[Adopted 6-18-1985 by Ord. No. 309 as Art. 1317 of the 1985
Codified Ordinances]
A.
BASEMENT
BUILDING INSPECTOR
CELLAR
COMMISSIONERS
DWELLING
DWELLING UNFIT FOR HUMAN HABITATION
DWELLING UNIT
EXTERMINATION
GARBAGE
HABITABLE ROOM
INFESTATION
MULTIPLE DWELLING
OCCUPANT
OPERATOR
OWNER
PARTIES IN INTEREST
PERSON
PLUMBING
ROOMING HOUSE
ROOMING UNIT
RUBBISH OR REFUSE
STRUCTURES
SUPPLIED
TEMPORARY HOUSING
TOWNSHIP
The following terms, wherever used or referred to in this article,
shall have the following respective meanings, which definitions shall
apply in the interpretation and enforcement of this article unless
a different meaning clearly appears from the context:
A portion of a building located partly underground but having
less than half its clear floor-to-ceiling height below the average
grade of the adjoining ground.
The officer or other designated authority charged with the
administration and enforcement of this article or his/her duly authorized
representative.
A portion of a building located partly or wholly underground
and having half or more than half of its floor-to-ceiling height below
the average grade of the surrounding ground.
The duly elected members of the Board of Commissioners of
the Township.
Any building which is wholly or partly used or intended to
be used for living or sleeping by human occupants, provided that temporary
housing, as hereinafter defined, shall not be regarded as a dwelling.
Any dwelling which by reason of overcrowding or serious deficiencies
in drainage, plumbing, water supply, light, heat, ventilation, floor
area, or rodent or pest control facilities or by reason of dilapidation,
disrepair or other similar conditions, or because of the need for
major repairs to the roof, walls, ceilings, floors, stairs or other
parts of the dwelling, is unsanitary or unsafe and constitutes a serious
hazard to the health, safety or welfare of the occupants of the dwelling,
or to the public.
Any room or group of rooms, together with the means of ingress
and egress thereto, located within a dwelling and forming a single
habitable unit with facilities which are used or intended to be used
for living, sleeping, cooking and eating.
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 food; by poisoning, spraying,
fumigating, or trapping; or by any other recognized and legal pest
elimination methods approved by the laws of the commonwealth.
The animal and vegetable waste resulting from the handling,
preparation, cooking and consumption of food.
A room or enclosed floor space used or intended to be used
for living, sleeping, cooking or eating purposes, excluding bathrooms,
water closet compartments, laundries, foyers, pantries, communicating
corridors, closets and storage places.
The presence, within a structure and/or the surrounding grounds,
of rats, mice, termites, lice, roaches, water beetles or any similar
pests, in such number to endanger the health or safety of the occupants
or of the surrounding area.
Any dwelling containing two or more dwelling units.
Any person over one year of age living, sleeping, cooking,
or eating in, or having actual possession of, a dwelling unit or rooming
unit.
Any person who owns or has charge, care or control of a structure
or part thereof.
Any person who, alone or jointly or severally with others,
has legal title to any structure, with or without accompanying actual
possession thereof, or shall operate or have charge, care or control
of any structure under an article of agreement, or as executor, executrix,
administrator, administratrix, trustee or guardian of the estate of
the person having legal title. Any person representing the owner as
heretofore defined, as agent, shall be bound to comply with the provisions
of this article, to the same extent as if he/she were the owner, except
that no agent of such owner shall be held personally responsible for
the failure of the owner to make expenditures to comply with the terms
of this article, provided the agent has notified the owner of the
provisions of this article with which he/she is required to comply
and has not been authorized by the owner to make the expenditures
required.
All individuals, associations and corporations who or which
have interests of record in a dwelling or building and who or which
are in possession thereof.
Any individual, firm, corporation, association or partnership.
