Borough of Burnham, PA
Mifflin County
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Table of Contents
Table of Contents
[Ord. 1969-9, 4/29/1969, § 1]
The purpose of this Part is to protect the public health, safety and welfare by enacting a housing ordinance which may be referred to as "Burnham Borough Housing Ordinance of 1969."
A. 
Establishes the minimum standards for basic equipment and facilities; for light, ventilation and heating; for safe and sanitary maintenance; for cooking equipment of all dwellings, dwelling units, rooming houses and rooming units, now in existence or hereafter constructed.
B. 
Determines the responsibilities of owners, operators and occupants of dwellings.
C. 
Authorizes the inspection of dwellings; the rehabilitation of dwellings, and the vacancy or removal of dwellings unfit for human habitation.
D. 
Provides for administration, enforcement and penalties.
[Ord. 1969-9, 4/29/1969, § 2]
BASEMENT
A portion of a building located partly underground, but having less than half its clear floor-to-ceiling height below the average grade of the adjoining ground.
BOROUGH
The Borough of Burnham, Mifflin County, Pennsylvania.
BUILDING INSPECTOR
The officer charged with the administration and enforcement of this Part, or his duly authorized representative.
CELLAR
A portion located partly or wholly underground, and having half or more than half of its clear floor-to-ceiling height below the average grade of the adjoining ground.
COUNCIL
The duly elected members of the Council of the Borough of Burnham, Mifflin County, Pennsylvania.
DWELLING
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. The term "dwelling" as used herein shall include rooming houses and multi-family dwellings as well as single family dwellings unless otherwise indicated.
DWELLING UNIT
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.
GARBAGE
The animal and vegetable waste resulting from the handling, preparation, cooking and consumption of food.
HABITABLE ROOM
A room or enclosed floor space used or intended to be used for living, sleeping, cooking or eating purposes, excluding bathrooms, water closets compartments, laundries, pantries, foyers, or communicating corridors, closets and storage spaces.
INFESTATION
The presence, within or around a dwelling, of any insects, rodents, or other pests.
MULTIPLE DWELLING
Any dwelling containing more than two dwelling units.
OCCUPANT
Any person, over one year of age, living, sleeping, cooking, or eating in, or having actual possession of, a dwelling unit or rooming unit.
OPERATOR
Any person who has charge, care, or control of a building, or part thereof, in which dwelling units or rooming units are rented.
OWNER
Any person who, alone or jointly or severally with others, shall have legal title to any structure, with or without accompanying actual possession thereof; or shall operate, have charge, care or control of any structure under an article of agreement, or as executor, executrix, administrator, administratrix, trustee, attorney-in-fact, or guardian of the estate of the person having legal title. Any person representing the owner as heretofore defined, as agent, shall be bound to comply with the provisions of this Part, to the same extent that no agent of such owner shall be held personally responsible for the failure of the owner to make expenditures to comply with the terms of this Part; provided the agent has notified the owner of the provisions of this Part with which he is required to comply and has not been authorized by the owner to make the expenditures required.
PERSON
An individual, firm, corporation, association or partnership.
PLUMBING
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 fixtures, together with all connections to water, sewer, gas or oil lines.
ROOMING HOUSE
Any dwelling or that part of any dwelling containing one or more rooming units, in which space is rented by the owner or operator to three or more persons who are not husband or wife, son or daughter, mother or father, sister or brother, or those standing in such relationships of the owner or operator.
ROOMING UNIT
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.
RUBBISH
Combustible and noncombustible waste materials, except garbage; and the term shall include the residue from the burning of wood, coal, coke, and other combustible material, paper, rags, cartons, boxes, wood, excelsior, rubber, leather, tree branches, yard trimmings, tin cans, metals, mineral matter, glass crockery, and dust.
STRUCTURES
Buildings of all kinds, including partial and incomplete buildings and foundations whether being built or demolished, trailers of all kinds, and all mobile habitable units with or without wheels.
SUPPLIED
Installed, furnished or provided by the owner or operator at his expense.
TEMPORARY HOUSING
Any tent, trailer, or other structure used for human shelter which is designed to be transportable and which is not attached to the ground, to another structure, or to any utilities system on the same premises for more than 30 consecutive days.
Whenever the words "structure," "dwelling," "dwelling unit," "rooming unit," or "premises" are used in this Part, they shall be constructed as though they were followed by the words "or any part thereof." Words used in the singular number include the plural, words in the plural number include the singular, the word "building" includes the word "structure." The use of the masculine gender of pronouns herein shall be deemed to include the feminine and neuter genders unless otherwise indicated.
[Ord. 1969-9, 4/29/1969, § 3]
1. 
The Office of Building Inspector is hereby established. The Council of the Borough shall appoint a Building Inspector who shall be responsible for the administration and enforcement of this Part. In addition to the Building Inspector, the Council of the Borough may appoint such other employees as may be necessary for the adequate administration and enforcement of this Part. The Building Inspector and all other employees appointed hereunder shall serve at the pleasure of the Borough Council.
