[HISTORY: Adopted by the City of Council of the City of Chester 11-24-1982 by Ord. No. 33-1982 (Art. 1141 of the 1978 Codified Ordinances). Amendments noted where applicable.]
As used in this chapter certain terms are defined as follows, unless the context clearly indicates otherwise:
Boardinghouse
Means any building or portion of a building occupied for human habitation in which two or more persons not related to the proprietor or manager, are furnished with meals and lodging.
BUREAU
Means the Bureau of Health, City of Chester.
GARBAGE
Means all putrescible waste, except sewage and body waste, including animal and vegetable offal.
HALFWAY HOUSE OR DEPENDENT CARE FACILITY
Means any boardinghouse, rooming house or lodging house in which room and/or board, either or both, are provided to any person having limited or diminished ability to care for themselves due to conditions, including but not limited to: alcohol and drug dependence; physical dependency; mental dependency; age; etc.
LIMITED ABILITY TO CARE FOR SELF OR DEPENDENCE
Is not limited to a finding by a court of legal disability or dependence. The Health Officer of the City shall determine dependence in each case taking into consideration the following:
A. 
Age of the person or persons;
B. 
Physical condition;
C. 
Mental condition;
D. 
Ability to function in a social situation;
E. 
Any determination made by social agencies such as D.P.A. or social security;
F. 
Visual inspection;
G. 
Need for the administration of drugs and/or other physical aids; or
H. 
Any other criteria the Health Office deems relevant.
LODGING HOUSE
Means any building or portion thereof in which two or more persons, not related to the proprietor or manager, are furnished with sleeping accommodations, and shall include rooming houses, fraternity houses or sorority houses, bachelor apartments, dormitories, barracks and any other kind of building used to furnish sleeping accommodations and eating facilities, as aforesaid.
MEDICINE
Means any substance prescribed by a physician for the treatment of illness or a disease.
REFUSE
Means all nonputrescible wastes generally regarded and classified as rubbish, trash, junk and similar designations which have been rejected by the owner or possessor as useless or worthless.
SEWAGE
Means any substance that contains any of the waste products or excrementitious or other discharge from the bodies of human beings or animals.
WORKING DAY
Means normal Bureau of Health working days, which exclude weekends and holidays.
[Amended 5-18-1988 by Ord. No. 4-1988]
The owner of any halfway house or dependent care facility or the owner's authorized agent shall:
A. 
Keep the entire building in a clean condition, free from any accumulation of dirt, garbage or other refuse matter;
B. 
Keep the entire building in compliance with all health codes, life safety codes, building codes and other applicable City regulations and ordinances;
C. 
Apply for and obtain a license as set forth in this chapter;
D. 
Be responsible for the conduct, action and damage which may be caused by any resident of such halfway house or dependent care facility while such resident is on the property of such house or facility or in the immediate vicinity of the property of such house or facility, where the actions of such resident may be determined by the Health Officer to be a nuisance to surrounding property owners or residents; and
E. 
Provide each boarder with a proper, clean and habitable room; clean and sanitary bed clothes; and proper edible, nutritional and sanitary food.
The owner of a lodging, rooming or boardinghouse or the owner's authorized agent shall:
A. 
Keep the entire building in a clean condition, free from any accumulation of dirt, garbage or other refuse matter;
B. 
Keep the entire building in compliance with all health codes, life safety codes, building codes and other applicable City regulations and ordinances; and
C. 
Apply for and obtain a license as set forth in this chapter.
The tenant, resident or other lessee of any facility governed by this chapter shall keep in a clean condition, free from any accumulation of dirt, garbage or refuse matter, the portion of the facility occupied or used exclusively by such tenant, resident or other lessee.
A. 
No person shall operate any facility governed by this chapter within the City except when authorized through possession of a currently validated license from the Department of Public Safety's Bureau of Health for such purpose.
B. 
No license shall be issued for a halfway house or dependent care facility without first obtaining the permission and approval of the Zoning Hearing Board.
A. 
Compliance required. Any proprietor in possession of a valid license to operate any facility governed by this chapter, who fails to comply with the provisions of this chapter, may by order of the Bureau of Health have such license either revoked or suspended. Inspections shall be made by the Bureau of Health as frequently as necessary to insure compliance with this chapter.
B. 
Hearing. Any person to whom such order has been issued shall comply therewith immediately. He may thereafter, upon petition to the Director of Public Safety or his designee, be afforded a hearing as prescribed in this code. Depending upon the findings of the Director or his designee at such hearing as to whether the provisions of this code and the rules and regulations adopted pursuant thereto have been complied with, the Director or his designee shall continue such order or modify or revoke it.
C. 
Hearing request and conduct.
(1) 
Any person affected by any notice or order which has been issued in connection with the enforcement or any provision of this code or of any rule or regulation adopted pursuant thereto, may request and shall be granted a hearing on the matter before the Director or his designee provided that such person files in the office of the Director or his designee a written request within five days after the date the notice was served or posted.
(2) 
Upon receipt of such request, the Director or his designee shall set a time and place for such hearing and shall give the petitioner written notice thereof. At such hearing, the petitioner shall be given an opportunity to be heard and to show why such notice should be modified or withdrawn. The hearing shall be commenced not later than 10 days after the day on which the request was filed, provided that upon application of the petitioner, the Director or his designee may postpone the date of the hearing for a reasonable time beyond such ten-day period, if in his judgment the petitioner has submitted a good and sufficient reason for such postponement.
D. 
Director's decision. After such hearing, the Director or his designee shall sustain, modify or withdraw the notice, depending upon his findings as to whether the provisions of this code and of the rules and regulations adopted pursuant thereto have been complied with.
[Amended 3-24-1994 by Ord. No. 12-1994]
A. 
Licenses for any facility governed by this chapter shall expire on December 31 of each year.
B. 
The license and inspection fees shall be as follows:
(1) 
License fee shall be $100 annually; and
(2) 
Reinspection fee shall be $25 for each reinspection.
C. 
The license shall be issued by the Department of Public Safety's Bureau of Health.
D. 
Duplicate license may be obtained for a fee of $10.
E. 
The license or duplicate thereof shall be prominently displayed in the facility governed by this chapter for which the license is issued.
F. 
The license is not transferable.
G. 
A late fee of $10 shall be charged for those license renewal applications received after January 1.
H. 
A late fee of $10 shall be charged for any new license issued and not paid within 15 days of the issued date.
I. 
There shall be a fee of $10 for the application for licensing, this fee includes the processing of the application, any inspections necessary prior to licensing and a copy of the ordinance relevant to the application. The application fee is nonrefundable. This fee shall be paid prior to application.
J. 
Any facility governed by this chapter, such as governmental agencies, schools, religious institutions and charitable institutions shall meet all the requirements of this chapter with the exception that such establishment shall not be required to pay a license fee if they hold a State or Federal Tax Exemption Number. It is the responsibility of the facility governed by this chapter to prove its applicability to the license fee exception.
K. 
License and application fees are not refundable.
[Amended 6-6-1990 by Ord. No. 4-1990]
Whoever violates any provision of this chapter or any provision or any rule or regulation adopted by the Board of Health and Council pursuant to the authority granted by this chapter shall, upon conviction in a summary proceeding, be fined not more than $1,000 and costs and, in default of payment thereof, shall be imprisoned not more than 90 days. Each day's violation of this chapter and/or the rules or regulations as aforesaid shall constitute a separate violation thereof.