All of the following supplies, facilities, and equipment:
gas pipes, gas-burning and oil-burning equipment, water pipes, garbage
disposal units, waste pipes, water closets, sinks, installed dishwashers,
lavatories, bathtubs, shower baths, installed clothes-washing and
clothes-drying machines, catch basins, drains, vents and any other
similar supplies and fixtures, together with all connections to water,
sewer, gas or oil lines.
Any dwelling or that part of any dwelling containing one
or more rooming units, in which space is let by the owner or operator
to three or more persons who are not husband or wife, son or daughter,
mother or father, sister or brother, or those standing in such relationships,
of the owner or operator.
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.
Combustible and noncombustible waste materials, except garbage,
and the term shall include the residue from burning wood, coal, coke,
and other combustible materials, paper, rags, cartons, boxes, wood,
excelsior, rubber, leather, tree branches, yard trimmings, tin cans,
metals, mineral matter, glass, crockery and dust.
Buildings of all kinds, including partial and incomplete
buildings and foundations, whether being built or demolished, trailers
of all kinds, and all mobile habitable units with or without wheels.
Paid for, furnished or provided by or under the control of
the owner or operator.
Any tent, trailer or other structure used for human shelter
which is designed to be transportable and which is not attached to
the ground, to another structure or to any utility system on the same
premises for more than 30 consecutive days.
The Township of Rochester, Beaver County, Pennsylvania.
B.
Meaning of certain words. Whenever the words "structure," "dwelling,"
"dwelling unit," "rooming house," "rooming unit" and "premises" are
used in this article, they shall be construed as though they were
followed by the words "or any part thereof." Words used in the singular
include the plural, words in the plural number include the singular,
and the word "building" includes the word "structure."
A.
The Building Inspector shall from time to time make preliminary surveys
in any area of the Township to determine the general condition of
the buildings in that area and to determine whether unsafe and unsanitary
conditions exist.
B.
The Building Inspector is hereby authorized and directed to make
special inspections to determine the condition of dwellings, dwelling
units, rooming units, structures and premises located within the Township
in order that he/she may perform his/her duty of safeguarding the
health and safety of the occupants of dwellings and of the general
public. For the purpose of making such inspections, the Building Inspector
is hereby authorized to enter, examine and survey at all reasonable
times all dwellings, dwelling units, rooming units, structures and
premises where he/she has any reason to suspect that an unsafe or
unsanitary condition may exist.
(1)
Prior to the time of any such inspection a notice of intent to inspect
shall be sent to the owner at least 15 days prior to the inspection
date by certified mail. The owner or occupant, or the person in charge
thereof, shall give the Building Inspector free access to such dwelling,
dwelling units, rooming units, structures and the surrounding premises
at all reasonable times for the purposes of making such inspection
and examination.
(2)
In the event that it becomes necessary under the terms hereof, every
occupant or operator shall give the owner or his/her agent or employee
access to any part of such building or the surrounding premises at
any reasonable time for the purpose of making such repairs or alterations
as are necessary to effect compliance with the provisions of this
article or with any lawful rule or regulation adopted or any lawful
order issued pursuant to the provisions of this article.
C.
The Building Inspector may delegate duties to any other properly
qualified person approved by the Commissioners, except that the Building
Inspector may not delegate his/her power or duty to issue regulations
under this article.
D.
Regulations.
(1)
The Building Inspector may issue regulations setting forth such standards,
conditions and other specifications as he/she deems advisable for
the proper interpretation and enforcement of the provisions of this
article. No regulations so issued shall be effective until approved
by the Commissioners. The regulations may include, but shall not be
limited to, matters respecting:
(a)
Required facilities, utilities and fixtures, illumination, ventilation,
heating, structural condition, good repair and sanitary maintenance
of dwellings;
(b)
The sanitary condition and maintenance of premises;
(c)
The occupancy of dwellings;
(d)
The elimination and prevention of infestation in dwellings;
(e)
The conditions under which a permit for the operation of a rooming
house may be granted; and
(f)
The records to be kept by rooming house operators.
(2)
The regulations shall not be in conflict with the provisions of this
article or with any other ordinance of the Township.
