[Ord. 347, 9/6/1978, Art. 1]
1. Title. This Part shall be known and cited as the Borough of Liberty
Minimum Standards Housing Code.
2. Statement of Policy. It is hereby declared that inadequate provision
for light and air, insufficient protection against fire, unsanitary
conditions, improper heating, overcrowding, dilapidation and disrepair
of dwelling and premises, and the occupancy or existence of dwellings
unfit for human habitation endanger the health, safety, morals, welfare
and reasonable comfort of the community, and that the establishment
and maintenance of proper housing standards and the rehabilitation
of housing are essential to the public health, safety and welfare.
3. Effective Date. The provisions of this code shall become effective
six months from the date of its enactment.
4. Conflict with Other Ordinances. Where a provision of this code is
found to be in conflict with a provision in any building or zoning
ordinance, or in any other ordinance of the Borough of Liberty existing
on the effective date of this code, or in any regulation issued under
the authority of such ordinances, the provision which establishes
the higher standard for the protection of health, safety and welfare
shall prevail.
5. Severability of Provisions. The provisions of this code are severable,
and if any provision of this code or the application of any provision
under particular circumstances be held unconstitutional the remaining
provisions of this code or their application in other circumstances
shall in no way be affected or impaired. It is hereby declared to
be the intent of the Borough of Liberty Council that this code would
have been adopted had such unconstitutional provision not been included
herein.
[Ord. 347, 9/6/1978, Art. 2; as amended by A.O.]
1. Responsibility of the Zoning Officer of the Borough of Liberty. The
Zoning Officer of the Borough of Liberty shall be responsible for
the administration and enforcement of this code and he shall exercise
the powers, duties and responsibilities vested by this code.
2. Regulations.
A. The Zoning Officer may issue regulations setting forth such standards,
conditions and other specifications as he deems advisable for the
proper interpretation and enforcement of the provisions of this code.
The regulations may include, but shall not be limited to, matter respecting:
(1)
Required facilities, utilities and fixtures, illumination, ventilation,
heating, structural condition, good repair and sanitary maintenance
of dwellings.
(2)
The sanitary condition and maintenance of premises.
(3)
The occupancy of dwellings.
(4)
The elimination and prevention of infestation in dwellings.
B. The regulations shall not be in conflict with the provisions of this
code or with any other ordinance of the Borough of Liberty.
C. The regulations shall have the same force and effect as the provisions
of this code, and the penalty for their violation shall be the same
as the penalty for the violation of the provisions of this code.
D. The Zoning Officer shall, 30 days prior to the issuance of any regulations,
submit a copy of the proposed regulations to the Borough of Liberty
Council for recommendations and suggestions.
E. The Zoning Officer shall, 30 days prior to the issuance of any regulations,
give notice of his intention to issue the regulations in one newspaper
of general circulation in the Borough of Liberty and shall file a
copy of the proposed regulations readily accessible to the public,
in the office of the Borough Secretary.
F. A copy of all regulations issued by the Zoning Officer shall be kept
on file in the office of the Borough Secretary.
3. Entry and Inspection of Dwellings.
A. The Zoning Officer, upon showing proper identification of office,
and with the consent of the owner or occupant, may enter and inspect
any dwelling.
B. Upon a showing of probable cause before a local magisterial district
judge of a violation of this code, and the issuance of a search warrant,
or in case of emergency accompanied by probable cause that a violation
of this code exists, the Zoning Officer may enter and inspect any
dwelling with or without the consent of the owner or occupant.
4. Preliminary Area Surveys. The Zoning Officer may make a preliminary
survey in any area of the Borough of Liberty to determine the general
condition of the dwellings in that area, the extent of dilapidation
of dwellings, and the unsafe and unsanitary conditions which may exist.
5. Notices; Alleged Violations.
A. Whenever the Zoning Officer has reasonable grounds to believe that
there has been a violation of any provision of this code or of any
regulation issued thereunder, he shall give notice of the alleged
violation in the manner provided in this section to the person responsible
for compliance under this code.
