[HISTORY: Adopted by the Borough Council of the Borough of Media 6-17-1965 by Ord. No. 494; amended in its entirety 11-21-1996 by Ord. No. 918. Subsequent amendments noted where applicable.]
GENERAL REFERENCES
Building construction — See Ch. 119.
Unsafe buildings — See Ch. 127.
Fire prevention — See Ch. 165.
Plumbing — See Ch. 223.
Property maintenance — See Ch. 226.
Rodent and insect control — See Ch. 230.
Sewers — See Ch. 237.
Solid waste — See Ch. 241.
Tenant registration — See Ch. 271.
Tenant security — See Ch. 275.
Water — See Ch. 297.
Weeds — See Ch. 301.
Zoning — See Ch. 311.
The purpose of this chapter is to protect the public health, safety and welfare by:
A. 
Establishing minimum standards for basic equipment and facilities; for light, ventilation and heating; for safety from fire; for space, use and location; and for safe and sanitary maintenance for all buildings, equipment and premises now in existence or hereafter constructed.
B. 
Determining the responsibilities of agents, owners, operators and occupants of multifamily dwellings, hotels, motels, rooming houses and commercial, business and office units.
C. 
Providing for the licensing and inspection of the operation of multifamily dwellings, hotels and motels, rooming houses, commercial or business and office units.
D. 
Providing for the administration, enforcement and penalties of and under this chapter.
Where the following words are used in this chapter, they shall have the meanings indicated:
APPROVED
In accordance with all laws and ordinances of the Borough of Media and the Commonwealth of Pennsylvania.
BASEMENT
A portion of any dwelling located partially underground but having less than half of its clear floor to ceiling height below the average grade of the adjoining ground.
BUILDING
Any structure used or intended for supporting or sheltering any use or occupancy.
BUILDING CODE
The Building Code of the Borough of Media.
[1]
BUSINESS (UNIT)
A room or group of rooms used for offices or a retail use offering sale to the general public.
CELLAR
A portion of any building having half or more than half of its clear floor to ceiling height below the average grade of the adjoining ground.
CODE
The Media Property Code, which is this chapter and regulations adopted under it.
COMMERCIAL (UNIT)
Same as "business (unit)."
COUNCIL
The Council of the Borough of Media.
DUPLEX
Any family dwelling containing two dwelling units.
DWELLING
A building or structure which is wholly or partly used or intended to be used for living or sleeping by human occupants.
DWELLING UNIT
One or more rooms arranged for the use of one or more individuals living together as a single housekeeping unit, with cooking, living, sanitary and sleeping facilities.
EQUIPMENT
Any man-made object, not of a stationary nature, and not a structure, located on any premises.
EXTERMINATION
The control and elimination of insects, rodents or other pests by eliminating their harborage places; by removing or making inaccessible materials that may serve as their food; by spraying, poisoning, fumigating or trapping; or by any other recognized and legally approved pest elimination methods approved by the Code Enforcement Officer.
FAMILY
A group of persons related by blood, marriage or adoption.
GARBAGE
Includes all vegetable and animal food wastes from the preparation, cooking and serving of food; market wastes; and wastes from the handling, storage and sale of produce.
HABITABLE ROOM
A room used or intended to be used for living, sleeping, eating or cooking, excluding bathrooms, water closet compartments, laundries, foyers, pantries, communicating corridors, stairways, closets, basement recreation rooms and storage spaces.
HOTEL
A public house, providing lodging to the public, which opens directly on a parking area.
HOUSING INSPECTOR
Renamed "Property Inspector."
HOUSING OFFICER
The member of Media Borough Council so designated or appointed under this chapter.
INFESTATION
The presence in or swarming or overrunning of a dwelling or a part thereof, inside or outside, by insects or pests or the presence of rodents or vermin in or outside the dwelling or any part thereof.
MULTIFAMILY DWELLING
Any dwelling or part thereof containing more than two dwelling units.
OCCUPANT
Any person, including an owner or operator, living or sleeping in a dwelling or rooming unit, or working in a commercial, business or office unit.