(3)
The regulations shall have the same force and effect as the provisions
of this article, and the penalty for their violation shall be the
same as the penalty for the violation of the provisions of this article.
A.
Whenever the Building Inspector determines that there are reasonable
grounds to believe that there has been a violation of any provision
of this article, or any rule or regulation adopted pursuant thereto,
he/she shall report the same to the Township Commissioners. The Commissioners
shall then view the property, and if they are of the opinion that
a nuisance exists, they shall declare, by resolution, that a nuisance
exists and shall order the abatement thereof within 30 days after
notice, given as hereinafter provided.
B.
In order to determine the manner of abatement of any such nuisance,
the Commissioners may assign one or more persons, experts in the field
of building construction, to inspect any such structure, at the cost
of the Township, and to witness to the Township Commissioners whether
such structure is repairable. If such witness testifies that any structure
is not repairable, the same being found as fact by the Commissioners,
the owner or his/her agent or the occupant thereof shall be notified
by the Township Commissioners to remove such structure within 30 days.
If such witness rules any structure to be repairable, the owner or
his/her agent or the occupant thereof shall be notified by the Township
Commissioners to repair such structure as required in such notice,
within 30 days, or, otherwise, to remove such structure within such
thirty-day period.
C.
Every notice given under this section shall be put in writing; include
a statement of the reasons why it is being issued; state the time
limit within which the act required by it shall be performed; and
be served upon the owner or his/her agent, or the occupant, as the
case may require, provided that such notice shall be deemed to be
properly served upon such owner or agent, or upon such occupant, if
a copy thereof is served upon him/her personally or if a copy thereof
is posted in a conspicuous place in or about the dwelling affected
by the notice, or if the same cannot be served by certified mail,
a copy of the order shall be published once a week for two successive
weeks in a newspaper of general circulation in the Township. Such
notice may contain an outline of remedial action which, if taken,
will effect compliance with the provisions of this article and with
rules and regulations adopted pursuant thereto.
D.
Within the 30 days after any notice given as provided in Subsection A or B hereof, the owner or occupant of the property to which such notice applies may appeal from such order by making written request to the Township Commissioners for a hearing, and execution of such order shall be stayed pending hearing. The Commissioners shall hold such hearing within 10 days after such request and shall notify the person requesting such hearing of the time and place thereof.
E.
Following such hearing the Board of Township Commissioners shall
sustain, modify or withdraw the notice, depending upon its findings
as to whether the provisions of this article and of the rules and
regulations adopted pursuant thereto have been complied with. If the
Commissioners sustain or modify such notice, it shall be deemed to
be an order. The proceedings at such hearing, including the findings
and decision of the Township Commissioners, shall be summarized, reduced
to writing, and entered as a matter of public record in the office
of the Township Secretary. Such record shall also include a copy of
every notice or order issued in connection with the matter. Following
such hearing, the Commissioners shall also furnish copies of the findings
and decision to all parties concerned, including the owner of the
property and any other person allegedly affected thereby. Any person
aggrieved by any such findings and decision of the Commissioners may
seek relief therefrom in any court of competent jurisdiction, as provided
by the laws of the Commonwealth of Pennsylvania.
F.
Whenever the Building Inspector finds that a localized emergency
exists which requires immediate action to protect the public health
or safety, he/she may, without notice or hearing, issue an order reciting
the existence of such an emergency and requiring that such action
be taken as necessary to meet such emergency. Notwithstanding any
other provisions of this article, such order shall be effective immediately.
Any person to whom such order is directed shall comply therewith immediately
but, upon petition, may appeal to the Commissioners, who shall give
priority to such appeal. After such hearing, depending upon the findings
as to whether the provisions of this article and of the rules and
regulations adopted pursuant thereto have been complied with, such
order shall continue in effect or it may be modified or revoked.
G.
