City of New Castle, PA International Property Maintenance Code

[Ord. 7985, adopted 1-12-2012; Ord. 8286, adopted 3-14-2019; Ord. 8325, adopted 3-26-2020; Ord. 8348, adopted 10-22-2020; 6-6-2022 by Ord. No. 8405; 6-23-2022 by Ord. No. 8407]

The following sections of the International Property Maintenance Code, 2018 Edition, as adopted are amended, deleted, altered or added as indicated:

(a)

Any reference in the International Property Maintenance Code, 2018 Edition to the Department of Property Maintenance Inspection shall hereinafter be referred to and known as the Department of Code Enforcement.

(b)

In Section 101.1 the referenced "name of jurisdiction" shall mean "The City of New Castle, Pennsylvania."

(c)

Section 102.3 entitled "Application of other codes" shall be amended to read as follows:

102.3 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 Pennsylvania Uniform Construction Code which incorporates the International Existing Buildings Code, International Property Maintenance Code, International Fuel Gas Code, International Mechanical Code, and the ICC Electrical Code.

(d)

Section 103 entitled "Department of Property Maintenance Inspection" is hereby amended to read as follows:

SECTION 103

DEPARTMENT OF CODE ENFORCEMENT

103.1 General. The Department of Code Enforcement shall be charged with enforcing this Property Maintenance Code. The Code Officers within the Department of Code Enforcement shall be known as code officials.

103.2 Liability. 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. 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 proceeding that is instituted in pursuance of the provisions of this code; and any officer of the Department of Code Enforcement, 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.

Section 103.2 "Appointment," Section 103.3 "Deputies" and Section 103.5 "Fees" are hereby deleted.

(e)

Section 106.4 entitled "Violation penalties" is amended to read as follows:

106.4 Violation penalties. Except as otherwise provided herein, any person who shall violate a provision of this Code shall, upon conviction thereof, be subject to a fine of not less than $25, nor more than $1,000 and/or imprisonment for a term not to exceed 90 days, or both, at the discretion of the court. Each day that a violation continues after due notice has been served shall be deemed a separate offense.

Violations and Penalties:

106.4.1 Failure to comply. Whenever a notice to vacate, secure, repair and/or demolish a structure which is a public nuisance because it is unsafe, unhealthy, dangerous or unfit for human habitation has not been complied with, the Code Enforcement Officer may in accordance with the laws of the Commonwealth of Pennsylvania, proceed to cause the structure to be vacated, closed-up, and secured, repaired and/or demolished or take such other action as is necessary to abate the nuisance. Abatement under this subsection shall not commence until at least 10 days after the service of the order, except that the Code Enforcement Officer may determine that more immediate action is required because of the special emergency or dangerous conditions which exist.

106.4.2 Recovery of expenses. The expenses incurred pursuant to Subsection (2) hereof and other applicable sections of this Code and other codes and ordinances shall be paid by the responsible owner, operator or occupant or by the persons who caused or maintained such public nuisance. The Code Enforcement Officer shall file in his records an affidavit, stating with fairness and accuracy, the items and date of the expenses incurred. The City may institute a suit to recover such expenses to be charged against the property as a lien and/or against the person or legal entity violating the code as a judgment.

(f)

Section 108.1.3 entitled "Structures unfit for human occupancy" is amended to read as follows:

108.1.3 Structures unfit for human occupancy. A structure is unfit for human occupancy whenever the code official finds that such structure is unsafe or not provided with adequate egress, 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. All such unsafe buildings are hereby declared to be public nuisances and shall be abated by repair, rehabilitation, demolition or removal in accordance with the procedure specified in the Code.

(g)

Section 110 entitled "Demolition" shall be amended to add Subsection 110.5 "Emergency demolition" to read as follows:

110.5 Emergency demolition:

110.5.1 The Code Official may order the owner, of premises upon which is located any structure or part thereof to immediately raze the structure if it is determined to be a hazard to the general public's health and safety or that of the occupants thereof, or if there is actual and immediate danger or failure or collapse of a building or structure or any part thereof or when any structure or part of a structure has fallen and life is endangered by the occupation of the building or structure. Before issuing an immediate demolition order, the Code Official shall obtain written opinions from the Fire Chief and the City Engineer or their assistants, before acting. The emergency demolition order shall be subject to 110.3 and 110.4.

110.5.2 Temporary Safeguards. When in the opinion of the Fire Chief, City Engineer, and Code Enforcement Officer there is actual and immediate danger of collapse or failure of a building or structure or any part thereof which would endanger life, the Code Enforcement Officer may in his discretion cause the necessary work to be done to render such building or structure or part thereof, temporarily safe, whether or not the legal procedure herein described has been instituted.

110.5.3 Closing Streets. When necessary for the public safety, the Code Enforcement Officer may temporarily close sidewalks, streets, buildings, and structures and places adjacent to such unsafe structures and prohibit the same from being used. It shall be unlawful for any person to enter such building or structure except for the purpose of making the required repairs or demolishing the same.

(h)

Section 111.1 entitled "Application for appeal" is amended to read as follows:

111.1 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 10 days after the day the decision, notice or order was served. An application for appeal shall be based 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.

