A.
Title. These regulations shall be known as the Property Maintenance
Code of Darlington Township, hereinafter referred to as "this code."
B.
Scope. The provisions of this code shall apply to all existing residential
and nonresidential structures and all existing premises and constitute
minimum requirements and standards for premises, structures, equipment,
and facilities for light, ventilation, space, heating, sanitation,
protection from the elements, life safety, safety from fire and other
hazards, and for safe and sanitary maintenance; the responsibility
of owners, operators and occupants; the occupancy of existing structures
and premises, and for administration, enforcement and penalties.
C.
Intent. This code shall be construed to secure its expressed intent,
which is to ensure public health, safety and welfare insofar as they
are affected by the continued occupancy and maintenance of structures
and premises. Existing structures and premises that do not comply
with these provisions shall be altered or repaired to provide a minimum
level of health and safety as required herein.
D.
Severability. If a section, subsection, sentence, clause or phrase
of this code is, for any reason, held to be unconstitutional, such
decision shall not affect the validity of the remaining portions of
this code.
A.
General. The provisions of this code shall apply to all matters affecting or relating to structures and premises, as set forth in § 113-1. Where, in a specific case, different sections of this code specify different requirements, the most restrictive shall govern.
B.
Maintenance. Equipment, systems, devises and safeguards required
by this code or a previous regulation or code under which the structure
or premises was constructed, altered or repaired shall be maintained
in good working order. The requirements of this code are not intended
to provide the basis for removal or abrogation of fire protection
and safety systems and designated agent shall be responsible for the
maintenance of buildings, structures and premises.
C.
Application of other codes. Repairs, additions or alterations to
a structure, or changes of occupancy, shall be done in accordance
with the procedures and provisions of the building, plumbing and mechanical
codes and NFPA 70. Nothing in this code shall be construed to cancel,
modify or set aside any provision of the zoning code.
D.
Existing remedies. The provisions of this code shall not be construed
to abolish or impair existing remedies of the jurisdiction or its
officers or agencies relating to the removal or demolition of any
structure which is dangerous, unsafe and unsanitary.
E.
Workmanship. Repairs, maintenance work, alterations or installations
which are caused directly or indirectly by the enforcement of this
code shall be executed and installed in a workmanlike manner.
F.
Historic buildings. The provisions of this code shall not be mandatory
for existing buildings or structures designated by the state or local
jurisdiction as historic buildings when such buildings or structures
are judged by the Code Official to be safe and in the public interest
of health, safety and welfare.
G.
Referenced codes and standards. Where differences occur between provisions
of this code and referenced standards, the provisions of this code
shall apply.
H.
Requirements not covered by code. Requirements necessary for the
strength, stability or proper operation of an existing structure or
equipment, or for the public safety, health and general welfare, not
specifically covered by this code, shall be determined by the Code
Enforcement Officer and the Supervisors.
A.
General. The Department of Property Maintenance Inspection is herby
created and the executive official in charge thereof shall be known
as the Code Official.
B.
Appointment. The Code Official shall be appointed by the chief appointing
authority of the jurisdiction, and the Code Official may be removed
from office for cause or without cause.
C.
Deputies. In accordance with the prescribed procedures of this jurisdiction
and with the concurrence of the appointing authority, the Code Official
shall have the authority to appoint a Deputy Code Official, other
related technical officers, inspectors and other employees.
D.
Restriction of employees. An official employee connected with the enforcement of this code, except one whose only connection is that of a member of the Board of Appeals established under the provisions of § 113-11, shall not be engaged in, or directly or indirectly connected with the furnishing of labor, materials or appliances for the construction, alteration or maintenance of a building, nor shall such officer or employee engage in any work that conflicts with official duties or with the interests of the Department.
E.
Liability.
(1)
The Code Official Officer or employee charged with the enforcement
of this code while acting for the jurisdiction shall not thereby be
rendered liable personally, and is hereby relieved from all personal
liability for any damage accruing to persons or property as a result
of an act required or permitted in the discharge of official duties.
