[HISTORY: Adopted by the Borough Council of the Borough of
Eddystone 7-17-1967 by Ord. No. 406, approved 7-19-1967. Amendments noted where applicable.]
GENERAL REFERENCES
Brush, grass and weeds — See Ch. 81.
Building construction — See Ch. 85.
Certificates of occupancy — See Ch. 97.
Electrical standards — See Ch. 119.
Fire prevention — See Ch. 143.
Plumbing — See Ch. 222.
Property maintenance — See Ch. 230.
Sewers — See Ch. 242.
Solid waste — See Ch. 251.
The purpose of this chapter is to protect the public health,
safety and welfare by enacting a Housing Code which:
A.
Establishes minimum standards for basic equipment and facilities;
for light, ventilation and hearing; for safety from fire; for space,
use and location; for safe and sanitary maintenance; for all dwellings
now in existence or hereafter constructed.
B.
Determines the responsibilities of agents, owners, operators and
occupants of dwellings.
C.
Provides, as an incident to the primary regulations, for licensing
of the operation of rooming houses and multifamily dwellings.
D.
Provides for administration, enforcement and penalties.
E.
Prevents existing and future structures from becoming substandard
due to deterioration.
Where the following words are used in this chapter, they shall
be defined as follows:
In accordance with all laws, ordinances, etc., of the Borough
and Commonwealth of Pennsylvania.
A portion of any dwelling located partially underground but
having less than half its clear floor-to-ceiling height below the
average grade of the adjoining ground.
The Building Code of the Borough of Eddystone.[1]
A 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 Chairman of the Public Safety Committee of the Borough
of Eddystone.
The Eddystone Housing Code and the regulations adopted under
it.
The Public Safety Committee established by the Borough Council.
Any family dwelling containing two dwelling units.
A building or structure, except temporary housing, which
is wholly or partly used or intended to be used for living or sleeping
by human occupants.
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.
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 Chairman.
A group of persons related by blood, marriage or adoption.
Animal or vegetable waste matter or refuse.
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 room and storage spaces.
The Eddystone Borough Council, for which provision is made in § 172-15 hereof.
The presence within or around a dwelling of any insects,
rodents or other pests.
A person appointed by the Eddystone Borough Council to make
inspections under this chapter.
Any dwelling or part thereof containing more than two dwelling
units.
Any person (including an owner or operator) living or sleeping
in a dwelling unit or rooming unit.
The part of a window which is available for unobstructed
ventilation which opens directly to the outdoors.
Any person having charge, care, management or control of
any dwelling or part of it in which dwelling units or rooming units
are let. For the purpose of definition, a real estate agent collecting
the rent shall be deemed an operator under this code. Such rental
agent shall not be deemed an operator or owner under this code if
he/she, in writing, within five days from receipt of notice of alleged
violation, advises the Chairman that he/she has no authority to spend
money to alter, improve, manage or repair the dwelling or structure
involved and gives the correct name and address of his principal,
in writing, to said Chairman.
Any person who, alone or jointly or severally with others,
holds legal or equitable title to any dwelling as defined above this
section. Beneficiaries of any trust or estate, for the purposes of
this code, shall not be deemed to hold equitable title to any dwelling,
rooming house, dwelling unit or rooming unit.
Any individual, firm, corporation, association or partnership
or any other legal entity.
The Plumbing Code of the Borough of Eddystone and all rules
and regulations set forth thereunder.[2]
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.
Any lot, plot or parcel of land, including the buildings
and structures thereon and the yard as defined hereinafter.
Any dwelling or part thereof containing more than one rooming
unit, in which space is let to one or more persons.
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.
Any waste, refuse or rejected material not garbage.
A dwelling containing no more than one dwelling unit.
Installed, furnished or provided by the owner or operator
at his expense.
Any dwelling not in accordance with the minimum standards
of the code.
Structurally unsafe or unsound, unstable, unsanitary, inadequately
provided with exit facilities, constituting a fire or health hazard,
unsuitable or improper for the use or occupancy being exercised or
maintained, 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.
