[HISTORY: Adopted by the Board of Commissioners
of the Township of Nether Providence 9-10-1998 by Ord. No. 627. Amendments
noted where applicable.]
This chapter shall be known and may be cited
as the "Nether Providence Township Housing Code of 1998" or just the
"Housing Code."
This chapter is enacted for the following purposes:
to promote and protect the health, safety, morals and general welfare
of the inhabitants of the Township by providing for the abatement
of overcrowded housing conditions; to ensure adequate lighting, heating,
ventilation, access and egress; to avoid undue concentration of population;
to prevent or correct unhygienic, unsanitary or unsafe conditions
which might constitute a menace to residents and visitors in the Township;
and to conserve property values.
In interpreting and applying the provisions
of this chapter, they shall be held to be the minimum requirements
for the promotion of the public health, safety, morals and general
welfare. Where the provisions of this chapter impose greater restrictions
than those of any other ordinance or regulation, the provisions of
this chapter shall control. Where the provisions of any statute, other
ordinance or regulation impose greater restrictions than this chapter,
the provisions of such statute, other ordinance or regulation shall
control.
As used in this chapter, the following words
shall have the following meanings:
The portion of any dwelling partly underground but having
less than half of its clear floor-to-ceiling height below the average
grade of the adjoining ground.
The portion of any dwelling having half or more than half
of its clear floor-to-ceiling height below the average grade of the
adjoining ground.
The Code Enforcement Officer of the Township.
Any building which is used or intended to be used, in whole
or in part, for living or sleeping by human occupants, provided that
temporary housing shall not be regarded as a dwelling.
Any room or group of rooms located in 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 their food; by poisoning,
spraying, fumigating or trapping; or by any other recognized and legal
pest elimination method.
Solid waste from the preparation, cooking and dispensing
of food and from the handling, storage and sale of produce.
A room or enclosed floor space used or intended to be used
for living, sleeping or eating purposes, excluding bathrooms, laundries,
foyers, pantries, communicating corridors, stairways, closets, basements,
cellars, recreation rooms and storage spaces.
The presence within or around a dwelling of any insects,
rodents or other pests.
A building containing three or more families living independently
of one another.
Any person, including an owner or operator, living and sleeping
in a dwelling, dwelling unit or rooming unit.
The part of a window or door which is available for unobstructed
ventilation and which opens directly to the outdoors.
Any person having charge, care, management or control of
any dwelling or part thereof, in which dwelling units or rooming units
are let.
Any person who, alone or jointly or severally with others
has:
Legal title to any dwelling or dwelling unit,
with or without accompanying actual possession thereof; or
Charge, care or control of any dwelling or dwelling
unit, as owner or agent of the owner, or as executor, administrator,
trustee or guardian or the estate of the owner. Any such person thus
representing the actual owner shall be bound to comply with the provisions
of this chapter and of the rules and regulations adopted pursuant
to this chapter, to the same extent as if he or she were the owner.
An individual, firm, corporation, association or partnership.
Any dwelling or habitable room in a dwelling in which payment
is provided for use of that dwelling or habitable room as an occupant
by someone other than the owner.
[Added 4-14-2011 by Ord. No. 758]
Any rented room or group of such 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.
Installed, furnished or provided by the owner or operator
at his or her expense.
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 Code Enforcement Officer shall enforce the
provisions of this Housing Code. In order to determine compliance
with and to enforce the provisions of this Housing Code, the following
provisions shall apply:
A.
Inspection and access to dwellings. The Code Enforcement
Officer and his or her agents are hereby authorized and directed to
make inspections of the conditions of the dwelling, dwelling units,
rooming units and premises located in the Township. Upon display of
proper identification and official authorization by the Code Enforcement
Officer to inspect a specifically identified unit, a housing inspector
is authorized to enter, examine and survey such units and premises
on weekdays between 9:00 a.m. and 4:00 p.m., or at such other time
as may be necessary in an emergency, or as mutually agreed upon by
the occupant and the Code Enforcement Officer or one of his or her
agents.
B.
Access for repairs. Every occupant of a dwelling unit
or rooming unit shall grant to the owner, or to his or her agents
or employees, free access to it at reasonable times for the purpose
of making repairs or alterations to effect compliance with this Housing
Code.
C.
