City of Lebanon, PA
Lebanon County
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Table of Contents
Table of Contents
In enacting this Article 1713, Council, by Ordinance 62-1966, 67 § 1, 2, passed September 11, 1967, ordained the following:
(a) Findings and Declaration of Policy. It is hereby found and declared that there exists in the City structures used for nonresidential purposes which are, or may become in the future, substandard with respect to structure, equipment and maintenance; that such conditions including but not limited to structural deterioration, lack of maintenance and appearance of exterior of premises, infestation, lack of essential heating, plumbing, storage or refrigeration equipment, lack of maintenance or upkeep of essential utilities and facilities, existence of fire hazards, inadequate provisions for light and air, unsanitary conditions and overcrowding constitute a menace to the health, safety, morals, welfare and reasonable comfort of the citizens and inhabitants of the City. It is further found and declared that by reason of lack of maintenance and progressive deterioration, such properties have the further effect of creating blighting conditions, and that if the same are not curtailed and removed, the aforesaid conditions will grow and spread and will necessitate in time the expenditure of large amounts of public funds to correct and eliminate the same. By reason of such timely regulations as herein contained, the growth of blight may be prevented and neighborhood property values maintained; the amenities of residential and nonresidential uses enhanced; and the public health, safety and welfare protected and fostered.
(b) Purposes. The purpose of this Commercial Structure Code is to protect the public health, safety, morals and welfare by establishing minimum standards governing the maintenance, appearance, condition and occupancy of nonresidential premises; to establish minimum standards governing utilities, facilities and other physical components and conditions essential to make the aforesaid facilities fit for human habitation, occupancy and use; to fix certain responsibilities and duties upon owners and operators, and distinct and separate responsibilities and duties upon occupants; to authorize and establish procedures for the inspection of premises; to fix penalties for the violations of this Commercial Structure Code; and to provide for the repair, demolition or vacation of premises unfit for human habitation or occupancy or use. This Code is hereby declared to be remedial and essential for the public interest and it is intended that this Code be liberally construed to effectuate the purposes as stated herein.
[Ord. 62-1966, 67 § 3, passed 9-11-1967]
The short title of this article shall be the "Lebanon Commercial Structure Code".
[Ord. 62-1966, 67 § 3, passed 9-11-1967]
The following terms wherever used herein or referred to in this article shall have the respective meanings assigned to them unless a different meaning clearly appears from the context.
[Ord. 62-1966, 67 § 3, passed 9-11-1967]
"Accessory structure" means a structure, the use of which is incidental to that of the main building and which is attached thereto or located on the same premises.
[Ord. 62-1966, 67 § 3, passed 9-11-1967]
"Building" means a structure adapted to permanent or continuous occupancy or use for public, institutional, business, industrial or storage purposes.
[Ord. 62-1966, 67 § 3, passed 9-11-1967]
"Deterioration" means the condition of a building or part thereof, characterized by holes, breaks, rot, crumbling, cracking, peeling, rusting or other evidence of physical decay or neglect, lack of maintenance or excessive use.
[Ord. 62-1966, 67 § 3, passed 9-11-1967]
Fire hazard means:
(a) 
Any device or condition likely to cause fire and which is so situated as to endanger either persons or property.
(b) 
The creation, maintenance or continuation of any physical condition by reason of which there exists a use, accumulation or storage of combustible or explosive material sufficient in amount or so located or in such a manner as to put in jeopardy, in event of ignition, either persons or property.
(c) 
The obstruction to or of fire escapes, ladders which may be used as escape, stairways, aisles, exits, doors, windows, passageways or halls, likely, in the event of fire to interfere with the operations of the Bureau of Fire or of the safety and ready egress of occupants.
[Ord. 62-1966, 67 § 3, passed 9-11-1967]
"Garbage" means all kitchen refuse of residences, hotels, restaurants or other places where food is prepared for human consumption, and all offal from fish, meat and vegetable markets, and all vegetable or organic substances unfit for food that are subject to immediate decay.
[Ord. 62-1966, 67 § 3, passed 9-11-1967]
"Infestation" means the presence of insects, rodents, vermin or other pests on the premises which constitute a health hazard.
[Ord. 62-1966, 67 § 3, passed 9-11-1967]
"Operator" means any person serving as an agent for the owner for the operation, care and control of a premises or a part thereof.
[Ord. 62-1966, 67 § 3, passed 9-11-1967]
"Owner" means any person, who, alone or jointly or severally with others, shall have legal or equitable title to any premises, with or without the accompanying actual possession thereof; or shall have charge, care or control as owner or agent of the owner, or as executor, executrix, administrator, administratrix, trustee, receiver or guardian of an estate, or as a mortgagee in possession regardless of how such possession was obtained.
