It is hereby determined and declared as a matter of legislative
finding that the inadequate provisions for light and air, insufficient
protection against fire, unsanitary conditions, improper heating,
overcrowding, dilapidation and disrepair of buildings, structures,
dwellings and premises, and the use and occupancy or existence of
buildings, structures and dwellings unfit for use, occupancy or human
habitation in the City of Allentown endanger the health, safety, morals
and welfare of the community, and that transfers and leases of substandard
buildings, structures and premises to transferee and lessees who are
unaware of, or unconcerned with, such conditions often create unwarranted
delays in correcting such conditions dangerous to the health, safety,
needs and welfare of the community; and that the establishment and
maintenance of proper residential and nonresidential standards and
procedures for requiring the inspection, rehabilitation, repair, abatement
of nuisances or compulsory demolition of buildings, structures and
housing are essential to the public health, safety and welfare.
This Chapter 455 of the Codified Ordinances shall be known as the "Property Rehabilitation and Maintenance Code," and is hereinafter referred to as "this code." The minimum standards as set forth herein shall apply to all buildings, structures and properties within the City.
The purpose of this code is to protect the public health, safety
and welfare in buildings and on the premises as hereinafter provided
by:
A.
Establishing minimum standards for basic equipment and facilities
for light, ventilation, space heating and sanitation; for safety from
fire; for space, use and location; for safe and sanitary maintenance;
and for cooking equipment in all structures now in existence;
B.
Fixing the responsibilities of owners, operators and occupants of
all structures;
C.
Providing for administration, enforcement and penalties.
The provisions of this code shall apply to all structures and
premises, which are now or may become in the future, substandard with
respect to: structure, premises, protection against fire hazard, equipment
or maintenance, inadequate provisions for light and air, lack of proper
heating, unsanitary conditions, overcrowding or other conditions which
may be deemed to constitute a menace to the safety, health or welfare
of their occupants, except as provided herein. The existence of such
conditions, factors or characteristics adversely affects public safety,
health and welfare and leads to the continuation, extension and aggravation
of urban blight. Adequate protection of the public, therefore, requires
the establishment and enforcement of these minimum standards.
All movable units used for human occupancy, and the areas, grounds
or parcels on which they are located, insofar as they are applicable
thereto and not in conflict with, shall comply with the requirements
of this code.
Every portion of a building or premises used or intended to
be used shall comply with the provisions of this code, irrespective
of when such buildings were constructed, altered or repaired, except
as hereinafter provided.
A.
Application of Building Code. Any alterations to buildings, or changes of use therein, which may be caused directly or indirectly by the enforcement of this code, shall be done in accordance with applicable section of the Uniform Construction Code; see Chapter 225, Construction Codes, Uniform.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
B.
Application of Zoning Law. Nothing in this code shall permit the establishment or conversion of a multifamily dwelling, or any use in any zone except where permitted by Chapter 660, Zoning, nor the continuation of such nonconforming use in any zone except as provided therein.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
C.
Existing buildings. This code establishes minimum requirements for
the initial and continued occupancy of all buildings and structures
and does not replace or modify requirements otherwise established
for the construction, repair, alterations or use of building, equipment
or facilities except as provided in this section.
D.
Existing remedies. Nothing in this code shall be deemed to abolish
or impair existing remedies of the City or its officers or its agencies
relating to the removal or demolition of any buildings which are deemed
to be dangerous, unsafe, or unsanitary.
[Amended 4-6-1977 by Ord.
No. 12244; 11-7-1991 by Ord. No. 13088]
A.
The public officer shall make or cause to be made inspections to
determine the workman like state of maintenance and repair and the
conditions of all structures and premises in order to safeguard the
safety, health and welfare of the public under the provisions of this
code. The public officer, after reasonable notice, is authorized to
enter any structure or premises at any reasonable time for the purpose
of performing his duties under this code. The owner, occupant, or
operator of every structure or premises, or the person in charge thereof,
shall give the public officer free access thereto and to all parts
thereof and to the premises on which it is located at all reasonable
times for the purpose of such inspection, examination and survey.
[Amended 8-24-2009 by Ord. No. 14737]
B.
If any owner, occupant or other person in charge of a structure subject
to the provisions of this code refuses, impedes, inhibits, interferes
with, restricts or obstructs entry and free access to every part of
the structure or premises where inspection authorized by this code
is sought, the administrative authority shall promptly apply for a
search or inspection warrant to a court of competent jurisdiction
and shall supply all necessary affidavits and testimony to indicate
that there is reasonable or probable cause to conduct an inspection.