If any property owner fails to comply with any notice given as provided
in this section to remedy any condition or to repair or remove a structure,
within the time limit stated in such notice, or with any order made
by the Township Commissioners following hearing, within the time limit
stated in such order, the Building Inspector, either through the regular
employees of the Township or by contract made for such purpose, may
enter upon the property and abate the nuisance by remedying the condition
or by repairing or removing the structure, and the cost thereof, with
an additional charge of 10%, shall be charged against the property
and be collectible by the Township.
A.
At least 15 days prior to the date of initial inspection, the Building
Inspector shall give notice thereof.
B.
The Building Inspector shall make periodic inspection of any dwelling
vacated as unfit for human habitation or any other vacant structure.
Whenever an inspection of any such structure discloses that the structure
by reason of its being a rat harborage or for any other reason has
become a public nuisance or a hazard to the health, safety or welfare
of the public, the Building inspector shall issue a written notice
requiring the owner to remove or demolish the structure.
C.
In the event of the failure to comply with an order issued pursuant
to this section, the Building Inspector with the approval of the Township
Commissioners may institute appropriate actions or proceedings at
law or in equity to restrain, correct or abate the violation of the
order or may cause the order to be carried out at the expense of the
Township. The Township shall recover the amount of the expense from
the owner by a municipal lien filed against the real property or in
any other manner provided by law for the collection of municipal claims.
If the structure is removed or demolished by the order of the Building
Inspector, he/she shall sell the materials of such structure for the
best price obtainable and shall credit the proceeds of such sale against
the cost of removal or demolition, and any balance remaining shall
be disbursed to the owner or paid into the office of the Prothonotary
of the County in accordance with existing law for payment of money
into court.
A.
If any order issued and served in accordance with this article is
not complied with within the time specified therein, the structure
with respect to which the order has been issued is hereby declared
to be a public nuisance, and no person, firm, or corporation that
has knowledge of the issuance of the order shall occupy, as a human
habitation, or in any manner use the structure or any part thereof.
B.
No person, firm or corporation shall, without the written consent
of the Building Inspector, remove or permit the removal of any complaint,
notice or order posted in accordance with the provisions of this article.
C.
When the Building Inspector finds that a structure is unfit for human
habitation or is dangerous within the meaning of this article and
has notified the owner or his/her agent to such effect and the time
limit set for the correction of the defects or for the repair, alteration
or improvement or for the vacation, closing or removal thereof has
expired, no person shall receive rentals, offer rent, or occupy such
structure as a human habitation or for any other purpose.
A.
Every habitable room in buildings hereafter constructed shall have
at least one window or skylight facing directly to the outdoors. The
minimum total window area, measured between stops, for every habitable
room shall be 10% of the floor area of such room. Whenever walls or
other portions of structures face a window of any such room and such
light-obstructing structures are located less than three feet from
the window and extend to a level above that of the ceiling of the
room, such a window shall not be deemed to face directly to the outdoors
and shall not be included as contributing to the required minimum
total window area. Whenever the only window in a room is a skylight-type
window in the top of such room, the total window area of such skylight
shall equal at least 10% of the total floor area of such room. Every
habitable room shall have at least one window or skylight which can
easily be opened or such other device as will adequately ventilate
the room. The total of openable window area in every habitable room
shall be equal to at least 25% of the minimum window area size or
minimum skylight-type window size, as herein provided, except where
there is supplied some other device affording adequate ventilation
and approved by the Building Inspector.
B.
All existing rooms used or to be used for living purposes must conform
to the requirements for light and air. In the event that extreme hardship
is encountered in meeting these requirements, adequate artificial
lighting and ventilation may be approved by the Building Inspector.
The cutting of window space through an outside wall shall not be deemed
a hardship.
A.
No person shall occupy as owner-occupant or let to another for occupancy
any structure for the purpose of living or transaction of business
therein which does not comply with the following requirements:
(1)
Every foundation, floor, wall, ceiling and roof shall be reasonably
weathertight, watertight and rodent-proof, shall be capable of affording
privacy, and shall be kept in good repair.