Notice of violation. All notices and orders shall
be in conformity with Section PM-107.O, Notices and Orders, of the
1996 BOCA Property Maintenance Code.
D.
Appeals from notices of violations. All appeals shall
be in conformity with Section PM-111.0, Means of Appeal, of the 1996
BOCA Property Maintenance Code.
E.
Effective date of notice of violation. Any notice served pursuant to Subsection C hereof shall automatically become an order if a written petition is not filed in the office of the Code Enforcement Officer within 20 days after such notice is filed.
F.
Variances. The Board of Appeals may authorize a variance,
upon written application, from the provisions of this Housing Code
when, because of special conditions, undue hardship would result from
the literal enforcement of such provisions and when such variance
is consistent with the spirit of this Housing Code. In any instance
where the Board of Appeals considers a request for such a variance,
the Board of Appeals shall determine whether or not the unique circumstances
for which the variance is sought were created by the present or former
owners of the property or whether or not they are due to, or the result
of, general conditions in the district in which the property is located.
G.
Emergency action. All emergency actions shall be in
conformity with Section PM-109.0, Emergency Measures, of 1996 BOCA
Property Maintenance Code.
H.
Dwelling unfit for human habitation. Whenever the Code Enforcement Officer finds that a dwelling constitutes a serious hazard to the health or safety of the occupants or to the public because it is dilapidated, unsanitary, vermin-infested, rodent-infested or lacking in basic facilities and equipment required by the Housing Code, he or she shall report such fact to the Board of Commissioners which may designate such dwelling as unfit for human habitation. Such designation shall be posted on the dwelling and shall specify the reason for such a finding. A notice of violation shall also be served in accordance with the provisions of Subsection C hereof. Any dwelling so designated shall be vacated within a reasonable time, as specified by the Board of Commissioners, and shall not again be used for human habitation until the hazard or violation has been eliminated or corrected and until the Board has removed the designation and given written approval for occupancy.
I.
Abatement of violations. If a violation has not been
corrected within the time designated for such correction and the Board
of Commissioners finds that the continuation of such violation constitutes
a public nuisance or hazard, it may order the correction of such violation
by another person, using Township funds to accomplish such correction,
and may charge the cost thereof to the violator, which cost may be
collected as a municipal claim or in any other manner authorized by
commonwealth law.
J.
Adoption of rules and regulations. The Board of Commissioners
is hereby authorized to make and adopt such procedural rules and regulations
as it may deem necessary for the property enforcement of this Housing
Code, provided that such procedural rules and regulations are not
in conflict with the substantiative provisions of this Housing Code.
Such rules and regulations shall have the same force and effect as
the provisions of this Housing Code, and the penalty for a violation
thereof shall be the same as the penalty for a violation of any of
the provisions of this chapter.
K.
Annual inspections; licenses.
[Amended 6-10-2011 by Ord. No. 753; 4-14-2011 by Ord. No. 758]
(1)
All
rental units in any dwellings shall be inspected annually to determine
compliance with this Housing Code. A separate inspection list will
be generated and approved by resolution of the Board of Commissioners
in compliance with the requirements of the Housing Code.
(2)
All
such units that are determined to be in compliance with this Housing
Code shall be issued a license which will be effective until December
31 of any calendar year, or until date of next annual inspection,
whichever is later. Any unit not in compliance will be reinspected
at an additional cost to the owner. After three consecutive failed
inspections the Township Code Enforcement Officer will issue a citation
for noncompliance.
(4)
Inspection
for properties of 40 units and under 53 units. The Township will inspect
1/2 of the units in any one calendar year so each unit is inspected
every two years. Common areas are to be inspected annually.
(5)
Inspection
for properties of 53 and over. The Township will inspect 1/3 of the
units in any one calendar year so each unit is inspected every three
years or once every three years. Common areas are to be inspected
annually.
(6)
Exemption
from rental inspection.
(a)
Any rental unit used exclusively as an “assisted living unit,”
as defined by the PA Department of Public Welfare (DPW) rules and
regulations and is therefore inspected by PA DPW, is exempt from the
Township’s inspection requirement for any year the unit is inspected
by PA DPW. Proof of the PA DPW inspection must be provided to the
Township within 30 days of its completion.