(2)
Any suit instituted against any officer or employee because of an
act performed by that officer or employee in the lawful discharge
of duties and under the provisions of this code shall be defended
by the legal representative of the jurisdiction until the final termination
of the proceedings. The Code Official or any subordinate shall not
be liable for costs in an action, suit or proceedings that is instituted
in pursuance of the provisions of this code; and any officer of the
Department of Property Maintenance Inspection acting in good faith
and without malice shall be free from liability for acts performed
under any of its provisions or by reason of any act or omission in
the performance of official duties in connection therewith.
A.
General. The Code Official shall enforce the provisions of this code.
B.
Rule-making authority. The Code Official, with the concurrence of
the Supervisors, shall have authority as necessary in the interest
of public health, safety and general welfare to adopt and promulgate
rules and procedures; to interpret and implement the provisions of
this code; to secure the intent thereof; and to designate requirements
applicable because of local climatic or other conditions. Such rules
shall not have the effect of waiving structural or fire performance
requirements specifically provided for in this code, or of violating
accepted engineering methods involving public safety.
C.
Inspections. The Code Official shall make all of the required inspections,
or shall accept reports of inspection by approved agencies or individuals.
All reports of such inspections shall be in writing and be certified
by a responsible officer of such approved agency or by the responsible
individual. The Code Official is authorized to engage such expert
opinion as deemed necessary to report upon unusual technical issues
that arise, subject to the approval of the appointing authority.
D.
Right of entry. The Code Official is authorized to enter the structure
or premises at reasonable times to inspect subject to constitutional
restrictions on unreasonable searches and seizures. If entry is refused
or not obtained, the Code Official is authorized to pursue recourse
as provided by law.
E.
Identification. The Code Official shall carry proper identification
when inspecting structures or premises in the performance of duties
under this code.
F.
Notices and orders. The Code Official shall issue all necessary notices
or orders to ensure compliance with this code.
G.
Department records. The Code Official shall keep official records
of all business and activities of the department specified in the
provisions of this code. Such records shall be retained in the official
records as long as the building or structure to which such records
relate remains in existence unless otherwise provided for by other
regulations.
H.
Coordination of inspections. Whenever in the enforcement of this
code or another code or ordinance, the responsibility of more than
one Code Official of the jurisdiction is involved, it shall be the
duty of the Code Officials involved to coordinate their inspections
and administrative orders as fully as practicable so that the owners
and occupants of the structure shall not be subjected to visits by
numerous inspectors or multiple or conflicting orders. Whenever an
inspector from any agency or department observes an apparent or actual
violation of some provision of some law, ordinance or code not within
the inspector's authority to enforce, the inspector shall report
the findings to the Code Official having jurisdiction.
A.
Modification. Whenever there are practical difficulties involved
in carrying out the provisions of this code, the Code Official, with
the concurrence of the Council, shall first find that special individual
reason makes the strict letter of this code impractical and the modification
is in compliance with the intent and purpose of this code and that
such modification does not lessen health, life and fire safety requirements.
The details of action granting modifications shall be recorded and
entered in the department files.
B.
Alternative materials, methods and equipment. The provisions of this
code are not intended to prevent the installation of any material
or to prohibit any method of construction not specifically prescribed
by this code, provided that any such alternative has been approved.
An alternative material or method of construction shall be approved
where the Code Official finds that the proposed design is satisfactory
and complies with the intent of the provisions of this code, and that
the material, method or work offered is, for the purpose intended,
at least the equivalent of that prescribed in this code in quality,
strength, effectiveness, fire resistance, durability and safety.
C.
Material and equipment reuse. Materials, equipment and devices may
not be reused unless such elements have been reconditioned and tested
when necessary, placed in good and proper working condition and approved.
A.
Unlawful acts. It shall be unlawful for a person, firm or corporation
to be in conflict with or in violation of any of the provisions of
this code.
