[HISTORY: Adopted by the Borough Council of the Borough of
Trainer as indicated in article histories. Amendments noted where
applicable.]
[Adopted 11-12-1971 by Ord. No. 400 (Ch. 11, Part 1, of the
1985 Code of Ordinances)]
The following general provisions shall apply in the interpretation
and enforcement of this article:
A.
Councilmanic finding. It is hereby found that there exists and may
in the future exist within the Borough of Trainer premises, dwellings,
dwelling units, rooming units, or parts thereof, which by reason of
their structure, equipment, sanitation, maintenance, use or occupancy
affect or are likely to affect adversely the public health (including
the physical, mental, and social well-being of persons and families),
safety and general welfare. To correct and prevent the existence of
such adverse conditions, and to achieve and maintain such levels of
residential environmental quality as will protect and promote public
health, safety, and general welfare, it is further found that the
establishment and enforcement of minimum housing standards are required.
B.
Purposes. It is hereby declared that the purpose of this article
is to protect, preserve and promote the physical and mental health
and social well-being of the people, to prevent and control the incidence
of communicable diseases, to regulate privately and publicly owned
dwellings for the purpose of maintaining adequate sanitation and public
health, and to protect the safety of the people and to promote the
general welfare by legislation which shall be applicable to all dwellings
now in existence or hereafter constructed. It is hereby further declared
that the purpose of this article is to ensure that the quality of
housing is adequate for protection of public health, safety and general
welfare, including establishment of minimum standards for basic equipment
and facilities for light, ventilation, and thermal conditions, for
safety from fire and accidents, for the use and location and amount
of space for human occupancy, and for an adequate level of maintenance;
determination of the responsibilities of owners, operators and occupants
of dwellings; and provision for the administration and enforcement
thereof.
C.
Title. This article shall be known and may be cited as the "Housing
Maintenance and Occupancy Code of the Borough of Trainer."
A.
Every dwelling unit shall have a room or portion of a room in which
food may be prepared and/or cooked, which shall have an adequate circulation
area, and shall be equipped with the following:
(1)
A kitchen sink.
(2)
Cabinets and/or shelves for the storage of eating, drinking, and
cooking equipment and of food. Said cabinets or shelves shall be of
sound construction and shall be furnished with surfaces that are easily
cleanable and that will not impart any toxic or deleterious effects
to food.
(3)
A stove or approved device for cooking food, and a refrigerator or
approved device for the safe storage of perishable food, provided
that such stove or refrigerator need not be installed when a dwelling
unit is not occupied and when the occupant is expected to provide
the same upon occupancy.
B.
Within every dwelling unit there shall be a room which affords privacy
to a person within said room and which is equipped with a flush water
closet. Said water closet shall be properly connected to a water supply
which provides an adequate amount of water under pressure and shall
be connected to an approved sewage disposal system.
C.
Within every dwelling unit there shall be a lavatory sink located
in close proximity to the water closet.
D.
Within every dwelling unit there shall be a room which affords privacy
to a person within said room and which is equipped with a bathtub
or shower.
E.
All kitchen sinks, lavatory sinks, bathtubs and/or showers as required
by the provisions of this article shall be in good working condition
and properly connected to an approved water supply system which provides
at all times an adequate amount of heated and unheated water under
pressure and shall be properly connected to an approved sewage disposal
system.
F.
Egress requirements shall be as follows:
(1)
Every dwelling unit in a multiple dwelling shall have access to one
or more approved means of egress as required by the "Building Regulations
for Protection from Fire and Panic" and its amendments, as promulgated
by the Pennsylvania Department of Labor and Industry.
(2)
In buildings of ordinary construction, a second means of egress shall
be required from the third floor of a two-family dwelling where part
or all of a second dwelling unit is located on a third floor.
(3)
In buildings occupied in part by a commercial establishment, the
occupancy of the greatest fire hazard shall govern the number, capacity,
construction and size of all exitways.
G.
Structurally sound handrails shall be provided on any steps containing
five risers or more. If steps are not enclosed, handrails and balusters
spaced not more than six inches apart shall be provided. Porches and/or
balconies located more than three feet higher than the surrounding
adjacent area shall have structurally sound, protective handrails
and, if unenclosed, balusters spaced not more than six inches apart.
H.
Each dwelling unit shall have a medicine cabinet or similar facility
for the safe storage of drugs and a suitable facility for the safe
storage of household chemicals and poisons.
A.
Every habitable room shall have at least one window or skylight facing
outdoors. The minimum total window or skylight area, measured between
stops, for every habitable room shall be at least 10% of the floor
area of such room, but if light-obstruction structures are located
less than three feet from the window and extend to a level above that
of the ceiling of the room, such window shall not be deemed to face
directly to the outdoors and shall not be included as contributing
to the required minimum total window area.
B.
Every habitable room shall have at least one window or skylight facing directly outdoors which can easily be opened or such other device as will adequately ventilate the room. The total of openable window or skylight area in every habitable room shall be equal to at least 45% of the minimum window area size or minimum skylight type window size, as required in § 146-3A, except where there is supplied some other device affording adequate ventilation and approved by the Secretary.
C.
Every bathroom and water closet compartment and nonhabitable room used for food preparation shall comply with the light and ventilation requirement for habitable rooms contained in § 146-3A and B, except that no window or skylight shall be required in such rooms if they are equipped with a ventilation system in working condition which is approved by the Secretary.
D.
