[HISTORY: Adopted by the Council of the Municipality of Murrysville 8-1-2007
by Ord. No. 742-07.[1] Amendments noted where applicable.]
[1]
Editor's Note: The official rules and procedures for the implementation
of this ordinance specifying the rules for access to keys and passwords, the
role of municipal staff, and internal controls, are on file in the Municipality
offices.
An exterior wall-mounted or recessed key box for use by emergency personnel
shall be installed in an accessible location of all commercial or multiresidential
structures of new construction, at the change of ownership and/or occupancy
of existing commercial structures or on any renovation that requires a building
permit through the Uniform Construction Code. The Building Code Official,
or his designee, in consultation with the Fire District Chief, shall approve
the type, location, key requirement, and key distribution. In addition to
this requirement, all main access roads to and from any commercial structure
within the municipality having a chain or locked gate after hours of operation
would require a padlock equipped with a key box.
All such required key boxes shall have provisions to show an alarm when
the box is opened or removed from its installation. If the premises has an
alarm system, the key box shall be connected to the system.
Residential structures two stories or less in height, with an exit door
leading from each individual unit which discharges directly to a public way,
a yard, or an open space, are exceptions to this chapter.
The Code Enforcement Officer shall give notice, by personal service
or registered mail, to the owner of any failure to install an exterior wall-mounted
or recessed key box, or of any failure to house the appropriate keys within
said key box, or any other violation of this chapter, requiring compliance
with the terms within 10 business days of receipt of said notice.
A.
Upon failure of the owner to timely comply with a notice for the affected premises or promptly meet with the Code Enforcement Officer and/or Fire District Chief to formulate a mutually agreeable remediation plan, in appropriate cases, and to complete same within the agreed-upon time period, the Municipality shall issue a citation in accordance with this subsection and Subsection B.
B.
Enforcement remedy.
(1)
Any person, firm or corporation who or which shall violate
or fail, neglect or refuse to comply with any of the provisions of this chapter
shall, upon conviction thereof in a summary proceeding before a District Justice
having jurisdiction of the matter, be sentenced to pay a fine of not less
than $300 nor more than $1,000 and cost of prosecution and, in default of
payment of such fine and costs, to undergo imprisonment in the county jail
for not more than 30 days, provided that each day's violation shall constitute
a separate offense, and neither notice to the offender of a single day's
violation nor repeated notice of a continuing violation shall be necessary
in order to constitute an offense.
(2)
In addition thereto, the Municipality may institute injunctive,
mandamus or any other appropriate action or proceeding at law or equity for
the enforcement of this chapter or to correct violations of this chapter,
and any court of competent jurisdiction shall have the right to issue restraining
orders, temporary or permanent injunctions or mandamus or other appropriate
forms of remedy or relief.
