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.
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SECTION 103
DEPARTMENT OF CODE ENFORCEMENT
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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.
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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.
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Section 103.2 "Appointment," Section 103.3 "Deputies" and Section
103.5 "Fees" are hereby deleted.
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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.
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Violations and Penalties:
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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.
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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.
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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.
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110.5 Emergency demolition:
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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.
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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.
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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.
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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.
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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.
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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:
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1.
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Architecture.
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2.
|
Structural or mechanical engineering.
|
3.
|
Plumbing.
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4.
|
Masonry.
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5.
|
Building construction.
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6.
|
Fire protection.
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7.
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Carpentry.
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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.
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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.
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111.2.2 Powers of the Housing Code Hearing Board. The Housing
Code Hearing Board shall have the following powers and duties:
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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"Landlord" means any owner of Residential Rental Property who
lets or intends to let the same for occupancy.
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"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.
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"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.
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"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.
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"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.
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"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:
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(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.
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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.
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(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)
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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.
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(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.
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(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.
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(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.
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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.
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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.
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302.5.1 Proof of extermination shall be provided to the Department
of Code Enforcement.
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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.
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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.
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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.
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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.
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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.
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Exception: Screen doors shall not be required where
other approved means, such as air curtains or insect repellent fans
are employed.
|
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.
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309.1.1 Proof of extermination shall be provided to the Department
of Code Enforcement.
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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.
|
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.
|
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.
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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.
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(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
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(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.
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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.
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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.
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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.
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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.
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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.
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SECTION 905
PERMIT DISPLAY REQUIREMENT
| ||
Chapter Nine, Section 905 - PERMIT DISPLAY REQUIREMENT, is hereby
deleted in its entirety.
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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
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.
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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.
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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;
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(b)
|
If an estate, the name and business address of the executor
of the estate;
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(c)
|
If a trust, the name and address of all trustee or designated
agent;
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(d)
|
If a partnership, the names and residence addresses of all partners
with an interest of 10% or greater.
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(e)
|
If any other form of unincorporated association, the names and
residence addresses of all principals with an interest of 10% or greater.
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(f)
|
If an individual person, the name and residence address of that
individual person.
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(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.
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(h)
|
One registration statement may be filed to include all vacant
buildings of the owner so registering.
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(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.
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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.
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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.
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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.
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