City of Harrisburg, PA Chapter 8-107 Property Maintenance Code

[HISTORY: Adopted by the City Council of the City of Harrisburg by Ord. No. 15-1994. Amendments noted where applicable.]

CROSS-REFERENCES

Fire Prevention Code: see Chs. 3-901, 3-903 and 3-905.

Local Agency Law: see Subchapter B of Chapters 5 and 7, Act of April 28, 1978, as amended, 2 Pa.C.S.A. §§ 105, 551 to 555 and 751 to 754.

§ 8-107.1 Intent and purpose.

[Amended 3-26-2024 by Ord. No. 2-2024]

A. It is the intent and purpose of this chapter to adopt a modern property maintenance code which will prescribe effective standards and minimum requirements for the safeguarding of persons, buildings, and premises located in the City and protect the public health and safety of citizens against the hazards of inadequate, defective, or unsafe existing structures.

B. It is the intent of the Council of the City of Harrisburg to provide a legal framework and mechanisms to reduce blight and improve public safety, public health, and the quality of life for those living and working in the City through a modernization of these code provisions.

C. The Council intends and directs that in any instance that term "owner" is used in this chapter, for the purposes of the City's enforcement of this chapter, it is intended and shall mean any person, agent, operator, firm, corporation, or other entity having legal or equitable interest in the property; or recorded in the official records of any state, county, or municipality as holding title to the property; or otherwise having control of the property, including the guardian of the estate of any such person and the executor or administrator of the estate of such person if ordered to take possession of real property by a court.

§ 8-107.2 Adoption of standards.

[Amended 11-13-2001 by Ord. No. 20-2001]

In accordance with Section 608 of the Optional Third Class City Charter Law, Act of July 15, 1975, P.L. 901, as amended, 53 P.S. § 41608, and Sections 11018.13 and 141A04 of the Third Class City Code, Act of November 24, 2015, as amended, 11 Pa. C.S. §§ 11018.13; 141A04, there is hereby adopted by the City, for the purpose of prescribing specifications and regulations to ensure the continued structural safety of buildings and housing existing within the City, that certain Property Maintenance Code known as the International Property Maintenance Code, 2018 Edition and Appendix A Boarding Standard (relating to the boarding up of properties), as supplemented and published by the International Code Council, except such provisions which are in conflict with state law on the subject of regulations issued by a state agency by virtue of state law. Three copies of the adopted Property Maintenance Code are presently on file in the office of the City Clerk, and such code is hereby incorporated as if fully set forth at length herein. The provisions of the adopted Property Maintenance Code shall be controlling within the limits of the City, except as amended by the provisions of this chapter.

§ 8-107.3 Amendments.

[Added 11-13-2001 by Ord. No. 20-2001;[1] amended 3-26-2002 by Ord. No. 4-2002; 3-25-2003 by Ord. No. 8-2003; 12-23-2003 by Ord. No. 37-2003; 11-27-2007 by Ord. No. 22-2007; 3-26-2024 by Ord. No. 2-2024]

The following sections of the International Property Maintenance Code, 2018 Edition, as adopted herein, are deleted in their entirety, and replaced as indicated:

A. Chapter 1.

(1) Part 1, Scope and Administration.

(a) Section 101, General. Section 101.1 is amended to read as follows:

§ 101.1 Title. These regulations shall be known as the "Property Maintenance Code of the City of Harrisburg," hereinafter referred to in this chapter as "this Code."

(2) Part 2, Administration and Enforcement.

(a) Section 103, Bureau of Codes.

[1] Sections 103.1 and 103.2 are amended to read as follows:

§ 103.1 General. The City of Harrisburg Bureau of Codes (referred to in this Code as "department of property maintenance inspection"), or any other department, bureau or division of the City designated by the Mayor, shall administer and enforce this Code or any part thereof, and the executive official in charge thereof shall be known as the Codes Administrator (referred to in this Code as "code official").

§ 103.2 Appointment. The Codes Administrator shall be appointed by the Mayor.

[2] Section 103.5 is amended to read as follows:

§ 103.5 Fees. The fee schedule for activities and services performed by the Bureau of Codes or any other department, bureau, or division designated by the Mayor in carrying out its responsibilities under this Code shall be established by the Mayor with the advice, consent, and approval of the City Council. The then-current fees schedule shall be made available to the public through the City Clerk's Office and the Bureau of Codes.

(b) Section 104, Duties and Powers of the Code Official.

[1] Section 104.3 is amended to read as follows:

§ 104.3 Right of entry. The Codes Administrator or designee is authorized to enter a structure or premises at reasonable times to inspect. Prior to entering into a space not otherwise open to the general public, the Codes Administrator shall make a reasonable effort to locate the owner or any other person having charge or control of the structure or premises, present proper identification, and request entry. If any owner, operator, occupant, or other person in charge of premises subject to the provisions of this Code refuses, impedes, inhibits, interferes with, restricts or obstructs entry and free access to any part of the structure or premises where inspection authorized by this Code is sought, the Codes Administrator or designee may seek to have issued to him or her a search warrant by a competent issuing authority for the purpose of compelling such owner, occupant or other person to permit the inspection of the premises involved for the purposes authorized by this Code.

(c) Section 107, Notices and Orders.