OFFICE (UNIT)
A room or group of rooms used for conducting the affairs of a business, profession, service, industry or government.
OPENABLE AREA
The part of a window which is available for unobstructed ventilation and which opens directly to the outdoors.
OPERATOR
Any person having charge, care, management or control of any building or part of it in which dwelling units or commercial, business or office units are let. For the purpose of this definition, a real estate agent collecting the rent shall be presumed to be an owner. Such presumption shall be overcome if said rental agent, within five days receipt of notice of alleged violation, advises the Property Inspector, in writing, that he has no authority to spend money to alter, improve, manage or repair the premises involved and gives the correct name and address of his principal.
OWNER
Any person who alone, jointly or severally with others holds legal or equitable title to any building, equipment or premises as defined in this section. Beneficiaries under any trust or estate shall not be deemed to hold legal or equitable title to any premises.
PERSON
Any individual firm, corporation, association or partnership or any other legal entity.
PLUMBING CODE
The Plumbing Code of the Borough of Media and all rules and regulations set forth thereunder.
PLUMBING or PLUMBING FIXTURES
Water-heating facilities, water pipes, garbage disposal units, waste pipes, water closets, sinks, installed dishwashers, lavatories, bathtubs, shower baths, installed clothes washing machines, catch basins, drains, vents and other similar supplied fixtures, together with all connections to water or sewer lines.
PREMISES
A lot, plot or parcel of land, including the buildings and structures thereon, including the yard as defined hereinafter.
ROOMING HOUSE
Any dwelling or part thereof containing more than one rooming unit in which space is let to one or more persons.
ROOMING UNIT
Any room or group of rooms forming a single habitable unit used or intended to be used for living and sleeping but not for cooking or eating purposes.
RUBBISH
Includes all solid wastes having combustibles and noncombustibles, such as cans and bottles, exclusive of garbage.
SINGLE-FAMILY DWELLING
A dwelling containing no more than one dwelling unit.
SUPPLIED
Installed, furnished or provided by the owner or operator at his expense.
UNFIT UNIT
Any unit not in accordance with the minimum standards of this code.
UNSAFE
Structurally unsafe or unsound, unstable, unsanitary, inadequately provided with exit facilities, constituting a fire or health hazard, unsuitable or improper for use or occupancy, constituting a hazard to health or safety or public morals because of inadequate maintenance, dilapidation, obsolescence or abandonment or otherwise dangerous to life or property.
YARD
All grounds, lawns, courts, walks, driveways or other open space constituting part of the same premises as a dwelling, and is includable in the definition of "premises."
[1]
Editor's Note: See Ch. 119, Building Construction.
A. 
The administration of and supervision over the enforcement of this chapter shall be under the direction of Media Borough Council (Council) and the Code Enforcement Officer (CEO).
B. 
Media Borough Council may make or approve such Rules and Regulations as are or may be necessary to enforce the provisions of this chapter. This chapter, together with all rules and regulations adopted hereunder, shall collectively be designed as the "Media Property Code."
C. 
Media Borough Council shall appoint a Property Inspector whose duty it shall be to enforce the provisions of the Media Property Code and report thereon as the Council and/or Code Enforcement Officer shall direct.
D. 
If it is necessary, the Council shall have the power and authority at any time and from time to time to create, by motion, one or more Assistant Property Inspectors to serve under and at the direction of the Property Inspector and CEO to air and assist in carrying out duties under the code.
E. 
The Property Inspector and any Assistant Property Inspector(s) shall be paid such compensation as may from time to time be fixed by the Council.
F. 
No appointments to the positions of Property Inspector or Assistant Property Inspector(s) shall be or become effective until approved by motion by the Council, and all of said Inspector(s) shall serve at the pleasure of the Council.
A. 
No person shall operate or let the following types of building, equipment and/or premises on any occupancy or use without complying with the licensing requirements of this chapter:
(1) 
Rooming house or rooming unit, hotel or hotel unit, motel or motel units;
(2) 
Multifamily dwelling;
(3) 
Commercial/business/office; and
(4) 
Nursing home.