B. The notice shall be in writing, include a statement of the reasons
why it is being issued, and specify a reasonable time for the performance
of any act it requires.
C. The notice shall be served upon the person responsible by presenting
a copy to him personally; or if service cannot be accomplished in
this manner, by sending a copy to his last known address by registered
mail, accompanied with a request for a return receipt; or if service
cannot be accomplished in this manner by posting a copy in a conspicuous
place in or about the dwelling.
6. Notices; Hearings.
A. Any person served with a notice may request and shall be granted
a hearing in the manner provided in this section. The person requesting
a hearing shall, within 10 days from the day the notice was served,
file in the office of the Borough Secretary a petition for a hearing.
The Zoning Officer shall immediately refer the petition to the Hearing
Board which shall set a time and place for the hearing and shall give
the petitioner written notice thereof. The hearing shall be held before
the Board not later than 10 days from the day the petition was filed,
except that upon application of the petitioner or upon its own motion
the Board may delay the time of the hearing for not more than 40 days
from the day the petition for a hearing was made if there is good
and sufficient reason for delay.
B. After the hearing, the Board shall sustain, modify or revoke the
notice of the Zoning Officer depending upon the decision of the Board
as to whether there has been compliance with the provisions of this
code and the regulations issued thereunder. If the Board sustains
or modifies the notice it shall be deemed to be an order.
C. Any notice served pursuant to subsection .5 shall automatically become
an order if a written petition for a hearing is not filed in the office
of the Borough Secretary within 10 days from the day the notice was
served.
7. Hearing Board; Creation.
A. There is hereby created a Hearing Board to conduct the hearings authorized
by this code. The Board shall consist of three members who shall be
appointed by Council, and who shall be residents of the Borough of
Liberty. One member shall be designated to serve until the first day
of January, 1980; one until the first day of January, 1981; and one
until the first day of January, 1982. Their successors shall be appointed
at the expiration of their respective terms to serve three years.
Whenever a member vacates his position on the Board, Council shall
appoint a successor to fill the unexpired term. Members of the Board
shall be permitted to hold other appointed offices within the Borough
of Liberty, except that neither the Borough Secretary, nor Zoning
Officer, nor any elected official shall be permitted to hold such
a position.
B. The Board shall elect one of its members as Chairman and shall adopt
rules of procedure not inconsistent with this code. Three members
of the Board shall constitute a quorum. No member of the Board shall
take part in any hearing in which he has a personal or financial interest.
C. All decisions of the Board sustaining, modifying, or revoking any
action of the Director shall be by a majority vote. Each decision
shall be made within a reasonable time after the hearing, and shall
be reduced to writing and entered as a matter of public record in
the office of the Borough Secretary. A copy of the decision of the
Board shall be furnished to the petitioner.
D. The Board may interpret the intent of this code in specific cases
where it clearly appears that by reason of special conditions undue
hardship would result from a literal application of any section of
this code. Where such undue hardship is clearly demonstrated, the
Board may permit a variance from the applicable section if the dwelling
will vary only a reasonable minimum from the literal provisions of
this code but will comply with the spirit and intent of the code with
respect to housing sanitation, safety and rehabilitation.
8. Emergency Orders; Action by Zoning Officer Without Prior Notice and
Hearing. Whenever the Zoning Officer determines that an emergency
exists which necessitates immediate action to protect the public health,
safety or welfare, he shall, without prior notice, issue a written
order reciting the experience of the emergency and requiring whatever
action he deems advisable to meet the emergency. Notwithstanding other
provisions contained in this section, this order shall be effective
upon service and shall be complied with immediately.
9. Orders; Noncompliance.
A. In the event of the failure to comply with an order issued pursuant
to any section of this code, the Zoning Officer may institute appropriate
actions or proceedings at law or in equity to restrain, correct or
abate the violation of the order.
B. Any person failing to comply with an order issued pursuant to any
Section of this code may also be prosecuted for a violation of this
code in accordance with the penalty clause hereinafter recited.