All ground, lawn, court, walks, driveway or other open space
constituting part of the same premises as a dwelling and includable
in the definition of "premises."
No person shall operate a rooming house or shall let to another
for occupancy any rooming unit unless such rooming house or rooming
unit complies with the following licensing requirements:
A.
No person shall operate a rooming house unless he/she has obtained
from the Committee a license to operate such rooming house.
B.
Every person applying for a license shall supply such information,
in writing, as the Committee requires and shall pay an annual license
fee of $2 per year, plus $1 for each rooming unit within such rooming
house.
[Amended 4-11-1977 by Ord. No. 448, approved 4-11-1977; 5-9-1983 by Ord. No.
482, approved 5-9-1983]
C.
The Committee shall not issue a license unless the rooming house
for which the license is requested is in compliance with this code.
D.
Every license shall specify the maximum number of occupants allowed
to occupy the rooming house.
E.
Every license shall be displayed in a conspicuous place within the
rooming house.
F.
Every rooming house license shall be and remain in force from March 1 of each year until the last day of February next following, unless sooner revoked as provided in Subsection I.
G.
No license required by this section shall be transferable.
(1)
Every person holding a license shall give notice, in writing, to
the Chairman within 24 hours after having sold, transferred, given
away or otherwise disposed of the ownership of, interest in or control
of any rooming house.
(2)
Every new owner, operator, transferee or any person obtaining new
ownership, control or interest in any rooming house in any manner
shall give notice, in writing, to the Chairman within 10 days after
the transfer in any manner of ownership or control.
H.
No license will be renewed until a reinspection of the rooming house
has been completed and approved.
I.
Whenever, upon inspection of any rooming house, it is found that
conditions or practices exist which are in violation of any provision
of this chapter or of any rule or regulation adopted pursuant thereto,
the Chairman shall give notice, in writing, to the operator of such
rooming house, and unless such conditions or practices are corrected
within a reasonable period, to be determined by the Chairman of the
Public Safety Committee, the operator's rooming house license
shall be suspended. At the end of such period the Chairman shall reinstate
such rooming house, or if he/she finds that such conditions or practices
have not been corrected, he/she shall give notice to the operator
that the latter's license has been suspended. Upon receipt of
a notice of suspension, such operator shall immediately cease operation
of such rooming house, and no person shall occupy for sleeping or
living purposes any rooming unit therein.
J.
Any person whose license to operate a rooming house has been suspended or who has received notice from the Chairman of the Public Safety Committee that his license is to be suspended unless existing conditions or practices at his rooming house are corrected may request and shall be granted a hearing on the matter before the Chairman of the Public Safety Committee under the procedure provided by § 172-14 of this chapter, provided that if no petition for such hearing is filed within five days following the day on which such license was suspended, such license shall be deemed to be automatically revoked.
A.
No person shall operate a multifamily dwelling unless he/she has
obtained from the Committee a license to operate such multifamily
dwelling.
B.
Every person applying for a license shall apply such information,
in writing, as the Committee requires and shall pay an initial license
fee of $4 and and annual fee of $2 for each dwelling unit within such
multifamily dwelling.
[Amended 4-11-1977 by Ord. No. 448, approved 4-11-1977; 5-9-1983 by Ord. No.
482, approved 5-9-1983]
C.
The Committee shall not issue a license unless the multifamily dwelling
for which the license is requested is in compliance with this code.
D.
Every license shall be displayed in a conspicuous place within the
multifamily dwelling.
E.
Every multifamily dwelling license shall remain in force for one
year from March 1 until the last day of February in the next following
year, unless sooner revoked under the provisions of this chapter.
F.
No license required by this section shall be transferable unless
the new owner or operator shall give notice, in writing, to the Committee
within 10 days after the transfer in any manner of ownership or control
of the interest in such multifamily dwelling. Such notice shall include
the name and address of the person succeeding to the ownership or
control.
G.