(2)
Every window, exterior door and basement hatchway shall be reasonably
weathertight, watertight and rodent-proof, and shall be kept in sound
working condition and good repair.
(3)
Every inside and outside stair, every porch, and every appurtenance
thereto shall be so constructed as to 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 good repair by the person
responsible under this article.
(4)
Every plumbing fixture and water and waste pipe shall be properly
installed and maintained in good sanitary working condition, free
from defects, leaks and obstructions.
(5)
Every water closet compartment floor surface and bathroom floor surface
shall be constructed and maintained so as to be reasonably impervious
to water and so as to permit such floor to be easily kept in a clean
and sanitary condition.
(6)
Every supplied facility, piece of equipment or utility which is located
in any structure and which is essential to public health shall be
so constructed or installed that it will function safely and effectively
and shall be maintained in satisfactory working condition by the person
responsible under this article.
B.
No owner shall occupy or let to any other occupant any vacant structure
unless it is clean, sanitary and fit for human occupancy.
C.
No owner, operator or occupant shall cause any service facility,
equipment or utility which is located in any dwelling unit to be removed
from or shut off from or discontinued for any occupied dwelling let
or occupied by him/her, except for such temporary interruption as
may be necessary while actual repairs or alterations are in process,
or during temporary emergencies when discontinuance of service is
approved by the Building Inspector.
No person shall occupy or let to another for occupancy any dwelling
or dwelling unit, for the purpose of living therein, which does not
comply with the following requirements:
A.
Every dwelling unit shall contain at least 150 square feet of floor
space for the first occupant thereof and at least 100 additional square
feet of floor space for every additional occupant thereof, the floor
space to be calculated on the basis of total habitable room area.
B.
In every dwelling unit of two or more rooms, every room occupied
for sleeping purposes by one occupant shall contain at least 70 square
feet of floor space, and every room occupied for sleeping purposes
by more than one occupant shall contain at least 40 square feet of
floor space for each occupant thereof.
C.
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 that
part of any room where the ceiling height is less than four feet shall
not be considered as part of the floor area in computing the total
floor area of the room for the purpose of determining the maximum
permissible occupancy thereof.
D.
No basement space shall be used as a habitable room or dwelling unit
unless the floor and walls are impervious to leakage of underground
and surface runoff water and are insulated against dampness; the total
of window area in each room is equal to at least the minimum window
area sizes as required; such required minimum window area is located
entirely above the grade of the ground adjoining such window area;
and the total of openable window area in each room is equal to at
least the minimum as required by this article, except where there
is supplied some other device affording adequate ventilation and approved
by the Building inspector.
E.
No cellar shall be occupied as a dwelling unit or habitable room.
This subsection shall not be construed to prohibit workrooms, playrooms
or other recreation rooms in cellars. In the event that a cellar is
used as a workroom, playroom or other recreation room it must comply
with the following requirements:
(1)
The floors and walls shall be impervious to leakage of underground
and surface runoff water and protected against dampness. The floors
shall be constructed of material which is easy to keep in a clean
and sanitary condition; and
(2)
There shall be adequate lighting and ventilation and a safe and unobstructed
means of egress.
A.
Responsibility for compliance. Except as provided elsewhere in this
section, the responsibility for compliance with the applicable requirements
of this section shall be upon the person who occupies as owner-occupant
or lets to another for occupancy any dwelling, dwelling unit or rooming
unit. Every occupant of a dwelling unit shall keep all electric, heating
and water supply fixtures therein in a clean and sanitary condition
and shall exercise reasonable care in their proper use and operation.
B.
Electricity supply. Every rented dwelling within 300 feet of power
lines shall be shall be supplied with electricity. Every habitable
room offered for rent shall be supplied with electric lighting facilities.
C.
Electric fixtures and outlets.
(1)
Every communicating corridor, public hall and stairway shall contain
at least one ceiling- or wall-type electric service. Every outlet
and fixture shall be properly installed, maintained in good and safe
working condition and connected to the source of electric energy in
a safe manner in accordance with the requirements of the National
Fire Protection Association.