[1] Section 107.1 is amended to read as follows:

§ 107.1 Notice to Person Responsible. Except as otherwise provided in the Codified Ordinances of the City of Harrisburg, whenever the code official determines that there has been a violation of this code or has grounds to believe that a violation has occurred, notice shall be given in the manner prescribed in Sections 107.2 and 107.3 to the person responsible for the violation as specified in this code. Notices for condemnation procedures shall comply with Section 108.3.

[2] Section 107.3 is amended to read as follows:

§ 107.3 Method of service.

(a)	Personal service, certified or registered mail. Such notice shall be deemed to be properly served upon such owner if:
	i.	A copy thereof is personally delivered to the owner or other responsible person; or
	ii.	A copy of the notice is left at the owner's usual place of abode in the presence of someone in the family of suitable age and discretion who shall be informed of the contents thereof; or
	iii.	A copy of the notice is sent by certified or registered mail, return receipt requested, addressed to the owner at his or her last known address; or
	iv.	Conventional commercial; or
	v.	Electronic transmission, except when prior to the electronic transmission, a person subject to the property maintenance code expressly opts out in writing of any future electronic delivery of documents.
(b)	Posting and mailing. If service is not made under Subsection (a) above, or if the certified or registered letter is returned with receipt showing that it has not been delivered, service of any document hereunder shall be deemed to be properly served if:
	i.	A copy thereof is posted in a conspicuous place in or about the structure or property affected by such notice; and
	ii.	A copy thereof is mailed to or left for the owner, the owner's attorney, or the owner's appointed or authorized agent at the agent's last known address. "Mailing" hereunder is deemed to have occurred if said notice is mailed, via the United States Postal Service, postage-prepaid, to the then last known address, and said mail is not returned within 15 days from the date of mailing.
(c)	Electronic notice and delivery. The City of Harrisburg, through the Bureau of Codes, or any other department, bureau, or division designated by the Mayor, may deliver documents in record form to an address for email or other electronic communications supplied to the City by the person until the person notifies the City in record form that the person no longer wishes to have documents delivered to that address. For the purposes of this chapter, documents shall include any notice of violation or other matter, order, or other communication regarding the property.
(d)	Recognition of annual report filings. The City of Harrisburg hereby adopts, recognizes, and incorporates by reference the required annual report filings with the Pennsylvania Corporation Bureau by any licensed or unlicensed entity doing business within the City of Harrisburg, as provided in accordance with Pennsylvania Act No. 122 of 2022. Delivery by the City to any registered entity at any physical or electronic address contained in the most-recent required annual report on file with Corporation Bureau shall be deemed to satisfy any notice obligation of the City for any violation, obligation, order, decision, or notice of the City under this chapter.
(e)	Recognition of information filed under Federal Corporate Transparency Act. The City of Harrisburg hereby recognizes and authorizes reliance on filings made with the Financial Crimes Enforcement Network ("FinCEN"), as part of any Beneficial Ownership Information Reporting. Delivery by the City to any registered entity at any physical or electronic address contained in the most-recent required Beneficial Ownership Information Report on file with FinCEN shall be deemed to satisfy any notice obligation of the City for any violation, obligation, order, decision, or notice of the City under this chapter.

(d) Section 108, Unsafe Structures and Equipment.

[1] Section 108.1 is amended to read as follows:

§ 108.1 General. When a structure or equipment is found by the code official to be unsafe, or when a structure is found unfit for human occupancy, or is found open to unauthorized entry, or is found unlawful, such structure shall be condemned pursuant to the provisions of this code.

[2] Section 108.2 is amended to read as follows:

§ 108.2 Closing of vacant structures or premises.

If the structure or premises is vacant, unfit for human habitation, or occupancy and is not in danger of collapse, the Codes Administrator, or designee, is authorized to post a placard of condemnation on the premises and order the structure closed up so as not to be an attractive nuisance. Upon failure of the owner to close the premises within the time specified in the order, the Codes Administrator, or designee, shall cause the premises to be closed through any available public agency or by contract or arrangement with private persons or entity. Any expense incurred in so doing, together with a penalty of 10% of such expense, shall be entered as a municipal claim against the real estate upon which the structure is located in accordance with the provisions of law governing the entry of a municipal claim or may be collected from the property owner in an action in assumpsit.

[3] Sections 108.2.2 and 108.2.3 are amended to read as follows:

§ 108.2.2. No exterior window, skylight or door frame of any structure facing toward or visible from a public right-of-way shall be covered with plywood, metals or other nonapproved material for a period longer than 60 days. After 60 days, all temporary cover over exterior windows, skylights and doors that face toward or are visible from a public right-of-way shall be removed, and such exterior windows, skylights and doors shall be restored and secured from unauthorized entry.

§ 108.2.3. Restoration of exterior windows, skylights and doors must include proper fitting window and door frames, hardware, locks, and glazing, which must be maintained in proper working condition. Alternatives for windowpane installations such as plexiglass or other clear impact-resistant materials must be approved by the Codes Administrator or designee. Restoration of exterior windows must also include the covering of the windows from the inside with openable window treatments, such as blinds or curtains. All exposed exterior metal or wood surfaces shall be protected from the elements and against decay or rust.

