[HISTORY: Adopted by the Borough Council of the Borough of
Parkside 7-25-2001 by Ord. No.
410.[1] Amendments noted where applicable.]
GENERAL REFERENCES
Building construction — See Ch. 53.
Numbering of buildings — See Ch. 55.
Uniform construction codes — See 61.
Electrical standards — See Ch. 74.
Fees — See Ch. 77.
Fire prevention — See Ch. 82.
Garbage, rubbish and refuse — See Ch. 95.
Mechanical standards — See Ch. 111.
Plumbing — See Ch. 131.
Property maintenance — See Ch. 137.
Zoning — See Ch. 182.
[1]
Editor's Note: This ordinance also superseded former Ch. 119,
Occupancy, adopted 9-15-1982 by Ord. No. 314, as amended.
The purpose of this chapter is to protect the public health,
safety and welfare by enacting an Occupancy Ordinance which controls
and regulates the occupancy of both leased properties and properties
in which title of ownership is transferred, in order to ensure that
said properties and any use thereof will in no way adversely affect
the public health, safety or welfare of any individual or the community
as a whole.
Where the following words are used in this chapter, they shall
be defined as follows:
The Building Code of the Borough of Parkside and all rules
and regulations thereunder.
Any of the following person or persons, either singly or
in combination, who shall serve at the pleasure of the Borough Council
to make the proper occupancy inspections.
[Amended 11-23-2005 by Ord. No. 467; 9-21-2022 by Ord. No. 570]
The Code Enforcement Official.
The Building Inspector of the Borough of Parkside.
Chairperson of the Licenses and Inspections Committee.
Chairperson of the Safety Committee.
The Electrical Inspector of the Borough of Parkside.
The Plumbing Inspector of the Borough of Parkside.
The Health Officer (Inspector) of the Borough of Parkside.
The Fire Marshal of the Borough of Parkside.
The Assistant Fire Marshal of the Borough of Parkside.
Any building, building structure, temporary building or temporary
building structure in which any portion of the building, building
structure, temporary building or temporary building structure is wholly
or partly used for any enterprise, mercantile transaction, occupation
or endeavor.
A building structure, including temporary housing, which
is wholly or partly used or intended to be used for living or sleeping
by human occupants, including single-room units and multiroom units.
Any building, building structure, temporary building or temporary
building structure, including but not limited to temporary housing,
which is wholly or partly used or intended to be used for living or
sleeping by a human occupant or human occupants, including single-room
dwelling units and multiroom dwelling units.
The Electrical Code of the Borough of Parkside and all rules
and regulations thereunder.
The control and elimination of insects, rodents or other
pests by spraying, poisoning, fumigating, trapping or any other legal
and recognized method or methods.
Any group of dwelling units any one of which qualifies as
an individual dwelling unit. A property may consist of one or more
than one dwelling unit or a combination of business unit(s) and dwelling
unit(s).
Any group of rooms forming a single habitable unit used or
intended to be used for living and sleeping as well as for cooking
and eating purposes.
The part of a window which is available for unobstructed
ventilation and which opens directly to the outdoors.
Any person, firm, corporation, association, partnership or
other legal entity which, alone, jointly or severally with others,
holds legal or equitable title to any building within the Borough
of Parkside.
Any individual or group of individuals, firm, corporation,
association, partnership or other legal entity.
The Plumbing Code of the Borough of Parkside and all rules
and regulations thereunder.
A dwelling, dwelling unit or building offered for possession
or occupancy by a person or other legal entity who is not the legal
owner of record thereof.
The possession or occupancy of a rental unit by a person
or other legal entity regardless of the existence of a written lease
or the payment of money or goods for the occupancy.
Any room forming a single habitable unit used or intended
to be used for living and sleeping, but not for cooking or eating
purposes.
Structurally unsafe or unsound, unstable, unsanitary, lacking
proper exits, constituting a fire or health hazard, improper or unsuitable
use or proposed use or constituting a hazard to public health, safety
or morals, or otherwise dangerous to life or property.
A.
Each and every time a business or dwelling unit, including a single-room
dwelling unit or a multiroom dwelling unit, is leased, the owner and/or
executor, administrator, guardian or representative of a deceased
or incompetent owner and/or president of any corporation which is
the owner and/or all joint owners shall apply for and obtain, by not
later than 72 hours prior to occupancy, an occupancy certificate from
the Building Inspector of the Borough of Parkside. The application
for an occupancy certificate may be made by an agent of the person
or persons whose responsibility it is to obtain the occupancy certificate.