Whenever the Committee determines that there exists any violation of this code, it shall serve notice as provided in § 172-14A and may notify the owner or operator, in writing, that unless the notice of violation is complied with, the multifamily dwelling license may be revoked. After the expiration of the time for compliance as stated in the notice of violation, a reinspection shall be made to determine compliance. If the violation has not been corrected and no appeal is pending, the Committee may revoke the multifamily dwelling license and, in such event, shall serve written notice upon the owner or operator for such action.
H.
Any person whose application for a license to operate a multifamily dwelling has been denied may appeal to the Committee as provided in § 172-14 of this chapter.
I.
No license will be renewed until a reinspection of the multifamily
dwelling has been completed and approved.
A.
The Chairman of the Public Safety Committee or his agents are hereby
authorized and directed to make inspections to determine the condition
of dwellings, dwelling units, rooms, rooming units and premises located
within the Borough of Eddystone in order that he/she may perform his
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 Chairman or his agents are hereby authorized to enter, examine
and survey at all reasonable times all dwellings, dwelling units,
rooms, rooming units and premises, and the person in charge thereof
shall give the Chairman or his agents access to such dwelling, dwelling
unit, room or rooming unit and its premises at all reasonable times
for the purpose of such inspection, examination and survey. Every
occupant of a dwelling or dwelling unit shall give the owner thereof
or his agent or employee access to any part of such dwelling unit
or its premises at all reasonable times for the purpose of making
such repairs or alterations as are necessary to effect compliance
with the provisions of this code and with any lawful order issued
pursuant to the provisions of this code.
B.
For the purposes of this section, where the word "Chairman" is used,
the authority set forth shall apply to all authorized inspectors under
the control of the Chairman.
C.
For the purpose of this section, the owner or occupant of every dwelling,
dwelling unit or rooming unit, or the person in charge thereof, shall,
upon notice of an inspector of the Public Safety Committee or the
Chairman of the Public Safety Committee or any other health officer
connected therewith that entry could not be obtained into any dwelling,
dwelling unit, room, rooming unit or premises pursuant to this code
for any reason, make the dwelling, dwelling unit, room, rooming unit
or premises open and available for inspection at a time set by said
inspector, Chairman or officer in said notice. If said time set forth
in said notice shall be for any reason impracticable to said owner,
occupant or person in charge, written notification of such must be
received by the Public Safety Committee within five days of said notice,
setting forth a date when an inspection shall be convenient and practicable.
Said date, however, shall be within the time limit set according to
the notice. Failure to make written reply to said notice should the
time set therein be impracticable shall be deemed a consent that said
time set in said notice is agreeable and practicable, and a failure
to afford the Chairman, inspector or any other health officer connected
with the Public Safety Committee access to said dwelling, dwelling
unit, room, rooming unit or premises for the purpose of inspection
on said date at said time set forth in the notice shall make said
owner, occupant or person in charge thereof subject to the penal provisions
as set forth hereinafter.
The Chairman of the Public Safety Committee may, from time to
time, present to the Borough Council such suggested rules and regulations
as he/she may deem necessary for the proper enforcement of the provisions
of this chapter. The Borough 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.
No person shall occupy as owner-occupant or shall let to another
for occupancy 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 a modern flush-type toilet, bathing facilities, either tub or shower, and kitchen sink with hot and cold running water in accordance with Chapter 222, Plumbing.
B.
Every building used for rooming or lodging shall have separate water closets, toilet room and bathing facilities and washstand on each floor, for each sex, in accordance with the provisions of § 172-12 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 shall be approved
by the Committee.
D.
Every dwelling unit shall have adequate garbage disposal facilities
or garbage storage containers, the type and location of which shall
be approved by the Committee.