B. 
Every person applying for a license shall supply such information, in writing, as the Council requires and shall pay an annual license fee plus a fee for each unit within such structure, as established in the Borough's Unified Fee Schedule. Said license fee shall apply for a year or any part thereof.
C. 
The CEO shall not issue a license unless the structure, building or dwelling for which the license is requested is in compliance with this Media Property Code.
D. 
Every license shall specify the maximum number of occupants allowed to occupy the building and/or unit.
E. 
Every license shall be displayed in a conspicuous place within the building and/or unit.
F. 
Every license shall be and remain in force, for one year, from the date of one annual inspection forward into succeeding year unless sooner revoked under provision of this chapter.
G. 
No license required by this section shall be transferable unless the new owner or operator shall give notice, in writing, within 10 days after the change of ownership or rental of interest. Such notice shall include the name and address of the person or persons succeeding to the ownership or control of the premises.
H. 
No license will be renewed until a reinspection of the premises has been completed and approved.
I. 
Whenever any inspection reveals conditions or practices existing in violation of this code, the Inspector shall forthwith give written notice to the operator, as provided in § 187-15, to correct such conditions or cease such practices.
J. 
Any person whose license has been suspended or who has received a notice to correct conditions or cease practices shall have a right to petition, in writing, for a hearing before the Housing Officer under herein. A license shall be deemed suspended on the date of the notice thereof unless a petition for hearing is requested.
K. 
Certificate of occupancy. When a certificate of occupancy has been issued under for a fee under Ordinance No. 406, as amended, there will be no charge for licensing such premises for the first year of occupancy, beginning with the date of such certificate.
A. 
The CEO and the Property Inspector(s) are hereby authorized and directed to make inspections to determine conditions and enforce the code. For the purpose of making inspections, the CEO and Property Inspector(s) are authorized to enter, examine and survey, at reasonable times, all premises, buildings and units; and for this purpose the person in charge thereof shall give the CEO and Property Inspector(s) access to any part of such premises at reasonable times for the purpose of making those repairs, changes or alterations to accomplish compliance with the code and with lawful orders issued pursuant to it.
B. 
Inspection control. For the purposes of making inspection, the CEO and Inspector(s) shall carry and show adequate and complete identification, and it shall be their duty to file in the offices of the Borough a previous list of the premises to be inspected that day. It shall not be a violation of this chapter to refuse inspection until the owner, occupant or person in charge of the premises has called the Borough offices to confirm the identification, provided that the call is made promptly. No inspection shall be made during other than hours when the Borough offices are open for public business.
C. 
The owner or occupant of every dwelling, dwelling unit or rooming unit or the person in charge thereof shall, upon written notice that entry could not be obtained, make the premises open and available for inspection at a time set by said CEO and stated in the notice. If said time is not practical to said owner, occupant or person in charge, he/she shall promptly notify the CEO and set forth a date and time, within the Borough office hours, when an inspection may be made, but such time must be within 10 days of the CEO's notice. Failure to arrange a practical time as herein stated shall make said owner, occupant or person in charge thereof subject to the civil enforcement provisions of this chapter.
The CEO may from time to time present to the Council Rules and Regulations he/she deems necessary for the property enforcement or interpretation of the provisions of this chapter. The Council may, by ordinance, approve and adopt said rules and regulations or any of them. Such rules and regulations so approved and adopted shall have the same force and effect as the provisions of this chapter, and the penalty for violation thereof shall be the same as the penalty for violation of provisions of this chapter, as hereinafter provided.
The standards contained in the 1996 BOCA National Property Maintenance Code, 1996 International Code, 1996 BOCA National Fire Protection Code, 1993 National Electrical Safety Code, 1996 NFPA 70 - National Electrical Code, 1994 NFPA 101 - Life Safety Code and 1995 International Plumbing Code, or the most recent editions of these codes as adopted by the Council, are adopted and added to existing standards in Chapter 187. If a conflict exists between any adopted code standard and any other standard contained herein, the most restrictive standard shall prevail.