B.
Certificate required for owners. No person, firm or corporation owning,
managing, conducting or operating a dwelling or dwelling unit shall
rent, lease or let out or permit it to be occupied or shall re-rent
the same without first obtaining from the Building Inspector a certificate
of occupancy.
C.
Renewal. A tenant registration/safety inspection for rental properties
must be renewed on an annual basis. Renewal applications shall be
forwarded to all property owners on or before January 31. The owner
shall be required to file the completed application for tenant registration/safety
inspection and tender payment for the inspection fee to the Borough
on or before April 30 of each year. All inspections shall then be
scheduled and completed on or before August 30 of each year. A tenant
registration/safety inspection is revocable for any violation of this
subsection.
[Amended 2-28-2007 by Ord. No. 477; 10-25-2017 by Ord. No. 545]
D.
Certificate required for new buildings. No person building a dwelling
unit shall hereafter occupy the same or permit it to be occupied without
first obtaining a certificate of occupancy from the Building Inspector.
If a dwelling or dwelling unit is a new construction and the person,
firm or corporation having constructed the same has obtained a certificate
of occupancy within a period of one year therefor, said certificate
of occupancy shall extend for the balance of its term to cover the
person owning or occupying the dwelling or dwelling unit.
E.
Certificate required for reoccupation of building abandoned/evacuated
due to fire. No person, firm, partnership, corporation or anyone shall
reoccupy, use or maintain any dwelling in the Borough of Parkside
ordered to be abandoned by and/or evacuated by the Borough Fire Marshal
without first obtaining a certificate of occupancy from the Borough
of Parkside.
F.
Application requirements.
(1)
Any person, firm, partnership, corporation or anyone who shall propose
to hereinafter occupy, use or maintain any building, before doing
so, shall obtain a certificate of occupancy from the Borough of Parkside.
(2)
Applications for a certificate of occupancy shall be presented to
the Secretary of the Borough of Parkside on a form to be provided
by the Borough of Parkside.
(3)
An applicant for a certificate of occupancy shall inform the renter
or lessee of said property of the result of the inspection prior to
the lease or rental. The Borough shall have five working days after
the actual physical inspection is complete to issue a written report
of the reason(s) why the property has been denied a certificate of
occupancy.
(4)
Should an inspection result in the denial of a certificate of occupancy,
the lease or rental may still take place; however, no one shall occupy
the premises until another inspection by the Building Inspector is
made and a certificate of occupancy is issued.
(5)
In the event that the lessor or tenants of the lessor are occupying
the premises when a certificate of occupancy is denied, depending
on the particular defective condition and in the sole discretion of
the Building Inspector, the lessor or tenants of the lessor may remain
in the property for a reasonable amount of time, but in no event shall
it exceed 90 days.
(6)
In the event that the lessor or tenants of the lessor are occupying
the premises and a certificate of occupancy has not been requested
by the owner of the property, all certificate of occupancy and inspection/reinspection
fees shall be doubled, due to the additional time required to inspect
an occupied dwelling.
(7)
It shall be a violation of this chapter to occupy a property or a
new addition to an existing property for which no certificate of occupancy
has been issued. Both the owner of the property and the occupier of
the property shall be deemed in violation.
(8)
No certificate of occupancy under this chapter shall issue to any
person, firm, or corporation seeking to lease a business property
or dwelling unit, including a single-room dwelling unit or a multiroom
dwelling unit, unless and until all municipal property taxes, sewer
and trash charges, and any other municipal assessments, are paid on
a current basis. Any person seeking a certificate of occupancy under
this subsection shall, at the time of application or renewal thereof,
provide proof of current payment on all such taxes, charges, and assessments.
[Added 4-25-2007 by Ord.
No. 478]
No occupancy certificate shall be issued for any dwelling unit,
single-room unit or multiroom dwelling unit unless the following minimal
standards are met:
A.
Single-room dwelling units.
(1)
Compliance with the Building Code of the Borough of Parkside shall
be required.
(2)
Compliance with the Plumbing Code of the Borough of Parkside shall
be required.