2. 
Council shall fix the salary of the Building Inspector.
3. 
During temporary absence or disability of the Building Inspector, the appointing authority shall designate an acting Building Inspector.
4. 
The Building Inspector to be eligible to appointment shall be properly qualified by experience and training in matters pertaining to housing, sanitation, safety and rehabilitation.
[Ord. 1969-9, 4/29/1969, § 4]
1. 
The Building Inspector is hereby authorized and directed to make inspections to determine the condition of dwellings, dwelling units, rooming units, structures and premises located within the Borough of Burnham in order that he 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 Building Inspector or any other officer or employee acting under the authority of this Part, subject to the limitations of the Constitution and laws of the United States and of the Commonwealth of Pennsylvania, upon showing proper identification of office may enter, examine and survey, at all reasonable times, and in an emergency at any time, all dwellings, dwelling units, structures and premises. Prior to the date of the initial inspection, a notice of intent to inspect shall be sent to the owner or occupant at least 15 days before the inspection date. This notice shall be sent by certified mail. The owner or occupant, or the person in charge thereof, shall give the Building Inspector free access to such dwelling, dwelling unit, rooming unit, or structure and its premises at all reasonable times for the purpose of such inspection, examination and survey. Every occupant or operator shall give the owner thereof, or his agent or employee, access to any part of such building 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 Part, or with any lawful rule or regulations adopted, or any lawful order issued pursuant to the provisions of this Part.
2. 
The Building Inspector may make a preliminary survey in any area of the Borough to determine the general condition of the structures of that area, the extent of dilapidation of structures, and the unsafe and unsanitary conditions which may exist.
3. 
Delegation of Power or Duty by the Building Inspector. The Building Inspector may delegate to any other properly qualified person approved by the Borough Council any power or duty vested in him by this Part, except that the Building Inspector may not delegate his power or duty to issue regulations pursuant subsection (5).
4. 
Report of the Building Inspector. The Building Inspector shall at the end of each calendar month and more frequently if he deems it desirable or if requested by the Borough Council, submit a written report to the Mayor and the Borough Council of the housing activities of his office, and the procedures used in the administration and enforcement of this Part, the number of housing violations found and corrected, and any other material which will indicate the progress made in housing sanitation, safety and rehabilitation. The report shall also contain a summary of the recommendations made by the Building Inspector, and the action taken by him pursuant to these recommendations.
5. 
Administration; Rules and Regulations. The Building Inspector may issue rules and regulations setting forth such standards, conditions and other specifications as he deems advisable for the proper interpretation and enforcement of the provisions of this Part. No rules and regulations so issued shall be effective until approved by the Borough Council and published one time in the newspaper. The Sentinel. A complete set of all rules and regulations in effect shall be kept on file in the office of the Borough Secretary and available for examination by members of the public. A complete set of such rules and regulations shall also be maintained by the Building Inspector. The Borough may provide sets of this Part and rules and regulations issued hereunder for sale at such cost as the Borough Council may fix. The rules and regulations may include, but shall not be limited to, matters respecting:
A. 
Required facilities, utilities and fixtures, illumination, ventilation, heating, structural condition, good repair and sanitary maintenance of dwellings.
B. 
The sanitary condition and maintenance of premises.
C. 
The occupancy of dwellings.
D. 
The elimination and prevention of infestation in and near dwellings.
6. 
The rules and regulations shall not be in conflict with the provisions of this Part, or with any other ordinance of the Borough.
7. 
The rules and regulations shall have the same force and effect as the provisions of this Part, and the penalty for their violation shall be the same as the penalty for the violation of the provisions of this Part.
[Ord. 1969-9, 4/29/1969, § 5; as amended by Ord. 1995-2, 3/14/1995]
1. 
If any order issued and served in accordance with this Part is not complied with within the time specified therein, the structure with respect to which the order has been issued is hereby declared to be a public nuisance, and it shall be unlawful for any person, firm or corporation that has knowledge of the issuance of the said order to occupy as a human habitation, or in any manner use the said structure, or any part thereof.
2. 
No person, firm or corporation shall, without the written consent of the Building Inspector, remove or permit the removal of any complaint, notice or order posted in accordance with the provisions of this Part.
3. 
When the Building Inspector finds that a structure is unfit for human habitation, or is dangerous within the meaning of this Part, and has notified the owner or his agent to such effect, and the time limit set by the Building Inspector for the correction of the defects, or of the repair, alteration or improvement, or of the vacation, closing or removal of same has expired, no person shall receive rentals, offer for rent, or occupy same as a human habitation or for any other purpose.
[Ord. 1969-9, 4/29/1969, § 6]
1. 