(i)

Section 111.2 entitled "Membership of the Board" is amended to read as follows:

111.2 Housing Code Hearing Board - Variances and Appeals.
111.2.1 There is hereby established a Housing Code Hearing Board consisting of five members appointed by the Mayor. Members of the Board shall serve staggered four year terms.
111.2.1A Qualifications. The Housing Code Hearing Board shall consist of five members. At least three of the five members of the Housing Code Hearing Board shall have at least five years experience in one of the following professions or disciplines. "Experience" shall including having worked or having been educated or formerly trained, (whether through an apprenticeship program or other schooling) in the particular area:
1.	Architecture.
2.	Structural or mechanical engineering.
3.	Plumbing.
4.	Masonry.
5.	Building construction.
6.	Fire protection.
7.	Carpentry.
111.2.1B Quorum. A quorum of the Housing Code Hearing Board shall exist when a majority of members (three) of the Housing Code Hearing Board are present.
111.2.1C Financial Interest. A member of the Housing Code Hearing Board shall not participate in any hearing or vote on any appeal in which that member has a direct or indirect financial interest, or is engaged as a contractor, or is engaged in the preparation of plans and specifications, or in which that member has any personal interest.
111.2.2 Powers of the Housing Code Hearing Board. The Housing Code Hearing Board shall have the following powers and duties:
111.2.2A Appeals. The Housing Code Hearing Board shall hear all appeals made to it and, depending on its findings, shall decide whether relief sought in such appeals shall be granted.
111.2.2B Interpretation. The Housing Code Hearing Board shall hear all appeals made to it and, depending on its findings, shall decide whether relief sought in such appeals shall be granted.
111.2.2C Variances. The Housing Code Hearing Board may grant a variance from the strict application of this Code or of those other applicable codes and ordinances. Such variances may be granted only in those cases which would result in practical difficulty or unnecessary hardship and where the public health and safety shall not be jeopardized.
111.2.2D Decision of the Board. A decision to affirm, modify or reverse the decisions of the Code Enforcement Officer shall be made by a majority of those present and sitting as the Housing Code Hearing Board in any specific case. All decisions of the Board shall also retain in its files a copy of each decision, which files shall be available for inspection by the public. Each decision shall set forth fully the reason for the decision of the Housing Code Hearing Board and the findings of fact on which the decision was based.
111.2.2E Enforcement of Decision. The Housing Code Hearing Board shall make an order on its decision, and the Code Enforcement Officer shall take immediate action in accordance with the decision of the Board, to carry out such order.
111.2.3 Request for Appeals or Variances.
111.2.3A Appeals or Variances. Any person requesting a variance or aggrieved by a decision of the Code Enforcement Officer or by any other employee or official charged with the administration and enforcement of this Code and of those applicable codes or ordinances may, upon petition, appeal to the Housing Code Hearing Board and shall pay a fee of $250 for each hearing. All appeals shall be made in writing, stating the grounds upon which the appeal is based and shall be filed with the Office of Code Enforcement. An appeal must be taken within 10 days of action or of the receipt of written notice of any decision or ruling which is being appealed.
111.2.3B Public Hearing. The Housing Code Hearing Board shall meet and conduct a hearing within 90 days of the receipt of a petition for an appeal or request for a variance. A record shall be kept of all evidence and testimony presented at the hearing.

(j)

Section 111.5 entitled "Postponed hearing" is amended to read as follows:

111.5 Postponed hearing. When five members are not present to hear an appeal, the appeal may be heard provided a quorum of members is available to hear the matter.

(k)

Section 111.7 entitled "Court review" is amended to read as follows:

111.7 Court review. Any person or persons aggrieved by any final order or decision of the Housing Code Hearing Board may appeal such order or decision within 30 days to the Court of Common Pleas in accordance with the law.

(l)

Section 111.2.1 Alternate Members, 111.2.2 Chairman, 111.2.3 Disqualification of member, 111.2.4 Secretary, 111.2.5 Compensation of members, 111.3 Notice of meeting, 111.4 Open hearing, 111.4.1 Procedure, 111.6 Board decision, 111.6.1 Records and copies, 111.6.2 Administration are hereby deleted.

(m)

Section 112.4 entitled "Failure to Comply" is amended to read as follows:

112.4 Failure to Comply. Any person who shall continue any work after having been served with a stop work order, expect such work as that person is directed to perform to remove a violation or unsafe condition, shall be liable to a fine not less than $300 and not no more than a $1,000.

(n)

Section 201.3 entitled "Terms defined in other codes" is hereby amended to read as follows:

Section 201.3 Terms defined in other codes. Where terms are not defined in this code and are defined in the Pennsylvania Universal Construction Code, the International Building Code, International Fire Code, International Fuel Gas Code, International Plumbing Code, International Mechanical Code, NFPA 70, or the ICC Electrical Code, such terms shall have the meanings ascribed to them as stated in those codes.

(o)

Section 202 entitled "General definitions" is amended to include the following:

"Landlord" means any owner of Residential Rental Property who lets or intends to let the same for occupancy.
"Residential Rental Property" means any dwelling or structure that is let or intended to be let for the purpose of living quarters for use by an individual(s) or a family, including single family detached dwellings, multi-family dwellings, apartment houses, rooming and boarding houses, and group homes.
"Responsible Agent" means person authorized by the owner to act in his behalf. All responsible agents must reside or have an office in Lawrence County, Pennsylvania.
"Unenclosed" means any front, side or back porch, patio, deck or balcony that is not closed in to shield it year round from the elements.
"Unit" means any separate living quarter existing within a Residential Rental Property.
"Upholstered Furniture" means any furniture that contains attached filling material and is used or intended to be used for sitting, reclining or resting indoors.
"Substandard Building" is any building or portion thereof including any dwelling unit, guest room, or suite of rooms, or the premises on which the same is located, in which there exists any of the following listed conditions to an extent that endangers the life, limb, health, property, safety or welfare of the public, or the occupants thereof:
(1)	Inadequate sanitation, which shall include but not be limited to the following:
	A.	Lack of, or improper water closet, lavatory, bath tub or shower in a dwelling unit.
	B.	Lack of, or improper water closets, lavatories and bath tubs or shower per number of guests in a hotel.
	C.	Lack of, or improper kitchen sink.
	D.	Lack of hot and cold running water to plumbing fixtures in a hotel.
	E.	Lack of hot and cold running water to plumbing fixtures in a dwelling unit.
	F.	Lack of adequate heating facilities.
	G.	Lack of, or improper operation of required ventilating equipment.
	H.	Lack of minimum amounts of natural light and ventilation required by this Code.
	I.	Room and space dimensions less than required by this Code.
	J.	Lack of required electrical lighting.
	K.	Dampness of habitable rooms.
	L.	Infestation of insects, vermin, birds or rodents.
	M.	General dilapidation or improper maintenance.
	N.	Lack of connection to required sewage disposal system.
	O.	Lack of adequate garbage and rubbish storage and removal facilities.
(2)	Structural hazards, which shall include but not be limited to the following:
	A.	Deteriorated or inadequate foundations.
	B.	Defective or deteriorated flooring or floor supports.
	C.	Flooring or floor supports of insufficient size to carry imposed loads with safety.
	D.	Members of walls, partitions or other vertical supports that split, lean, list or buckle due to defective material or deterioration.
	E.	Members of walls, partitions or other vertical supports that are insufficient size to carry loads with safety.
	F.	Members of ceilings, roofs, ceiling and roof supports or other horizontal members which sag, split or buckle due to defective material or deterioration.
	G.	Members of ceilings, roofs, ceiling and roof supports, or other horizontal members that are insufficient size to carry imposed loads with safety.
	H.	Fireplaces or chimneys which list, bulge or settle, due to defective material or deterioration.
	I.	Fireplaces or chimneys which are of insufficient size or strength to carry imposed loads with safety.
(3)	Nuisance. Any nuisance as defined in this Code or Article 1733.
(4)	Hazardous Wiring. All wiring except that which conformed with all applicable laws in effect at the time of installation and which has been maintained in good condition and is being used in a safe manner.
(5)	Hazardous Plumbing. All plumbing except that which conformed with all applicable laws in effect at the time of installation and which has been maintained in good condition and which is free of cross connections and siphonage between fixtures.
(6)	Hazardous Mechanical Equipment. All mechanical equipment, including vents, except that which conformed with all applicable laws in effect at the time of installation and which has been maintained in good and safe condition.
(7)	Faulty Weather Protection, which shall include but not be limited to the following:
	A.	Deteriorated, crumbling or loose plaster.
	B.	Deteriorated or ineffective waterproofing of exterior walls, roof, foundations or floors, including broken windows or doors.
	C.	Defective or lack of weather protection for exterior wall coverings, including lack of paint or weathering due to lack of paint or other approved protective covering.
	D.	Broken, rotted, split or buckled exterior wall coverings or roof coverings.
(8)	Fire Hazard. Any building or portion thereof, device, apparatus, equipment, combustible waste or vegetation which, in the opinion of the Chief of the Fire Department or his deputy, is in such a condition as to cause a fire or explosion or provide a ready fuel to augment the spread and intensity of fire or explosion arising from any cause.
(9)	Faulty Materials of Construction. All materials of construction except those which are specifically allowed or approved and which have been adequately maintained in good and safe condition.
(10)	Hazardous or Unsanitary Premises. Those premises on which an accumulation of weeds, vegetation, junk, dead organic matter, debris, garbage, offal, rat harborages, stagnant water, combustible materials and similar materials or conditions constitute fire, health or safety hazards.
(11)	Inadequate Maintenance. Any structure or portion thereof which is determined to be unsafe in accordance with Section 108.1.1 of the Code.
(12)	Inadequate Exits. All buildings or portions thereof not provided with adequate exit facilities as required by this Code except those buildings or portions thereof whose exit facilities conformed with all applicable laws at the time of their construction and which have been adequately maintained and increased in relation to any increase in occupant load, alteration or addition, or any change in occupancy. When unsafe conditions through lack of, or improper location of, exits exist, additional exits may be required to be installed.
(13)	Inadequate Fire Protection or Fire Fighting Equipment. All buildings or portions thereof which are not provided with the fire resistive construction or fire extinguishing systems or equipment required by this Code, except those buildings or portions thereof which conformed with all applicable laws at the time of their construction and whose fire resistive integrity and fire extinguishing systems or equipment have been adequately maintained and improved in relation to any increase in occupant load, alteration or addition or any changes in occupancy.
(14)	Improper Occupancy. All buildings or portions thereof occupied for living, sleeping, cooking or dining purposes which were not designed or intended to be used for such occupancies.
(15)	General. Whenever a code enforcement official determines by inspection that any existing building or portion thereof is substandard, he shall order the building or portion thereof vacated and shall institute proceedings to effect the repair or rehabilitation of the building or erection thereof. If such repair or rehabilitation is impractical he shall then order such building or portion thereof removed or demolished.

(p)

Section 301 entitled "General" is amended to add Subsection 301.4 to read as follows:

301.4 Storage areas - All open salvage yards and open storage areas shall be completely obscured from the surrounding property by a solid fence not less than six feet in height which meets the safety requirements of the Code as determined by the Code Official.

(q)

Section 302.4 entitled "Weeds" is amended to read as follows:

302.4 Weeds.
302.4.1 All premises and exterior property shall be maintained free from weeds or plant grown in excess of 10 inches. All noxious weeds shall be prohibited. Weeds shall be defined as all grasses, annual plants and vegetation, other than trees or shrubs provided; however, this term shall not include cultivated flowers and gardens.
302.4.2 Trees and ornamental shrubs that are not defined as grass or weeds, shall be maintained in such a state where the property does not lose curb appeal, in the opinion of the Code Official.
302.4.3 Upon failure of the owner or agent having charge of a property to cut and destroy weeds after service of a notice of violation, they shall be subject to prosecution in accordance with Section 106.3 and as prescribed by the authority having jurisdiction. Upon failure to comply with the notice of violation, any duly authorized employee of the jurisdiction or contractor hired by the jurisdiction shall be authorized to enter upon the property in violation and cut and destroy the weeds growing thereon, and the costs of such removal shall be paid by the owner or agent responsible for the property.

(r)

Section 302.5 entitled "Rodent harborage" is amended to add the following:

302.5.1 Proof of extermination shall be provided to the Department of Code Enforcement.

(s)

302.8 entitled "Motor vehicles" is amended to add the following:

302.8.1 Parking of any utility trailer, recreational vehicle, or motor home is prohibited in the front yard. Parking of a family passenger vehicle is permitted in the front yard if an approved driveway has been installed and approved by the City Engineer. Enforcement of this provision shall be subject to the discretion of the Department of Code Enforcement.