B.
Notice of violation. The Code Official shall serve a notice of violation or order in accordance with § 113-7.
C.
Prosecution of violation. If the notice of violation is not complied
with, the Code Official shall institute the appropriate proceeding
at law or in equity to restrain, correct or abate such violation,
or to require the removal or termination of the unlawful occupancy
of the structure in violation of the provisions of this code or of
the order or direction made pursuant thereto.
D.
Violation penalties. Any person who shall violate a provision of
this code, or fail to comply therewith, or with any of the requirements
thereof shall be prosecuted within the limits of a summary offense
which is no more than a $300 fine and/or imprisonment of 90 days.
Each day that a violation continues after due notice has been served
shall be deemed a separate offense.
E.
Abatement of violation. The imposition of the penalties herein prescribed
shall not prelude the legal officer of the jurisdiction from instituting
appropriate action to restrain, correct or abate a violation, or to
prevent illegal occupancy of a building, structure or premises, or
to stop an illegal act, conduct, business or utilization of the building,
structure or premises.
A.
Notice to owner or to person or persons responsible. Whenever the Code Official determines that there has been a violation of this code or has grounds to believe that a violation has occurred, notice shall be given to the owner or the person or persons responsible therefore in manner prescribed in § 113-7B and C. Notices for condemnation procedures shall also comply with § 113-8C.
B.
Form. Such notice prescribed in Subsection A shall:
(1)
Be in writing;
(2)
Include a description of the real estate sufficient for identification:
(3)
Include a statement of the violation or violations and why the notice
is being issued:
(4)
Include a correction order allowing a reasonable time to make the
repairs and improvements required to bring the dwelling unit or structure
into compliance with the provisions of this code; and
(5)
Inform the property owner of the right to appeal.
C.
Method of service. Such notice shall be deemed to be properly served
if a copy of thereof is:
D.
Penalties. Penalties for noncompliance with orders and notices shall be as set forth in § 113-6D.
E.
Transfer of ownership. It shall be unlawful for the owner of any
dwelling unit or structure who has received a compliance order or
upon whom a notice of violation has been served to sell, transfer,
mortgage, lease or otherwise dispose of to another until the provisions
of the compliance order or notice of violation have been complied
with, or until such owner shall first furnish the grantee, transferee,
mortgagee or lessee a true copy of any compliance order or notice
of violation issued by the Code Official and shall furnish to the
Code Official a signed and notarized statement from the grantee, transferee,
mortgagee or lessee, acknowledging the receipt of such compliance
order or notice of violation and fully accepting the responsibility
without condition for making the corrections or repairs required by
such compliance order or notice of violation.
A.
General. When a structure or equipment is found by the Code Official
to be unsafe, or when a structure is found unfit for human occupancy,
or is found unlawful, such structure shall be condemned pursuant to
the provisions of this code.
(1)
Unsafe structures. An unsafe structure is one that is found to be
dangerous to the life, health, property or safety of the public or
the occupants of the structure by not providing minimum safeguards
to protect or warn occupants in the event of fire, or because such
structure contains unsafe equipment or is so damaged, decayed, dilapidated,
structurally unsafe, or of such faulty construction or unstable foundation
that partial or complete collapse is possible.
(2)
Unsafe equipment. Unsafe equipment includes any boiler, heating equipment,
elevator, moving stairway, electrical wiring or device, flammable
liquid containers or other equipment on the premises or within the
structure which is in such disrepair or condition that such equipment
is hazard to life, health, property or safety of the public or occupants
of the premises of structure.
(3)
Structure unfit for human occupancy. A structure is unfit for human
occupancy whenever the Code Official with the concurrence of Council
finds that such structure is unsafe, unlawful or, because of the degree
to which the structure is in disrepair or lacks maintenance, is unsanitary,
vermin or rat infested, contains filth and contamination or lacks
ventilation, illumination, sanitary or heating facilities or other
essential equipment required by this code, or because the location
of the structure constitutes a hazard to the occupants of the structure
or to the public.