(3)
Compliance with the Electrical Code of the Borough of Parkside shall
be required.
(4)
Compliance with all other applicable codes of the Borough of Parkside
and the laws of the Commonwealth of Pennsylvania shall be required.
(5)
Use of a private room containing a flush toilet and hot and cold
water supplied to a wash basin, tub and/or shower shall be required.
This room shall have a lockable door and either an openable window
with a screen of not less than two square feet in area and/or an exhaust
fan to remove odors.
(6)
A heating system in good working order with a working thermostat
to control the temperature shall be required.
(7)
All windows designed to be opened shall be easily openable and capable
of being held in an open position by window hardware and be fitted
with a working lock and a tight-fitting screen. All glazing material
shall be free of holes and cracks.
(8)
All interior walls are to be free from peeling paint or wallpaper.
Other wallcovering, such as paneling, must be tightly fixed to the
wall surface.
(9)
All units must be maintained, at the owner's expense, free from infestations
of rodents, insects, bugs, termites, vermin, wild animals and birds,
and other pests in all areas of the property, including the basement
and the attic and all interior spaces and the immediate surrounding
exterior of the building and outbuildings.
(10)
The building must not be in an unsafe condition. All trip hazards
must be removed. Interior and exterior stairways with three or more
risers must have a sturdy handrail.
(11)
An Underwriters' Laboratories approved fire and/or smoke detector
must be operable in each dwelling unit at the following locations:
one detector at each level of the building, including the basement
and an attic having a fixed stairway and a floor; one detector must
be located within five feet of the main heating appliance for the
dwelling unit.
(12)
One trash can of at least 28 gallons' capacity, with a tight-fitting
waterproof lid, is to be supplied and maintained, at the owner's expense,
to each dwelling unit. If such trash can and/or lid is lost or damaged,
it is the owner's responsibility to immediately replace the item.
(13)
Any portion of a building, structure, property or unit used
for business or commercial purposes shall have, at the time of inspection
and during business hours, a working UL-approved smoke and/or fire
detector and a fire extinguisher approved by the Fire Marshal as being
suitable for the type of business being conducted within the unit.
B.
Multiroom dwelling units.
(2)
A kitchen containing a sink and stove shall be required. Such kitchen
must also contain an easily openable window with a tight-fitting screen
of not less than three square feet in size and/or an adequate exhaust
fan.
(3)
A source of pure water, both hot and cold, must be supplied to all
fixtures, except no hot water need be supplied to the flush toilet
fixture.
Each and every owner of any property located within the Borough
of Parkside shall, prior to the transfer of ownership of said property,
obtain from the Building Inspector a certificate of fitness. In addition
to the owner of such property, the responsibility to obtain a certificate
of fitness prior to the transfer of ownership shall also be upon any
and all real estate agents involved in the sale, whether such agent
shall represent the seller or the buyer. This certificate of fitness
shall indicate that the property meets the following minimal standards:
A.
All buildings located in the Business District shall meet the following
minimal standards for that portion of the building used for purposes
permitted in the Business District:
(1)
Compliance with the Building Code of the Borough of Parkside shall
be required.
(2)
Compliance with the Plumbing Code of the Borough of Parkside shall
be required.
(3)
Compliance with the Electrical Code of the Borough of Parkside shall
be required.
(4)
Compliance with all other applicable codes of the Borough of Parkside
and the laws of the Commonwealth of Pennsylvania shall be required.
(5)
An Underwriters Laboratories approved fire and/or smoke detector
must be in operating condition at the time of the issuance of a certificate
of fitness at the following locations: one detector at each level
of the building, including the basement and any attic having a fixed
stairway and a floor; one detector must be located within five feet
of the main heating appliance. Properties with a main heating unit
in the basement shall have an electrical main disconnect switch for
the main heating unit located at the top of the basement stairway
at a height between 48 inches and 60 inches above the ambient floor.
The switch will be located so as not to be obscured by an open door
if any. The switchplate cover is to be bright red.
(6)
There shall be a private room containing a flush toilet and a wash
basin supplied with hot and cold running water. Such room shall have
a lockable door and either an easily openable window of not less than
two square feet in area and/or an exhaust fan capable of removing
odors.