Where there is usable electric service available from power lines
which are not more than 300 feet away from a dwelling, every dwelling
unit and all public and common areas within the structure shall be
supplied with electric service, outlets and fixtures which shall be
properly installed, shall be maintained in good and safe working condition,
and shall be connected to a source of electric power in a manner prescribed
by the National Board of Fire Underwriters. The capacity of such services
and the number of outlets and fixtures shall be as follows:
(1)
Every habitable room shall have electric service with adequate wattage
to meet normal demand.
(2)
Every habitable room and every room used for food preparation shall
have at least one floor- or wall-type electric convenience outlet
for each 60 square feet or fraction thereof of total floor area, and
in no case less than two such outlets.
(3)
Every water closet compartment, bathroom, kitchen or kitchenette,
laundry room, furnace room, and public hall shall contain at least
one supplied ceiling- or wall-type electric light fixture.
(4)
Switches or equivalent devices for turning on one light in each room
or passageway shall be located in a convenient place so as to permit
the area ahead to be lighted.
E.
Every public hall and stairway in every multiple dwelling shall be
adequately lighted by natural or electric light at all times so as
to provide in all parts thereof at least eight footcandles of light
at the tread or floor level. Every public hall or stairway in structures
containing not more than two dwelling units may be supplied with conveniently
located light switches controlling an adequate lighting system, which
may be turned on when needed, instead of full-time lighting.
A.
Every dwelling shall have heating facilities which are properly installed
and are maintained in safe and good working condition and are capable
of safely and adequately heating all habitable rooms, bathrooms, and
water closet compartments in every dwelling unit located therein to
a temperature of at least 68° F. at a distance of 18 inches above
floor level under ordinary winter conditions.
B.
No owner or occupant shall install, operate or use either an unvented
or unventable heater employing a flame.
A.
Every foundation, roof and exterior wall, door, skylight and window
shall be reasonably weathertight, watertight and damp-free, and shall
be kept in sound condition and good repair. All exterior wood surfaces,
other than decay-resistant woods, shall be protected from the elements
and decay by paint or other protective covering or treatment, using
nontoxic materials where readily accessible to children. Walls shall
be capable of affording privacy for the occupants. Every premises
shall be graded, drained, free of standing water, and maintained in
a clean, sanitary and safe condition. Where interior painted surfaces
are readily accessible to children, paints shall contain less than
1% lead by weight.
B.
Every window, exterior door and basement hatchway or similar devices
shall be kept rodentproof and reasonably watertight and weathertight,
and shall be kept in working condition and good repair.
(1)
During that portion of the year when there is a need for protection
against flying insects, every door opening directly from a dwelling
unit to outside space shall have supplied properly fitting screens
having at least 16 mesh 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. Except
that such screens shall not be required during such period:
(2)
Every window located at or near ground level used or intended to
be used for ventilation, and every other opening located at or near
ground level which might provide an entry for rodents, shall be supplied
with adequate screens or such other devices as will effectively prevent
their entrance.
C.
Every dwelling, multiple dwelling, rooming house or accessory structure,
and the premises on which located, shall be maintained so as to prevent
and eliminate rodent harborage.
D.
All fences shall be maintained in good condition, and any wood materials
shall be protected against decay by use of paint or other preservative.
Wherever any egress from the dwelling opens into the fenced area,
there shall be a means of egress from the premises to any public way
adjacent thereto.
E.
Accessory structures present or provided by the owner, agent or tenant
occupant on the premises of a dwelling shall be structurally sound,
be designed to prevent rodent harborage, and be maintained in good
repair and free of vermin by the owner, agent or occupant, or such
structures shall be removed from the premises.
F.
Every foundation, roof, floor, exterior and interior wall, ceiling,
inside and outside stair, every porch, and every appurtenance thereto
shall be safe to use and capable of supporting the loads that normal
use may cause to be placed thereon, and shall be kept in sound condition
and good repair. Every inside and outside stair or step shall have
uniform risers and treads.
G.
Every plumbing fixture and water and waste pipe shall be properly
installed and maintained in good sanitary working condition in compliance
with appropriate ordinances or regulations.
H.
Every water closet compartment, bathroom and kitchen floor and wall
surface shall be constructed and maintained so as to be reasonably
impervious to water and so as to permit such floor to be easily kept
in a clean and sanitary condition.
I.
Every plumbing fixture and pipe, every chimney, flue and smoke pipe,
and every other facility, piece of equipment, or utility which is
present in a dwelling or dwelling unit or which is required under
this section shall be constructed and installed in conformance with
the appropriate statutes, ordinances and regulations.
J.
No owner, operator or occupant shall cause any service, facility,
equipment or utility which is required under this section to be removed
from or shut off from or discontinued for any occupied dwelling or
dwelling unit let or occupied by him, except for such temporary interruption
as may be necessary while actual repairs or alterations are in process
or during temporary emergencies when discontinuance of service is
approved by the Secretary.
K.
All construction and materials, ways and means of egress, and installation
and use of equipment shall conform to applicable state and local laws
dealing with fire protection.
A.
The maximum density of occupancy of any dwelling unit by persons
shall not exceed either:
(1)
For first occupant, 150 square feet of floor space and at least 100
square feet of floor space for every additional occupant thereof,
the floor space to be calculated on the basis of total habitable room
area; or
(2)
A total number of persons equal to two times the number of its habitable
rooms.
B.
Not more than one family, plus two occupants unrelated to the family,
except for guests or domestic employees, shall occupy a dwelling unit.
C.