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 required under the provisions of Subsection A hereof and are capable of heating water to such a temperature as to permit an adequate amount of water to be drawn at every required kitchen sink, lavatory basin, bathtub or shower at a temperature of not less than 120° 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 § 172-8J 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 shall let to another
for occupancy 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 of every room with
100 square feet or less of floor area shall be 12 square feet. The
minimum total window area of every room with more than 100 square
feet of floor area shall be 1/8 of the superficial floor area. For
the purposes of this section, where a living room faces into a glass-fronted
porch, the porch shall be considered as part of the living room if
the total window area is at least 1/8 of the superficial 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 Chairman as affording adequate ventilation which is in accordance with Chapter 222, Plumbing. Any such device for purposes of ventilation shall be connected directly with the outdoors.
C.
Every bathroom shall have at least one window facing to the outdoors and having a minimum openable area of six square feet except where there is supplied some other device approved by the Chairman as affording adequate ventilation which is in accordance with Chapter 222, Plumbing. In the case of a water closet compartment, the area of the window shall be a minimum of four square feet. Any such device aforementioned, other than a window facing the outdoors, must be connected directly with the outdoors.
D.
Every laundry room shall have a minimum openable area of at least
two square feet except where there is supplied some other device approved
by the Committee as affording adequate ventilation. Said device hereinbefore
mentioned, other than the openable area, 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 area or openable
area, unless otherwise approved by the Chairman.
F.
A skylight-type window is a window for the purposes 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 it all times,
except that in a two-family dwelling an adequate lighting system which
may be turned on when needed by conveniently located 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 within 300 feet of a power line shall be supplied
with electrical facilities. Within such dwellings:
(1)
Every habitable room shall contain at least two separate floor- or
wall-type electric convenience outlets, or one such convenience outlet
and one supplied ceiling-type electric light fixture.
(2)
Every water closet compartment, bathroom, laundry room, furnace room
and public hall shall contain at least one supplied ceiling- or wall-type
electric light fixture.
(3)
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 70° F. when the outside temperature is 10° 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 Chairman. All fuel storage
must be kept 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 section.
K.
In all multifamily dwellings during that portion of the year when
the Chairman 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 as owner-occupant or shall let to another
for occupancy any dwelling, dwelling unit, room or rooming unit 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 222, 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 so constructed
and installed that it 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 by the application of
a suitable wood preservative.
J.
Accessory structures, such as garages, sheds or other accessory outbuildings
and fences, shall be kept and maintained in good repair in accordance
with the provisions of this code applicable thereto.
L.
No owner, agent or operator shall let to any other occupant 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 by the Chairman of the Public Safety Committee, his agents or
inspectors and approval thereupon is obtained that said dwelling is
clean, sanitary and fit for human occupancy and otherwise complies
with the various sections of this code.
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 to another for occupancy 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, 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:
G.
No dwelling or dwelling unit containing two or more rooms used for
sleeping shall have such room arrangements that access to bathroom
or water closet compartments intended for use by occupants of more
than one room used for sleeping can be had only by going through another
room used for sleeping; nor shall arrangements be such that access
to a room used for sleeping can be had by going through another room
used for sleeping or a bathroom or water closet compartment.
No person shall operate a rooming house or shall let to another
for occupancy any rooming unit unless such rooming house or rooming
unit complies with the following minimum standards:
A.
Every rooming house and every rooming unit shall be in compliance with the minimum standards set forth by the following sections of this code: § 172-7E (minimum standards for hot and cold water lines, water heating facilities and continuation of service); § 172-8 (minimum standards for light, ventilation and heating); § 172-7F (minimum standards for safety from fire); § 172-11 (minimum standards for space, use and location); § 172-9 (minimum standards for safe and sanitary maintenance); and § 172-13, 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 Chairman
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. All such facilities shall be
so located within the dwelling as to be reasonably accessible from
a common hall or passageway to all persons sharing such facilities.
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 except by written approval of the Chairman.
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 hereof shall be located within the rooming house in a room or rooms which:
E.
The operator of every rooming house shall change supplied bed linen
and towels therein at least once 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 and for the
maintenance of sanitary conditions in every other part of the rooming
house, and he/she shall be further responsible for the sanitary maintenance
of the entire premises where the entire structure or building is leased
or occupied by the operator.
G.