For the purposes of this section, a reasonable or probable cause to
gain access and inspect shall include, without being limited to, the
following:
(1)
That the inspection of the area is part of a planned routine inspection
being conducted pursuant to a systematic or concentrated code enforcement
program in that portion of the City;
(2)
That the public officer, after investigation, has knowledge, information
or a reasonable belief that a violation of this code or other codes
and ordinances of the City exist;
(3)
That such entry is for the purpose of reinspecting a previous notice
of violations;
(4)
That the public officer has received a complaint concerning a violation
on or within the premises; or
(5)
That such entry is necessary to determine if the building, structure,
premises, dwelling or dwelling units meet code standards.
Every occupant of a dwelling unit, building, structure or premises
shall give the owner thereof, or his agent or employee, access to
any part of such dwelling, dwelling unit, building, structure or premises,
at all reasonable times for the purpose of conducting inspections
to determine whether or not violations of this code may exist, or
for the purpose of making such repairs or alterations as are necessary
to effect compliance with the provisions of this code or with any
lawful rule or regulation adopted or any lawful order issued pursuant
to the provisions of this code.
A.
Whenever the public officer determines that there exists a violation
of any provision of this code, he shall issue a notice which shall:
(1)
Be
in writing;
(2)
Include a brief description of the real estate sufficient for identification;
(3)
Specify the violation which exists with reference to the applicable
code or ordinance provisions together with a brief statement of the
remedial action required;
(4)
Provide a reasonable time, not to exceed 30 days, for letting of
a contract for the correction of any violation alleged; and
(5)
Include a statement regarding the right of appeal.
B.
It is the right of every tenant and resident to report any presumed
violations of this code to the Bureau of Inspection or the public
officer. A landlord cannot evict a tenant or tenants in retaliation
for the reporting of alleged code violations.
[Amended 5-18-1995 by Ord. No. 13332; 8-24-2009 by Ord. No. 14737]
Any violation of the provisions of this code may be cause for
a citation, a violation ticket and/or a notice of violation to be
issued to the violator.
A.
A notice of violation or a violation ticket shall be served upon
the owner or occupant in the following manner:
[Amended 10-17-2012 by Ord. No. 15022]
(1)
By handing it to the person to be served;
(2)
By handing the notice, at the residence of the person to be served,
to an adult member of the family with which he resides; but if no
adult member of the family is found, then to an adult person in charge
of such residence;
(3)
By handing the notice at any office or usual place of business of
the person to be served to his agent or to the person for the time
being in charge thereof; or
(4)
By mailing the notice to the last known address of the person to
be served by certified mail, unrestricted delivery, return receipt
requested or first-class mail.
B.
If any person to whom the notice of violation is addressed cannot
be served in the above manner, the public officer shall briefly note
the appropriate facts in the file and shall make service upon such
person by posting the notice of violation in a conspicuous place on
the premises described in the notice.
C.
For the purposes of this section, a person "cannot be served" when the person to be served has no residence or office or usual place of business within the City and the mailed notice of violation is returned undelivered; or when the notice of violation cannot be served under Subsection A(1), (2) or (3) hereof after two trips on two separate days to the residence or office or usual place of business of the person to be served and if the mailed notice of violation is returned undelivered.
D.
Service upon any executive officer of a corporation shall be a sufficient,
but not exclusive, method of service upon the corporation. Service
upon any partner of a partnership shall be a sufficient, but not exclusive,
method of service upon the partnership.
E.
In addition to service of the notice as prescribed above, the public
officer may post a notice of violation on the premises or part thereof
alleged in violation.
F.
If, upon any inspection or reinspection, the public officer determines
that the premises are in compliance with the provisions of this code,
he shall note this determination in the file together with the date
of such inspection. If, upon reinspection after a notice of violation,
the public officer determines that the violation has been corrected
satisfactorily and that the premises are in compliance, he shall,
without charge, issue a written certificate of compliance to each
person served the notice of violation.
G.
Any person, as owner, operator or agent, selling, transferring, conveying,
letting or leasing any dwelling, building, structure or premises which
to their knowledge has been cited as not in compliance with the minimum
standards of this code, shall first give to the prospective purchaser,
transferee, grantee, lessee or its agent appropriate notice of such
violation.
H.