The ceiling height of any habitable room shall be at least seven
feet, except that in any habitable room under a sloping ceiling at
least 1/2 of the floor area shall have a ceiling height of at least
seven feet, and the floor area of that part of such a room where the
ceiling height is less than five feet shall not be considered as part
of the floor area in computing the total floor area of the room for
the purpose of determining the maximum permissible occupancy.
D.
No space located partially or totally below grade shall be used as
a habitable room of a dwelling unit unless approved by the Secretary
in writing and unless:
(1)
The floor and those portions of the walls below grade are of waterproof
and damp-proof construction.
(2)
The minimum window area is equal to at least that required in § 146-3A, and such window area is located entirely above the grade of the ground adjoining such window area or, if windows are located wholly or partly below grade, there be constructed a properly drained window well whose open area is equal to or greater than the area of the masonry opening for the window, the bottom of the window well is below the top of the impervious masonry construction under this window, and the minimum horizontal distance at a right angle from any point of the window well is equal to or greater than the vertical depth of the window well as measured from the bottom of the masonry opening for the window, except where there is supplied adequate artificial illumination.
(3)
The total openable window area in each room is equal to at least the minimum as required under § 146-3B of this article, except where some other approved devices affording adequate ventilation and humidity control are supplied.
(4)
There are no pipes, ducts or other obstructions which interfere with
the normal use of the room or area.
E.
In every dwelling unit of two or more rooms, every room occupied
for sleeping purposes shall contain at least 70 square feet of floor
space for the first occupant and at least 50 square feet of floor
space for each additional occupant thereof.
F.
No dwelling or dwelling unit containing two or more sleeping rooms
shall have such room arrangements that access to a bathroom or water
closet compartment intended for use by occupants of more than one
sleeping room can be had only by going through another sleeping room,
nor shall room arrangements be such that access to a sleeping room
can be had only by going through another sleeping room or a bathroom
or water closet compartment.
G.
Every dwelling unit shall have at least four square feet of floor-to-ceiling
height closet space for the personal effects of each permissible occupant;
if it is lacking, in whole or in part, an amount of space equal in
square footage to the deficiency shall be subtracted from the area
of habitable room space used in determining permissible occupancy.
All dormitory rooms and/or rooming units in any rooming house shall be in compliance with the provisions of every section of this article except the provisions of §§ 146-2 and 146-8 and 146-1A, B, E and G. Dormitory rooms and rooming units shall be clean and sanitary and shall comply with all applicable requirements of the Commonwealth of Pennsylvania.
A.
At least one flush water closet, lavatory basin and bathtub or shower,
properly connected to a water and sewer system approved by the Secretary
and in good working condition, shall be supplied for each six persons
or fraction thereof residing within a rooming house, including members
of the operator's family wherever they share the use of said
facilities, provided:
(1)
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.
(2)
That all such facilities shall be so located within the dwelling
so as to be reasonably accessible from a common hall or passageway
to all persons sharing such facilities.
(3)
That every lavatory basin and bathtub or shower shall be supplied
with heated and unheated water under pressure at all times.
(4)
That no such facility be located in a basement.
C.
Every room in a rooming house used for living or sleeping purposes
shall comply with all of the requirements of this article pertaining
to a habitable room.
(1)
Every room occupied for sleeping purposes shall contain at least
72 square feet of floor space for the first occupant and 68 square
feet of floor space for each additional occupant thereof.
D.
Every room in a rooming house shall have immediate access to one
or more approved means of egress as required by the "Building Regulations
for Protection from Fire and Panic" and its amendments, as promulgated
by the Pennsylvania Department of Labor and Industry.
E.
Structurally sound handrails shall be provided on any steps containing
five risers or more. If steps are not enclosed, balusters spaced not
more than six inches apart shall be provided. Porches and/or balconies
located more than three feet higher than the adjacent areas shall
similarly be provided with handrails and, if unenclosed, balusters
spaced not more than six inches apart shall also be provided.
F.
Unless exempted by the Secretary, the operator of a rooming house
shall change supplied clean bed linens and towels therein at least
once a week and prior to letting any room to any occupant, and the
operator shall be responsible for the maintenance of all supplied
bedding in a clean and sanitary manner.
A.
Every owner of a dwelling containing two or more dwelling units shall
maintain in a clean and sanitary condition the shared or public areas
of the dwelling and premises thereof.
B.
Every occupant of a dwelling or dwelling unit shall maintain in a
clean and sanitary condition that part or those parts of the dwelling,
dwelling unit and premises thereof that he occupies and controls.
C.
Every occupant of a dwelling or dwelling unit shall store and dispose
of all his rubbish in a clean, sanitary and safe manner.
D.
Every occupant of a dwelling or dwelling unit shall store and dispose
of all his garbage and any other organic waste which might provide
food for insects and/or rodents in a clean, sanitary and safe manner,
and if a container is used for storage pending collection, it shall
be rodentproof, insectproof and watertight.
E.
Every owner of a dwelling containing three or more dwelling units
shall supply facilities or containers for the sanitary and safe storage
and/or disposal of rubbish and garbage. In the case of single- or
two-family dwellings, it shall be the responsibility of the occupant
to furnish such facilities or containers.
F.
The owner of a dwelling unit shall be responsible for providing and
hanging all screens and double or storm doors and windows, whenever
the same are required under the provisions of this article or any
rule or regulation adopted pursuant thereto, except where there is
a written agreement between the owner and occupant. In the absence
of such an agreement, maintenance or replacement of screens, storm
doors and windows, once installed in any one season, become the responsibility
of the occupant.