[4] Section 108.7 is amended to read as follows:

§ 108.7 Record. The code official shall cause a report to be authored on an unsafe condition. The report shall state the occupancy of the structured and the nature of the unsafe condition.

(e) Section 110, Demolition.

[1] Section 110.3 is amended to read as follows:

§ 110.3 Failure to Comply. If the owner of a premises fails to comply with a demolition order within the time prescribed, the code official may cause the structure to be demolished and removed, either through an available public agency or by contract or arrangement with private persons, and the cost of such demolition and removal shall be charged against the real estate upon which the structure is located and shall be a lien upon such real estate.

[2] Section 110.5 is added to read as follows:

§ 110.5 Demolition needed for renovation of a structure.

	§ 110.5.1 Application for building/demolition permit. An application for a building/demolition permit must be submitted to the Bureau of Codes of the City of Harrisburg.
	§ 110.5.2 Approval of Codes Administrator. All work shall meet with the Codes Administrator's or designee's approval before authorization to proceed is granted. All demolition work shall follow all guidelines set forth hereunder as amended for the purposes of demolition pursuant to the act of renovation or restoration of a structure.
	§ 110.5.3 General.
	(a)	Where applicable, federal and commonwealth laws, rules and regulations governing any and all phases of the demolition work shall be observed at all times. This includes, but is not limited to, work safety rules, asbestos abatement, lead abatement or abatement of any environmental hazard.
	(b)	No structure or part thereof, or any floor of temporary support, or scaffold, sidewalk shed or bridge, or any device or equipment shall be loaded in excess of the safe carrying capacity which shall never be considered more than 1/3 of its ultimate structural strength.
	(c)	Where applicable, walkways and passageways shall be provided for the use of the workers, who shall be instructed to use them, and all such walkways and passageways shall be kept adequately lighted and free from debris and other materials.
	(d)	Where applicable, protruding nails in any kind of lumber shall be withdrawn, hammered in, or bent over as soon as such lumber is removed from the structure being demolished, and all nail-bearing lumber shall be placed in piles for future removal.
	(e)	On every demolition job, danger signs shall be conspicuously posted around the property, and all doorways and thoroughfares giving access to the property shall be kept barricaded except during the actual passage of workers or equipment.
	(f)	Where applicable, during the hours of darkness, red lights or flares shall be placed on or about all barricaded public ways.
	(g)	It shall be the responsibility of the person/persons issued the building permit to take the measures necessary to ensure the public safety around the site where the work is being done until all work is completed.
	(h)	It shall be the responsibility of the person/persons issued the building permit to repair any damage that may occur to adjacent public or private property as a result of demolition or construction activity.
	§ 110.5.4 Site preparation.
	(a)	Written notice of the proposed work shall be provided to the adjacent property owner and their tenants one week prior to the beginning of the work.
	(b)	Any structural damage that would cause those working in or around the site undo risk, shall be shored or braced in accordance with accepted engineering practice before work at the site may begin.
	(c)	All affected utilities (gas, electric, telephone, water, sewer, and cable) shall be either disconnected or properly protected so as not to cause harm to workers, the public or property.
	(d)	All floor openings and shafts not used for material chutes shall be floored over or enclosed with guardrails and toe boards.
	§ 110.5.5 Removal of materials.
	(a)	No materials shall be dropped by gravity to any point lying outside the exterior walls of the building except through enclosed wooden or metal chutes.
	(b)	Proper precautions shall be taken to prevent workers from falling into the loading end of the chute.
	(c)	Proper precautions shall be taken to prevent anyone from being hit by flying debris on the discharge end of the chute.
	(d)	Debris shall be removed from the job site to an approved disposal site in a timely manner.

[3] Section 110.6 is added to read as follows:

§ 110.6 Demolition of structures three stories above ground or less.

