[HISTORY: Adopted by the City Council of the City of Harrisburg
by Ord. No. 15-1994. Amendments noted where applicable.]
[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.
[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.
[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.
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(a)
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Personal service, certified or registered mail. Such notice
shall be deemed to be properly served upon such owner if:
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i.
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A copy thereof is personally delivered to the owner or other
responsible person; or
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ii.
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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
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iii.
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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
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iv.
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Conventional commercial; or
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v.
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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.
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(b)
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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:
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i.
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A copy thereof is posted in a conspicuous place in or about
the structure or property affected by such notice; and
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ii.
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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.
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(c)
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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.
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(d)
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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.
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(e)
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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.
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(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.
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§ 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.
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§ 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.
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§ 110.5.3 General.
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(a)
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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.
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(b)
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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.
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(c)
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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.
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(d)
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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.
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(e)
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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.
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(f)
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Where applicable, during the hours of darkness, red lights or
flares shall be placed on or about all barricaded public ways.
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(g)
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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.
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(h)
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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.
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§ 110.5.4 Site preparation.
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(a)
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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.
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(b)
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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.
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(c)
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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.
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(d)
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All floor openings and shafts not used for material chutes shall
be floored over or enclosed with guardrails and toe boards.
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§ 110.5.5 Removal of materials.
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(a)
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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.
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(b)
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Proper precautions shall be taken to prevent workers from falling
into the loading end of the chute.
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(c)
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Proper precautions shall be taken to prevent anyone from being
hit by flying debris on the discharge end of the chute.
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(d)
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Debris shall be removed from the job site to an approved disposal
site in a timely manner.
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[3]
Section 110.6 is added to read as follows:
§ 110.6 Demolition of structures three stories
above ground or less.
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§ 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.
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§ 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.
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§ 110.6.3 General.
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(a)
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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.
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(b)
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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.
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(c)
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Where applicable, during the hours of darkness, red lights or
flares shall be placed on or about all barricaded public ways.
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(d)
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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.
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(e)
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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.
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§ 110.6.4 Site preparation.
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(a)
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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.
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(b)
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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.
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(c)
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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.
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(d)
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Where applicable, glazed sash and glazed doors and other glass
shall be removed before other demolition work is started.
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(e)
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All excess materials and rubbish shall be removed and disposed
of property.
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(f)
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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.
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(g)
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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.
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(h)
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Any wells, cisterns or cesspools shall be disinfected and pumped
out and filled to adjacent grade level in the manner hereinafter prescribed
for backfilling.
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§ 110.6.5 Party walls.
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(a)
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The term "party wall" means a wall built on the dividing line
between adjoining buildings for their common use.
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(b)
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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.
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(c)
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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.
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(d)
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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.
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(e)
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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.
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(f)
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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.
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(g)
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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.
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(h)
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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.
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(i)
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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.
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§ 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.
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§ 110.6.7 Removal of debris. All debris
shall be removed from the job site to an approved disposal site.
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§ 110.6.8 Backfilling.
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(a)
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Existing sewer lines shall be capped and inspected prior to
backfilling the area.
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(b)
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No unstable, combustible, metal, biodegradable plaster, or mortar
material will be permitted to be used as fill.
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(c)
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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.
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(d)
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Final grading and surfacing shall be done in such a manner so
as to take into consideration natural settlement of the materials
utilized.
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(e)
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Final grading shall be accomplished so as to prevent surface
water run-off in any amount.
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[4]
Section 110.7 is added to read as follows:
§ 110.7 Demolition of structures four stories
above grade or more.
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§ 110.7.1 Application for building/demolition
permit. See Section 110.6.1 of this Code.
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§ 110.7.2 Approval of Codes Administrator. See Section 110.6.2 of this Code.
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§ 110.7.3 General. See Section 110.6.3
of this Code.
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§ 110.7.4 Site preparation.
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(a)
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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.
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(b)
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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.
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(c)
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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.
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(d)
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Where applicable, glazed sash and glazed doors and other glass
shall be removed before other demolition work is started.
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(e)
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All excess materials and rubbish shall be removed and disposed
of properly.
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(f)
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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.
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§ 110.7.5 Party walls. See Section 110.6.5
of this Code.
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§ 110.7.6 Demolition.
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(a)
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All full structure demolition shall be from the roof to the
foundation.
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(b)
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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.
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(c)
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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.
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(d)
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At the completion of each day's work, all remaining walls
shall be left stable and in no danger of collapse.
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(e)
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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.
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(f)
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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.
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(g)
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Construction sheds and toolboxes shall be so located as to protect
workers from the danger of falling walls and other falling objects.
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(h)
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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.
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§ 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.
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§ 110.7.8 Removal of debris. See Section
110.6.7 of this Code.
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§ 110-.7.9 Backfilling. See Section 110.6.8
of this Code.
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(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.
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§ 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.
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§ 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.
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§ 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.
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§ 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.
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§ 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.
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§ 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.
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:
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(a)
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Roots are getting into water or sewer lines or causing structural
damage; or
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(b)
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The tree is infected or diseased; or
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(c)
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The tree is dead; or
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(d)
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Primary roots are lifting sidewalks/pavement up more than six
inches; or
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(e)
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Other circumstances based on approval by the Codes Administrator
or an appointed designee.
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(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:
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§ 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.
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(5)
Section 309, Pest Elimination.
(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:
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i.
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Floors and walls are water-tight so as to prevent entry of moisture;
and
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ii.
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Total window area, total openable window area and ceiling height
are in accordance with this code; and
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iii.
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Required minimum window area of every habitable space is entirely
above the grade adjoining such window areas; and
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iv.
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Means of egress and emergency escape are provided in accordance
with this code.
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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.
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Exceptions:
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i.
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Processing, storage, and operation areas that require cooling
or special temperature conditions;
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ii.
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Areas in which persons are primarily engaged in vigorous physical
activities.
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(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.
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.
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.
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.