G.
Every occupant of a dwelling containing a single dwelling unit shall
be responsible for the extermination of insects and/or rodents 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 failure of the owner to maintain a dwelling
in a rodentproof or reasonably 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 occupant of a dwelling unit shall keep all plumbing fixtures
therein in a clean, sanitary and operable condition and shall be responsible
for the exercise of reasonable care in the proper use and operation
thereof.
I.
From September 1 until June 1, in every dwelling unit and/or rooming
unit when the control of the supplied heat is the responsibility of
a person other than the occupant, a temperature of at least 68°
F. shall be maintained in all habitable rooms, bathrooms and water
closet compartments at a distance of 18 inches above the floor level.
A.
Nothing contained in these standards is intended to restrict, impede
or prohibit the acceptance or application of new developments or technology
related to housing construction, materials used in construction, utilities,
facilities or fixtures.
B.
The Secretary may waive any provision of this article, providing
that such waiver is in harmony with the general purpose and intent
of this article or where there are practical difficulties or unnecessary
hardships in carrying out the strict letter of this article.
Word usage; the meaning of certain words. Whenever the words
"dwelling," "dwelling unit," "rooming house," "rooming units," "premises,"
"structure" are used in this article they shall be construed as though
they were followed by the words "or any part thereof." Words used
in the singular include the plural, and the plural the singular, the
masculine gender includes the feminine and the feminine the masculine.
The following definitions shall apply in the interpretation and enforcement
of this article:
A detached structure which is not used or not intended to
be used for living or sleeping by human occupants and which is located
on or partially on any premises.
That person within the governmental structure of the corporate
unit charged with the administration of the appropriate code.
Approved by the local or state authority having such administrative
authority.
The residue from the burning of combustible materials.
Any story situated wholly or partly within the roof, so designed,
arranged or built as to be used for business, storage, or habitation.
A single system supplying heat to one or more dwelling unit(s)
or more than one rooming unit.
A vertical masonry shaft of reinforced concrete or other
approved noncombustible, heat-resisting material enclosing one or
more flues for the purpose of removing products of combustion from
solid, liquid or gaseous fuel.
Fallen into partial ruin or decay.
A room or group of rooms in any dwelling used for living
and sleeping purposes by four or more persons.
Any enclosed space which is wholly or partly used or intended
to be used for living or sleeping by human occupants, provided that
temporary housing as hereinafter defined shall not be regarded as
a dwelling.
Any room or group of rooms located within a dwelling and
forming a single habitable unit with facilities which are used or
intended to be used for living, sleeping, cooking and eating.
A place or means of going out.
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, trapping or by any other recognized and legal
pest elimination methods approved by the local or state authority
having such administrative authority.
A price at which both buyers and sellers are willing to do
business.
One adult person plus one or more persons who are legally
related to said person and residing in the same dwelling unit with
said person.
A toilet bowl flushed with water under pressure with a water-sealed
trap above the floor level.
The animal and vegetable waste resulting from the handling,
preparation, cooking, serving and nonconsumption of food.
Any person who shares a dwelling unit in a nonpermanent status
for not more than 30 days.
A room or enclosed floor space used or intended to be used
for living, sleeping, cooking or eating purposes, excluding bathrooms,
water closet compartments, laundries, furnace rooms, pantries, kitchenettes
and utility rooms of less than 50 square feet of floor space, foyers
or communicating corridors, stairways, closets, storage spaces, and
workshops, lobby and recreation areas in unheated or uninsulated parts
of structure below ground level or in attics.
The legally designated health authority of the Borough of
Trainer or his authorized representative.
Water heated to a temperature of not less than 120° F.
at the outlet.
A family and/or one or more unrelated persons, including
servants, who share the same dwelling and use some or all of its cooking
and eating facilities.
The presence within or around a dwelling of any insects,
rodents or other pests.
Any room containing any or all of the following equipment
or any area of a room within three feet of such equipment: sink and/or
other device for dish washing, stove or other device for cooking,
refrigerator or other device for cool storage of food, cabinets and/or
shelves for storage of equipment and utensils, and counter or table
for food preparation.
A small kitchen or an alcove containing cooking facilities.
Any dwelling containing more than two dwelling units and/or
rooming units.
Any person over one year of age living, sleeping, cooking
or eating in or actually having possession of a dwelling unit or a
rooming unit; except that in dwelling units a guest will not be considered
an occupant.
Any person who has charge, care, control or management of
a building, or part thereof, in which dwelling units or rooming units
are let.
A temperature 10° F. below the highest recorded temperature
in the locality for the prior ten-year period.
A temperature 15° F. above the lowest recorded temperature
in the locality for the prior ten-year period.
Any person who, alone or jointly or severally with others:
Shall have legal title to any premises, dwelling or dwelling
unit, with or without accompanying actual possession thereof; or
Shall have charge, care or control of any premises, dwelling
or dwelling unit, as owner or agent of the owner, or an executor,
administrator, trustee or guardian of the estate of the owner. Any
such person thus representing the actual owner shall be bound to comply
with the provisions of this article and of rules and regulations adopted
pursuant thereto to the same extent as if he were the owner.
The maximum number of persons permitted to reside in a dwelling
unit or rooming unit.
Any individual, firm, corporation, association or partnership.
All of the following supplied facilities and equipment: gas
pipes, gas-burning equipment, 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 any other similar supplied fixture, and
the installation thereof, together with all connections to water,
sewer or gas lines.
