[Ord. 2491 § 201, 1960; Ord. 3697 §
2, 2012]
The health officer shall be responsible for the administration
and enforcement of this code.
[Ord. 2491 § 202, 1960; Ord. 3697 §
2, 2012]
The health officer may delegate to any other properly qualified
officer or employee of the board of health any power or duty vested
to him by this code, except that the health officer may not delegate
his power or duty to issue regulations pursuant to MMC 1905.03.
[Formerly 1905.04. Ord. 2491 §
204, 1960; Ord. 3697 § 2, 2012]
(A) The
board of health is hereby authorized to make, adopt and issue such
written rules and regulations setting forth such standards, conditions
and other specifications as they deem advisable for the proper interpretation
and enforcement of the provisions of this code, with approval of council.
The rules and regulations may include but shall not be limited to
matters respecting:
[1-18-2023 by Ord. No. 3806-2022]
(1) Required facilities, utilities and fixtures, illumination, ventilation,
heating, structural condition, good repair and sanitary maintenance
of rooming houses, dormitories and bed and breakfasts.
(2) The sanitary condition and maintenance of rooming houses, dormitories
and bed and breakfasts.
(3) The occupancy of rooming houses, dormitories and bed and breakfasts.
(4) The elimination and prevention of infestation in rooming houses,
dormitories and bed and breakfasts.
(5) The conditions under which a license for the operation of a rooming
house, dormitory or bed and breakfast may be granted.
(6) The records to be kept by rooming house, dormitory and bed and breakfast
operators.
(B) The
rules and regulations shall not be in conflict with the provisions
of this code or with any other ordinance or law of the city, state
or federal government.
(C) The
rules and regulations shall have the same force and effect as the
provisions of this code, and the penalty for their violation shall
be the same as the penalty for the violation of the provisions of
this code.
(D) The
board of health shall, 30 days prior to the issuance of any rules
and regulations, with the approval of council, cause to have printed
and advertised in accordance with the Third Class City Code such rules
and regulations, and shall file a copy of the proposed rules and regulations
readily accessible to the public in the office of the city clerk.
(E) A
copy of all rules and regulations issued by the board of health shall
be kept on file in the office of the city clerk.
[Formerly 1905.05. Ord. 2491 §
205, 1960; Ord. 3697 § 2, 2012; 1-18-2023 by Ord. No. 3806-2022]
Subject to the limitations of the Constitutions of the United
States and of the Commonwealth of Pennsylvania and the Third Class
City Code, and in order to carry out the purpose and provisions of
this code, the health officer or any other officer or employee of
the board, upon showing proper identification of office, may enter,
examine, survey and inspect any rooming house, rooming unit, dormitory,
bed and breakfast and premises at all reasonable times and, in an
emergency, at any time. The owner, operator or occupant of every rooming
house, dormitory, bed and breakfast, rooming unit and premises shall
give the health officer or his agent free access for the purpose of
such inspection, examination and survey.
[Formerly 1905.09. Ord. 2491 §
209, 1960; Ord. 2516 § 1, 1961; Ord.
3697 § 2, 2012]
(A) Any
person aggrieved by a violation notice may request and shall be granted
a hearing in the manner provided in this section. The person requesting
a hearing shall, within 10 days from the day the notice was served,
file in the office of the city clerk a petition for a hearing on forms
provided by the board of health. The secretary of the board of health
shall immediately refer the petition to the hearing board, which shall
set a time and place for the hearing and shall give the petitioner
written notice thereof. The hearing shall be held before the board
not more than 10 days from the day the petition was filed, except
that upon application of the petitioner or upon its own motion, the
board may delay the time of the hearing for not more than 40 days
from the day the petition for a hearing was filed if there is good
and sufficient reason for delay. The petitioner shall have the right
to appear at the hearing in person or to be represented by an attorney
or by any other person.
(B) After
the hearing, the board shall sustain, modify or revoke the notice
of the health officer. If the board sustains or modifies the notice
it shall be deemed to be an order. If the board finds that by reason
of the hearing it is not possible for the petitioner to comply with
the order within the time specified in the original notice of the
health officer, the board may extend the time for compliance.
(C) Any
notice served pursuant to MMC 1905.08 will automatically become an
order if a written petition for a hearing is not filed in the office
of the secretary of the board of health within 10 days from the day
the notice was served.
(D) After
a hearing in the case of any notice suspending any license required
by this code or by any rule or regulation adopted pursuant thereto,
when such notice has been sustained by the board of health, the license
shall be deemed to have been revoked. Any such license which has been
suspended by a notice shall be deemed to be automatically revoked
if a petition for hearing is not filed in the office of the secretary
of the board of health within 10 days after such notice is served.
[Formerly 1905.10. Ord. 2491 §
210, 1960; Ord. 3697 § 2, 2012]
(A) Whenever
the health officer determines that an emergency exists which necessitates
immediate action to protect the public health, safety or welfare,
he shall, without prior notice, issue a written order reciting the
existence of the emergency and requiring whatever action he deems
advisable to meet the emergency.
(B) Notwithstanding
the provisions of MMC 1905.05 and 1905.08, such order shall be effective
immediately. Any person to whom such order is directed shall comply
therewith immediately, but upon petition to the board of health shall
be afforded a hearing as soon as possible. After such hearing, depending
upon his findings as to whether the provisions of this code and of
the rules and regulations adopted pursuant thereto have been complied
with, the board of health shall continue such order in effect, or
modify or revoke it.
[Formerly 1905.11. Ord. 2491 §
211, 1960; Ord. 3697 § 2, 2012]
(A) In
the event of the failure to comply with an order issued pursuant to
any section of this code, the board of health may institute appropriate
actions or proceedings at law or in equity to restrain, correct or
abate the violation of the order, or they may cause the order to be
carried out at the expense of the city. The city may recover the amount
of the expense by action of assumpsit or, where appropriate, in the
manner provided by law for the collection of municipal claims under
the Act of May 16, 1923, P.L. 207, or any amendments or reenactments
thereof.
(B) Any
person failing to comply with an order issued pursuant to any section
of this code may also be prosecuted for a violation of this code in
accordance with MMC 1905.09.
[Ord. 2491 § 208, 1960; Ord. 3697 §
2, 2012]
(A) Whenever
the health officer determines that there has been a violation of any
provision of this code or of any rule or regulation issued thereunder,
he shall give notice of the alleged violation in the manner provided
in this section to the person or persons responsible for compliance
under this code. The notice shall be in accordance with notice requirements
of the Meadville property maintenance code.
(B) Service
of the notice shall be made in accordance with the notice service
requirements of the Meadville property maintenance code.
[Formerly 1905.99. Ord. 2491 §
101, 1960; Ord. 3697 § 2, 2012]
Whoever violates any provision of this code or any rule or regulation
adopted by the health officer pursuant to the authority granted by
this code shall, upon conviction, be fined not more than $1,000 and
costs, and in default of payment of the fine and costs shall be imprisoned
for not more than 30 days. Each day’s failure to comply with
any such provision or any rule or regulation shall constitute a separate
violation. The unauthorized removal of notices or orders posted in
accordance with MMC 1905.08 shall constitute a violation of this code.
The provisions for penalties contained in this section are in addition
to any other remedies provided by this code.