(2)
Every public hall and stairway in every rooming house and in every
multiple dwelling containing five or more dwelling units shall be
adequately lighted at all times. Every public hall and stairway in
every other dwelling may have conveniently located light switches
which may be turned on when needed instead of full-time lighting.
The Building Inspector may require the adequate lighting at all times
of any public hall or stairway leading to one or more dwelling units
or rooming units in any building or structure occupied in part as
a dwelling and in part for industrial or commercial purposes.
D.
Heating. Every dwelling shall have heating facilities which are properly
installed, maintained in safe and good working condition and capable
of safely and adequately heating all habitable rooms, rooms containing
a water closet, bathtub or shower and communicating corridors in dwelling
units and communicating corridors from rooming units to rooms containing
a water closet, bathtub or shower. The Building Inspector may prohibit
the use of any gas space heater where the heater may constitute a
danger to health or safety. No oil-fired space heaters will be permitted
under any conditions in any dwelling or in commercial or industrial
establishments.
E.
Water supply. Every dwelling unit and rooming house shall be supplied
with piped running water to provide an adequate, safe and sanitary
water supply to every fixture connected with the water supply and
drainage system.
F.
Installation and maintenance. Every gas pipe, water pipe, garbage
disposal unit, waste pipe, water closet, flush urinal, sink, installed
dishwasher, lavatory basin, bathtub, shower, installed clothes-washing
machine, catch basin, drain, vent, gas-burning fixture, any device
connected with the water supply and drainage systems, or any other
similar fixture, together with all connections to water, sewer or
gas lines, shall be cleanable and shall be installed and maintained
in good, sanitary working condition, free from defects, leaks and
obstructions, and in accordance with the laws of the Commonwealth
of Pennsylvania and the ordinances of the Township. Every kitchen
sink, lavatory basin, water closet, flush urinal, bathtub or shower
shall be connected to the water supply system and to a sewer system
which is subject to the approval of the Building Inspector. All gas-burning
equipment and plumbing equipment must be vented to the exterior of
the building.
G.
Kitchen sinks. Every dwelling unit shall contain an installed sink
which shall be located in the kitchen, pantry or utility room.
H.
Water closets, lavatory basins and bathtubs or showers in dwellings
other than rooming houses. Every dwelling unit shall be provided with
at least one flush water closet, lavatory basin, and bathtub or shower
within the dwelling unit, except that the occupants of not more than
two dwelling units may share a single water closet, a single lavatory
basin, and a single bathtub or shower within the dwelling if neither
of the dwelling units contains more than 250 square feet of floor
area. Each dwelling unit shall be situated so that access to a water
closet, lavatory basin, and bathtub or shower may be made independent
of other dwelling units.
I.
Water closets, lavatory basins and bathtubs and showers in rooming
houses. There shall be at least one flush water closet, one lavatory
basin, one bathtub or shower within every rooming house for each six
persons or fraction thereof, including members of the operator's
family whenever they share the use of such facilities. Means of ingress
to each water closet, lavatory basin, bathtub or shower shall be made
without entering a rooming unit of another occupant.
Every occupant of a dwelling containing a single dwelling unit
shall be responsible for the extermination of any insects, rodents
or other pests in the dwelling or on the premises. Every occupant
of a dwelling unit in a dwelling containing more than one dwelling
unit shall be responsible for extermination whenever his/her dwelling
unit is the only one infested, except that where infestation is caused
by failure of the owner to maintain the dwelling in a rodent-proof
or reasonably insect-proof 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,
extermination shall be the responsibility of the owner. Whenever infestation
exists in any rooming house, extermination shall be the responsibility
of the operator. Whenever infestation exists in any other structure,
extermination shall be the responsibility of the occupant, or the
owner if vacant.
A.
Every dwelling unit shall be supplied by the occupant with adequate
refuse storage facilities or refuse disposal facilities. Refuse storage
facilities shall be made of metal or equivalent materials, shall be
watertight, and shall be provided with tight covers which shall be
kept securely closed at all times. The type and location of refuse
storage facilities and refuse disposal facilities shall be subject
to approval by the Building Inspector.