Every rooming unit shall have a safe, unobstructed means of egress
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 area of the dwelling and premises thereof, whether
said owner is owner-occupant or not.
B.
Every occupant of a dwelling or dwelling unit shall keep in a clean
and sanitary condition that part of the dwelling unit and premises
thereof which he/she occupies and controls.
C.
Every occupant of a dwelling or dwelling unit shall dispose of all his rubbish in a clean and sanitary manner by placing it in the rubbish containers required by § 172-7C of this chapter.
D.
Every occupant of a dwelling or dwelling unit shall dispose of all his garbage and any other organic waste which might provide food for rodents in a clean and sanitary manner by placing it in the garbage disposal facilities or garbage storage containers required by § 172-7D of this chapter.
E.
It shall be the responsibility of the occupant to supply trash and
garbage storage facilities and/or containers for said occupant's
dwelling unit. And it shall be the responsibility of the owner to
provide adequate, safe and proper space for containers on or below
ground level for the deposit of trash and/or garbage for each dwelling
unit in a dwelling containing more than two dwelling units and for
all dwelling units located on premises where more than four dwelling
units share the same premises.
F.
Every occupant of a dwelling or dwelling unit shall be responsible
for hanging all screens whenever the same are required under the provisions
of this chapter or of any rule or regulation adopted pursuant thereto,
except where the owner has agreed to supply such service. Such agreement
must be in writing and set forth in the lease.
G.
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 a failure of the owner
to maintain a dwelling in a ratproof or reasonable 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.
H.
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.
I.
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.
J.
During that time of the year when it is necessary, as determined
by the Public Safety Committee, every owner or operator of every multifamily
dwelling and 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.
K.
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/her,
except for such temporary interruption as may be necessary while actual
repairs or alterations are in process or during temporary emergencies.
L.
Every dwelling of six or more dwelling units in which the owner or
operator does not reside shall provide janitorial services.
M.
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.
N.
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 occupied premises
under this code.
A.
Whenever the Chairman or his agent determines that there are reasonable
grounds to believe that there has been a violation of any provisions
of this chapter or of any rule or regulation adopted pursuant thereto,
he/she shall give notice of such alleged violation to the person or
persons responsible therefor as hereinafter provided.
(1)
Such notice shall:
(a)
Be put in writing.
(b)
Include a statement of the reasons why it is being issued.
(c)
Allow a reasonable time for the performance of any act it requires.
(d)
Be served upon the owner or his agent or upon 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 an occupant
if a copy thereof is served upon him/her personally or if a copy thereof
is sent by registered mail to his last known address, or if a copy
thereof is posted in a conspicuous place in or about the dwelling
or premises affected by the notice, or if he/she is served with such
notice by any other method authorized or required under the laws of
this state.
(2)
Such notice may contain an outline of remedial action which, if taken,
will effect compliance with the provisions of this chapter and with
rules and regulations adopted pursuant thereto.
B.
Any person affected by any notice which has been issued in connection
with the enforcement of any provision of this chapter or of any rule
or regulation adopted pursuant thereto may request and shall be granted
a hearing on the matter before the Chairman, provided that such person
shall file in the office of the Chairman a written request for such
hearing within five days after the date said notice was served or
posted. Upon receipt of such request, the Chairman shall set a time
and place for such hearing and shall give the petitioner written notice
thereof. At such hearing the petitioner shall be given an opportunity
to be heard and to show why such notice should be modified or withdrawn.
The hearing shall be commenced not later than 10 days after the day
on which the request was filed, provided that upon application of
the petitioner, the Chairman may postpone the date of the hearing
for a reasonable time beyond such ten-day period if, in his judgment,
the petitioner has submitted a good and sufficient reason for such
postponement.
C.
After such hearing, the Chairman shall sustain, modify or withdraw
the notice, depending upon his finding as to whether the provisions
of this chapter and of the rules and regulations adopted pursuant
thereto have been complied with. If the Chairman sustains or modifies
such notice, it shall be deemed to be an order.
D.