No person shall occupy as owner-occupant or let for occupancy or use any dwelling, rooming house, dwelling unit or rooming unit which does not comply with the following minimum standards for basic equipment and facilities:
A. 
Every dwelling and dwelling unit must be equipped with the following: hot and cold water bathing facilities, either a tub or shower; a hot and cold water washstand and basin; a hot and cold water kitchen sink; and a modern flush-type toilet. All of said equipment must have running water connected in accordance with the plumbing section of Chapter 119, Building Construction.
B. 
Every building used for rooming or lodging shall have a separate room with a water closet or toilet, bathing facilities and washstand on each floor for each sex, and otherwise be equipped and maintained in accordance with the provisions of § 187-13 of this code.
C. 
Every dwelling unit other than single-family dwellings and dwelling units in duplex apartments shall be supplied with adequate rubbish storage facilities, the type and location of which are approved by the Council.
D. 
Every dwelling unit shall have adequate garbage and rubbish disposal facilities or garbage storage containers, the type and location of which are approved by the Council, and conform to Chapter 241, Solid Waste, adopted by the Council.
E. 
Every dwelling unit shall have supplied water-heating facilities which are properly installed, are maintained in safe and good working condition, are properly connected with the hot-water lines and are capable of heating water to such a temperature as to permit an adequate amount of water to be drawn at each required kitchen, sink, lavatory basin, bathtub or shower at a temperature of not less than 120º F. Such supplied water-heating facilities shall be capable of meeting the requirements of this subsection when the dwelling or dwelling unit heating facilities required under the provisions of § 187-9J hereinafter set forth in this chapter are not in operation.
F. 
Every multifamily dwelling having more than two units above the first floor shall have two safe, unobstructed means of egress for each unit which lead to a safe and open space at ground level.
No person shall occupy as owner-occupant or let for occupancy or use any dwelling, dwelling unit, room or rooming unit which does not comply with the following minimum standards for light, ventilation and heating:
A. 
Every habitable room shall have at least one window facing directly to the outdoors. The minimum total window area for every sleeping room with 100 square feet or less of floor area shall be 8% of the floor area. The minimum total window area of every sleeping room with more than 100 square feet of floor area shall be eight square feet plus 5% of each additional 100 feet of floor area. The minimum total window area of every other habitable room shall be 7% of the floor area. For the purposes of this subsection, where a living room faces onto a glass-fronted porch, the porch shall be considered as part of the living room if the total window area is at least 7% of the floor area of the living room.
B. 
Every habitable room shall have at least one window which can be easily opened. The minimum openable area for each window shall be 50%, except where there is supplied some other device, approved by the Housing Inspector, affording adequate ventilation in accordance with Chapter 223, Plumbing, and connected directly with the outdoors.
C. 
Every bathroom or water closet compartment shall have at least one window facing to the outdoors and have a minimum openable area of four square feet, except where there is supplied some other approved device allowed under Chapter 223, Plumbing. Any such device must be connected directly with the outdoors.
D. 
Every laundry room shall have a minimum openable area of at least two square feet, except that some other approved device may be used which affords adequate ventilation. Said device, if used, shall be directly connected with the outdoors.
E. 
Whenever a window of a room faces a wall or other portion of any abutting structure which is located less than three feet from the window and extends to a level above that of the ceiling of the room, the window shall not be counted in calculating window or openable area, unless an exception is allowed by the Code Enforcement Officer.
F. 
A skylight-type window is a window for the purpose of this section except in the case of a kitchen with more than 80 square feet of floor area, a living room or a sleeping room.
G. 
Every sleeping room in every dwelling, rooming house and dwelling unit shall have at least one safe, unobstructed means of egress to a safe place at ground level.
H. 
Every public hall and stairway in every two-family dwelling, multifamily dwelling and rooming house shall be adequately lighted at all times, except that in a two-family dwelling an adequate lighting system which may be turned on when needed by conveniently located light switches shall be permitted instead of a full-time lighting system. Every public hall and stairway in every two-family dwelling, multifamily dwelling and rooming house shall be adequately ventilated.