[Ord. 347, 9/6/1978, Art. 3]
1. Rodent Protection. No person shall occupy as owner-occupant or let
to another for occupancy any dwelling, dwelling unit or rooming unit
unless every foundation, floor, wall, ceiling, roof, window, exterior
door and basement hatchway is free from openings large enough to permit
the entry of rodents.
2. Cellars and Basements. No person shall occupy as owner-occupant or
let to another for occupancy any dwelling, dwelling unit or rooming
unit unless every basement or cellar window used or intended to be
used for ventilation and every other opening to a basement or cellar
which may permit the entry of rodents shall be supplied with a protective
device which will effectively prevent the entry of rodents.
3. Responsibility for General Measures. Every occupant of a dwelling
containing a single dwelling unit shall be responsible for the extermination
of any insects, rodents or other pests therein or on the premises.
Every occupant of a dwelling unit in a dwelling containing more than
one unit shall be responsible for such extermination whenever his
dwelling unit is the only one infested, except that whenever infestation
is caused by failure of the owner to maintain the dwelling in a rodent-proof
or reasonably insect proof condition, extermination shall be the responsibility
of the owner. Whenever infestation exists in two or more of the dwelling
units in any dwelling or in the shared or public parts of any dwelling,
extermination shall be the responsibility of the owner. Whenever infestation
exists in any rooming house, extermination shall be the responsibility
of the operator.
[Ord. 347, 9/6/1978, Art. 4]
1. Definitions. As used in this section "refuse" includes "garbage"
and "rubbish"; "garbage" means the animal and vegetable waste resulting
from the handling, preparation, cooking, and consumption of food;
and "rubbish" means any household waste materials other than garbage,
ashes and cinders, and building materials.
2. Facilities Required. Every dwelling unit shall be supplied by the
occupant with adequate refuse storage facilities or refuse disposal
facilities, except that in the case of multiple dwellings and rooming
houses the owner or operator shall be responsible for supplying such
facilities. Refuse storage facilities shall be made of metal or equivalent
material, shall be watertight and provided with tight covers which
shall be kept securely closed at all times. The type and location
of refuse storage facilities and refuse disposal facilities shall
be subject to approval by the Zoning Officer.
3. Responsibility for Proper Storage and Disposal. The occupant of every
dwelling unit or rooming unit shall be responsible for the storage
of garbage and rubbish in a clean and sanitary manner in accordance
with the provisions of this section, and in compliance with the ordinances
of the Borough of Liberty.
[Ord. 347, 9/6/1978, Art. 5]
1. Maintenance. Every owner, and every operator where the entire dwelling
is used as rooming house, shall maintain the dwelling and premises,
including all fences, enclosures and appurtenances, in sound condition
and good repair.
2. Drainage. No person shall occupy as owner-occupant or let to another
for occupancy any dwelling unless the premises are properly graded
and drained.
3. Occupant Responsibility. Every occupant of a dwelling unit shall
keep it in a clean and sanitary condition and free from any accumulation
of dirt, refuse, debris or other matter that part of the dwelling
and premises which he occupies and controls.
4. Owner Responsibility for Shared or Public Areas. Every owner of a
dwelling containing two or more dwelling units or one dwelling unit
and one or more rooming units, shall be responsible for maintaining
in a clean and sanitary condition the shared or public areas of the
dwelling and premises.
5. Rooming Houses. The operator of every rooming house shall be responsible
for the sanitary maintenance of all walls, floors and ceilings, and
for the maintenance of a sanitary condition in every part of the rooming
house.
6. Letting of Dwelling Units and Rooming Units. No person shall occupy
as owner-occupant or let to another for occupancy any vacant dwelling
or rooming unit unless it is clean, sanitary, in good repair and fit
for human occupancy.
[Ord. 347, 9/6/1978, Art. 6]
1. Principal Members. Every exterior wall, roof and foundation shall
be weathertight and watertight. Every floor and ceiling shall be sound
and tight. All members of the structure shall be kept in good repair
and in safe condition.