Any notice served pursuant to Subsection A of this section shall automatically become an order if a written request for a hearing is not filed in the office of the Chairman within five days after such notice is served or posted.
E.
After a hearing in the case of any notice suspending any license
required by this chapter or by any rule or regulation adopted pursuant
thereto, when such notice has been sustained by the Chairman, the
license shall be deemed to have been revoked. Any such license which
has been suspended by a notice shall be deemed to automatically be
revoked if a petition for hearing is not filed in the office of the
Chairman within 10 days after such notice is served.
F.
The proceedings at such hearing, including the findings and decision of the Chairman, shall be summarized, reduced to writing and entered as a matter of public record in the office of the Borough Secretary. Said record shall also include a copy of every notice or order issued in connection with the matter. Any person aggrieved by the decision of the Chairman may seek relief by petitioning the Eddystone Borough Council for review, as set forth in § 172-15; provided, however, that said petition to the Eddystone Borough Council shall be filed with the Borough Secretary within 10 days of said decision and notice thereof, or said decision shall automatically become an order from which a petition to the Eddystone Borough Council is prohibited.
G.
Whenever the Chairman or his agents find that an emergency exists
which requires immediate action to protect the public health, welfare,
morals 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 he/she deems necessary to meet the emergency.
Notwithstanding the other provisions of this chapter, such order shall
be effective immediately, but upon petition to the Chairman the petitioner
shall be afforded a hearing as soon as possible. After such hearing,
depending upon his finding as to whether the provisions of this chapter
and of the rules and regulations adopted pursuant thereto have been
complied with, the Chairman shall continue such order in effect, or
modify it or revoke it.
H.
Nothing in this section shall prevent the Chairman of the Public
Safety Committee, in an emergency where there is imminent danger to
public health, welfare, safety or morals, from taking what action
he/she deems necessary to abate or remove said danger without notice
to any party.
I.
When, upon reexamination after the expiration of the time for compliance,
the Committee finds that the violation has not been corrected, and
when the Committee finds that the continuation of such violation constitutes
a public nuisance, it may, itself or by contract, correct the violation
and charge the costs thereof to the violator. Said costs shall be
recoverable by the Borough in an action of assumpsit or shall be a
lien upon the property of said owner after demand and refusal. The
Borough Solicitor, on receipt of information from the Public Safety
Committee, shall file said lien.
J.
When any building or structure or any portion thereof is found to
be unsafe by the Chairman of the Public Safety Committee, in accordance
with the law, said Chairman shall order such building or structure
or any portion thereof to be made safe or said Chairman may order
said structure or portion thereof demolished.
K.
When a building or structure or any portion thereof is found unsafe
by the Chairman, said Chairman shall order the inmates and occupants
to vacate the same forthwith. He/she shall, when necessary for the
public safety, temporarily close sidewalks, streets, buildings, structures
and places adjacent to or affected by said unsafe building or structure
or portion thereof and prohibit the same from being used.
L.
The procedure which shall be followed in the case of unsafe buildings
or structures or portions thereof shall be the same as that followed
in this section, except that after notice has been given and 10 days
have elapsed without a petition for a hearing having been filed or
the conditions complained of remedied in accordance with the Chairman's
orders, said Chairman shall post an additional notice in duplicate
setting forth that after five days from posting, the Borough will,
through its own agents, employees and/or contractors, carry out the
order of said Chairman. The costs expended by the Borough of Eddystone
shall constitute a lien on the property upon which said costs shall
have been expended for the enforcement of said order, and said lien
shall be filed by the Borough Solicitor after 30 days have been given
the owner of the property affected, with a demand to reimburse said
Borough for said costs expended, and said demand has been refused
and the Borough has not been reimbursed its cost.
A.