[Ord. 62-1966, 67 § 3, passed 9-11-1967]
"Plumbing" means all of the following supplies, facilities and equipment: gas pipes, gas-burning equipment, water pipes, garbage disposal units, waste pipes, water closets, sinks, installed dishwashers, lavatories, bathtubs, shower baths, installed clothes-washing machines, catch basins, vents and any other similar supplied fixtures, together with all connections to water, sewer or gas lines and water pipes and lines utilized in conjunction with air conditioning equipment.
[Ord. 62-1966, 67 § 3, passed 9-11-1967]
"Premises" means a lot, plot or parcel of land including the building or structures thereon.
[Ord. 62-1966, 67 § 3, passed 9-11-1967]
"Restroom" means an enclosed space containing one or more toilets and one or more lavatories or fixtures serving similar purposes.
[Ord. 62-1966, 67 § 3, passed 9-11-1967]
"Rubbish" means all combustible and noncombustible waste materials, except garbage, and the term shall include, but not be limited to: the residue from the burning of wood, coal, coke and other combustible material, paper, rags, cartons, boxes, wood, excelsior, rubber, leather, tree branches, yard trimmings, tin cans, metals, mineral matter, glass, crockery, abandoned automobiles and dust.
[Ord. 62-1966, 67 § 3, passed 9-11-1967]
"Structure" means any combination of any materials, whether fixed or portable, forming a construction, including buildings.
[Ord. 62-1966, 67 § 3, passed 9-11-1967]
"Ventilation" means the supply and removal of air to and from any space by natural or mechanical means.
[Ord. 62-1966, 67 § 3, passed 9-11-1967]
"Mechanical ventilation" means ventilation by power-driven devices.
[Ord. 62-1966, 67 § 3, passed 9-11-1967]
"Natural ventilation" means ventilation by opening to outer air through windows, skylights, doors or stacks with or without wind-driven devices.
[Ord. 62-1966, 67 § 3, passed 9-11-1967]
"Weathering" means the deterioration, decay or damage caused by exposure to the elements.
[Ord. 62-1966, 67 § 3, passed 9-11-1967]
Every building and the premises on which it is situated shall comply with the provisions of this article, whether or not such building shall have been constructed, altered or repaired before or after the enactment of this article, and irrespective of any permits or licenses which shall have been issued for the use or occupancy of the building or premises for the construction or repair of the building, or for the installation or repair of equipment or facilities prior to the effective date of this article (Ord. 62-1966, 67, passed September 11, 1967). This article establishes minimum standards for the initial and continued occupancy and use of all such buildings, and does not replace or modify standards otherwise established for the construction, repair, alteration or use of the building, equipment or facilities contained therein, except as provided in Section 1713.21.
[Ord. 62-1966, 67 § 3, passed 9-11-1967]
In any case where the provisions of this article impose a higher standard than that set forth in any other ordinance or law, then the standards as set forth herein shall prevail, but if the provisions of this article impose a lower standard than any other ordinance or law, then the higher standard contained in such other ordinance or law shall prevail.
[Ord. 62-1966, 67 § 3, passed 9-11-1967]
No license or permit or other certification of compliance with this article shall constitute a defense to any violation of any other ordinance of the City applicable to any structure or premises, nor shall any provision herein relieve any owner, operator or occupant from complying with any such other provision, nor any official of the City from enforcing any such other provision.
[Ord. 62-1966, 67 § 3, passed 9-11-1967]
(a) 
Owners and operators shall have the duties and responsibilities as prescribed in Section 1713.24 and the regulations promulgated pursuant thereto, and no owner or operator shall be relieved from any such duty and responsibility nor be entitled to defend against any charge of violation thereof by reason of the fact that the occupant is also responsible therefor and in violation thereof.
(b) 
Occupants shall have all the duties and responsibilities as prescribed in Section 1713.25 and all the regulations promulgated pursuant thereto, and the occupant shall not be relieved from any such duty and responsibility nor be entitled to defend against any charge of violation thereof by reason of the fact that the owner or operator is also responsible therefor and in violation thereof.
(c) 
Unless expressly provided to the contrary in this article the respective obligations and responsibilities of the owner and operator on one hand, and the occupant on the other, shall not be altered or affected by any agreement or contract by and between any of the aforesaid or between them and other parties.
[Ord. 62-1966, 67 § 3, passed 9-11-1967]
The following duties and responsibilities are hereby imposed upon every owner and operator of any building covered by the provisions of this article:
(a) 
The exterior of the premises and all structures thereon shall be kept free of all nuisances and any hazards to the safety of occupants, pedestrians and persons utilizing the premises, and free of unsanitary conditions, and any of the foregoing shall be promptly removed and abated by the owner or operator. The items prohibited hereby shall include, but not be limited to: brush, weeds, broken glass, stump roots, obnoxious growths, filth, garbage, trash, refuse, debris, dead and dying trees and limbs or other natural growth, loose and over-hanging objects and ground surface hazards.