A platted lot or part thereof or unplatted lot or parcel
of land or plot of land, either occupied or unoccupied by any dwelling
or nondwelling structure and includes any such building, accessory
structure or other structure thereon.
The existence of conditions which will permit a person or
persons to carry out an activity commenced without interruption or
interference, either by sight or sound, by unwanted persons.
Any place where rats can live, nest or seek shelter.
A form of construction which will prevent the ingress or
egress of rats to or from a given space or building, or gaining access
to food, water or harborage. It consists of the closing and keeping
closed of every opening in foundations, basements, cellars, exterior
and interior walls ground or first floors, roofs, sidewalk gratings,
sidewalk openings, and other places that may be reached and entered
by rats by climbing, burrowing or other methods, by the use of materials
impervious to rat gnawing and other methods approved by the appropriate
authority.
All putrescible and nonputrescible solids (except body wastes),
including garbage, rubbish, ashes and dead animals.
A watertight container that is constructed of metal or other
durable material impervious to rodents, that is capable of being serviced
without creating insanitary conditions, or such other containers approved
by the appropriate authority. Openings into the container such as
covers and doors shall be tight-fitting.
Any dwelling or that part of any dwelling containing one
or more rooming units and/or one or more dormitory rooms.
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
purposes.
Nonputrescible solid wastes (excluding ashes), consisting
of either:
The condition of being free from danger and hazards which
may cause accidents or disease.
A self-contained, heating appliance of either the circulating
type or the radiant type and intended primarily to heat only one room.
Secretary of the Pennsylvania Department of Health.
Paid for, furnished by, provided by, or under control of
the owner, operator or agent.
Any tent, trailer, mobile home, or any 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.
A.
The Chairman of the Public Safety Committee is hereby authorized
but not required to develop and adopt plans for the inspection of
dwelling units subject to the provisions of this article, including:
(1)
A plan for the periodic inspection of multiple dwellings and rooming houses subject to the provisions of § 146-13, governing the licensing of the operation of such dwellings;
(2)
A plan for the systematic inspection of dwelling units contained
in such contiguous areas within this Borough of Trainer as may from
time to time be designated by the Chairman of the Public Safety Committee.
A.
The Chairman of the Public Safety Committee shall enforce the provisions of this article and is hereby authorized and directed to make inspections pursuant to one or more of the plans for inspection authorized by § 146-11 or in response to a complaint that an alleged violation of this article or of applicable rules or regulations pursuant thereto may exist, or when the Chairman of the Public Safety Committee has valid reason to believe that a violation of this article or any rules and regulations pursuant thereto has been or is being committed.
B.
The Chairman of the Public Safety Committee is hereby authorized
to enter and inspect between the hours of 8:00 a.m. and 5:00 p.m.
all dwellings, dwelling units, and rooming houses, rooming units,
and dormitory rooms subject to the provisions of this article for
the purpose of determining whether there is compliance with its provisions.
C.
The Chairman of the Public Safety Committee is hereby authorized
to inspect the premises surrounding dwellings, dwelling units, rooming
houses, rooming units, and dormitory rooms subject to this article,
for the purpose of determining whether there is compliance with its
provisions.
D.
The Chairman of the Public Safety Committee and the owner, occupant or other person in charge of a dwelling, dwelling unit, rooming house or dormitory room subject to this article may agree to an inspection by appointment at a time other than the hours provided in § 146-12B.
E.
The owner, occupant or other person in charge of a dwelling, dwelling
unit, rooming unit, rooming house or dormitory room, upon presentation
of proper identification by the Chairman of the Public Safety Committee,
a copy of any relevant plan of inspection pursuant to which entry
is sought, and a schedule of the specific areas and facilities to
be inspected, shall give the Chairman of the Public Safety Committee
entry and free access to every part of the dwelling, dwelling unit,
rooming unit or dormitory room or to the premises surrounding any
of these.
F.
The Chairman of the Public Safety Committee shall keep confidential
all evidence which the Chairman may discover or obtain in the course
of an inspection made pursuant to this section, and such evidence
shall be considered privileged. Evidence so obtained shall not be
disclosed except as may be necessary in the judgment of the Chairman
of the Public Safety Committee for the proper and effective administration
and enforcement of the provisions of this article and rules and regulations
issued pursuant thereto and shall not otherwise be admissible in any
judicial proceeding without the consent of the owner, occupant or
other person in charge of the dwelling unit or rooming unit inspected.
G.
If any owner, occupant or other person in charge of a dwelling, dwelling unit or rooming unit, or of a multiple dwelling or a rooming house subject to licensing under § 146-13 fails to or refuses to permit free access and entry to the structure or premises under his control, or any part thereof, with respect to which an inspection authorized by this article is sought to be made, the Chairman of the Public Safety Committee may, upon a showing that probable cause exists for the inspection and for the issuance of an order that directs compliance with the inspection requirements of this section with respect to such dwelling, dwelling unit, rooming unit, multiple dwelling, or rooming house, petition and obtain such order from a court of competent jurisdiction.
A.
No person shall operate a multiple dwelling or rooming house unless
he holds a current, unrevoked operating license issued by the Chairman
of the Public Safety Committee in his name for the specific named
multiple dwelling or rooming house.
B.
Every operating license shall be issued for a period of one year
from its date of issuance unless sooner revoked and may be renewed
for successive periods of not to exceed one year.
C.
The Chairman of the Public Safety Committee is hereby authorized
upon application therefor to issue new operating licenses and renewals
thereof in the names of applicant owners or operators of multiple
dwellings and rooming houses. No such licenses shall be issued unless
the multiple dwelling or rooming house in connection with which the
license is sought is found after inspection to meet all requirements
of this article and of applicable rules and regulations pursuant thereto.