B.
The occupant of every dwelling unit or rooming unit shall be responsible
for the storage of garbage and rubbish in a clean and sanitary manner
in accordance with the provisions of this article and in compliance
with the ordinances of the Township. Except where otherwise provided
in this section, the occupant of every dwelling unit where an incinerator
is used shall be responsible for the clean and sanitary disposal of
any residue remaining after incineration. Where an incinerator is
used in a rooming house, the owner or operator shall be responsible
for the clean and sanitary disposal of any residue remaining after
incineration.
A.
Drainage. No person shall occupy as owner-occupant or let to another
for occupancy any dwelling unless the premises are properly graded
and drained. Any drainage required by the laws of the commonwealth
or the ordinances of the Township shall be constructed in accordance
with such laws or ordinances.
B.
Occupant or operator responsibility.
(1)
Every occupant of a dwelling unit shall keep in a clean and sanitary
condition and free from any accumulation of dirt, refuse, debris or
other matter that part of the dwelling and premises which he/she occupies
and controls, including the shared and public areas.
(2)
Every means of ingress and egress for commercial establishments shall
be kept unobstructed and free of any accumulation of debris by the
operator.
C.
Rooming houses. The operator of every rooming house shall be responsible
for the sanitary maintenance of all walls, floors, and ceilings and
for the maintenance of a sanitary condition in every part of the rooming
house.
D.
Occupancy and letting of dwelling units and rooming units. No person
shall occupy as owner-occupant or let to another for occupancy any
vacant dwelling unit or rooming unit unless it is clean, sanitary,
in good repair and fit for human occupancy.
A.
No person shall operate a rooming house or shall let to another for
occupancy any rooming unit in any rooming house unless he/she first
applies for and receives a nontransferable permit to operate such
rooming house. Application for such permit shall be made at the office
of the Township Secretary. The operator of every rooming house shall
be responsible for the maintenance of all supplied bedding in a clean
and sanitary manner, and all bed linen and towels shall be changed
at least once each week and prior to the letting of any room to any
occupant. Every room occupied for sleeping purposes by one person
shall contain at least 70 square feet of floor space or, in the event
of more than one person per room, at least 40 square feet of floor
space per person.
B.
Whenever, upon the inspection of any rooming house, the Building
Inspector finds conditions or practices in violation of this article
he/she shall give notice in writing to the operator of such rooming
house that, unless such conditions and/or practices are corrected
within a period of time to be set by the Building Inspector, the operator's
permit shall be suspended. At the expiration of this period, if such
violations still are not corrected, the operator's permit shall
be revoked. Such operator may request and be granted a hearing on
any violations before the Board of Commissioners under the provisions
of this article.
A.
The Building Inspector of the Township is hereby designated as the
officer to exercise the powers prescribed by this article. The Building
Inspector shall submit periodic reports and recommendations for additional
regulations to the Commissioners of the Township. The powers given
to the Inspector by the provisions of this article shall be in addition
and supplemental to the powers conferred upon the Inspector by any
other ordinances.
B.
Nothing herein shall be construed to impair or limit in any way the
power of the Township to define and declare nuisances and to cause
their removal or abatement by proper proceedings. The measures and
procedures herein provided for do not supersede, and this article
does not repeal, any other measures or procedures which are provided
by ordinance or state law for the elimination, repair or correction
of the conditions referred to in this article, and the measures and
procedures herein provided for shall be in addition to the same, except
that where any provision of this article conflicts with a provision
of any other ordinance of the Township the more restrictive provision
shall prevail.
[Amended 7-19-2001 by Ord. No. 388]
Whoever violates any provision of this article shall be fined
not more than $1,000, plus costs of prosecution, and, in default of
payment of such fine and costs, imprisoned for a term not exceeding
30 days. Each day's violation of any provision of this article
shall constitute a separate offense.