I. 
Every dwelling, multifamily dwelling and rooming house shall be supplied with electrical facilities, and within the same:
(1) 
Every habitable room shall contain at least two separate floor- or wall-type electric convenience outlets and one ceiling-type electric light fixture.
(2) 
Every water closet compartment, bathroom, laundry room and furnace room shall contain at least one ceiling- or wall-type electric light fixture, and every public hall or stair shall contain at least one ceiling- or wall-type electric light fixture at each landing or turn in the hall and be adequately lighted its entire length.
(3) 
All outlets and fixtures shall be supplied with electric current.
(4) 
All switches shall be readily operable and in good working order.
(5) 
All electric wiring, switches, outlets and connections in multifamily dwellings and rooming houses shall meet the requirements of the Electrical Code of the Borough of Media.
(6) 
Every outlet and fixture shall be properly installed and maintained in good and safe working condition.
J. 
Every dwelling shall have heating facilities which are properly installed and capable of safely and adequately heating all habitable rooms, bathrooms and water closet compartments within its walls to a temperature of at least 70º F. when the outside temperature is 10º F. Portable heating equipment using liquid, gaseous or solid fuel is prohibited. Other portable heating equipment shall be permitted, provided that said other portable heating equipment is auxiliary to the heating facility mentioned hereinabove and provided, further, that said other portable heating equipment is approved by the Code Enforcement Officer. All fuel storage must be in a safe and approved area. The center of every room at a point three feet above floor level shall be the point at which heating adequacy shall be ascertained for the purposes of this subsection.
K. 
In all multifamily dwellings, during that portion of the year when the Code Enforcement Officer deems it necessary for protection against mosquitoes, flies and other insects, every door opening directly from a dwelling unit to outdoor space shall have supplied screens and a self-closing device, and every window or other device with openings to outdoor space used or intended to be used for ventilation shall likewise be supplied with screens. Every basement or cellar window used or intended to be used for ventilation and every other opening to a basement which might provide an entry for rodents shall be supplied with a screen or such other device as to effectively prevent their entry.
No person shall occupy or let for occupancy or use any dwelling, dwelling unit, room or rooming unit, hotel or hotel unit, motel or motel unit, or commercial, business or office until, which does not comply with the following minimum standards for safe and sanitary maintenance:
A. 
Every foundation, exterior wall and exterior roof shall be substantially weathertight, watertight and rodentproof, shall be kept in sound condition and in good repair, shall be capable of affording privacy and shall be safe to use and capable of supporting the load which normal use may cause to be placed thereon.
B. 
Every floor, interior wall and ceiling shall be substantially rodentproof, shall be kept in sound condition and in good repair and shall be safe to use and capable of supporting the load which normal use may cause to be placed thereon.
C. 
Every window, exterior door, interior door and basement hatchway or cellar door shall be substantially weathertight, watertight and rodentproof and shall be kept in sound working condition and in good repair.
D. 
Every inside and outside stairway, porch and any other appurtenances thereto shall be safe to use and capable of supporting the load that normal use may cause to be placed thereon and shall be kept in sound condition and in good repair.
E. 
Every plumbing fixture shall be properly installed and maintained in sound mechanical condition free from defects, leaks and obstructions and in accordance with Chapter 223, Plumbing, and shall be maintained in good sanitary working condition.
F. 
Every water closet compartment floor surface and bathroom floor surface shall be constructed and maintained so as to be substantially impervious to water and so as to permit such floor to be easily kept in a clean and sanitary condition.
G. 
Every supplied facility, piece of equipment or utility which is required under this code and every chimney and smoke pipe shall be constructed and installed so that they will function safely and effectively and shall be maintained in sound working condition.
H. 
Every premises shall be properly graded so as to obtain thorough drainage and so as to prevent the accumulation of stagnant water.
I. 
The exterior wood surface of every dwelling, accessory structure and fence shall be kept in a good condition, and a suitable wood preservative applied to it when needed.
J. 
Accessory structures such as garages, sheds or other accessory outbuildings and fences shall be kept and maintained in good repair within the provisions of this code.