(4)
Unlawful structure. An unlawful structure is one found in whole or
in part to be occupied by more persons than permitted under this code,
or was erected, altered or occupied contrary to law.
B.
Closing of vacant structures. If the structure is vacant and unfit
for human habitation and occupancy, and is not in danger of structural
collapse, the Code Official may be authorized by the Council to post
a placard of condemnation on the premises and order the structure
closed up so as not to be an attractive nuisance. Upon failure of
the owner to close up the premises within the time specified in the
order, the Code Official shall cause the premises to be closed through
any available public agency or by contract or arrangement by private
persons and the cost thereof shall be charged against the real estate
upon which the structure is located and shall be a lien upon such
real estate.
C.
Notice. Whenever the Code Official has condemned a structure or equipment under the provisions of this section, notice shall be posted in conspicuous place in or above the structure affected by such notice and served on the owner or the person or persons responsible for the structure or equipment in accordance with § 113-7C. If the notice pertains to equipment, it shall also be placed on the condemned equipment. The notice shall be in the form prescribed in § 113-7B.
D.
Placarding. Upon failure of the owner or person responsible to comply
with the notice provisions within the time given, the Code Official
shall post on the premises or on defective equipment a placard bearing
the word "condemned" and a statement of the penalties provided for
occupying the premises, operating the equipment or removing the placard.
E.
Prohibited occupancy. Any person who shall occupy a placarded premises
or shall operate placarded equipment, and any owner or any person
responsible for the premises who shall let anyone occupy a placarded
premises or operate placarded equipment, shall be liable for the penalties
provided by this code.
F.
Removal of placard. The Code Official shall remove the condemnation
placard whenever the defect or defects upon which the condemnation
and placarding action were based have been eliminated. Any person
who defaces or removes a condemnation placard without the approval
of the Code Official shall be subject to the penalties provided by
this code.
A.
Imminent danger. When, in the opinion of the Code Official and with
the Supervisors consent, there is imminent danger of failure or collapse
of a building or structure which endangers life, or when any structure
or part of a structure has fallen and life is endangered by the occupation
of the structure, or when there is actual or potential danger to the
building occupants or those in the proximity of any structure because
of explosives, explosive fumes or vapors or the presence of toxic
fumes, gases or material, or operation of defective or dangerous equipment,
the Code Official is herby authorized and empowered to order and require
the occupants to vacate the premises forthwith. The Code Official
shall cause to be posted at each entrance to such structure a notice
reading as follows: "This Structure Is Unsafe and Its Occupancy Has
Prohibited by the Code Official." It shall be unlawful for any person
to enter such structure except for the purpose of securing the structure,
making the required repairs, removing the hazardous condition or of
demolishing the same.
B.
Temporary safeguards. Notwithstanding other provisions of this code,
whenever, in the opinion of the Code Official and with the Supervisors
consent, there is imminent danger due to an unsafe condition, the
Code Official shall order the necessary work to be done, including
the boarding-up of openings, to render such structure temporarily
safe whether or not the legal procedure herein described has been
instituted; and shall cause such other action to be taken as the Code
Official deems necessary to meet such emergency.
C.
Emergency repairs. For the purpose of this section, the Code Official
shall employ the necessary labor and materials to perform the required
work as expeditiously as possible.
D.
Cost of emergency repairs. Costs incurred in the performance of emergency
of emergency work shall be paid by the jurisdiction. The legal counsel
of the jurisdiction shall institute appropriate action against the
owner of the premises where the unsafe structure is or was located
for the recovery of such costs.
E.
Hearing. Any person ordered to take emergency measures shall comply
with such order forthwith. Any affected person shall thereafter, upon
petition directed to the Appeals Board, be afforded a hearing as described
in this code.
A.