	§ 110.6.1 Application for building/demolition permit. An application for a building/demolition permit must be submitted to the Bureau of Codes of the City of Harrisburg.
	§ 110.6.2 Approval of Codes Administrator. All work shall meet with the Codes Administrator's or designee's approval before authorization to proceed is granted. All demolition work shall follow all guidelines set forth hereunder as amended for the purposes of demolition of structures three stories above grade or less.
	§ 110.6.3 General.
	(a)	Where applicable, federal and commonwealth laws, rules and regulations governing any and all phases of the demolition work shall be observed at all times. This includes, but is not limited to, work safety rules, asbestos abatement, lead abatement, or abatement of any environmental hazard.
	(b)	On every demolition job, danger signs shall be conspicuously posted around the property, and all doorways and thoroughfares giving access to the property shall be kept barricaded except during the actual passage of workers or equipment.
	(c)	Where applicable, during the hours of darkness, red lights or flares shall be placed on or about all barricaded public ways.
	(d)	It shall be the responsibility of the person/persons issued the building permit to take the measures necessary to ensure the public safety around the site where the work is being done until all work is completed.
	(e)	It shall be the responsibility of the person/persons issued the building permit to repair any damage that may occur to adjacent public or private property as a result of demolition or construction activity.
	§ 110.6.4 Site preparation.
	(a)	Written notice of the proposed work shall be provided to the adjacent property owner and their tenants one week prior to the beginning of the work.
	(b)	Any structural damage that would cause those working in or around the site undo risk, shall be shored or braced in accordance with accepted engineering practice before work at the site may begin.
	(c)	All affected utilities (gas, electric, telephone, water, sewer, and cable) shall be either disconnected or properly protected so as not to cause harm to workers, the public or property.
	(d)	Where applicable, glazed sash and glazed doors and other glass shall be removed before other demolition work is started.
	(e)	All excess materials and rubbish shall be removed and disposed of property.
	(f)	All areas of the structure, including the basement shall be cleaned out, removing all trash, debris, equipment, and all other materials not suitable for backfilling. Basement floors shall be broken up and removed.
	(g)	All trees and stumps shall be removed from the site at the direction of the City. Stumps and root systems shall be removed or chipped to a minimum of six inches below finished grade. Trees marked by the City for preservation shall be protected against damage at all times during the demolition.
	(h)	Any wells, cisterns or cesspools shall be disinfected and pumped out and filled to adjacent grade level in the manner hereinafter prescribed for backfilling.
	§ 110.6.5 Party walls.
	(a)	The term "party wall" means a wall built on the dividing line between adjoining buildings for their common use.
	(b)	Whenever a building or other structure on one side of a party wall is removed, such party wall shall be maintained in a safe, weatherproof condition by and at the expense of the person causing the building or structure to be removed. Temporary or permanent bracing shall be provided as necessary for maintaining the stability of such party wall or adjoining building whenever such stability is endangered by the removal of a building or other structure or part thereof.
	(c)	The newly exposed face of the party wall is to be made as plumb and even as possible. In the case of a brick or masonry wall, open beam holes and other voids shall be closed with approved masonry. The courses shall be cut flush and the wall cement pargeted with approved materials. Frame or wood stud party walls shall be covered in the following manner: the wall shall be cut as close to the wood framing members as possible to create a flush, perpendicular face. The lathe and plaster exposed on the side of the party wall being demolished may remain in place if soundly anchored. Plywood sheeting of not less than 3/8 inch thickness will be affixed to such wall as in standard building practice. The exposed party wall will then be faced with approved facing material.
	(d)	The existing structure and architecture of the surrounding area will determine the type of exterior facing or siding material. The material to be utilized will be determined by the Codes Administrator or designee.
	(e)	Where a chimney exists in a party wall between the building to be removed and the building to remain, the person causing the demolition work shall make certain the chimney is made sound and weather-tight. The chimney is to be cement pargeted and made to present an attractive appearance.
	(f)	Special attention shall be given to the damp-proofing of party foundation walls. Such walls are to be damp-proofed in the manner prescribed for new construction. Foundation portions of party walls that are above grade are to be capped with concrete in such a manner that a drainage slope cape is provided.
	(g)	Special care will be given to the grading of the newly created lot. It shall be made certain that the grade is sloped in such a manner that surface water will drain away from the newly exposed foundation party wall.
	(h)	Where no foundation wall exists between the structure to be removed and the structure to remain, it shall be the responsibility of the person causing the demolition to build a suitable concrete block foundation wall. Such wall is to be damp-proofed as in new construction. The wall is to be erected in such a manner that the floor beam will rest securely upon the wall.
	(i)	The person causing the demolition work shall make certain the roof covering and roof drainage system along the party wall is repaired or replaced as in new construction. This shall include flashing, drip-edge plates, gutters, and rainwater conductors as required.
	§ 110.6.6 Demolition. All full structure demolition shall be from the roof down to the basement. No materials shall be allowed to accumulate within the basement area during demolition. All walls with the exception of party walls shall be demolished, including foundation walls not supporting party walls that are to remain. When deemed necessary by the Codes Administrator or designee, the demolition contractor shall be required to water soak the building being removed in order to control dust and dirt.
	§ 110.6.7 Removal of debris. All debris shall be removed from the job site to an approved disposal site.
	§ 110.6.8 Backfilling.
	(a)	Existing sewer lines shall be capped and inspected prior to backfilling the area.
	(b)	No unstable, combustible, metal, biodegradable plaster, or mortar material will be permitted to be used as fill.
	(c)	From three feet below grade to grade level, the materials used as fill must be nonbiodegradable and be no larger than six inches by six inches by six inches in size.
	(d)	Final grading and surfacing shall be done in such a manner so as to take into consideration natural settlement of the materials utilized.
	(e)	Final grading shall be accomplished so as to prevent surface water run-off in any amount.

[4] Section 110.7 is added to read as follows:

§ 110.7 Demolition of structures four stories above grade or more.