K. 
No owner shall occupy or let for occupancy or use any vacant dwelling unit unless a certificate of occupancy is obtained. No owner, agent or operator shall let for occupancy any single-family dwelling which has been vacated unless a certificate of occupancy has been obtained after a thorough inspection in accordance with this code and approval that said dwelling is clean, sanitary and fit for human occupancy and otherwise complies with this code by the issuance of a certificate by the Code Enforcement Officer.
No owner, operator or occupant shall furnish or use any cooking equipment which does not comply with the following minimum standards:
A. 
Every piece of cooking equipment shall be so constructed and installed that it will function safely and effectively and shall be maintained in sound working condition.
No person shall occupy or let for occupancy or use any dwelling, dwelling unit, room or rooming unit which does not comply with the following minimum standards for space, use and location:
A. 
Every dwelling unit shall contain at least 150 square feet of habitable floor area for the first occupant and at least 100 square feet of additional habitable floor area for each of the next two occupants and at least 75 square feet of additional habitable floor area for each additional occupant.
B. 
In every dwelling unit and in every rooming unit, every room occupied for sleeping purposes by one occupant shall contain at least 65 square feet of floor area and every room occupied for sleeping purposes by more than one occupant shall contain at least 45 square feet of floor area for each occupant.
C. 
Floor area shall be calculated on the basis of habitable room area. At least 1/2 of the floor area of every habitable room shall have a ceiling height of at least seven feet, and the floor area of any part of any room where the ceiling height is less than seven feet shall not be considered as part of the floor area in computing the total floor area of the room to determine maximum permissible occupancy.
D. 
For the purpose of this section, one occupant under seven years of age shall not be counted as an occupant.
E. 
No cellar shall be used for living purposes.
F. 
No basement shall be used for living purposes unless said basement shall comply with all other provisions of this code and the following:
(1) 
The floors and walls are substantially watertight.
(2) 
The total openable area and ceiling height are in accordance with this code.
(3) 
The required window area of every habitable room is entirely above the grade of the ground adjoining such window area, not including stairwells or accessways.
G. 
No dwelling or dwelling unit containing two or more rooms for sleeping shall be arranged so that access to the bathroom or water closet compartment is only through a room used for sleeping, nor shall it be arranged so that access to any room for sleeping is only through a bathroom or water closet compartment, nor shall a dwelling unit contain a room used for sleeping where access is only from another room used for sleeping.
No person shall operate a rooming house or let for occupancy any rooming unit unless such rooming house or rooming unit complies with the following minimum standards:
A. 
The minimum standards set forth by the following sections of this code: § 187-8E (minimum standards for hot and cold waterlines, water-heating facilities and continuation of service), § 187-9, Minimum standards for light, ventilation and heating, § 187-8F (minimum standards for safety from fire), § 187-12, Minimum space, use and location requirements, § 187-10, Maintenance standards, and § 187-14, which sets forth responsibilities of an owner or operator of a rooming house.
B. 
At least one flush water closet, lavatory basin and bathtub or shower, properly connected to a water and sewer system approved by the Housing Officer and in good working condition, shall be supplied for each four persons or fraction thereof residing in a rooming house, including members of the operator's family whenever they share the use of said facilities, provided that in a rooming house where rooms are let only to males, flush urinals may be substituted for not more than 1/2 of the required number of water closets. Every lavatory basin and bathtub or shower shall be supplied with hot water at all times. No such facilities shall be located in the basement.
C. 
Where rooms are let in any rooming house to members of the opposite sex, there shall be a separate flush water closet, lavatory basin and bathtub or shower for each sex occupying said rooming house, and the provisions of the foregoing subsection shall be deemed to apply to each separate sex. Each bathroom, including flush water closet, lavatory basin and bathtub or shower, which is provided for each sex shall be conspicuously marked "Male" or "Female" in such instances where rooms are let to opposite sexes.
D. 