2. Stairs and Porches. Every inside and outside stair, every porch and
every other appurtenance to the structure shall be so constructed
as to be safe for use, shall be kept in sound condition and good repair.
The Zoning Officer may require that any inside or outside stairway
have at least one well secured handrail, which extends the full length
of the stairway, when it is deemed necessary for safe passage.
3. Openings. Every window, exterior door and basement hatchway shall
be weathertight and watertight and shall be kept in sound working
condition and good repair.
4. Egress. Every dwelling unit and rooming unit shall have safe and
unobstructed means of egress leading to a safe and open space at ground
level, as required by the laws of the Commonwealth and the ordinances
of the Borough of Liberty.
[Ord. 347, 9/6/1978, Art. 7]
1. Electricity Supply. Every dwelling or structure within 300 feet of
power lines shall be supplied with electricity so as to be sufficiently
and adequately lighted.
2. Heating. Every dwelling shall have heating facilities which are properly
installed, maintained in safe and good working condition, and capable
of safely and adequately heating all habitable rooms, rooms containing
a water closet, bathtub or shower and communicating corridors in dwelling
units. The Zoning Officer may prohibit the use of any gas-fired space
heater where the heater may constitute a danger to health or safety.
3. Water Supply. Every dwelling unit and rooming house shall be supplied
with piped running water to provide an adequate, safe and sanitary
water supply to every fixture connected with the water supply and
drainage system.
4. Installation and Maintenance. Every gas pipe, water pipe, garbage
disposal unit, waste pipe, water closet, flush urinal, sink, installed
dishwasher, lavatory basin, bathtub, shower, installed clothes washing
machine, catch basin, drain, vent, gas burning fixture, any device
connected with the water supply and drainage system, or any other
similar fixture, together with all connections to water, sewer or
gas lines shall be cleanable and shall be installed and maintained
in good, sanitary working condition, free from defects, leaks and
obstructions, and in accordance with the laws of the Commonwealth
and the ordinances of the Borough of Liberty. Every kitchen sink,
lavatory basin, water closet, flush urinal, bathtub or shower shall
be connected to the water supply system and to a sewer system which
is subject to the approval of the Zoning Officer.
5. Kitchen Sinks. Every dwelling unit shall contain a kitchen sink.
6. Water Closets, Lavatory Basins and Bathtubs or Showers in Dwellings
Other than Rooming Houses. Every dwelling unit shall be provided with
at least one flush water closet, lavatory basin and bathtub or shower
within the dwelling unit, a single lavatory basin and a single bathtub
or shower within the dwelling if one of the dwelling units contains
more than 250 square feet of floor area.
7. Water Closets, Lavatory Basins and Bathtubs and Shower in Rooming
Houses. There shall be at least one flush water closet, one lavatory
basin, one bathtub or shower within every rooming house for each four
persons or fraction thereof, including members of the operator's
family whenever they share the use of said facilities, except that
in a rooming house where rooming units are let only to males, flush
urinals may be substituted for not more than one-third the required
number of water closets. None of the facilities described in this
section shall be located in a basement or cellar except by written
approval of the Building Inspector.
8. Bathrooms and Water Closet Rooms; Location and Arrangement. All water
closets, bathtubs and showers shall be located within the dwelling
rooms which afford privacy. Bathtubs and showers need not be located
in the same room as water closets but every room which contains a
water closet shall also contain a lavatory basin. No water closet
may be located in a sleeping room.
9. Access to Bathrooms and Water Closet Rooms. No dwelling containing
two or more sleeping rooms shall have such room arrangements that
access to a bathroom or water closet room can be had only by going
through another sleeping room. In any dwelling in which water closet
or lavatory basins or bathtub or shower facilities are shared by the
occupants of more than one dwelling unit or rooming unit, such facilities
shall be so located within the dwelling as to be accessible without
going through another dwelling unit or rooming unit.