Regardless of whether or not the required notification, as provided
herein, has been given, any notice of violation or order for correction
of violation, shall nevertheless remain in full force against the
premises, and any new owner, occupant or operator shall be bound thereby.
I.
Any owner, owner's agent, lessee, mortgagee or mortgagor of any dwelling,
building, or structure may request the public officer to make an inspection
of the premises. If the public officer, in his discretion, deems an
inspection is warranted, such inspection will be made upon receipt
of an inspection fee in the amount which shall be fixed from time
to time by regulations.
J.
The public officer shall issue a letter or certificate of compliance,
notice of violation or refusal of inspection within 15 days of a request
for an inspection.
A.
Any party in interest affected by a notice of violation or order
may appeal to the Property Rehabilitation and Maintenance Code Board
of Appeals.
[Amended 5-4-1983 by Ord.
No. 12554]
B.
A person in receipt of a violation ticket may appeal to the Bureau
of Building Standards and Safety by filing a request within 10 days
of receipt of the violation ticket.
C.
A Hearing Officer, designated by the Director of the Building Standards
and Safety, may uphold the appeal, deny the appeal or may modify the
violation ticket and/or any associated costs, fines or penalty amounts.
[Amended 8-24-2009 by Ord. No. 14737]
[Amended 5-4-1983 by Ord.
No. 12554]
The Property Rehabilitation and Maintenance Code Board of Appeals
shall hear all appeals as required by the standards of this code.
[Amended 5-4-1983 by Ord.
No. 12554]
A.
Any party in interest affected by a notice of violation or order
may appeal to the Property Rehabilitation and Maintenance Code Board
of Appeals for a review of the action of the public officer in accordance
with the procedures prescribed by the Board; provided, however, that
such person file such appeal with the Board and deliver a copy of
such appeal to the public officer within 30 days after service of
notice of violation or order. Except as provided herein, compliance
with the notice of violation shall not be required during the time
an appeal is pending before the Property Rehabilitation and Maintenance
Code Board of Appeals or the Court of Common Pleas of Lehigh County.
B.
The Property Rehabilitation and Maintenance Code Board of Appeals
shall be a body of five members, one of whom shall be from the minority
community of Allentown and two alternate members, all of whom shall
be appointed by the Mayor with the advice and consent of Council.
A member or alternate member shall serve a term of three years from
the time of his appointment or reappointment or until his successor
shall take office. Alternate members may be requested to attend meetings
in absence of a regular member and shall have all the powers of a
regular member at such meetings. The Board shall have the following
powers:
(1)
To adopt and administer the rules of procedure regarding its organization,
officers, times and places of meetings, conduct of meetings and other
legal procedures relating to the hearing and determination of appeals
and other matters within the Board's jurisdiction;
(2)
To hear and decide appeals where it is alleged there is error in
any order, requirement, decision or determination made by the public
officer in the enforcement of the provisions of this code or any other
City ordinance that has a relationship to the establishment and maintenance
of proper standards, including, but not limited to, fire prevention,
health or buildings;
(3)
To modify any notice of violation or order and to authorize a variance
from the terms of this code when because of special circumstances,
undue hardship would result from literal enforcement, and where such
variance substantially complies with the spirit and intent of the
code;
(4)
To grant a reasonable extension of time for the compliance of any
order where there is a demonstrated case of hardship and evidence
of an actual undertaking to correct the violation together with a
bona fide intent to comply within a reasonable time period;
(5)
In exercising the above-mentioned powers, the Board shall act with
reasonable promptness and seek to prevent unwarranted delays prejudicial
to the party involved and to the public interest; provided, however,
that the Board shall file its decision within 45 days after the appeal
hearing. The Board may reverse or affirm wholly or partly, or may
modify the order, requirement, decision or determination appealed
from and may make such order, requirement, decision or determination
as justice would require, and, to that end, shall have all the powers
of the public officer; provided, however, that the Property Rehabilitation
and Maintenance Code Board of Appeals, in its determination, shall
be bound by this code and shall not ignore the clear provisions and
intent of this code.
C.
Whenever the public officer finds that there exists any violation
of this code which creates an emergency requiring immediate correction
to protect the health or safety of any occupant of a dwelling or the
public, he may issue a notice of violation stating the facts which
constitute the emergency and requiring necessary action to be taken
immediately. Any person to whom such notice is directed shall comply
immediately, even though an appeal is taken to the Property Rehabilitation
and Maintenance Code Board of Appeals or the Court of Common Pleas.