Every flush water closet, flush urinal, lavatory basin, bathtub or shower required by Subsection B shall be located within the rooming house in a room or rooms which:
(1) 
Afford privacy and are separate from the habitable rooms;
(2) 
Are accessible from a common hallway and without going outside the rooming house; and
(3) 
Are on the same floor as the occupants intended to share the facilities.
E. 
The operator of every rooming house shall change the supplied bed linen and towels therein at least twice every week and prior to the letting of any room to any occupant. The operator shall be responsible for the maintenance of all supplied bedding in a clean and sanitary manner.
F. 
The operator of every rooming house shall be responsible for the sanitary maintenance of all walls, floors and ceilings, every other part of the rooming house and of the entire premises.
G. 
Every rooming unit shall have a safe, unobstructed means of egress leading to safe and open space at ground level as required by the laws of this state.
Where in this code the obligation for observance is not otherwise clearly designated, the respective responsibility of owner, operator and occupant is as follows:
A. 
Every owner of a dwelling containing two or more dwelling units shall be responsible for maintaining in a clean and sanitary condition the shared or public areas of the dwelling and premises thereof.
B. 
Every occupant of a dwelling or dwelling unit shall keep in a clean and sanitary condition that part of the dwelling, dwelling unit and premises thereof which he occupies and controls except, in the case of dwelling units, those parts which are common or public areas.
C. 
Garbage, rubbish and refuse.
(1) 
Respecting multifamily dwellings, it shall be the responsibility of the occupant of each dwelling unit to contain his refuse and garbage in a safe, sanitary and orderly manner in proper containers within his unit and at least weekly to deliver it to a common place provided by the owner of the multifamily dwelling for collection.
(2) 
It shall be the responsibility of the owner of a multifamily dwelling to provide proper, clean and separate places, at least one for each building, at or below ground level for the collection and deposit of garbage and rubbish from the units within said dwelling and to provide sufficient, proper, safe and sanitary containers in which the occupiers shall place their rubbish and garbage for collection. The owner shall be responsible for complying with Chapter 241, Solid Waste, in providing containers and fixing places for collection of the garbage and rubbish.
(3) 
The owner shall, at least weekly and more often if necessary, provide for the removal of all rubbish, refuse and garbage which cannot be or is not collected by the Borough of Media, and the owner shall be responsible for keeping the commonly used or public parts, yards, halls and areas of the building premises free and clear of all trash, rubbish and garbage, except in the areas where it is contained or stored awaiting collection.
D. 
Hanging screens.
(1) 
The occupants of each dwelling unit in a building with four or fewer units shall be responsible for the hanging of screens whenever they are required by this chapter, except where in a lease the owner has assumed that responsibility. This shall not, however, limit or restrict the owner's responsibility to supply said screens.
(2) 
In all multifamily dwellings containing more than four units, it shall be the owner's responsibility to provide and hang all the screens required hereunder.
E. 
Every occupant of a dwelling containing a single dwelling unit shall be responsible for the extermination of any insects, rodents or other pests therein or on the premises and every occupant of a dwelling unit in a dwelling containing more than one dwelling unit shall be responsible for such extermination whenever his dwelling unit is the only one infested. Notwithstanding the foregoing provisions of this subsection, whenever infestation is caused by failure of the owner to maintain a dwelling in a ratproof or reasonably insectproof condition, extermination shall be the responsibility of the owner. Whenever infestation exists in two or more of the dwelling units in any dwelling or in the shared or public parts of any dwelling containing two or more dwelling units, extermination thereof shall be the responsibility of the owner.
F. 
Every owner or operator of a rooming house shall be responsible for the extermination of any insects, rodents or other pests in it or in the yard or on the premises.
G. 
Every occupant of a dwelling unit shall keep all supplied facilities, including plumbing fixtures and cooking equipment, in a clean and sanitary condition and shall be responsible for the exercise of reasonable care in their proper use and operation.
H. 
During that time of year when it is necessary, as determined by the Code Enforcement Officer, every owner or operator of every multifamily dwelling or rooming house shall supply adequate heat to every habitable room therein, except where there are separate heating facilities for each dwelling unit, which facilities are under the sole control of the occupant of such dwelling unit.