General. The Code Official with the concurrence of the Supervisors
shall order the owner of any premises upon which is located any structure,
which in the Code Official's judgment is so old, dilapidated
or has become so out of repair as to be dangerous, unsafe, unsanitary
or otherwise unfit for human habitation or occupancy, and such that
it is unreasonable to repair the structure, to demolish and remove
such structure; or if such structure is capable of being made safe
by repairs to repair and make safe and sanitary or to demolish and
remove at the owner's option; or where there has been a cessation
of normal construction of any structure for a period of more than
two years, to demolish and remove such structure.
C.
Failure to comply. If the owner of a premises fails to comply with
a demolition order within the time prescribed, the Code Official shall
cause the structure to be demolished and removed, either through an
available public agency or by contract or arrangement with private
persons, and the cost of such demolition and removal shall be charged
against the real estate upon which the structure is located and shall
be a lien upon such real estate.
D.
Salvage materials. When any structure has been ordered demolished
and removed, the governing body or other designated officer under
said contract or arrangement aforesaid shall have the right to sell
the salvage and valuable materials at the highest price obtainable.
The net proceeds of such sale, after deducting the expenses of such
demolition and removal, shall be promptly remitted with a report of
such sale or transaction, including the items or expense and the amounts
deducted, for the person who is entitled thereto, subject to any order
of a court. If such a surplus does not remain to be turned over, the
report shall so state.
A.
Application for appeal. Any person directly affected by a decision
of the Code Official or a notice or order issued under this code shall
have the right to appeal to the Board of Appeals provided that a written
application for appeal is filed within 20 days after the day the decision,
notice or order was served. An application for appeal shall be passed
on a claim that the true intent of this code or the rules legally
adopted thereunder have been incorrectly interpreted, the provisions
of this code do not fully apply, or the requirements of this code
are adequately satisfied by other means.
B.
Membership of Board. The Board of Appeals shall consist of members
who are qualified by experience and training to pass on matters pertaining
to property maintenance and who are not employees of the jurisdiction.
The Code Official shall be an ex-officio member but shall have no
vote on any matter before the Board. The Board shall be appointed
by the chief appointing authority.
(1)
Alternate members. The chief appointing authority shall appoint two
or more alternate members who shall be called by the Board Chairman
to hear appeals during the absence or disqualification of a member.
Alternate members shall possess the qualifications required for Board
membership.
(2)
Chairman. The Board shall annually select one of its members to serve
as Chairman.
(3)
Disqualification of member. A member shall not hear an appeal in
which that member has a personal, professional or financial interest.
(4)
Secretary. The Chief Administrative Officer shall designate a qualified
person to serve as Secretary to the Board. The Secretary shall file
a detailed record of all proceedings in the office of the Chief Administrative
Officer.
C.
Notice of meeting. The Board shall meet upon notice from the Chairman,
within 10 days of the filing of an appeal, or at stated periodic meetings.
D.
Open hearing. All hearings before the Board shall be open to the
public. The appellant, the appellant's representative, the Code
Official and any person whose interests are affected shall be given
an opportunity to be heard. A quorum shall consist of not less than
2/3 of the Board membership.
(1)
Procedure. The Board shall adopt and make available to the public
through the secretary procedures under which a hearing will be conducted.
The procedures shall not require compliance with strict rules of evidence,
but shall mandate that only relevant information be received.
E.
Postponed hearing. When the full Board is not present to hear an
appeal, either the appellant or the appellant's representative
shall have the right to request a postponement of the hearing.
F.
Board decisions. The Board shall modify or reverse the decision of
the Code Official only by a concurring vote of a majority of the total
number of appointed Board members.
G.
Court review. Any person, whether or not a previous party of the
appeal, shall have the right to apply to the appropriate court for
a writ of certiorari to correct errors of law. Application for review
shall be made in the manner and time required by law following the
filing of the decision in the office of the Chief Administrative Officer.
H.
Stays of enforcement. Appeals of notice and orders (other than imminent
danger notices) shall stay the enforcement of the notice and order
until the appeal is heard by the Appeals Board.