(t)

Section 302 entitled "Exterior property areas" is amended to add the following:

302.10 Outdoor storage of furniture.

302.10.1. Upholstered furniture or mattresses in yards prohibited. The use, keeping or storage of any upholstered furniture manufactured primarily for indoor use, including, but not limited to, mattresses and box springs, sofas and chairs, shall be prohibited on any front, back or side yard or patio visible from any public or private place, sidewalk or highway.

302.10.2. Use of porch for storage prohibited. The use, keeping or storage of any upholstered furniture manufactured primarily for indoor use, including, but not limited to, mattresses and box springs, sofas and chairs, shall be prohibited on any front, back or side unenclosed porch, deck or balcony visible from any public or private place, sidewalk or highway.

302.10.3. Penalties for offenses. Any person violating 302.10 shall be fined a minimum of $150 and a maximum of up to $1,000 plus court costs. Each day the condition continues shall constitute a separate offense.

(u)

Section 304.14 entitled "Insect screens" is amended to read as follows:

304.14 Insect screens. Every door, window and other outside opening utilized or required for ventilation purposes serving any structure containing habitable rooms, food preparation areas, food service areas, or any areas where products to be included or utilized in food for human consumption are processed, manufactured, packaged or stored, shall be supplied with approved tightly fitting screens of not less than 16 mesh per inch and every swinging door shall have a self-closing device in good working condition.

Exception: Screen doors shall not be required where other approved means, such as air curtains or insect repellent fans are employed.

(v)

Section 308.1 entitled "Accumulation of rubbish or garbage" is amended to read as follows:

308.1 Accumulation and storage of rubbish or garbage. All exterior property and premises, and the interior of every structure, shall be free from any accumulation of rubbish or garbage. Every occupant or owner of a structure shall store such rubbish or garbage in an approved leak proof container provided with close fitting covers for the storage of such materials until removed from the premises for disposal. Such containers shall be located at the rear of the structure or a suitable place where it does not constitute a nuisance or eyesore to its surroundings.

(w)

Section 309.1 entitled "Infestation" is amended to add the following:

309.1.1 Proof of extermination shall be provided to the Department of Code Enforcement.

(x)

Section 602.3 entitled "Heat supply" is amended to read as follows:

602.3 Heat supply. Every owner and operator of any building who rents, leases or lets one or more dwelling units or sleeping units on terms, either expressed or implied, to furnish heat to the occupants thereof shall supply heat during the period from September 15 to May 15 to maintain a temperature of not less than 68° F. 20° C. in all habitable rooms, bathrooms, and toilet rooms.
Exceptions:
1.	When the outdoor temperature is below the winter outdoor design temperature for the locality, maintenance of the minimum room temperature shall not be required provided that the heating system is operating at its full design capacity. The winter outdoor design temperature for the locality shall be as indicated in Appendix D of the International Plumbing Code.
2.	In areas where the average monthly temperature is above 30° F (-1° C. a minimum temperature of 65° F. (18° C. shall be maintained.

(y)

Section 602.4 entitled "Occupiable work spaces" is amended to read as follows:

602.4 Occupiable work spaces. Indoor occupiable work spaces shall be supplied with heat during the period from September 15 to May 15 to maintain a temperature of not less than 65° F. 18° C. during the period the spaces are occupied.
Exceptions:
1.	Processing, storage and operation areas that require cooling or special temperature conditions.
2.	Areas in which persons are primarily engaged in vigorous physical activities.

(z)

Section 702.4 entitled "Emergency escape openings" is amended to add the following:

702.4.1 Every habitable space in a residential structure exceeding two stories above grade, shall be supplied with at least two separate independent means of egress.

(aa)

Chapter 8 entitled "REFERENCED STANDARDS," is hereby amended under ICC (International Code Council) references, to delete International Zoning Code ®, and to add Pennsylvania Uniform Construction Code.

(bb)

Chapter 9 is hereby adopted and set forth as follows:

CHAPTER 9 RESIDENTIAL RENTAL PROPERTY
SECTION 901 DUTY TO REGISTER RESIDENTIAL RENTAL PROPERTY
901.1 Every Landlord shall be required to register with the Department of Code Enforcement all Residential Rental Properties he or she owns within the limits of the City of New Castle by submitting an application as provided by Section 902 prior to allowing the unit to be occupied.
901.2 Landlords residing in Lawrence County may designate a Responsible Agent to be named on the registration and license.
901.3 Landlords residing out of Lawrence County must designate a Responsible Agent that reside in Lawrence County to be named on the registration and license. No P.O. Boxes will be accepted.
901.4 All Residential Rental Property currently occupied on the date of the adoption of this Ordinance shall be registered by the Landlord or Responsible Agent on or before June 30, 2019.
901.5 All other Residential Rental Property shall be registered by the Landlord or Responsible Agent before the Residential Rental Property is let.
SECTION 902 RESIDENTIAL RENTAL PROPERTY PERMIT
902.1 Every Landlord or Responsible Agent shall be required to submit, on a annual basis, a Residential Rental Property permit application, on a form developed by the Department of Code Enforcement, and obtain from the Department of Code Enforcement a Residential Rental Property permit for each Residential Rental Property he or she owns within the City of New Castle which is not owner-occupied including, but not limited to, those properties subject to standard written real estate leases; installment land contracts; articles of agreement; month-to-month tenancies, and any and all agreements, written or oral, wherein the possession of said property is divested from the owner of record.
Exception: Residential Rental Property permit application shall not be required for each Residential Rental Property he or she owns within the City of New Castle which is not owner-occupied where an Articles of Agreement or Installment Loan Contract that has been properly recorded with the Lawrence County Recorder of Deeds and such agreement and said documents are provided to the Code Department and all requirements of Article 1743: Buyer Notification are met. Properties leased with and option to purchase are considered Residential Rental Properties and must be registered pursuant to 902.1.
902.2 Registration Fee.
The residential rental property registration permit fee schedule shall be as follows:
Single Unit Structure: $35. Residential Rental Property Application Fee: Fee is assessed for a structure with one rental unit and is due by December 31st.
Multiple Unit Structure: $35 for the first rental unit; $15 for each additional unit within a structure.
$20 Late fee: Fee for each month a fee and or Completed Residential Rental Property Permit Application is not received a fee of $20 will be assessed on the 1st of the month.
$20 Replacement Fee: Fee for each replacement Residential rental permit issued by the City.
No fees paid to the City are refundable and will not be prorated.
Any incomplete application will be considered past due if not completed by the end of the month.
902.3 Registration Forms.
a.	Registration shall be made upon forms furnished by the City and shall require all of the following information:
	(1)	The street address and parcel identification number of the rental unit(s);
	(2)	The number and types of rental units within the rental property;
	(3)	Name, residence address, and where applicable an E-mail address of all property owners of the rental unit(s);
	(4)	Name, residence address, telephone number, and where applicable an E-mail address, mobile telephone number, and facsimile number of the responsible local agent designated by the owner;
	(5)	The maximum number of bedrooms for each rental unit;
	(6)	The name, telephone number and of all lease-holders, number of occupants and the termination date of the lease;
	(7)	A copy of a current valid occupancy permit for the property be provided at the initial application but shall not be necessary unless there is a transfer of property.
902.4 Accurate and Complete Information.
	All information provided on the registration form shall be accurate and complete. No person shall provide inaccurate information for the registration of a rental unit, or fail to provide the information required for such registration. The registration form shall be signed by the property owner(s) or the designated responsible local agent, where applicable. When the owner is not a natural person, the owner information shall be that of the president, general manager or other chief executive of the organization.
902.5 Change in Registration Information or Transfer of Property.
a.	Except for a change in the registered local agent, the property owner of a rental unit registered with the City shall re-register within 30 calendar days after any change occurs in the registration information.
b.	If the property is transferred to a new owners, the new property owner of a registered rental unit shall re-register the rental unit within 30 calendar days following the transfer of the property.
c.	Property owners shall notify the City of any change in the designation of the registered local agent, including a change in name, address, E-mail address, telephone number, mobile telephone number or facsimile number of the designated registered local agent within five business days of the change.
902.6 Registration Term and Renewals.
Registration of a rental unit shall be effective for one calendar year. All registrations shall expire on December 31st of each year. The property owner shall re-register each rental unit with the City, prior to the expiration of the registration of the rental unit on or before December 31st.
902.7 Responsible Local Agent.
a.	Any owner not residing within Lawrence County, Pennsylvania must designate a responsible local agent. Any "responsible local agent" must reside within Lawrence County, Pennsylvania. The "responsible local agent" shall be responsible for all of the following:
	(1)	Providing access to the rental unit for the purpose of making any and all inspections necessary to ensure compliance with the applicable City Ordinances.
	(2)	Maintaining a list of the names and number of occupants of each rental unit for which he or she is responsible local agent and provide lessee information when requested by a Code Officer for purpose for enforcement; and
	(3)	Accepting all legal notices or services of process from the City with respect to the rental unit(s). In addition, the City shall also be required to serve the Owner of the subject unit with the same legal notices or services of process at the address provided by the Owner on the most recent Rental Registration application provided by the Owner. All such correspondence and process sent to the Registered Local Agent and the Owner shall be by first class mail, or posted at the residence, unless otherwise required by this article or other applicable law or statute.
SECTION 903 REQUIREMENTS TO OBTAIN PERMIT
903.1 Upon the application of the Landlord or Responsible Agent for a Residential Rental Property permit or the renewal thereof, the Department of Code Enforcement shall verify the information on the application is complete and fee is proper for the number of units and any additional fees owed to the City have been paid. The assigned Code Enforcement Officer will verify that there are no outstanding violations on the property that need to be corrected prior to the permit being issued. A signature is required by a Code Enforcement Officer of approval of each permit. All Permit denials shall require notification to the Owner and responsible agent by mail with in 10 days with reason for such denial.
903.2 Revocation of Residential Rental Property Permits for non-compliance of City of New Castle Ordinances. In the event that a violation, after proper notification, is not corrected, a Residential Rental Property permit issued for that address may be revoked until such time the violation is corrected.
903.3 If the Residential Rental Property, or a Unit contained therein, is not brought into compliance within the specified time, the permit of the Landlord or Responsible Agent, or the Landlord or Responsible Agent shall be precluded from permitting the occupancy of the Residential Rental Property or deficient Unit, as the case may be. No permit shall be issued prior to payment in full of all fees applicable to this article.
903.4 Upon a determination that all deficiencies have been satisfactorily corrected and payment of the required permit fee, a Residential Rental Property permit shall be issued to the Landlord or Responsible Agent by the Department of Code Enforcement permitting the occupancy of each Unit within the Residential Rental Property that meets the requirements of this Ordinance.
SECTION 904 VIOLATIONS
904.1 No Landlord or Responsible Agent shall permit the occupancy of a Residential Rental Property or a Unit contained therein, without first having obtained a Residential Rental Property permit or the renewal thereof. Provided, however, that it shall not be a violation of this Ordinance to permit occupancy of a Residential Rental Property or a Unit contained therein, without having first obtained a Residential Rental Property permit, if application has been made, and the Department of Code Enforcement has not conducted an initial inspection of the Residential Rental Property as provided in 903.
SECTION 905 PERMIT DISPLAY REQUIREMENT
Chapter Nine, Section 905 - PERMIT DISPLAY REQUIREMENT, is hereby deleted in its entirety.
SECTION 906 PENALTY
906.1 Notwithstanding any provisions to the contrary, whoever violates any provisions of Chapter 9 shall be punished as provided in Section 101.99 of the Administrative Code, except that the fine shall be no less than $300. Any violation of the provisions of Chapter 9 on any day, shall be a separate and distinct violation and shall subject the violator to separate and distinct penalties.