Any person aggrieved by such notice of violation may appeal to the
Board, as provided in this code, and the Board shall give priority
to such appeal.
D.
Any person, including the public officer for the City, aggrieved
by any decision of the respective Board, may appeal to the Court of
Common Pleas of Lehigh County. Such appeal shall be made by a duly
verified petition which shall set forth the factual and legal basis
upon which the decision of the Board is alleged to be illegal, in
whole or in part. Such petition shall be presented to the Court of
Common Pleas, and a notice thereof must be given to the appellee within
30 days after the filing of the decision in the office of the Board.
E.
If no appeal is pending, within five days after the expiration of
the time for compliance as stated on the notice of violation or any
decision by the Property Rehabilitation and Maintenance Code Board
of Appeals or Court of Common Pleas, the public officer shall reinspect
to determine compliance. If the violation has not been corrected,
the public officer shall institute prosecution for the violation;
provided, however, the public officer may extend the time of compliance
specified in any notice or order where there exist reasonable conditions
which prevent early compliance or would work a hardship; provided,
further, that there is clear evidence of an actual undertaking to
comply with the order within a reasonable time period together with
a bona fide intent to comply.
F.
Every notice of violation, and all records of all proceedings occurring
subsequent to the notice of violation and until the final disposition
of the matter outlined in the notice of violation, shall be public
and available for inspection; provided, however, that the public officer
may prescribe reasonable regulation regarding the time and manner
of inspection.
A.
When, upon reinspection after the expiration of the time for compliance,
the public officer finds that the violation has not been corrected,
he is authorized to cause such dwelling, dwelling unit, rooming unit,
building, structure or other part of the premises to be repaired,
altered, demolished, improved, vacated, or closed. Notices and orders
issued pursuant to this section shall be served in the same manner
as notices of violation.
B.
Whenever, upon initial inspection or reinspection, the public officer
finds that any dwelling, dwelling unit, rooming unit, building, structure
or premises constitutes a serious hazard to the health or safety of
the occupants or to the public because it is dilapidated, unsafe,
unsanitary, unhealthful, vermin-infested or lacking in facilities
required by this code, he shall designate such dwelling, dwelling
unit, rooming unit, building, structure or premises as unfit for human
habitation or use and shall cause to be posted on the main entrance
area of the dwelling, dwelling unit, rooming unit, building, structure
or premises so closed, a placard with the following words: "This premises
is unsafe for use or human habitation; the use and occupancy of this
premises for human habitation is prohibited and unlawful."
C.
If the premises so designated are occupied, the public officer shall
order such premises vacated and shall prescribe a reasonable time
for compliance. A vacant premises which has been designated as unsafe
for human habitation and which has been placarded as such shall not
be used again for human habitation or use until written approval is
secured from the public officer and the placard is removed by the
public officer. Where the conditions causing said designation present
a potential fire hazard or unsanitary condition, the public officer
may include in said order a requirement that all flammable or unsanitary
materials, including but not limited to personally, such as furniture
and clothing, be removed from the premises. The public officer shall
rescind the designation as unsafe for human habitation or use and
shall remove the placard when he finds that the defect or condition
has been removed or eliminated and that the dwelling, dwelling unit
or rooming unit is a fit place or unit for human habitation. No person
shall remove or deface the placard from any premises which has been
designated as unsafe for human habitation and has been placarded as
such.
[Amended 10-21-2004 by Ord. No. 14219; 10-21-2004 by Ord. No. 14224]
D.
Whenever the public officer finds that any premises constitute a
public nuisance, he shall serve notice thereof to the owner. Such
notice shall indicate the manner in which, and the time by which,
the public officer or the City intends to demolish, repair, alter
or improve the premises. Unless an emergency exists, the public officer
or the City shall not undertake corrective action 30 days from the
time such notice is served. A notice that the City intends to undertake
corrective action shall be served in the same manner as a notice of
violation; provided, however, that such notice shall also be posted
in a conspicuous place upon the premises. If, at the expiration of
the specified time period, the required corrective action has not
been completed, the public officer of the City may undertake such
corrective action to abate the declared public nuisance without further
notice. Nothing contained herein shall be construed to limit the power
of the public officer or the City to take immediate corrective action
to abate a hazardous condition without serving notice thereof, where
there exists any violation of this code which creates an emergency
requiring immediate correction to protect the health or safety of
any occupant of a dwelling, building or structure, or of the public.
