportunity to correct problems identified in the first notice, the
second notice shall not be sent before 30 calendar days following
the first notice.
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3.
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Whenever two or more additional violations occur for a total
of six or more offenses, a third written notice shall be sent advising
the property owner that the property has again been identified as
a problem property and the rental housing permit may be revoked.
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805.2. Empowerment and Conditions for Revocation. The code official of the Centre Region Code Administration is empowered
to revoke the rental housing permit for any property within the Township
whenever all of the following conditions have occurred:
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1.
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The property owner received two written notices from the Municipality
that the property has been determined to be a problem property;
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2.
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Six or more offenses pertaining to occupancy, external/internal
property maintenance, refuse, dogs, sidewalk obstructions, noise,
disorderly conduct, drugs, alcohol or vegetation have occurred individually
or collectively at the property within an eighteen-month period;
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3.
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Said offenses resulted in a plea of guilty or conviction or
judgment in favor of the Municipality or warrant for the arrest of
a defendant.
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Revocation by the code official shall not be for internal property
maintenance offenses, except those that are deemed life-safety offenses.
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When a complaint made by the property owner, their property
manager, person in charge, or by the tenants of the premises results
in prosecution against another at the premises, such violation shall
not be counted toward revocation of the rental housing permit.
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805.3 Revocation Procedures. The code official
shall notify the property owner of the revocation by written notice
sent by a parcel service with delivery receipt, delivered in person,
or posted on the property. The notice shall advise the property owner
of the property address, the effective dates of the revocation, the
reason for the revocation, the effect of the revocation on the property,
penalties that can be imposed for violation of the revocation and
appeal rights and procedures.
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The code official shall set forth the effective date of the
revocation in such manner so that revocation commences on the first
day following expiration of the lease or leases in force provided
such lease or leases are not for more than a one-year period. When
there is no lease in force or when the lease or leases are for periods
greater than one year, revocation shall commence upon the first day
following the annual permit renewal date. No housing permit shall
be renewed for six months for the first revocation and 12 months for
each subsequent revocation beginning on the effective date of the
revocation.
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805.4 Effect of Revocation. Upon the commencement
of revocation, the property shall be secured and no person, firm or
corporation shall operate or rent/lease to another for residential
occupancy any dwelling unit or rooming unit during such time that
the rental housing permit for such unit is revoked.
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805.5 Appeal Procedure from Code Official. Appeals
of revocation initiated by the code official shall be heard by the
Centre Region Building and Housing Code Board of Appeals in accordance
with the procedures established for appeals to that Board, as referenced
in Section 111, "Means of Appeals." The Board of Appeals is empowered
to sustain, withdraw or modify the revocation.
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805.6 Offenses. For purposes of this section, offenses
are those as set forth in the following ordinances or statutes:
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Refuse. Refers to Municipal Solid Waste regulations enforced by the Ordinance Enforcement Officer pursuant to Chapter 5 of the Harris Township Code of Ordinances, as amended.
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Property Maintenance (Interior and Exterior). Refers to regulations
for the maintenance of residential property contained in the Centre
Region Building Safety and Property Maintenance Code, as generally
enforced by the Centre Region Code Office.
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Disorderly Conduct. Refers to enforcement by the State College
Borough Police Department of Section 5503, Crimes Code, Act of Dec.
6, 1972, P.L. 1482, No. 334.
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Drugs. Refers to enforcement by police of "The Controlled Substance;
Drug, Device and Cosmetic Act," of April 14, 1972, P.L. 233, No. 64,
as amended.
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Alcohol. Refers to possession or consumption by a minor pursuant
to Section 6308, Crimes Code, Act of Dec. 6, 1972, P.L. 1482, No.
334, or furnishing to a minor, Section 493, Liquor Laws, Act of April
12, 1951, P.L. No. 90, as amended.
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Dogs. Refers to enforcement of dog offenses pursuant to Ordinance
No, 159, the Harris Township Dog Ordinance, and the Pennsylvania State
Dog Law.
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805.7 Assignment of Offenses. Offenses, as set
forth in Section 805.6 of this ordinance, shall apply towards revocation
of the rental housing permit for any one-family house, duplex, multiple-family
dwelling unit, rooming unit or fraternity, as the case may be, in
accordance with the following:
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One-Family House or Fraternity House: Section 805.6 offenses
that occur anywhere on the property, including sidewalk obstruction
on sidewalks contiguous to the property, shall apply to the house
or the fraternity.
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Two-Family (Duplex), Multiple-Family or Rooming Unit: Section
805.6 offenses that occur within an individual dwelling or rooming
unit shall apply to that unit. Offenses committed by a tenant shall
apply to the tenant's dwelling or rooming unit. Offenses committed
by the property owner shall be assigned to the property in general.
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The effective date of this ordinance shall be September 1, 2017.
Nothing in this article or chapter or in the Centre Region Building Safety and Property Maintenance Code hereby adopted shall be construed to affect any suit or proceeding impending in any court, or any rights acquired, or liability incurred, or any cause or causes of action acquired or existing, under any act or ordinance hereby repealed, as cited in § 10-3.2 of this article, nor shall any just or legal right or remedy of any character be lost, impaired, or affected by this article.