D.
No operating license shall be issued or renewed unless the applicant
owner or operator has first made application therefor on an application
form provided by the Chairman of the Public Safety Committee. The
Chairman of the Public Safety Committee shall develop such forms and
make them available to the public.
E.
No operating license shall be issued or renewed unless the applicant owner or operator agrees in his application to such inspections pursuant to §§ 146-11A and 146-12A as the Chairman of the Public Safety Committee may require to determine whether the multiple dwelling or rooming house in connection with which such license is sought is in compliance with the provisions of this article and with applicable rules and regulations pursuant thereto.
F.
No operating license shall be issued or renewed unless the completed
application form is accompanied by payment of a license fee of $10.
G.
No operating license shall be issued or renewed for a nonresident
applicant unless such applicant designates in writing to the Chairman
of the Public Safety Committee the name of his agent for the receipt
of service of notice of violation of this article.
H.
No operating license shall be issued or renewed for a resident applicant
unless such applicant has first designated an agent for the receipt
of service of violations of the provisions of this article and for
service of process pursuant to this article when said applicant is
absent from this Borough of Trainer for 30 days or more. Such a designation
shall be made in writing and shall accompany each application form.
The applicant may designate any person resident in the Borough of
Trainer his agent for this purpose or may designate the Chairman of
the Public Safety Committee his agent for this purpose.
I.
No operating license shall be renewed unless the application therefor
has been made within 60 days prior to the expiration of the present
operating license.
J.
Each license shall be displayed in a conspicuous place within the
common ways of the multiple dwelling or rooming house. No license
shall be transferable to another person or to another multiple dwelling
or rooming house. Every person holding an operating license shall
give notice in writing to the Chairman of the Public Safety Committee
within 24 hours after having transferred or otherwise disposed of
the legal control of any licensed multiple dwelling or rooming house.
Such notice shall include the name and address of the person or persons
succeeding to the ownership or control of such multiple dwelling or
rooming house.
K.
Every owner or operator of a licensed multiple dwelling or rooming
house shall keep or cause to be kept records of all requests for repair
and complaints by tenants which are related to the provisions of this
article and to any applicable rules and regulations and of all corrections
made in response to such requests and complaints. Such records shall
be made available by the owner or operator to the Chairman of the
Public Safety Committee for inspection and copying upon request. Such
records shall be admissible in any administrative or judicial proceeding
pursuant to the provisions of this article as prima facie evidence
of the violation or the correction of violation of this article or
applicable rules and regulations pursuant thereto.
L.
Whenever, upon inspection of the licensed multiple dwelling or rooming house or of the records required to be kept by Subsection K, the Chairman of the Public Safety Committee finds that conditions or practices exist which are in violation of the provisions of this article or of any applicable rules and regulations pursuant thereto, he shall serve the owner or operator with notice of such violation in the manner hereinafter provided. Such notice shall state that, unless the violations cited are corrected within reasonable time, the operating license may be suspended.
M.
At the end of the time he has allowed for correction of any violation
cited, the Chairman of the Public Safety Committee shall reinspect
the multiple dwelling or rooming house, and if he determines that
such conditions have not been corrected, he may issue an order suspending
the operating license.
N.
Any person whose license to operate a multiple dwelling or rooming
house has been suspended shall be entitled to a reconsideration of
the order or a formal hearing in the manner hereinafter provided by
this article. If no request for reconsideration or petition for hearing
reaches the Chairman of the Public Safety Committee within 21 days
following the issuance of the order of suspension, the license shall
be revoked; except that, prior to revocation, any person whose license
has been suspended may request reinspection upon a showing that the
violation or violations cited in the notice have been corrected.
O.
If upon reinspection the Chairman of the Public Safety Committee
finds that the multiple dwelling or rooming house in connection with
which the notice was issued is now in compliance with this article
and with applicable rules and regulations issued pursuant thereto,
he shall reinstate the license. A request for reinspection shall not
extend the suspension period, unless the Chairman of the Public Safety
Committee grants such request.
The Chairman of the Public Safety Committee is hereby authorized
to make, adopt, revise and amend such rules and regulations as it
deems necessary for the carrying out of the purposes of this article.
A.
Whenever the Chairman of the Public Safety Committee determines that
any dwelling, dwelling unit, or rooming unit, or the premises surrounding
any of these fails to meet the requirements set forth in this article
or in applicable rules and regulations issued pursuant thereto, he
shall issue a notice setting forth the alleged failures and advising
the owner, occupant, operator or agent that such failures must be
corrected. This notice shall:
(1)
Be in writing;
(2)
Set forth the alleged violations of this article or of applicable
rules and regulations issued pursuant thereto;
(3)
Describe the dwelling, dwelling unit or rooming unit where the violations
are alleged to exist or to have been committed;
(4)
Provide a reasonable time, not to exceed 60 days, for the correction
of any violation alleged;
(5)
Be served upon the owner, occupant, operator or agent of the dwelling,
dwelling unit, or rooming unit personally or by registered mail, return
receipt requested, addressed to the last known place of residence
of the owner, occupant, operator or agent. If one or more persons
to whom such notice is addressed cannot be found after diligent effort
to do so, service may be made upon such person or persons by posting
a notice in or about the dwelling, dwelling unit or rooming unit described
in the notice or by causing such notice to be published in a newspaper
of general circulation for a period of three consecutive days;
B.