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Chapter 10 is hereby adopted and set forth as follows:

CHAPTER 10 ANNUAL REGISTRATION OF VACANT BUILDINGS
SECTION 1001 PURPOSE
1001.1 The purpose of this Chapter requiring the registration of all vacant buildings, including dwellings, and the payment of registration fees is to assist the City of New Castle (City) government, particularly the Department of Code Enforcement (DCE) in protecting the public health, safety and welfare of citizens, to monitor the number of vacant buildings in the City, to assess the effects of the condition of those buildings on nearly businesses and the neighborhoods in which they are located, particularly in light of fire safety hazards and unlawful, temporary occupancy by transients, including illicit drug users and traffickers, and to require of the owners of such vacant buildings, their registration and the payment of related fees, and to promote substantial efforts to rehabilitate such vacant buildings.
1001.2 The provisions of this Chapter are applicable to the owners of such vacant buildings as set forth herein and are in addition to and not in lieu of any and all other applicable provisions of this Code and any other applicable ordinances and/or regulations of the City.
SECTION 1002 APPLICABILITY
1002.1 The requirements of this Chapter shall be applicable to each owner of any building that is not a dwelling that shall have been vacant for more than 45 consecutive days and to each owner of residential property consisting of one or more vacant dwellings that shall have been vacant for more than 45 consecutive days. Registration shall be required for all vacant buildings, whether vacant and secure, vacant and open, or vacant and boarded, and shall be required whenever any building has remained vacant for 45 consecutive days or more. This Chapter shall not apply to any building owned by the United States, the State, or the City, nor to any of their respective agencies, political subdivisions, or any held in the Lawrence County Repository.
SECTION 1003 DEFINITIONS
Boarded: A building or structure subject to the provisions of this Chapter shall be deemed to be "boarded" if in place of one or more exterior doors, other than a storm door, or of one or more windows, there is a sheet or sheets of plywood or similar material covering the space for such door or window.
Occupied: Any building or structure shall be deemed to be occupied if one or more persons actually conducts a lawful business or resides in all or any part of the building as the licensed business-occupant, or as the legal or equitable owner/occupant(s) or tenant(s) on a permanent, non-transient basis, or any combination of the same. For purposes of this section, evidence offered to prove that a building is so occupied may include, but shall not be limited to, the regular receipt of delivery of regular mail through the U.S. Postal Service; proof of continual telephone, electric, gas, heating, water and sewer services; a valid City business license, or the most recent federal, state, or City income tax statements indicating that the subject property is the official business or residence address of the person or business claiming occupancy; or proof of pre-rental inspection.
Open: A building or structure subject to the provisions of this Chapter shall be deemed to be "open" if any one or more exterior doors other than a storm door, is broken, open and/or closed but, without a properly functioning lock to secure it, or if one or more windows is broken or not capable of being locked and secured from intrusion, or any combination of the same.
Vacant: A building or structure shall be deemed to be vacant if no person or persons actually currently conducts a lawfully business, or lawfully resides or lives in any part of the building as the legal or equitable owner(s) or tenant-occupant(s), or owner-occupants, or tenant(s) on a permanent, non-transient basis.
SECTION 1004 REGISTRATION STATE; LOCAL AGENT AND REGISTRATION FEE SCHEDULE
1004.1 Registration Statement. Each such owner shall cause to be filed a notarized registration statement, which shall include the street address and parcel number of each such vacant building, the names and addresses of all owners, as hereinafter described, and any other information deemed necessary by the Department of Code Enforcement. The registration fee(s) as required by Subsection 1004.3 of this Chapter shall be billed by the Department of Code Enforcement and shall be paid by January 1 of each year. For purposes of this Chapter, the following shall also be applicable:
(a)	If the owner is a corporation, the registration statement shall provide the name(s) of the designated officer(s) or agent(s) for service of legal process and shall be accompanied by a copy of the most recent annual franchise tax report filed with the Secretary of State;
(b)	If an estate, the name and business address of the executor of the estate;
(c)	If a trust, the name and address of all trustee or designated agent;
(d)	If a partnership, the names and residence addresses of all partners with an interest of 10% or greater.
(e)	If any other form of unincorporated association, the names and residence addresses of all principals with an interest of 10% or greater.
(f)	If an individual person, the name and residence address of that individual person.
(g)	In no instance shall the registration of a vacant building and the payment of registration fees be construed to exonerate the owner, agent or responsible party from responsibility for compliance with any other building code or house code requirement.
(h)	One registration statement may be filed to include all vacant buildings of the owner so registering.
(i)	If the status of the registration information changes during the course of any calendar year, it is the responsibility of the owner, responsible party or agent for the same to contact the Department of Code Enforcement within 30 days of the occurrence of such change and advise the department in writing of those changes.
1004.2 Local Agent. If none of the persons listed, as above, is shown at an address with the State, the registration statement also shall provide the name and address of a person who resides within the State, and who is authorized to accept service of process on behalf of the owners and show shall be designated as a responsible, local party or agent, both for purposes of notification in the event of an emergency affecting the public health, safety or welfare and for purposes of service of any and all notices or registration statements as herein authorized and in connection herewith.
1004.3 Registration Fee Schedule. The owner of the vacant property as of November 15 of each calendar year, shall be responsible for the payment of the non-refundable registration fee. Said fee shall be billed by the Department of Code Enforcement, it shall be placed in a separate escrow account for the purpose of addressing the problem of vacant, blighted properties to include all expenditures, administrative and operative, and shall be based on the duration of the vacancy as determined by the following schedule:
(a)	No fee for properties that are vacant for less than one year;
(b)	$200 for residential properties (up to two units) that are vacant for at least one year but less than two years; $500 for all other properties that are vacant for at least one year but less than two years;
(c)	$500 for residential properties (up to two units) that are vacant for at least two years but less than three years; $1,000 for all other properties that are vacant for at least two years but less than three years;