	§ 110.7.1 Application for building/demolition permit. See Section 110.6.1 of this Code.
	§ 110.7.2 Approval of Codes Administrator. See Section 110.6.2 of this Code.
	§ 110.7.3 General. See Section 110.6.3 of this Code.
	§ 110.7.4 Site preparation.
	(a)	Written notice of the proposed work shall be provided to the adjacent property owner(s) and any tenants one week prior to the beginning of the work.
	(b)	Any structural damage that would cause those working in or around the site undo risk shall be shored or braced in accordance with accepted engineering practice before work at the site may begin.
	(c)	All affected utilities (gas, electric, telephone, water sewer and cable) shall be disconnected and verified by supervisor on site prior to the start of demolition.
	(d)	Where applicable, glazed sash and glazed doors and other glass shall be removed before other demolition work is started.
	(e)	All excess materials and rubbish shall be removed and disposed of properly.
	(f)	When deemed necessary by the Codes Administrator or designee, the person/persons effecting the demolition may be required to build side sheds and/or fences to protect the public from harm during demolition.
	§ 110.7.5 Party walls. See Section 110.6.5 of this Code.
	§ 110.7.6 Demolition.
	(a)	All full structure demolition shall be from the roof to the foundation.
	(b)	The structural or load supporting members on any floor shall not be cut or removed until all stories above the floor have been demolished and removed.
	(c)	In buildings of skeleton construction, the steel framing may be left in place during the demolition of masonry work. Where this is done, all steel beams, girders and the like shall be cleared of all loose materials as the masonry work progresses downward.
	(d)	At the completion of each day's work, all remaining walls shall be left stable and in no danger of collapse.
	(e)	Foundation walls which serve as retaining walls to support adjoining structures shall not be demolished until such adjoining structures have been underpinned or braced and earth removed or supported by sheet piling or sheathing.
	(f)	In demolition of brick or masonry chimneys that cannot safely be toppled or dropped, all materials shall be dropped down on the inside of such chimney.
	(g)	Construction sheds and toolboxes shall be so located as to protect workers from the danger of falling walls and other falling objects.
	(h)	When deemed necessary by the Codes Administrator or designee, the demolition contractor shall be required to water soak the structure being removed in order to control dust and dirt.
	§ 110.7.7 Alternate methods. The provisions of this chapter are not intended to prevent the use of alternate methods of demolition not specifically prescribed, provided that any such alternate method has been approved. An alternate method shall be approved when the Codes Administrator or designee finds such method is satisfactory and complies with the intent of this Code insofar as adequate protection to the public, adjoining structures, municipal and public utility systems, and environment are concerned.
	§ 110.7.8 Removal of debris. See Section 110.6.7 of this Code.
	§ 110-.7.9 Backfilling. See Section 110.6.8 of this Code.

(f) Section 111, Disorderly Properties.

[1] Section 111, Means of Appeal, is hereby deleted in its entirety. See Section 8-107.5 of the Codified Ordinances. Section 111, Disorderly Properties, is added to read as follows:

§ 111.1 General. When the Codes Administrator is notified by the Chief of Police that a structure constitutes a disorderly property, such structure shall be condemned as unfit for human occupancy pursuant to the provisions of this code.

§ 111.1.1 Disorderly property. A "disorderly property" is any house, room, premises, or nonresidential property to which either three felony responses, five misdemeanor responses or 10 summary responses have been made within any one-year period from the date of the first response by law enforcement officers, ambulance, or other emergency services. For the purposes of this section, "felony responses" shall mean any response for an act which would constitute a felony offense under any state, federal or local law, as defined by that law. For the purposes of this section, "misdemeanor responses" shall mean any response for an act which would constitute a misdemeanor offense under any state, federal or local law, as defined by that law. For the purposes of this section, "summary responses" shall mean any response for an act which would constitute a summary offense under any state, federal or local law, as defined by that law. "Summary responses" shall also include any criminal medical responses not otherwise covered by any of the above definitions. For the purposes of this section, the determination of a felony, misdemeanor or summary response shall be made at the time of the call and shall be classified as it would appear to a reasonable law enforcement officer or other skilled emergency worker, based on the preponderance of the evidence available to the officer or worker at the time the call was made. The existence of a disorderly property shall constitute a per se public nuisance.

§ 111.2 Notice. Upon certification by the Codes Administrator, through the Chief of Police, that a structure constitutes a public nuisance under the provisions of this section, notice shall be posted in a conspicuous place in or about the structure affected by such notice and served on the owner and/or tenant(s) of the structure in accordance with § 107.3 of this code. The notice shall be in the form prescribed by § 107.2 and shall inform the property owner, operator, [and/or] tenant, and/or any other known occupant that the property will be placarded if the nuisance is not abated. A public nuisance shall be considered unabated if any federal, state, or local law enforcement officers, ambulance or other emergency service responds to one legitimate complaint for disorderly behavior or other illegal activity occurring at the property within 60 days of the notice. Notice to any tenant or occupant of the premises or any structure on the property shall be satisfied by posting notice at the property.

§ 111.2.1 Appeal. The owner of the property or any person aggrieved by a notice issued by the Codes Administrator may appeal such notice, within 10 business days of the receipt thereof, to the Building and Housing Code Board of Appeals. Any person aggrieved by any decision issued by the Building and Housing Code Board of Appeals may take a further appeal in accordance with Pennsylvania's Local Agency Law, 2 Pa.C.S. § 105, et seq. The Building and Housing Code Board of Appeals shall hear the parties, their witnesses and counsel and shall make such findings as supported by substantial record evidence. The Building and Housing Code Board of Appeals may, but is not required to, view the property, premises, building, business, or occupation before issuing its finding and may use said viewing in its decision.