(7)
All windows designed to be opened shall be easily openable and capable
of being held in open position by window hardware without the aid
of unattached items such as sticks, pipes, nails, etc. Windows will
be fitted with a working lock and a tight-fitting screen. All glazing
materials must be free of holes, cracks and voids.
(8)
All units must be free from infestations of rodents, insects, bugs,
termites, vermin, wild animals and birds, and other pests in all areas
of the property, including the basement and attic and all interior
spaces and the immediate surrounding exterior of the building and
out-buildings.
(9)
There shall be no obviously unsafe conditions, trip hazards or fire
hazards. Where conditions warrant after initial inspection and evaluation
of the property, the Borough may require, at no expense to the Borough,
a specialized inspection and/or report from a licensed engineer, also,
where conditions warrant after initial inspection and evaluation,
the Borough may require, at no expense to the Borough, certifications
from skilled mechanics licensed by the Borough in such areas as: extermination,
chimney, roofing, heating, mechanical equipment and operation, and
other trades as to the soundness, safety, structural integrity and
proper operation of various aspects and components of the property
being inspected.
(10)
All exterior curbs, sidewalks, steps, walkways, driveways, parking
spaces and similar areas shall be in a proper state of repair and
free from hazardous conditions. Public sidewalks will be of concrete
material only.
(11)
All exterior wood and metal surfaces, including but not limited
to walls, windows, window frames, doors, door frames, cornices, porches,
outbuildings, handrails, guardrails, steps, stairs, landings and trim
work shall be in good condition and free from rot, decay and deterioration,
peeling and/or flaking. Chipped and deteriorated paint shall be eliminated
and the surfaces repainted or weatherized. All interior walls shall
be of suitable appearance.
(12)
Street numbers of properties, houses, businesses, etc. will
be displayed in a position easily observed and readable from the center
of the public right-of-way, minimum height of the number to be three
inches with a minimum stroke of 3/8 of an inch.
(13)
Trees, bushes and plants in the public right-of-way of a property
shall be removed if found to be dead or dying in the opinion of a
tree surgeon or nursery person licensed to do business in the Borough.
(14)
Unpaved portions of the public right-of-way of a property (such
as grass strips between concrete sidewalk and curb, etc.) shall have
no trip hazards, depressions, voids, or holes; stumps from vegetation
previously removed shall not project above the surrounding average
elevation.
(15)
A heating system in good working order with a working thermostat
to regulate the ambient temperature shall be required in each business
and/or dwelling unit.
(16)
When a mutually agreeable time for an inspection, reinspection,
or a final inspection has been agreed upon by the parties or their
agents and a party other than the Borough of Parkside cancels the
inspection on less than 18 hours' notice or a party, other than the
Borough of Parkside, fails to appear at the agreed time and/or site
(with a grace period of 30 minutes), the Borough of Parkside shall
be due a reinspection fee for each Inspector who appears at the proper
time and/or site.
(17)
During an inspection of a property, dwelling or unit, all areas,
attics, basements, crawl spaces, roofs, rooms, dwelling units, storage
rooms, closets, mechanical equipment rooms and areas, garages and
outbuildings must be freely open and accessible to the Borough Inspector(s).
Any area not open and accessible must be made so at a later inspection,
reinspection and/or final inspection.
(18)
If the utilities in a property are not turned on at the time
of the initial inspection and evaluation, the Borough of Parkside,
at its sole discretion and at no cost to the Borough, may require
a temporary turn-on of utilities for the purpose of inspection and/or
reinspection.
(19)
Any property or buildings in the process of being inspected
for a certificate of fitness that has occupied businesses or dwelling
units which are required by this chapter to obtain a certificate of
occupancy prior to being occupied must produce such certificate(s)
of occupancy to the Borough of Parkside or obtain them prior to a
certificate of fitness being issued by the Borough.
B.
All buildings located in the Business Zone which are used for dwelling
purposes and those portions of buildings used for business purposes
which also have one or more dwelling units located in the same building
shall, in the dwelling portion, meet the following minimal standards.
These standards shall also be met by all other dwellings in all other
zones within the Borough of Parkside.
(2)
A bathtub and/or shower shall be available in a private room and shall be properly supplied with hot and cold running water. This room may not be the same room required in § 119-5A(6).