(d)	$1,000 for residential properties (up to two units) that are vacant for at least three years but less than five years; $2,000 for all other properties that are vacant for at least three years but less than five years;
(e)	$1,750 for residential properties (up to two units) that are vacant for at least five years but less than 10 years; $3,500 for all other properties that are vacant for at least five years but less than 10 years; and
(f)	$2,500 for residential properties (up to two units) that are vacant for at least 10 years, plus an additional $500 for each year in excess of 10 years; $5,000 for all other properties that are vacant for at least 10 years, plus an additional $500 for each year in excess of 10 years.
1004.4 Delinquent Registration Fees as a Lien. After the owner is given notice of the amount of the registration fee due, except for those owners that have properly perfected an appeal pursuant to Chapter 1, Section 111 entitled "Means of Appeal," and the owner fails to pay the amount due, said amount shall constitute a debt due and owing to the City, and the City may commence a civil action to collect such the unpaid debt.
SECTION 1005 WAIVER OF REGISTRATION FEE
1005.1 One Time Waiver of Registration Fee. A one-time waiver of the registration fee may be granted by the Housing Code Hearing Board upon application of the owner if the owner:
(a)	Demonstrates with satisfactory proof that the owner is in the process of demolition, rehabilitation, or other substantial repair of the vacant building; and
(b)	Objectively demonstrates the anticipated length of time for the demolition, rehabilitation, or other substantial repair of the vacant building; or
(c)	Provides satisfactory proof that the owner was actively attempting to sell or lease the property during the vacancy period.
1005.2 Two-year Waiver. Upon application by the owner and satisfaction of Subsection 1005.1 above, the Housing Code Hearing Board may grant a two-year waiver of the registration fee if the owner meets the criteria for non-profit organizations as defined by Section 501(c)(3) of the Internal Revenue Code.
CHAPTER 11 RESIDENTIAL RENTAL PROPERTY CERTIFICATION
SECTION 1101 PURPOSE
1101.1 The purpose of this chapter is to establish an inspection and certification process to ensure that rental units within the City of New Castle are safe and habitable for occupancy and meet the minimum requirements set by the International Property Maintenance Code as adopted in Article 1761.
SECTION 1102 DEFINITIONS
For purposes of this section, the following definitions shall apply:
Code Officer or Designated Inspection Agent: The official or persons designated by the City to enforce this Chapter.
Codes: Any state or local code or ordinance adopted, enacted or in effect in and for the City of New Castle relating to or concerning the fitness for habitation, construction, maintenance, operation, use or appearance of any premises or dwelling unit.
Conditional Occupancy: Means that a rental unit may be occupied on a conditional basis, provided that certain requirements established by the Code Officer or Designated Inspection Agent are addressed within a specified time frame.
To Let for Occupancy or Let: To permit possession or occupancy of a dwelling, dwelling unit, rooming unit, building or structure by a person who is a legal or equitable owner or not the legal owner of record thereof, pursuant to a written or unwritten agreement, with or without consideration.
Owner: The legal title owner by deed or equitable owner of a property. The term includes the owner or owners of the freehold of the premises or lesser estate therein, a mortgage or vendee in possessions, assignee of rents, receiver, executor, trustee, lessee or other person, firm or corporation in control of a building or of premises, or their duly authorized agents.
Person: An individual, firm, corporation, association, partnership or public entity.
Residential Rental Permit: A document issued by the City of New Castle Code Enforcement Office pursuant to Section 902 to the Owner or Responsible Agent or manager of a Residential Rental Unit within the City of New Castle.
Residential Rental Property: A property which contains one or more Residential Rental Units which are not owner-occupied and which do not meet the exception criteria set forth in Section 902.2.
Residential Rental Registration: The annual registration of all individual Residential Rental Units within the City of Castle as require under Chapter 9, Section 901, resulting in the issuance of a Residential Rental Permit.
Residential Rental Inspection Certification: A Certification issued by the City Department of Code Enforcement or the City's Designated Inspection Agent certifying that the Residential Rental Unit is compliant with all required provisions of the International Property Maintenance Code as adopted by the City of New Castle. A Residential Rental Inspection Certification is issued subsequent to an Inspection performed tri-annually (every three years) by the City Department of Code Enforcement or the City's Designated Inspection Agent, and after correction of any violations or conditions noted in the inspection report.
Residential Rental Unit: A rooming unit or a dwelling unit let for rent, or a residential unit occupied by persons other than the owner and his or her immediate family members (which term only includes the owner's parents, parents-in-law, or adult children). A Residential Rental Unit separately houses an individual or individuals within the unit and contains at least one bathroom. The term includes the following properties let for rent: a single family dwelling;, apartment building or house; multi-family dwellings; duplexes, triplexes; condominiums; townhouses; or portion of any building modified to include a residential unit within. The term shall not include a hotel room, motel room, owner- occupied housing if the structure is a single family home or is the owner-occupied portion of a multi-unit dwelling, or other structures used for transient residence.
Responsible Agent: A person authorized by the Owner to act on his behalf in the management, leasing, and maintenance of Residential Rental Property. A Responsible Agent must reside or have a principal office address in Lawrence County, Pennsylvania.
Structure Unfit for Human Occupancy: Is whenever the Code Official or designated agent applying the relevant code 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 the relevant code or because the location of the structure constitutes a hazard to the occupants of the structure or to the public.
Transient: Any individual residing or stopping in the City of New Castle for less than 30 days at any one time.
Unsafe Structure: 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.
Unsafe Equipment: Any boiler, heating equipment, elevator, moving stairway, electrical wiring or device, flammable liquid container or other equipment on the premises or within the structure which is in such disrepair or condition that such equipment is a hazard to life, health, property or safety of the public or occupants of the premises or structure.
SECTION 1103 DUTY TO OBTAIN A RESIDENTIAL RENTAL INSPECTION CERTIFICATION
1103.1 Inspection Required. Every owner of a Residential Rental Property which requires a Residential Rental Property Permit under Article 1761, Chapter 9, Section 902 of the Codified Ordinances shall be required to obtain an inspection for each Residential Rental Unit within the Residential Rental Property. Certification from the Department of Code Enforcement or its designee for all Residential Rental Units within the City of New Castle shall be obtained by having a rental inspection performed by the City's Designated Inspection Agent and compliance with any notice of violations or corrections in the time frame provided.