§ 111.3 Placarding and revocation of permits. In the event of affirmance by Council, the Building and Housing Code Board of Appeals or lack of appeal, failure of the owner or person responsible to abate the nuisance within the time given will result in the vacation and/or revocation of any certificate of compliance issued pursuant to Section 8-511 of the Codified Ordinances or, if applicable, the revocation of the business or mercantile license of the owner(s), as well as the posting on the property of a placard bearing the words "UNFIT FOR HUMAN OCCUPANCY." Any tenants and/or occupants therein must be removed within 20 days of the date of the posting.

§ 111.3.1 Removal of placard. Following a period of six months after the revocation of permits and the placarding of a public nuisance property, the property owner may file an application with the Building and Housing Code Board of Appeals for the reissuance of all applicable permits and the removal of any placard, which application shall not be unreasonably denied.

§ 111.4 Prohibited occupancy. Any person who shall occupy a placarded premise and any owner or person responsible for the premises who shall allow anyone to occupy a placarded premise shall be subject to the criminal penalties enumerated in Section 8-107.99 of this code, as well as any other civil and equitable remedies available to the City by law.

(g) Section 112, Stop Work Order.

[1] Section 112.4 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, except such work as that person is directed to perform to remove a violation or unsafe condition, shall be liable to a fine of $100 for a first offense, $500 for a second offense, or $1,000 for a third and each subsequent offense for the same structure or premises.

B. Chapter 2, Definitions.

(1) Section 202, General Definitions.

(a) The definitions of the following terms appearing in this code are hereby deleted in their entirety and replaced with the definitions set forth in Chapter 1-302 of the Codified Ordinances:

[1] Dwelling unit.

[2] Rooming house.

(b) The definitions of the following terms, as set forth in Chapter 1-302 of the Codified Ordinances, are hereby added to this code:

[1] Boarding house.

[2] Central heating system.

[3] Dormitory.

[4] Dwelling.

[5] Family.

[6] Group dwellings.

[7] Hotel.

[8] Maintenance.

[9] Motel.

[10] Multiple dwellings.

[11] Renovation.

C. Chapter 3, General Requirements.

(1) Section 302, Exterior Property Areas.

(a) Section 302.4 is amended to read as follows:

§ 302.4 Weeds. Premises and exterior property shall be maintained free from weeds or plant growth in excess of 10 inches. 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.

(b) Section 302.8 is amended to read as follows:

§ 302.8 Motor vehicles. Except as provided for in other regulations, no inoperative, unlicensed, unregistered, or uninspected motor vehicles shall be parked, kept, or stored on any premises, and vehicles shall not at any time be in a state of major disassembly, disrepair, or in the process of being stripped or dismantled. Painting of vehicles is prohibited unless conducted inside an approved spray booth. Vehicles shall not be parked on the grass of any premises. Vehicles shall only be parked on an improved area of the premises.

(c) Section 302.10 is added to read as follows:

§ 302.10 Shade trees. The Codes Administrator, or designee, shall order removal of any shade tree located between the curb and the sidewalk for any of the following reasons:

(a)	Roots are getting into water or sewer lines or causing structural damage; or
(b)	The tree is infected or diseased; or
(c)	The tree is dead; or
(d)	Primary roots are lifting sidewalks/pavement up more than six inches; or
(e)	Other circumstances based on approval by the Codes Administrator or an appointed designee.

(2) Section 304, Exterior Structure.

(a) Section 304.1 is amended to read as follows:

§ 304.1 General. The exterior of a structure shall be maintained in good repair, structurally sound and sanitary, and no areas may be open to unauthorized entry so as not to pose a threat to the public health, safety, and welfare.

(b) Section 304.10 is amended to read as follows:

§ 304.10 Stairways, decks, porches, and balconies. Every exterior stairway, deck, porch and balcony, and all appurtenances attached thereto, shall be maintained structurally sound, in good repair, with proper anchorage and capable of supporting the imposed loads, and free of hazardous accumulations such as: ice, snow, mud, and other debris.

(c) Section 304.14 is amended to read as follows:

§ 304.14 Insect screens. During the period from March 15 to November 1, every door, window and other outside opening required for ventilation of habitable rooms, food preparation and 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 (16 mesh per 25 mm), and every swinging door shall have a self-closing device in good working condition.

(3) Section 305, Interior Structure.

(a) Section 305.3.1 is added to read as follows:

§ 305.3.1 Lead-based paint. Interior and exterior painted surfaces of dwellings and child and day care facilities, including fences and outbuildings, that test at or greater than one milligram per centimeter of lead content shall be removed or covered in an approved manner. Any surface to be covered shall first be marked with warnings as to the lead content of such surface.

(b) Sections 305.7 and 305.8 are added to read as follows:

§ 305.7 Bathroom and kitchen floors. Every toilet, bathroom and kitchen floor surface shall be constructed and maintained to be substantially impervious to water. Such floors shall be easy to clean and maintain in a sanitary condition. Bathroom flooring shall not have any defects which would either render the surface uncleanable or allow water penetration. Small holes, tears, depressions, slits, or seams in kitchen floors that are not in close proximity to plumbing fixtures shall be acceptable, unless such defects present a tripping hazard.

§ 305.8 Free from dampness. In every building, the cellars, basement, and crawl spaces shall be maintained reasonably free from dampness to prevent conditions conducive to decay or deterioration of the structure. Dirt basement floors shall be acceptable if there is no evidence of vermin or excessive dampness and there are convenient provisions for ventilation.