(b)
Any rental unit that is inspected by an insurance or mortgage company
is exempted from the Township’s inspection requirement for any
year that it is inspected by the company. Proof of this inspection
must be provided to the Township within 30 days of its completion.
L.
Registration
of rental unit(s).
[Added 4-14-2011 by Ord. No. 758]
(1)
Owners
are required to register all of their rental units located in the
Township by completing a registration form and paying a one-time registration
fee. Also, notice must be given to the Township upon changeover of
a tenant within 30 days of the new tenant taking up occupancy in the
rental unit.
(2)
Rental
units must be registered within 30 days of passage of this section
or within 60 days from when a tenant takes up occupancy within a rental
unit.
(3)
Failure
to comply with this registration requirement will result in the issuing
of a citation by the Township’s Code Enforcement Officer.
In addition to any specific contractual agreements
between owners and occupants with respect to responsibilities, the
following shall apply:
A.
Maintenance of premises. Every adult occupant of a
dwelling unit or rooming unit shall be responsible for maintaining
in a clean and sanitary condition the premises which he or she occupies
or controls. Every owner of a building containing two or more dwelling
and/or rooming units shall be responsible for maintaining in a clean
and sanitary condition the shared or public areas within and around
such building and premises.
B.
Maintenance of equipment. Every occupant of a dwelling
unit or rooming unit shall be responsible for the exercise of proper
care in the use and operation of all plumbing fixtures, appliances
and equipment therein. Every owner of a building containing two or
more dwelling and/or rooming units shall be responsible for keeping
supplied facilities in proper operating condition.
C.
Waste disposal. Every occupant of a dwelling unit or rooming unit shall dispose of rubbish, garbage and other refuse in accordance with Chapter 149 of the Code. In a structure containing three or more dwelling and/or rooming units, it shall be the responsibility of the owner to assure that adequate rubbish and garbage containers are provided.
D.
Extermination. The renter occupant of a dwelling containing
a single dwelling unit shall be responsible for the extermination
of any rodents, vermin or other pests therein or on the premises.
In a structure containing two or more dwelling and/or rooming units,
the occupant shall be responsible for such extermination whenever
his or her unit is the only one infested. When, however, infestation
of any unit is caused by failure of the owner to maintain such unit
in a rodent-proof condition, or when two or more units within a structure
are infested, extermination shall be the responsibility of the owner.
E.
Discontinuation of utilities or facilities. No owner,
operator or occupant shall cause any service, facility, equipment
or utility, which is required to be supplied under the provisions
of this Housing Code, to be removed from, shut off from or discontinued
for any occupied dwelling unit or rooming unit, except for necessary
repairs, alterations or emergencies.
F.
Occupancy of vacant units. No person shall occupy
or permit to be occupied by another any vacant dwelling unit or rooming
unit unless or until it is in good repair, clean, sanitary, habitable
and in full compliance with the provisions of this Housing Code.
G.
Screening. Every owner of a building containing two
or more dwelling and/or rooming units shall be responsible for providing
every window, door or other opening to the exterior with effective
protection against mosquitoes, flies and other insects.
H.
Security locks. Every owner of a building containing
two or more dwelling and/or rooming units shall provide security locks
on all exterior entrances and exits. These security locks must meet
reasonable standards promulgated by the Fire Marshal.
I.
Minimum level of heat. Every owner of a building containing
two or more dwelling units and/or rooming units shall be responsible
for maintaining the temperature in every occupied unit in such building
at not less than 68º F. during the hours from 7:00 a.m. until
10:00 p.m.
All buildings or structures, dwellings, dwelling
units or rooming units must comply with all of the requirements of
the ordinances of Nether Providence Township and must comply with
all the laws of the Commonwealth of Pennsylvania now in existence
or hereafter adopted or passed by such Township or commonwealth pertaining
to building, plumbing, electrical, fire prevention, housing, health
and safety or any other law or regulation pertaining to housing standards,
including the 1996 Property Maintenance (BOCA) Code and all other
BOCA Codes adopted by the Township (collectively referred to as the
"Building and Safety Codes").
Any person who violates any provision of this
chapter as determined before a District Justice of competent jurisdiction
shall pay a civil penalty of not more than $1,000. Any fine or levy
shall be collectible along with the cost of prosecution before the
District Justice as like fines and penalties are now by law collected.
Each day of occupancy without an occupancy permit shall constitute
a separate offense.