(b) 
Foundation walls shall be kept structurally sound, free from defects and damage, and capable of bearing imposed loads safely.
(c) 
Chimneys and all flue and vent attachments thereto shall be maintained structurally sound, free from defects and so maintained as to capably perform at all times the functions for which they were designed. Chimneys, flues, gas vents or other draft equipment shall provide sufficient draft to develop the rated output of the connected equipment, shall be structurally safe, durable, smoke-tight and capable of withstanding the action of flue gases.
(d) 
Exterior porches, landings, balconies, stairs and fire escapes shall be provided with bannisters or railings properly designed and maintained to minimize the hazard of falling, and the same shall be kept structurally sound, in good repair and free from defects.
(e) 
The exterior of the premises and the conditions of accessory structures shall be maintained so that the appearance of the premises and all buildings thereon shall reflect a level of maintenance in keeping with standards of the neighborhood.
(f) 
Premises shall be kept landscaped, and lawns, hedges and bushes shall be kept trimmed.
(g) 
All permanent signs and billboards exposed to public view permitted by reason of other ordinances or laws shall be maintained in good repair. Any signs which have excessively weathered or faded or those upon which the paint has excessively peeled or cracked shall, with their supporting members, be removed forthwith or put into a good state of repair by the owner of the sign.
(h) 
All display windows or store fronts constructed of plate glass shall be kept clean and free of cracks, and no storage shall be permitted therein unless shielded from public view.
(i) 
All store fronts shall be kept in good repair, painted where required, and shall not constitute a safety hazard or nuisance. In the event repairs to a store front become necessary, such repairs shall be made with the same, similar or compatible materials used in the construction of the store front in such a manner as to permanently repair the damaged area or areas. Any cornice visible above a store front shall be kept painted, where required, and in good repair.
(j) 
Any awning or marquee and its accompanying structural members which extends over any street, sidewalk or other portion of the premises shall be maintained in good repair and shall not constitute a nuisance or a safety hazard. In the event such awning or marquee is not properly maintained in accordance with the foregoing, it shall, together with its supporting members, be removed forthwith. In the event such awning or marquee is made of cloth, plastic or of similar materials, such cloth or plastic where exposed to public view shall be maintained in good condition and shall not show evidence of excessive weathering, discoloration, ripping, tearing or other holes. Nothing herein shall be construed to authorize any encroachment on streets, sidewalks or other parts of the public domain.
(k) 
For purposes of preservation and appearance, the exterior of every structure or accessory structure shall be kept in good repair and be kept painted. All surfaces shall be maintained free from broken glass, loose shingles, crumbling stone or brick, excessive peeling paint or any other condition reflective of deterioration or inadequate maintenance.
(l) 
Restrooms shall be surfaced with waterproof floors such as ceramic tile or asphalt tile and shall be kept dry, clean and sanitary at all times. Sufficient restrooms shall be installed and maintained for each sex commensurate with the use of the premises. Every restroom shall be provided with a permanently installed artificial lighting fixture, and a wall switch therefor which is free from danger of short circuiting.
(m) 
All premises shall be properly connected to and provided with electric power. All such connections and electrical equipment shall be installed and maintained in conformity with the provisions of the Lebanon Electric Code, and other applicable ordinances.
(n) 
Maximum fuse sizes consistent with safety shall be posted conspicuously, and no fuse shall be installed in a fuse box in excess of the stated maximum except that owners and operators shall not be responsible for violation in fuse installations without their knowledge where the correct maximum is stated and the fuse box is located within any part of the premises which is in the exclusive possession of occupants other than the owner, in which case such occupant shall be responsible for such violations.
[Ord. 62-1966, 67 § 3, passed 9-11-1967]
The following duties and responsibilities are hereby imposed upon every occupant of any building covered by the provisions of this article:
(a) 
Upon discovery by an occupant of any condition on the premises which constitutes a violation of the provisions of this article, the occupant shall report the same to the Director of Public Safety immediately.
(b) 
All parts of the premises under the control of the occupant shall be kept in a clean and sanitary condition.
(c) 
Storage bins, rooms and open areas shall not be used for the accumulation of garbage or refuse.
(d) 
Every occupant shall be responsible for the elimination of infestation in and on the premises subject to his control.
(e) 
No occupant shall install electrical fuses in a fuse box in excess of the posted limit.
[Ord. 15-1986, 87 § 1, passed 7-28-1986; Ord. 26-1994, 95 § 1, passed 11-28-1994]
(a) 
The provisions of this article shall be administered and enforced in accordance with the provisions of the latest adopted edition of the BOCA Property/Maintenance Code, as amended by Bill No. 27, Sessions 1978-1979.
(b) 
Whoever violates any of the provisions of this article shall be fined not less than $50 nor more than $1,000.