(3)
All exterior and interior stairways containing three or more risers
will have an approved handrail able to withstand a force of 200 pounds
from any direction.
(4)
A kitchen containing a sink and stove shall be required. Such kitchen
must also contain an openable window of not less than three square
feet in size or an adequate exhaust fan.
(5)
A source of pure water, both hot and cold, must be supplied to all
plumbing fixtures, except the flush toilet.
(6)
The property must comply with the International Property Maintenance
Code, 2018 Edition.
[Amended 9-21-2022 by Ord. No. 570]
C.
An applicant for a certificate of fitness shall inform the buyer
or transferee of said property of the result of the inspection, prior
to the sale or transfer.
D.
In the event that the inspection of a property results in a denial
of a certificate of fitness, the Borough of Parkside will have five
working days from the actual physical inspection to prepare a written
report listing the reason(s) for the denial of the certificate. The
sale or transfer may still take place if:
(1)
The seller of the property escrows with the Borough of Parkside,
at the time of settlement, an amount of money which, in the judgment
of the Building Inspector, is sufficient to pay the cost of the required
repairs. The form of the escrow agreement shall give the Borough of
Parkside the authority to complete the repairs, deducting the sum
needed from the escrow account if the owner has not completed the
repairs within six months of settlement. The Borough of Parkside shall
be entitled to impose a reasonable administrative fee for the preparation
of the escrow agreement and the establishment of the escrow account.
(2)
The buyer of the property signs a written agreement providing that
no one will occupy the property until the required repairs have been
completed to the satisfaction of the Building Inspector. The Building
Inspector shall have the right to inspect the property at all times
until a certificate of fitness is provided to ensure that the property
is not being occupied. Neither a certificate of fitness nor a conditional
certificate of fitness will be issued upon such a transfer. The Borough
Building Inspector shall have the right to place and maintain a sign
upon the property notifying all persons that the property is not fit
for occupancy and shall not be occupied until a certificate of fitness
is issued.
(3)
The buyer and/or seller of the property provides a bond, acceptable
to the Borough, issued by a reputable bonding company doing business
within Delaware County, Pennsylvania, or issues a letter of credit,
acceptable to the Borough, by a bank licensed and doing business within
Delaware County, Pennsylvania, prior to the date of settlement, in
an amount of money which, in the judgment of the Building Inspector,
is sufficient to pay the costs of the required repairs. The bond and/or
letter of credit shall provide the Borough of Parkside with authority
to complete the repairs if the buyer/seller has not completed the
repairs within six months of settlement. The bonding company and/or
the bank shall immediately pay the cost of the repairs to the Borough
upon demand.
E.
In the event that the buyer is occupying the premises and a certificate
of fitness has not been requested by the seller of the property, all
certificate of fitness and inspection/reinspection fees shall be doubled,
due to the additional time required to inspect an occupied dwelling.
A.
Prior to issuing a use and occupancy certificate, the Building, Plumbing/Mechanical,
and Electrical Inspectors shall inspect the dwelling unit to determine
whether or not it complies with the requirements set forth in this
chapter. A use and occupancy certificate fee for the transfer of ownership
of a property shall be $120 for an unoccupied unit and $200 for an
occupied unit. All units requiring a reinspection shall be charged
an additional fee of $75. All fees shall be paid over to the Borough
of Parkside. Checks should be made payable to "Borough of Parkside."
The Code Official(s) will receive as compensation for each inspection
made $30 and for each reinspection made $25. The remainder of the
fees collected to be retained by the Borough of Parkside.
[Amended 1-25-2006 by Ord. No. 468; 12-17-2014 by Ord. No. 515; 12-21-2016 by Ord. No. 533; 12-21-2016 by Ord. No. 538; 10-25-2017 by Ord. No. 545]
(1)
Annual rental license and safety inspection fee for leased property.
B.
Prior to issuing a certificate of fitness, an inspection of the building or unit will be made to determine whether or not it complies with the requirements as set forth in this chapter. The inspection will be conducted by the Building Inspector, the Plumbing and Heating Inspector and the Electrical Inspector. If any inspector is unavailable to make an inspection, he may be replaced for that inspection only by the Chairman of the Licenses and Inspections Committee of the Parkside Borough Council or by any person or persons authorized to make occupancy inspections as defined in this chapter under § 119-2, the definition of "Building Inspector." When the property, building or unit meets the requirements, a UCC certificate of fitness for the sale of property shall be issued for a fee of $120. Each reinspection required shall be performed for a fee of $40 per inspector. All fees shall be paid over to the Borough of Parkside prior to the inspection being made, checks payable to "Borough of Parkside." The Inspectors will receive as compensation for each inspection made $30 and for each reinspection made $25. The remainder of the fees collected to be retained by the Borough of Parkside.
