Borough of Liberty, PA HOUSING CODE

[Ord. 347, 9/6/1978, Art. 1]

Title. This Part shall be known and cited as the Borough of Liberty Minimum Standards Housing Code.

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.

Effective Date. The provisions of this code shall become effective six months from the date of its enactment.

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.

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.

§ 5-202 Administration.

[Ord. 347, 9/6/1978, Art. 2; as amended by A.O.]

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.

Regulations.

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.

The regulations shall not be in conflict with the provisions of this code or with any other ordinance of the Borough of Liberty.

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.

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.

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.

A copy of all regulations issued by the Zoning Officer shall be kept on file in the office of the Borough Secretary.

Entry and Inspection of Dwellings.

The Zoning Officer, upon showing proper identification of office, and with the consent of the owner or occupant, may enter and inspect any dwelling.

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.

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.

Notices; Alleged Violations.

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.

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.

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.

Notices; Hearings.

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.

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.

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.

Hearing Board; Creation.

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.

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.

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.

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.

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.

Orders; Noncompliance.

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.

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.

§ 5-203 Pest Control.

[Ord. 347, 9/6/1978, Art. 3]

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.

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.

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.

§ 5-204 Refuse.

[Ord. 347, 9/6/1978, Art. 4]

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.

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.

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.

§ 5-205 General Sanitation and Repair.

[Ord. 347, 9/6/1978, Art. 5]

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.

Drainage. No person shall occupy as owner-occupant or let to another for occupancy any dwelling unless the premises are properly graded and drained.

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.

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.

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.

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.

§ 5-206 Structural Requirements.

[Ord. 347, 9/6/1978, Art. 6]

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.

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.

Openings. Every window, exterior door and basement hatchway shall be weathertight and watertight and shall be kept in sound working condition and good repair.

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.

§ 5-207 Utilities and Fixtures.

[Ord. 347, 9/6/1978, Art. 7]

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.

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.

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.

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.

Kitchen Sinks. Every dwelling unit shall contain a kitchen sink.

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.

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.

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.

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.

§ 5-208 Habitable Rooms.

[Ord. 347, 9/6/1978, Art. 8]

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:

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.

There shall be adequate lighting and ventilation and a safe and unobstructed means of egress.

Occupancy of Basements. No basement shall be occupied as a dwelling unit or habitable room unless there is compliance with the following requirements:

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.

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.

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.

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.

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.

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.

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.

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.

§ 5-209 Penalties.

[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.