(4) Section 308, Rubbish and Garbage.

(a) Section 308.1 is amended to read as follows:

§ 308.1 Accumulation 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. Rubbish or garbage shall be collected and disposed of in accordance with the sanitation chapters of these Codified Ordinances.

(b) Section 308.1.1 is added to read as follows:

§ 308.1.1 Notwithstanding the authority of the Bureau of Codes to administer and enforce the Code, the Mayor is hereby authorized to designate the Department of Public Works to administer and enforce this section related to rubbish or garbage and all provisions throughout the Codified Ordinances related to rubbish or garbage and the enforcement thereof.

(5) Section 309, Pest Elimination.

(a) Section 309.2 is amended to read as follows:

§ 309.2 Responsible party. Every owner, agent or operator of any structure shall be responsible for pest elimination of any insects, rodents, or other pests in the structure.

(b) Sections 309.3 through 309.5 are hereby deleted.

(6) Section 310, Sanitary Conditions.

(a) Section 310 is added to read as follows:

§ 310.1. Sanitary conditions. Every occupant of a structure or part thereof shall keep his/her area in a clean and sanitary condition. Every owner, owner's agent or operator of a structure containing two or more dwelling units shall maintain in a clean and sanitary condition the shared or public areas of the dwelling and premises thereof. The owner, owner's agent or operator of the property shall be responsible for monitoring and enforcing the standards contained in Section 304 of this code to ensure that both the shared and private areas of the property are clean and sanitary.

D. Chapter 4, Light, Ventilation and Occupancy Limitations.

(1) Section 404, Occupancy Limitations.

(a) Section 404.8 is added to read as follows:

§ 404.8 Below grade rooms. Rooms partially or completely below grade shall not be used as a habitable space unless:

i.	Floors and walls are water-tight so as to prevent entry of moisture; and
ii.	Total window area, total openable window area and ceiling height are in accordance with this code; and
iii.	Required minimum window area of every habitable space is entirely above the grade adjoining such window areas; and
iv.	Means of egress and emergency escape are provided in accordance with this code.

E. Chapter 6, Mechanical and Electrical Requirements.

(1) Section 602, Heating Facilities.

(a) Section 602.3 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 unit, rooming unit, dormitory or guest room on terms, either expressed or implied, to furnish heat to the occupants thereof shall supply sufficient heat during the period from October 1 to May 15 to maintain a room temperature of not less than 65° F. (18° C.) in all habitable rooms, bathrooms, and toilet rooms.

(b) Section 602.4 is amended to read as follows:

§ 602.4 Occupiable work spaces. Indoor occupiable work spaces shall be supplied with heat during the period from October 1 to May 15 to maintain a temperature of not less than 65° F. (18° C.) during all working hours.

Exceptions:
i.	Processing, storage, and operation areas that require cooling or special temperature conditions;
ii.	Areas in which persons are primarily engaged in vigorous physical activities.

(2) Section 603, Mechanical Equipment.

(a) Section 603.1 is amended to read as follows:

§ 603.1 Cooking and heating equipment. All cooking and heating equipment, components and accessories in every heating, cooking, and water heating device shall be maintained to be free from leaks and obstructions and kept functioning properly so as to be free from fire, health, and accident hazards. All installations and repairs shall be made in accordance with the provisions of the Building Code or other laws or ordinances applicable thereto. Portable cooking equipment employing flame is prohibited, except for approved residential type food trays or servers which are heated by a candle or alcohol lamp.

(3) Section 604, Electrical Facilities.

(a) Section 604.2 is amended to read as follows:

§ 604.2 Service. The size and usage of appliances and equipment shall serve as a basis for determining the need for additional facilities in accordance with NFPA 70. Dwelling units shall be served by a three-wire, 120/240 volt, single-phase electrical service having a minimum rating of 100 amperes.

F. Chapter 7, Fire Safety Requirements.

(1) Section 702, Means of Egress.

(a) Section 702.1 is amended to read as follows:

§ 702.1 General. A safe, continuous, and unobstructed path of travel shall be provided from any point in a building or structure to the public way. Means of egress, including emergency lighting shall comply with the International Fire Code.

(b) Sections 702.5 and 702.6 are added to read as follows:

§ 702.5 Egress illumination. All means of egress shall be equipped with artificial lighting in accordance with the Building Code. Emergency lighting shall be provided in accordance with the Building Code.

§ 702.6 Information signs. A sign shall be provided at each floor landing in all interior stairways more than three stories above grade designating the floor level above the floor of discharge. All elevator lobby call stations on all floor levels in buildings more than 75 feet (22,860 mm) above grade shall be marked with approved signs reading as follows: "Use Stairways in Case of Fire - Do Not Use Elevators."

(2) Section 704, Fire Protection Systems.

(a) Section 704.1.1 is amended to read as follows:

§ 704.1.1 Responsibility for installation and maintenance. The owner of each dwelling unit shall be responsible for the installation of the early fire detection devices (smoke detectors). It shall be the responsibility of the occupants, whether owners, residents, or tenants, to maintain the smoke detector within the individual units. Where early fire detection devices (smoke detectors) are located in areas of common use by occupants, it shall be the building owner's responsibility to maintain the smoke detectors. Such maintenance shall include, but not be limited to, replacement of batteries or keeping the devices connected to the electrical power source.