At the end of the period of time allowed for the correction of any
violation alleged, the Chairman of the Public Safety Committee shall
reinspect the dwelling, dwelling unit or rooming unit described in
the notice.
C.
If upon reinspection the violations alleged are determined by the
Chairman of the Public Safety Committee not to have been corrected,
he shall issue a second notice of violation which shall constitute
an order requiring that the then-existing failures to meet the requirements
of this article or of applicable existing rules or regulations issued
pursuant thereto shall be corrected within a reasonable time allowed,
but not to exceed 60 days after the date of such reinspection, if
the person served with such notice does not request a reconsideration
or petition for a hearing on the matter in the manner hereinafter
provided.
D.
The Chairman of the Public Safety Committee shall cause a copy of the second notice to be posted in a conspicuous place in or about the dwelling, dwelling unit or rooming unit where the violations are alleged to exist and shall serve it in the manner provided in § 146-15A(1) through (7).
E.
The Chairman of the Public Safety Committee shall, after the expiration
of time granted the person served with such second notice to seek
reconsideration or a hearing in the manner hereinafter provided by
this article, or after a final decision adverse to such person served
has been rendered by the Committee of Public Safety or by a court
of competent jurisdiction to which an appeal has been taken, cause
the second notice to be recorded in the office for the recording of
deeds.
F.
All subsequent transferees of the dwelling, dwelling unit or rooming
unit in connection with which a second notice has been so recorded
shall be deemed to have notice of the continuing existence of the
violations alleged and shall be liable to all penalties and procedures
provided by this article and by applicable rules and regulations issued
pursuant thereto to the same degree as was their transferor.
[Amended 11-14-1985 by Ord. No. 549; 8-11-2005 by Ord. No. 670]
Any person, firm or corporation who shall violate any provision
of this article shall, upon conviction thereof, be sentenced to pay
a fine of not more than $1,000 and/or to imprisonment for a term not
to exceed 90 days. Every day that a violation of this article continues
shall constitute a separate offense.
A.
Repairs and other corrective action.
(1)
Whenever an owner, operator or agent of a dwelling, dwelling unit, or rooming unit fails, neglects or refuses to make repairs or other corrective action called for by a second order or notice of violation issued pursuant to § 146-15C, the Chairman of the Public Safety Committee may undertake such repairs or action when in its judgment a failure to make them will endanger the public health, safety or welfare, and the cost of such repairs and action will not exceed 50% of the fair market of the structure to be repaired.
(2)
Notice of the intention to make such repairs or take other corrective action shall be served upon the owner, operator or agent pursuant to § 146-15, or upon the Chairman of the Public Safety Committee as designated agent for service pursuant to § 146-13G, or upon the resident agent of the owner as designated agent for service pursuant to § 146-13H.
(3)
Every owner, operator or agent of a dwelling, dwelling unit, or rooming
unit who has received notice of the intention of the Chairman of the
Public Safety Committee to make repairs or take other corrective action
shall give entry and free access to the agent of the Chairman of the
Public Safety Committee for the purpose of making such repairs. Any
owner, operator or agent of a dwelling, dwelling unit, or rooming
unit who refuses, impedes, interferes with, hinders or obstructs entry
by such agent pursuant to a notice of intention to make repairs or
take other corrective action shall be subject to a civil penalty of
$300 for each such failure to comply with this section.
(4)
When repairs are made or other corrective action taken at the direction
of the Chairman of the Public Safety Committee, cost of such repairs
and corrective action shall constitute a debt in favor of this Borough
of Trainer against the owner of the repaired structure. In the event
such owner fails, neglects or refuses to pay this Borough of Trainer
the amount of this debt, it shall be recoverable in a civil action
against the owner or his successor, brought in a court of competent
jurisdiction by this Borough of Trainer, which shall possess all rights
of a private creditor.
B.
Designation of unfit dwellings, dwelling units, and rooming units.
(1)
Any dwelling, dwelling unit, or rooming unit shall be designated
as unfit for human habitation when any of the following defects or
conditions are found and when, in the judgment of the Chairman of
the Public Safety Committee, these defects create a hazard to the
health, safety or welfare of the occupants or of the public.
(2)
Whenever any dwelling, dwelling unit, or rooming unit has been designated
as unfit for human habitation, the Chairman of the Public Safety Committee
shall placard the dwelling, dwelling unit, or rooming unit, indicating
that it is unfit for human habitation and, if occupied, shall order
the dwelling, dwelling unit, or rooming unit vacated within a reasonable
time, such time to be not less than five days or more than 15 days.
(3)
No dwelling, dwelling unit, or rooming unit which has been designated
as unfit for human habitation, which has been placarded as such and
has been vacated, shall be used again for human habitation until written
approval is secured from the Chairman of the Public Safety Committee
and the placard removed by the Chairman of the Public Safety Committee.
(4)
The Chairman of the Public Safety Committee shall rescind the designation
as unfit for human habitation and remove the placard when the defect
or condition upon which such designation and such placarding was based
has been removed or eliminated as to cause the dwelling, dwelling
unit, or rooming unit to be deemed by the Chairman of the Public Safety
Committee as a safe, sanitary and fit place[1] for human habitation.
[1]
Editor's Note: The words "or unfit" have been deleted
at this location because they clearly contradict the intent of the
preceding portion of the sentence.
(5)
No person shall deface or remove the placard from any dwelling, dwelling unit, or rooming unit which has been designated as unfit for human habitation and has been placarded as such, except as provided for in § 146-17B(4).
