[HISTORY: Adopted by the City Council of the City of Harrisburg
by Ord. No. 6-1995. Amendments noted where applicable.]
CROSS-REFERENCES
Abatement of public nuisances: see 3rd Class Code § 2320
(53 P.S. § 37320 et seq.).
Board regulations effective as ordinances: see 3rd Class Code
§ 2309 (53 P.S. § 37309).
Duties of Health Officer: see 3rd Class Code § 2306
(53 P.S. § 37306).
It shall be the duty of the Health Officer or designee to enforce
the provisions of this title, rules and regulations adopted in accordance
therewith, other ordinances of the City relating to health and sanitation,
and statutes of the Commonwealth of Pennsylvania relating to health
and sanitation wherein enforcement thereof is given or delegated to
local municipalities.
While the Health Officer shall be primarily responsible for
the enforcement of health matters assigned to the Health Officer,
he/she shall also be responsible for noting violations of any ordinance
or rule and regulation and informing appropriate City officials of
such violations.
With respect to matters relating to the conditions of dwellings, buildings or land or to minimum standards for facilities, fixtures and equipment, the Health Officer shall issue written notice to the person responsible for compliance of any alleged violation in a manner provided by Chapter 8-107 or this Public Health Code, as may be applicable, and shall note noncompliance with any notice given to the person responsible for compliance.
With respect to matters relating to the conduct or actions of
persons in violation of this Public Health Code, all officers and
inspectors of the Department of Building and Housing Development shall
refer the same to the Health Officer for prosecution.
Whenever the Health Officer determines that there has been a
violation of any provision of this Public Health Code or any other
applicable ordinance or rule and regulation requiring notice of compliance
to be given, he/she shall give notice of such violation to the person
responsible for compliance.
Any such notice shall be in writing, shall include a statement
of the reasons for its issuance, shall specify a reasonable time (not
less than five nor more than 90 days) for performance of any act required
and shall inform the person responsible for compliance of the right
to a hearing.
All such notices shall be served upon the person responsible
by handing a copy to such person or to an adult member of his or her
household at his or her place of residence or by sending a copy to
such person's last known address or by posting a copy in a conspicuous
place in or about the dwelling, building or land affected by such
notice.[1]
[1]
Editor's Note: Former § 6-103.8, Hearings, which
immediately followed this section, was repealed 6-5-2007 by Ord. No.
3-2007.
A.
Any person aggrieved by an order of the Codes Administrator or the
Health Officer or designee in the form of a written notice to comply
with the Public Health Code of the City may file with the Codes Administrator
a written request for a hearing before the Board of Health within
15 days after service of such written notice was effectuated. Where
the Codes Administrator or designee determines the violation poses
an immediate threat to life or property, the Codes Administrator or
designee may limit the time to file an appeal with the Board of Health
to not less than three days after service of written notice was effectuated.
The written request for a hearing shall be filed on a form which shall
be provided by the Codes Administrator or designee and shall be signed
by the person so aggrieved.
[Amended 6-5-2007 by Ord. No. 3-2007]
B.
Within 60 days from the date on which the written request for a hearing
was filed, the Board shall schedule a hearing to consider any and
all matters relative thereto. The hearing shall be open to the public.
The person requesting the hearing shall be sent notice at least 15
days prior to the date on which the hearing is scheduled. Notice to
such person shall be given by first-class mail or certified mail,
return receipt requested, directed to the last known address of such
person.
[Amended 6-5-2007 by Ord. No. 3-2007]
C.
Whenever a clearly and factually stated written request for a hearing
before the Board of Health shall be presented to the Codes Administrator,
he/she shall forthwith arrange for convening the Board before otherwise
proceeding to enforce such notice, providing that such request for
a hearing before the Board is accompanied by a filing fee in the amount
of $200 payable to the City Treasurer. However, indigent persons desirous
of an appeal may seek to have the appeals fee of $200 waived by filing
a petition in forma pauperis. The Administrator shall fix a time for
the hearing on the alleged violation(s) as set forth in such notice
of compliance.
[Amended 6-5-2007 by Ord. No. 3-2007]
D.
At the time fixed for such hearing, the Board shall take evidence
as may be presented by representatives of the City, by the person
or persons who requested the hearing, and by any other persons who
can offer evidence relevant to the issues involved.
E.
An appeal requesting a situational modification or exemption shall
be considered by the Board only if the following criteria are factually
averred by the appellant:
(1)
The condition in violation was legal at the time of its inception;
and
(2)
There was no interruption of the activity from its inception;
and
(3)
No private harm to health or safety will result from continuance
of the condition in violation; and
(4)
The cost of abatement of the condition in violation is unduly
prohibitive.
F.
The hearing shall be conducted by the Board of Health or the Chairperson
of the Board acting as hearing examiner, and the Board shall render
a decision and order in writing within 30 days of the hearing, which
decision shall be supported by written findings of fact. The person
requesting the hearing and the City may agree to waive the requirement
of written findings of fact. Such waiver shall be in writing signed
by a duly authorized representative of the City and the person who
requested the hearing.
G.
The Chairperson of the Board or hearing examiner shall have the power
to administer oaths and issue subpoenas to compel the attendance of
witnesses and the production of documents and papers, including witnesses
and documents requested by the person requesting the hearing.
H.
The person requesting the hearing shall have the right to be represented
by counsel and shall be afforded the opportunity to respond and present
evidence and cross-examine witnesses.
I.
Formal rules of evidence shall not apply, but irrelevant, immaterial
or unduly repetitious evidence may be excluded.
J.
The Board shall keep a record of the proceedings by sound recording,
and a transcript of the proceedings and copies of graphic or written
material received in evidence shall be made available to the person
who requested the hearing at cost.
K.
Within the limits of funds appropriated by Council, the Board may
employ or contract for clerical services and may receive compensation
for performance of their duties, as may be fixed by Council.
L.
Any appeal from the decision and order of the Board shall be in accordance
with the Local Agency Law, Subchapter B of Chapter 5 and Subchapter
B of Chapter 7 of Act of April 28, 1978, P.L. 202, as amended, 2 Pa.C.S.A.
§§ 105, 551 to 555 and 751 to 754.
B.
In addition to the penalties prescribed for violations of this Public
Health Code generally, violations of any provision of this Title may
be abated as a public nuisance in the manner provided by law.
C.
Upon conviction for a violation of any provision of this Title, in
addition to any fines, fees or penalties prescribed by this Title,
an additional neighborhood mitigation penalty shall be levied in the
amount of $25. All such penalties levied and collected by any division
of the Unified Judicial System existing under Section 1 of Article
V of the Constitution of Pennsylvania and 42 Pa.C.S.A. § 301
shall be remitted to the City for deposit into the Neighborhood Mitigation
Fund for the purpose of funding mitigation exercises performed by
the City on private properties, including but not limited to demolitions,
cleanups, clean and seals and light repairs. If the fine is paid on
installments, the proportionate amount of the neighborhood mitigation
penalty shall be remitted on each installment.
[Added 6-22-2004 by Ord. No. 18-2004]
[1]
Editor's Note: Subsection A of this section derives from Ord.
No. 4-1995; Subsection B derives from Ord. No. 22-1985.