[Amended 4-6-1977 by Ord.
No. 12244]
E.
Where the public officer or the City takes corrective action to abate
a public nuisance, the cost thereof, including any labor or materials
supplied by the City, shall be charged to the owner and shall constitute
a municipal lien against the real property upon which such cost was
incurred. The Bureau of Law promptly shall file such lien and shall
make every effort to collect it within six months of the recorded
date. If the corrective action involves the removal or demolition
of any structure, the public officer may sell the materials thereof
by public sale and any amounts realized shall be credited against
the cost of the corrective action, and any balance remaining shall
be deposited with the City Director of Finance or designee in the
name of the owner of record. In the event of dispute regarding the
proper distributes of such balance, such account shall be disbursed
to the persons found to be entitled thereto by final order or decree
of the Court of Common Pleas of Lehigh County, and any City expenses
incurred for legal fees or court costs may be charged against such
balance. The City will add an administrative fee of $300 or 15% of
the cost of abatement, whichever is greater, to each bill incurred,
as a result of noncompliance with a public nuisance order.
[Amended 5-18-1995 by Ord. No. 13332; 8-24-2009 by Ord. No. 14737]
F.
Any party in interest affected by any notice or order issued pursuant
to this section may, within 30 days of the service thereof, appeal
in accordance with the procedures outlined herein. Except in the case
of emergency, corrective action shall be stayed during the time an
appeal is pending before the Review Board(s) or the Court of Common
Pleas of Lehigh County.
The public officer is authorized to make and adopt such written
rules and regulations as may be necessary for the proper enforcement
and administration of this code. Such rules and regulations shall
not be in conflict with the provisions of this code nor with any other
ordinance of the City, nor with any law of the Commonwealth of Pennsylvania,
nor shall they have the effect of waiving any provisions of this code
or any other ordinance.
No officer, agent, or employee of the City shall render himself
personally liable for any damage that may accrue to persons or property
as a result of any act required, authorized or permitted in the discharge
of his duties under this code. Any suit brought against any such officer,
agent or employee, as a result of any act required, authorized or
permitted in the discharge of his duties under this code, shall be
defended by the Bureau of Law until the final determination of the
proceedings therein.
Except as provided herein, in any case where a provision of
this code is found to be in conflict with a provision of any zoning,
building, fire, safety or health ordinance or code of this municipality
existing on the effective date of this code, the provision which established
the higher standard for the promotion and protection of the safety
and health of the people shall prevail. In any case where a provision
of this code is found to be in conflict with a provision of any other
ordinance or code of this municipality existing on the effective date
of this code which establishes a lower standard for the promotion
and protection of the safety and health of the people, the provisions
of this code shall prevail, and such other ordinances or codes are
hereby declared to be repealed to the extent that they may be found
in conflict with this code.
The provisions of this code are severable, and if any provision
of this code is held unconstitutional or illegal, the remaining provisions
of this code shall in no way be affected or impaired.
A.
Whoever violates any provision of this code or any section of this
code shall, upon a first offense, be fined not more than $1,000 or
imprisoned not more than 90 days, or both.
[Amended 1-21-1993 by Ord. No. 13176]
B.
If, after any conviction for violation of this code or any lawful
order issued pursuant thereto, such person continues violation, then
such person shall be liable for further prosecution, conviction, and
punishment without any necessity of the public officer to issue a
new notice of violation or order, and until such violation has been
corrected.
C.
In addition to prosecution of persons violating this code, the public
officer, the Bureau of Law, or any duly authorized agent of the City
may take such civil or equitable remedies in any court of record of
the Commonwealth of Pennsylvania, against any person or property,
real or personal, to effect the provisions of this code.
D.
Corrections of violations of this code are to be made in a workmanlike
manner and in conformity with accepted good construction practices
so as to achieve reasonable longevity and to preserve compliance with
the standards of this code.
[Amended 5-4-1983 by Ord.
No. 12554]
E.
Violation ticket fines.
[Amended 12-6-2017 by Ord. No. 15405]
F.
Violation ticket penalties.
[Amended 12-6-2017 by Ord. No. 15405]
G.
Citation fines. Whoever violates the provisions of this code shall,
upon conviction, be fined not more than $1,000 or imprisoned not more
than 90 days, or both.
[Amended 8-24-2009 by Ord. No. 14737]