G. Chapter 9, Responsibilities of Persons, is added to read as follows:

Chapter 9, Responsibilities of Persons

§ 901.1 Sanitary conditions. Every occupant of a structure or part thereof shall keep his/her area in a clean and sanitary condition. Every owner of a structure containing two or more dwelling units shall maintain in a clean and sanitary condition the shared or public areas of the dwelling and premises thereof. The owner of the property shall be responsible for monitoring and enforcing the standards contained in Section 304 of this code to ensure that both the shared and private areas of the property are clean and sanitary.

§ 901.2 Pest elimination. Every owner, owner's agent or operator of a structure containing two or more dwelling units or multiple occupancies or nonresidential structures and rooming houses shall be responsible for the extermination of any insects, rodents, or other pests in the public or shared areas of the structure.

[1] Editor's Note: This ordinance also repealed former § 8-107.3, Amendments to adopted code, as amended 4-8-1997 by Ord. No. 3-1997.

§ 8-107.4 Rent withholding system unaffected. [1]

The system established pursuant to § 8-507.2 of the Codified Ordinances for the purpose of determining whether or not a dwelling is fit or unfit for human habitation for purposes of rent withholding shall not be deemed to be affected by the enactment of this chapter but shall remain in full force and effect until amended or modified. The criteria utilized in amending or modifying said system shall be consistent with the provisions of this Property Maintenance Code relating to structures unfit for human occupancy.

[1] Editor's Note: This section derives from Ord. No. 26-1975.

§ 8-107.5 Appeals.

Any person, firm, corporation, association or other entity who is aggrieved by the ruling, decision or action of any department, bureau or division of the City in regard to the administration or enforcement of any of the provisions of this Property Maintenance Code may appeal such ruling, decision or action in writing to the Building and Housing Code Board of Appeals in the manner and in accordance with the procedures set forth in Chapter 8-501 of the Codified Ordinances.

§ 8-107.99 Penalty.

A. Any person, whether individually or as a member or employee of a partnership, or any officer, agent or employee of a corporation who directs or knowingly permits any violation of any of the provisions of the sections of this code, or who aids or assists therein, either on his or her own behalf or in the interests of his or her employer or principal, and fails to comply with any order made thereunder from which no appeal has been taken, or fails to comply with such order as affirmed or modified by the City shall, upon conviction thereof, severally and for each violation and noncompliance, respectively, be fined not less than $50 nor more than $1,000, and costs, and, in default of payment thereof, shall be imprisoned in the Dauphin County Prison for not more than 90 days for each separate violation, or both. The imposition of one penalty for any violation shall not excuse the violation or permit it to continue, and all persons required to do so shall correct and remedy violations or defects within a reasonable time, and, when not otherwise specified, each day that the prohibited conditions are maintained shall constitute a separate offense.

B. The application of the above penalty shall not prevent the enforced removal of the prohibited conditions or device or any other remedy at law or equity available to the City for enforcement of this chapter.

[Ord. No. 9-1996]

C. Upon conviction for a violation of any provision of this chapter pursuant to Subsection A, in addition to any fines, fees or penalties levied in accordance with Subsection A, an additional neighborhood mitigation penalty shall be levied in the amount of $25. All such penalties levied and collected by any division of the Unified Judicial System existing under Section 1 of Article V of the Constitution of Pennsylvania and 42 Pa.C.S.A. § 301 shall be remitted to the City for deposit into the Neighborhood Mitigation Fund for the purpose of funding mitigation exercises performed by the City on private properties, including but not limited to demolitions, cleanups, clean and seals and light repairs. If the fine is paid on installments, the proportionate amount of the neighborhood mitigation penalty shall be remitted on each installment.

[Added 11-13-2001 by Ord. No. 20-2001]

D. Notwithstanding any other provision of the Codified Ordinances, the following violations of the Building and Housing Development Coded the Property Maintenance Code; Title 3, Part 3 (3-300) General Offenses; or Title 9, Part 3 (9-300) Refuse and Disposal, shall be subject to fines by immediate citation as code infractions, with progressive fines for repeat offenders as set forth in the following subsections:

(1) Violations of Property Maintenance Code § 302.8, Motor Vehicles.

(2) Violations of the Public Safety Code § 3-357.3, under General Offenses for failure to timely clear snow and ice from sidewalks.

(3) Violations of Property Maintenance Code § 308.1, Rubbish and Garbage, or § 302.1, Sanitation.

(4) Violations of Chapter 9-309.4 of the Municipal Waste, Recycling, and Composting Code, for excessive accumulation of waste.

(5) Violations of Property Maintenance Code § 302.4, on tall grass or weeds.

(6) Violations of Chapter 9 of the Property Maintenance Code.

E. Any person in violation of any of the foregoing provisions of the Codified Ordinances shall be liable and subject to a fine of $50 for a first offense. Any person in violation of any of the foregoing provisions of the Codified Ordinances shall be liable and subject to a fine of $100 for a second offense for the same infraction within a twelve-month period. Any person in violation of any of the foregoing provisions of the Codified Ordinances shall be liable and subject to a fine of $200 for a third or subsequent offense for the same infraction within a twelve-month period.