(6)
Any person affected by any decision of the Chairman of the Public Safety Committee or by any designation or placarding of a dwelling, dwelling unit, or rooming unit as unfit for human habitation shall be granted a hearing on the matter before the Chairman of the Public Safety Committee under the procedure set forth in § 146-19 of this article.
C.
Demolition of dwellings, dwelling units, or rooming units designated
as unfit for human habitation.
(1)
The Chairman of the Public Safety Commission shall order a dwelling, dwelling unit, or rooming unit to be demolished if it has been designated as unfit for human habitation, has been placarded as such, has been vacated, has not been put into proper repair as to rescind the designation as unfit for human habitation and to cause the placard to be removed, and is determined by the Chairman of the Public Safety Committee not to warrant repair under § 146-17A(1).
(2)
The owner of any dwelling, dwelling unit, or rooming unit which has been ordered demolished shall be given notice of this order in the manner provided for service of notice in § 146-15 and shall be given a reasonable time, not to exceed 90 days, to demolish such structure.
(3)
Any owner aggrieved by the notice to demolish may, within 10 days, seek a reconsideration of the matter in the manner hereinafter provided and may seek a formal hearing in the manner provided in § 146-19.
(4)
Whenever a dwelling is demolished, whether carried out by the owner
or by the Chairman of the Public Safety Committee, such demolition
shall include the filling in of the excavation remaining on the property
on which the demolished dwelling was located in such manner as to
eliminate all potential danger to the public health, safety or welfare
arising from such excavation.
(5)
All demolition shall be preceded by an inspection of the premises
by the Chairman of the Public Safety Committee to determine whether
or not extermination procedures are necessary. If the premises are
found to be infested, appropriate rat extermination to prevent the
spread of rats to adjoining or other areas shall be instituted before,
during and after demolition.
The Chairman of the Public Safety Committee is hereby authorized
to collect and disseminate information concerning techniques of maintenance,
repair and sanitation in housing and concerning the requirements of
this article and applicable rules and regulations issued pursuant
thereto.
A.
Application for reconsideration.
(1)
Any person aggrieved by a notice of the Chairman of the Public Safety Committee issued in connection with any alleged violation of this article or of applicable rules and regulations issued pursuant thereto or by any order requiring repair or demolition pursuant to § 146-17A or B may apply to the Chairman of the Public Safety Committee for a reconsideration of such notice or order within 21 days after it has been issued.
(2)
The Chairman of the Public Safety Committee shall set a time and
place for an informal conference on the matter within 10 days of the
receipt of such application and shall advise the applicant of such
time and place in writing.
(3)
At the informal conference, the applicant shall be permitted to present
his grounds for believing that the order should be revoked or modified
to one or more representatives of the Chairman of the Public Safety
Committee.
(4)
Within 10 days following the close of the informal conference, the
Chairman of the Public Safety Committee shall advise the applicant
whether or not it will modify or set aside the notice or order issued
by the Chairman of the Public Safety Committee.
B.
Hearings.
(1)
Any person aggrieved by a notice of the Chairman of the Public Safety Committee issued in connection with any alleged violation of the provisions of this article or of any applicable rules and regulations pursuant thereto or by any order requiring repair or demolition pursuant to § 146-17A and B may file with the Committee of Public Safety a petition setting forth his reasons for contesting the notice or order.
(2)
Such petition shall be filed within 21 days after the notice or order is served on petitioner in the manner prescribed by § 146-15.
(3)
Upon receipt of a valid petition, the Committee of Public Safety
shall either grant or deny the hearing requested and shall advise
petitioner of its decision in writing within 10 days of the day on
which his petition was received.
(4)
When the Committee of Public Safety determines to hold a hearing, it shall serve petitioner with notice of its decision in the manner provided for service of notice in § 146-15. Such notice shall be served within 10 days of the receipt of the petition.
(5)
At the hearing the petitioner shall be given an opportunity to show
cause why the notice or order should be modified or withdrawn or why
the period of time permitted for compliance should be extended.
(6)
The Committee of Public Safety shall have the power to affirm, modify
or revoke the notice or order and may grant an extension of time for
the performance of any act required of not more than one month additional
where the Committee of Public Safety finds that there is practical
difficulty or undue hardship connected with the performance of any
act required by the provisions of this article or by applicable rules
or regulations issued pursuant thereto and that such extension is
in harmony with the general purpose of this article to secure the
public health, safety and welfare.
(7)
The Committee of Public Safety may grant variances from the provisions
of this article or from applicable rules and regulations issued pursuant
thereto when the Committee of Public Safety finds that there is practical
difficulty or unnecessary hardship connected with the performance
of any act required by this article and applicable rules and regulations
pursuant thereto; that strict adherence to such provisions would be
arbitrary in the case at hand; that extension would not provide an
appropriate remedy in the case at hand; and that such variance is
in harmony with the general purpose of this article to secure the
public health, safety and welfare.
A.
Whenever in the judgment of the Chairman of the Public Safety Committee
an emergency exists which requires immediate action to protect the
public health, safety or welfare, an order may be issued, without
notice, conference or hearing, directing the owner, occupant, operator
or agent to take such action as is appropriate to correct or abate
the emergency. If circumstances warrant, the Chairman of the Public
Safety Committee may act to correct or abate the emergency.
B.
The owner, occupant, operator or agent shall be granted a conference
on the matter upon his request, as soon as practicable, but such conference
shall in no case stay the abatement or correction of such emergency.