1103.2 Frequency. The inspection under Section 1103.1 shall be required no more than once every three years for each Residential Rental Unit, on a schedule determined by the City Department of Code Enforcement or by the City's Designated Inspection Agent. The inspection of multiple Residential Rental Units within a Residential Rental Property shall be performed during one visit, if feasible. For larger multi-dwelling unit structures, inspections of individual Residential Rental Units shall occur within one week, if feasible.
1103.3 Notification and Response. The City Department of Code Enforcement or the City's Designated Inspection Agent shall provide written notice to the Owner or Responsible Agent of each Residential Rental Property of the intent to perform an inspection of the Residential Rental Units within each Residential Rental Property. Upon receipt of the Notice of the intent to perform an inspection, the Owner or Responsible Agent shall respond to the request for inspection within 14 days to schedule the inspection. The Notice of intent to inspect shall provide the Owner or Responsible Agent with information regarding how to schedule an inspection and the pre-payment method in accordance with the Fee Schedule set forth in this Chapter.
1103.4 Attendance. The Owner or Responsible Agent shall be present and accompany the inspector for the inspection.
1103.5 Certification Required for Occupancy.
(a)	It is unlawful for an Owner or Responsible Agent to allow a Residential Rental Unit to be occupied without having first obtained a Residential Rental Inspection Certification. The prohibition on occupancy shall not apply to any time period occurring prior to the first rental inspection performed on a Residential Rental Unit under the requirements of this Chapter, or to any delay in the scheduling and performance of inspections which is caused by the City or its Designated Inspection Agent.
(b)	An Owner or Responsible Agent may, in the discretion of the Code Enforcement officer or designated inspection agent, be granted temporary permission for Conditional Occupancy as noted on the initial inspection report which permits occupancy of the Residential Rental Unit during the re-inspection period or additional re-inspections period(s) in order to correct the violations or conditions listed on the inspection report, if the violations or conditions do not involve an Unsafe Structure, Unsafe Equipment, or a Structure Unfit for Human Occupancy and do not involve a condition which may jeopardize the health, safety, and welfare of the occupant or other persons or property. The Code Enforcement Department may revoke a Residential Rental Permit if no Certification is obtained in accordance with this Chapter within the time frame provide for correction of any violations or conditions noted on the inspection report or if the Owner or Responsible Agent fails to schedule any inspections required by this Chapter or fails to participate and cooperate in the inspection process.
1103.6 Exemptions. Any Residential Rental Property which is owned or managed by the Lawrence County Housing Authority, or owned by any other person, which is required to be inspected by a certified inspector in conformance with United States Department of Housing and Urban Development requirements at least once every three years shall be exempt from the requirements of this section. The Owner, Manager, or Registered Agent of any such property shall furnish to the Department of Code Enforcement or its designated agent a copy of the inspection results within 10 days of the receipt thereof.
SECTION 1104 RESIDENTIAL RENTAL PROPERTY INSPECTION CERTIFICATION REQUIREMENTS
1104.1 Violations or conditions requiring repair identified during the inspection and noted on the inspection report shall be corrected by the assigned date and a re-inspection of the property shall be performed when requested by the City Code Enforcement Officer or City's Designated Inspection Agent to ensure correction of all violations or conditions requiring repair. The Code Enforcement Officer or the City's Designated Inspection Agent may, in his or her discretion, provide additional time for correction of violations or conditions which have not been corrected as of the date of re-inspection. Each additional re-inspection shall require pre-payment of the reinspection fee set forth in Section 1105.
1104.2 The property must be currently compliant with Chapter 9 of Article 1761 Rental Property Registration and remain current each year.
1104.3 The property must remain in compliance with the requirements of Article 1761 at all times.
1104.4 All fees due under this Chapter must be paid to the City Code Enforcement Office or to its designated inspection agent prior to the inspection being scheduled as directed in the Notification to the Owner or Responsible Agent. Any additional fees are to be paid as directed by Code Enforcement Office or the City's designated inspection agent.
1104.5 A current and unexpired Residential Rental Property Inspection Certification transfers to a new owner upon sale of the property.
SECTION 1105 FEES
1105.1 Fees.
$60	Per each Residential Rental Unit for the initial inspection which includes one re-inspection.
$45	Each additional re-inspection per Residential Rental Unit.
$60	No show fee after waiting 15 minutes past scheduled inspection time.
SECTION 1106 ADDITIONAL INSPECTIONS
1106.1 The requirements of this chapter do not exempt any property from additional inspections and requirements to comply with Notices of Violations or Citations issued from the Department of Code Enforcement under Article 1761. The Department of Code Enforcement may revoke a Residential Rental Permit or Residential Inspection Certification if additional Notice of Violations or Citations are issued and not corrected.
SECTION 1107 VIOLATIONS
1107.1 Each Owner or Responsible Agent shall be responsible to comply with this chapter and it shall be considered a violation for each item that is not in compliance.
SECTION 1108 PENALTY
1108.1 Notwithstanding any provisions to the contrary, whoever violates any provisions of Chapter 11 shall be punished as provided in Section 101.99 of the Administrative Code, except that the fine shall be no less than $300 and no more than $1,000. Any violation of the provisions of Chapter 11 on any day, shall be a separate and distinct violation and shall subject the violator to separate and distinct penalties.
SECTION 1109 DESIGNATED INSPECTION AGENT/ENFORCEMENT
1109.1 The City of New Castle may, by written contract, designate the duties and enforcement authority under this Chapter to a third party inspector, including, but not limited to, a natural person, partnership, company, corporation, and their agents, employees or contractors. Any individual performing inspections as set forth in this Chapter shall be trained, and if required by state law or the Codified Ordinances, certified in building inspections under the International Property Maintenance Code as adopted by the City of New Castle. The third party and its employees and agents are authorized to issue notices of violations and citations under Sections 1107 and 1108, and to prosecute violations in the Court of Common Pleas of Lawrence County and its subordinate courts in the same capacity and with the same authority as a Code Enforcement Officer of the City of New Castle.
1109.2 If required by state law, the Code Enforcement Department shall provide a copy of this Ordinance and any written contract designating an inspection agent to the Department of Community and Economic Development with all required information.