[Amended 1-25-2006 by Ord. No. 468; 12-17-2014 by Ord. No. 515; 12-21-2016 by Ord. No. 538; 10-25-2017 by Ord. No. 545]
C.
A property that is sold may have more than a single use. When this occurs, an additional inspection fee of $80 shall be paid for each office, store, business, apartment, dwelling unit, etc., due to the additional time and work required to perform the inspection. In this situation, only one certificate of fitness is required to be issued for the property as a whole. The collection and dispersal of fees under this section will be the same as directed by Subsection B above.
D.
Any person or persons authorized to make occupancy inspections, as defined in this chapter under § 119-2, the definition of "Building Inspector," shall enjoy all the privileges, rights and immunities which would pertain to the Building Inspector of the Borough of Parkside.
E.
The Council of the Borough of Parkside may, from time to time, revise
the aforementioned fee schedule by resolution.
F.
The fees for all plumbing, mechanical, electrical, construction,
demolition and building permits for a commercial property shall be
double the costs as calculated in the above fee schedules for a residential
property. However, all properties that abut Edgmont Avenue in the
Borough's C-1 Commercial District and whose use provides for retail,
service and other commercial establishments provided for in the C-1
Zoning District, shall for a period of one year hereof be charged
a fee for all mechanical, electrical, construction, demolition and
building permits equal to that as calculated in the fee schedule for
a residential property.
[Added 12-17-2014 by Ord.
No. 515; amended 12-21-2016 by Ord. No. 538; 10-25-2017 by Ord. No. 544]
[Amended 8-25-2004 by Ord. No. 440; 10-25-2017 by Ord. No. 545]
A.
Every person owning any property within the Borough of Parkside which is rented, in whole or in part, to one or more persons for residential purposes shall certify to the Borough Secretary a list of all lessees and tenants 18 years of age and older no later than August 30 or within 10 days of changing tenants regardless of the date of the change. Any building owner, landlords, etc., shall notify the Borough of Parkside Code Enforcement Department any time any apartment, single-family dwelling or commercial property goes vacant due to loss of tenant no later than 10 days from the time that the tenant has vacated the apartment, single-family dwelling or commercial property. In this section, the term "single-family dwelling" shall include twin dwellings. Occupancy of a residential living unit without a Parkside occupancy certificate being issued is a violation of this chapter and subject to the penalties listed in § 119-8.
B.
The Borough Secretary shall be provided with the following tenant
information:
(1)
The name or names of all persons to occupy such property.
(2)
The apartment or dwelling unit number.
(3)
The street address (mailing address) of the apartment or dwelling
unit.
(4)
The period of time for which the rental is made.
(5)
The date of issue of the occupancy certificate or the occupancy certificate
serial number for the current occupancy.
[Added 8-25-2004 by Ord.
No. 440]
C.
The Borough Secretary shall be provided with the following landlord
information:
(1)
The name or names of the landlord.
(2)
The mailing address of the landlord.
(3)
The phone number of the landlord, including an emergency telephone
number.
(4)
An alternate person to contact (including telephone number) if the
landlord is unavailable.
(5)
A list of all properties owned in the Borough of Parkside.
D.
Any person owning any property within the Borough of Parkside which is rented to one or more persons for residential purposes who willfully or negligently fails to submit tenant lists as required by Subsection A above shall be liable for, in addition to other penalties herein provided, such sums as would have been collected by the Borough for earned income tax purposes if such tenant list had been provided, less any sums actually received from such tenants for the fiscal year for which the list was not provided.
Any person, including any owner, violating any provisions of
this chapter shall, upon conviction before a District Justice, be
fined not less than $300 nor more than $1,000 for each violation,
plus costs of prosecution, and in default thereof, shall be committed
to the county prison for a period not exceeding 15 days. Each day
that this chapter is violated shall be a new and separate offense.