Any person aggrieved by any decision of the Chairman after a proper request for a hearing and decision by said Chairman pursuant to § 172-14B may appeal from this decision to the Housing Board of Appeals hereby established, which shall be the Eddystone Borough Council. Such appeal shall be in writing and shall set forth the decision appealed from and the reasons for the appeal. It shall be verified by affidavit and shall be filed with the Borough Secretary. It shall be the duty of the Borough Secretary to bring said appeal to the attention of the Housing Board of Appeals, which shall proceed to consider said appeal at a meeting to be fixed therefor not longer than 10 days from the date of filing of such appeal. The person appealing shall have the right to appear and be heard if he/she states such desire in his written appeal. A copy of said verified petition for appeal shall be served upon the Chairman of the Public Safety Committee at the time of said appeal.
B.
Any person aggrieved by the decision of the Housing Board of Appeals
may, within 30 days after the filing of such decision in the office
of the Borough Secretary, appeal to the Court of Common Pleas of Delaware
County.
C.
Any person appealing from the decision of the Chairman of the Public
Safety Committee aforesaid shall pay to the Borough Secretary a fee
of $50, which shall be paid to the Borough Treasurer. The records
of the Housing Board of Appeals shall be the property of the Borough
of Eddystone and shall at all times be kept in the custody of the
Borough Secretary at the Municipal Building, Eddystone, Pennsylvania.
[Amended 7-11-1977 by Ord. No. 448, approved 7-11-1977; 5-9-1983 by Ord. No.
482, approved 5-9-1983]
D.
Meetings of the Housing Board of Appeals shall be at such times as
the Board may determine or upon call of the President or at the request
of any four members of the Board. All meetings shall be open to the
public. The Board shall adopt its own rules and procedures and shall
keep a record of its proceedings, showing the vote of each member
on each question.
E.
An appeal stays all proceedings in furtherance of the action appealed
from unless the Chairman of the Public Safety Committee certifies
to the Board, after the notice of appeal shall have been filed with
him/her, that by reason of the facts stated in the certificate a stay
would, in his opinion, cause imminent peril to life, health, morals,
property, safety or the public welfare. In such case, proceedings
shall not be stayed otherwise than by a restraining order which may
be granted by the Borough or by the Court of Common Pleas of the county
on application, on notice to the Chairman and due cause shown.
F.
The Board shall fix a reasonable time for the hearing of the appeal
upon due notice to the parties in interest and shall decide the same
within a reasonable time. At the hearing any party may appear in person
or by agent or by attorney.
G.
The Board shall have the following powers:
(1)
To hear and decide appeals where it is alleged there is an error
in any order, requirement, decision or determination made by the Chairman
of the Public Safety Committee in the enforcement of this chapter
or of any ordinance or regulation adopted pursuant thereto.
(2)
To authorize, upon appeal and in specific cases, such variance from
the terms of this chapter as will not be contrary to the public interest,
where, owing to certain circumstances and conditions, a literal enforcement
of the provisions of this chapter would result in unnecessary hardship,
so that the spirit of this chapter shall be observed and substantial
justice done.
H.
In exercising the above-mentioned powers, such Board may, in conformity
with the provisions of this section, reverse or affirm, wholly or
partly, or may modify the order, requirement, decision or determination
appealed from and may make such order, requirement, decision or determination
as ought to be made, and to that end shall have all the powers of
the Chairman. Notice of such decision shall forthwith be given to
all parties in interest.
I.
Any person aggrieved by any decision of the Board, or any taxpayer
or any officer of the Borough of Eddystone, may, within 30 days after
such decision of the Board, appeal to the Court of Common Pleas of
Delaware County in accordance with the procedure applicable to appeals
from the Zoning Board of Appeals.
[Amended 2-17-1975 by Ord. No. 438; 1-9-1989 by Ord. No. 524, approved 1-9-1989]
Any person who shall be convicted of a violation of any of the
provisions of this chapter before any District Justice shall be sentenced
to pay a fine of not more than $1,000 and costs of prosecution and,
in default thereof, to imprisonment in the county jail for a term
not to exceed 30 days.
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 this 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 this 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 ordinance 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 dwellings of any type as defined hereinbefore,
shall be applicable to all such dwellings whether or not such dwellings
are in existence at the effective date of this chapter.