10. Bathrooms and Water Closet Rooms; Floors. Every bathroom, water closet
and shower room floor shall be so constructed and maintained as to
be reasonably impervious to water and capable of being kept in a clean
and sanitary condition at all time.
11. Bathrooms and Water Closet Rooms; Window Area and Ventilation. Every
bathroom and water closet room shall comply with the window area and
ventilation requirements for habitable rooms, unless there are provided
equivalent artificial means of ventilation subject to the approval
of the Zoning Officer.
[Ord. 347, 9/6/1978, Art. 8]
1. Occupancy of Cellars Prohibited; Workrooms, Playrooms or Other Recreation
Rooms in Cellars. No cellar shall be occupied as a dwelling unit or
habitable room. This shall not be construed to prohibit workrooms,
playrooms, or other recreation rooms in cellars. In the event that
a cellar is used as a workroom, playroom or other recreation room
it must comply with the following requirements:
A. The floors and walls shall be impervious to leakage of underground
and surface runoff water and insulated against dampness. The floors
shall be constructed of material which is easy to keep in a clean
and sanitary condition.
B. There shall be adequate lighting and ventilation and a safe and unobstructed
means of egress.
2. Occupancy of Basements. No basement shall be occupied as a dwelling
unit or habitable room unless there is compliance with the following
requirements:
A. The floors and walls shall be impervious to leakage of underground
and surface runoff water and insulated against dampness. The floors
shall be constructed of material which is easy to keep in a clean
and sanitary condition.
B. The ceiling height shall be at least eight feet except that in basements
in multiple dwellings the ceiling height shall be at least eight feet
six inches.
C. There shall be appurtenant to every habitable room or dwelling unit
a water closet room conforming in design and materials to the laws
of the Commonwealth and the ordinances of the Borough of Liberty.
D. The Zoning Officer has issued a written permit indicating that all
the conditions prescribed by this code and the regulations issued
thereunder have been complied with, and the basement has been found
fit for human habitation. The permit shall be kept at all times readily
accessible in the basement.
3. Ceiling Height. Every habitable room shall have a ceiling height
of at least seven feet six inches, except that a habitable room in
a multiple dwelling shall have a ceiling height of at least eight
feet. A habitable room in an attic must comply with the ceiling height
requirements of this section in only one-half of its area.
4. Sleeping Room Area. Every room occupied for sleeping purposes shall
contain a total floor area adequate for the protection of the health
of the occupants. The Zoning Officer may prohibit the occupancy of
any room for sleeping purposes when he determines that the total area
of the room is inadequate.
5. Window Area. Every habitable room shall have at least one window
facing directly to the outdoors. The minimum total window area measured
between stops for every habitable room shall be 10% of the floor area.
Whenever walls or other portions of structures faces a window of any
habitable room, and in the opinion of the Zoning Officer a condition
exists which constitutes an obstruction to natural illumination, such
window shall not be included as contributing to the required total
minimum window area. For a room with a window or windows facing onto
a porch which obstructs natural illumination, the total window area
shall be at least 15% of the floor area.
6. Ventilation. Every habitable room shall have at least one window
which can be opened easily, or such other device as will adequately
ventilate the room. Any window opening onto a glass enclosed porch
shall not be included in determining openable window area.
7. Access to Sleeping Rooms. No dwelling shall have such room arrangement
that access to a sleeping room can be had only by going through a
bathroom or water closet room.
[Ord. 347, 9/6/1978, Art. 9; as amended by Ord. 423, 9/9/1987,
§ 5-109; and by A.O.]
Any person, firm or corporation who shall violate any provision
of this Part, upon conviction thereof in an action brought before
a magisterial district judge in the manner provided for the enforcement
of summary offenses under the Pennsylvania Rules of Criminal Procedure,
shall be sentenced to pay a fine of not more than $1,000 plus costs
and, in default of payment of said fine and costs, to a term of imprisonment
not to exceed 90 days. Each day that a violation of this Part continues
or each Section of this Part which shall be found to have been violated
shall constitute a separate offense.