I. 
No owner, operator or occupant shall cause any service, equipment or utility which is required by this code to be removed, shut off or discontinued for any occupied dwelling let or occupied by him, except for such temporary interruption as may be necessary while actual repairs or alterations are in process or during temporary emergencies.
J. 
Every dwelling of six or more dwelling units in which the owner or operator does not reside shall provide janitorial services.
K. 
A contract effective as between owner and operator, operator and occupant or owner and occupant with regard to compliance hereinunder shall not relieve any party of his direct responsibility under this code.
L. 
Every owner, agent or operator shall advise the occupant, in writing, either by insertion in the lease between the parties or otherwise, of the maximum number of occupants permitted in the premises under this code.
[Amended 11-15-2001 by Ord. No. 954]
Whenever the Code Enforcement Officer or any inspector hereunder determines that there has been a violation of any of the provisions of this code, he shall immediately give notice thereof to the person or persons responsible therefor in accordance with the provisions and procedures as contained in Sections 116, 117, 118, 119 and 120 and all subsections thereof of the "BOCA National Property Maintenance Code; Fifth Edition, 1996," as published by the Building Officials and Code Administrators International, Inc., which provisions are adopted herein and made part hereof as if fully set forth in this chapter.
[Amended 11-15-2001 by Ord. No. 954]
All appeals under this chapter shall be in accordance with the provisions and procedures as contained in Section 111 and all subsections thereof in "Means of Appeal of the BOCA National Property Maintenance Code, Fifth Edition, 1996," as published by the Building Officials and Code Administrators International, Inc., which provisions are adopted herein and made part hereof as if fully set forth in this chapter.[1]
[1]
Editor's Note: Ordinance No. 956, adopted 5-6-2002, provided that the Appeals Board shall be entitled the "BOCA and Life Safety Appeals Board." Ordinance No. 993, adopted 7-15-2004, further provided that the Appeals Board shall be entitled the “Uniform Construction and Life Safety Codes Board of Appeals.”
A. 
Any person, partnership or corporation who or which has violated or permitted the violation of the provisions of this chapter or prior enabling laws shall, upon being found liable therefore in a civil enforcement proceeding commenced by a municipality, any judgment of not more than $500, plus all court costs, including reasonable attorney fees incurred by a municipality as a result thereof.
B. 
Each day that a violation continues shall constitute a separate violation, unless the district justice determining that there has been a violation further determines that there was a good faith basis for the person, partnership or cooperation violating the chapter to have believed that there was no such violation, in which event there shall be deemed to have been only one such violation until the fifth day following the date of the determination of a violation by the district justice and thereafter each day that a violation continues shall constitute a separate violation. All judgments, costs and reasonable attorney fees collected for such violation shall be paid over to the municipality.
In any case where a provision of this chapter is found to be in conflict with a provision of any zoning, building, fire, safety or health ordinance or code of the Borough existing on the effective date of this chapter, the provision which establishes the higher standard for the promotion and protection of the health and safety of the people shall prevail. In any case where a provision of this chapter is found to be in conflict with a provision of any other ordinance or code of the Borough existing on the effective date of this chapter which establishes a lower standard for the promotion and protection of the health and safety of the people, the provisions of this chapter shall be deemed to prevail, and such other ordinances or codes are hereby declared to be repealed to the extent that they may be found in conflict with this chapter.
All provisions of this chapter, including those containing standards and requirements for buildings, equipment and premises of any type (as defined hereinbefore), shall be applicable to all such buildings, equipment and premises, whether or not such dwellings are in existence on the effective date of this chapter.
If any section, subsection, sentence, clause or phrase of this chapter is, for any reason, held to be unconstitutional, such decision shall not affect the validity of the remaining portions of this chapter. The Borough of Media hereby declares that it would have passed this chapter, and each section, subsection, clause or phrase thereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses and phrases be declared unconstitutional.
That this chapter and rules, regulations, provisions, requirements, orders and matters established and adopted hereby shall take effect and be in full force and effect immediately from and after the date of its final passage and adoption.