[HISTORY: Adopted by the City Council of the City of Harrisburg by Ord. No. 15-1994. Amendments noted where applicable.]
Fire Prevention Code: see Chs. 3-901, 3-903 and 3-905.
Local Agency Law: see Subchapter B of Chapters 5 and 7, Act of April 28, 1978, as amended, 2 Pa.C.S.A. §§ 105, 551 to 555 and 751 to 754.
It is the intent and purpose of this chapter to adopt a modern property maintenance code which will prescribe effective standards and minimum requirements for the safeguarding of persons and buildings located in the City and protect the public health and safety of citizens against the hazards of inadequate, defective or unsafe existing structures.
[Amended 11-13-2001 by Ord. No. 20-2001]
In accordance with Section 608 of the Optional Third Class City Charter Law, Act of July 15, 1957, P.L. 901, as amended, 53 P.S. § 41608, and Section 4130 of the Third Class City Code, Act of June 23, 1931, as amended, 53 P.S. § 39130(b), there is hereby adopted by the City, for the purpose of prescribing specifications and regulations to ensure the continued structural safety of buildings and housing existing within the City, that certain property maintenance code known as the "International Property Maintenance Code, 2000 Edition," as supplemented and published by the International Code Council, except such provisions which are in conflict with state law on the subject or regulations issued by a state agency by virtue of state law. Ten copies of the adopted Property Maintenance Code are presently on file in the office of the City Clerk, and such code is hereby incorporated as if fully set forth at length herein. The provisions of the adopted Property Maintenance Code shall be controlling within the limits of the City, except as amended by the provisions of this chapter.
[Added 11-13-2001 by Ord. No. 20-2001; amended 3-26-2002 by Ord. No. 4-2002; 3-25-2003 by Ord. No. 8-2003; 12-23-2003 by Ord. No. 37-2003; 11-27-2007 by Ord. No. 22-2007]
The following sections of the International Property Maintenance Code, 2000 Edition, as adopted and amended by Ordinance No. 20 of 2001, are added, amended or deleted as indicated:
Chapter 1, Administration.
Section 101.1 is amended to read as follows:
Section 104, Duties and Powers of the Codes Administrator.
Section 104.4 is amended to read as follows:
Section 111, Means of Appeal. This section is hereby deleted in its entirety. See § 8-107.5 of this code.
Section 111, Disorderly Properties, is added to read as follows:
Chapter 2, Definitions.
Section 202, General Definitions, is amended as follows:
The definitions of the following terms appearing in this code are hereby deleted in their entirety and replaced with the definitions set forth in Chapter 1-302 of the Codified Ordinances: "dwelling unit" and "rooming house."
The definitions of the following terms, as set forth in Chapter 1-302 of the Codified Ordinances, are hereby added to this code: "boardinghouse," "central heating," "dormitory," "dwelling," "family," "group dwellings," "hotel," "maintenance," "motel," "multiple dwellings" and "renovation."
The definition of the following term, as set forth in the International Property Maintenance Code, 2006 Edition, is hereby added to this code:
Chapter 3, General Requirements.
Section 307 is added to read as follows:
Chapter 6, Mechanical and Electrical Requirements.
Chapter 9, Responsibilities of Persons, is added to read as follows:
Editor's Note: This ordinance also repealed former § 8-107.3, Amendments to adopted code, as amended 4-8-1997 by Ord. No. 3-1997.
The system established pursuant to § 8-507.2 of the Codified Ordinances for the purpose of determining whether or not a dwelling is fit or unfit for human habitation for purposes of rent withholding shall not be deemed to be affected by the enactment of this chapter but shall remain in full force and effect until amended or modified. The criteria utilized in amending or modifying said system shall be consistent with the provisions of this Property Maintenance Code relating to structures unfit for human occupancy.
Editor's Note: This section derives from Ord. No. 26-1975.
Any person, firm, corporation, association or other entity who is aggrieved by the ruling, decision or action of any department, bureau or division of the City in regard to the administration or enforcement of any of the provisions of this Property Maintenance Code may appeal such ruling, decision or action in writing to the Building and Housing Code Board of Appeals in the manner and in accordance with the procedures set forth in Chapter 8-501 of the Codified Ordinances.
Any person, whether individually or as a member or employee of a partnership, or any officer, agent or employee of a corporation who directs or knowingly permits any violation of any of the provisions of the sections of this code, or who aids or assists therein, either on his or her own behalf or in the interests of his or her employer or principal, and fails to comply with any order made thereunder from which no appeal has been taken, or fails to comply with such order as affirmed or modified by the City shall, upon conviction thereof, severally and for each violation and noncompliance, respectively, be fined not less than $50 nor more than $1,000, and costs, and, in default of payment thereof, shall be imprisoned in the Dauphin County Prison for not more than 90 days for each separate violation, or both. The imposition of one penalty for any violation shall not excuse the violation or permit it to continue, and all persons required to do so shall correct and remedy violations or defects within a reasonable time, and, when not otherwise specified, each day that the prohibited conditions are maintained shall constitute a separate offense.
The application of the above penalty shall not prevent the enforced removal of the prohibited conditions or device or any other remedy at law or equity available to the City for enforcement of this chapter.
[Ord. No. 9-1996]
Upon conviction for a violation of any provision of this chapter pursuant to Subsection A, in addition to any fines, fees or penalties levied in accordance with Subsection A, 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 11-13-2001 by Ord. No. 20-2001]