Whenever the Building Inspector determines that there are reasonable grounds to believe that there has been a violation of any provision of this Part, or of any rule or regulation adopted pursuant thereto, he shall give notice of such alleged violation to the person or persons responsible therefore, as hereinafter provided. 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; and (d) be served upon the owner or his agent or the occupant, as the case may require; provided, that such notice shall be deemed to be properly served upon such occupant if a copy thereof is served upon him personally; or if a copy thereof is sent by certified mail to his last known address; or if a copy thereof is posted in a conspicuous place in or about the dwelling affected by the notice. Such notice may contain an outline of remedial action which, if taken, will effect compliance with the provisions of this Part and with rules and regulations adopted pursuant hereto.
2. 
Any person affected by any notice which has been issued in connection with the enforcement of any provision of this Part, or of any rule or regulation adopted hereunder, shall be granted a hearing on the matter before the Building Inspector; provided, that such person shall file in the office of the Building Inspector a written petition requesting such hearing, and setting forth a brief statement of the grounds therefor within 10 days after the day the notice was served. Upon receipt of such petition the Building Inspector 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 petition was filed; provided, that upon application of the petitioner the Building Inspector may postpone the date of the hearing for a reasonable time beyond such ten-day period or advance the date of the hearing, if in his judgment the petitioner has submitted a good and sufficient reason for such postponement or advancement.
3. 
After such hearing the Building Inspector shall sustain, modify or withdraw the notice, depending upon his finding as to whether the provisions of this Part and of the rules and regulations adopted pursuant thereto have been complied with. If the Building Inspector sustains or modifies such notice, it shall be deemed to be an order. Any notice served pursuant to subsection (1) of this Part shall automatically become an order if a written petition for a hearing is not filed in the office of the Building Inspector within 10 days after such notice is served. After a hearing in the case of any notice suspending any permit required by this Part, or by any rule or regulation adopted pursuant hereto, when such notice has been sustained by the Building Inspector, the permit shall be deemed to have been revoked. Any such permit which has been suspended by a notice shall be deemed to be automatically revoked if a petition for hearing is not filed in the office of the Building Inspector within 10 days after such notice is served.
4. 
The proceedings at such hearing, including the findings and decision of the Building Inspector, shall be summarized, reduced to writing, and entered as a matter of public record in the office of the Building Inspector. Such record shall also include a copy of every notice or order issued in connection with the matter.
5. 
Whenever the Building Inspector finds that an emergency exists which requires immediate action to protect the public health, he may, without notice or hearing, issue an order reciting the existence of such an emergency and requiring that such action be taken as he deems necessary to meet the emergency. Notwithstanding the other provisions of this Part, such order shall be effective immediately. Any person to whom such order is directed shall comply therewith immediately, but upon petition to the Building Inspector shall be afforded a hearing as soon as possible. After such hearing, depending upon his finding as to whether the provisions of this Part and of the rules and regulations adopted pursuant hereto have been complied with, the Building Inspector shall continue such order in effect, or modify it, or revoke it.
[Ord. 1969-9, 4/29/1969, § 7; as amended by Ord. 1995-2, 3/14/1995]
1. 
Any person aggrieved by any decision of the Building Inspector or acting Building Inspector arising out of this Part, may appeal from this decision to the Board of Appeals hereby established, which shall consist of the members of the Burnham Borough Planning Commission. Such appeal shall be made within 10 days of such decision. Such appeal shall be in writing, 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 the said appeal to the attention of the Board of Appeals, who shall proceed to consider said appeal at a meeting to be fixed therefor at least 10 days from the date of filing of such appeal. The person appealing shall have the right to appear and to be heard if he states such desire in his written appeal.
2. 
Any person aggrieved by the decision of the Board of Appeals may within 30 days after filing of such decision in the office of the Building Inspector and in the office of the Borough Secretary, appeal to the Court of Common Pleas of Mifflin County.
3. 
Any person appealing from the decision of the Building Inspector as aforesaid, shall pay to the Secretary of Borough Council, a fee to be established from time to time by resolution of the Borough Council. The records of the Board of Appeals shall be the property of the Borough of Burnham, and shall at all times be kept in the custody of the Borough Secretary at the Municipal Building.
4. 
Meetings of the Board of Appeals shall be held as required by this Part, and at such other times as the Board may determine, or upon call of the President or at the request of any two members of the Board. All meetings shall be open to the public. The Board shall adopt its own rules of procedure, and shall keep a record of its proceedings showing the vote of each member on each question.
5. 
An appeal stays all proceedings in furtherance of the action appealed from unless the Building Inspector from whom the appeal is taken certifies to the Board, after the notice of appeal shall have been filed with him, that by reason of facts stated in the certificate a stay would in his opinion cause imminent peril to life and property. In such case proceedings shall not be stayed otherwise than by a restraining order which may be granted by the Board or by the Court of Common Pleas of the County on application on notice to the officer from whom the appeal is taken and due cause shown.
6. 
The Board shall fix a reasonable time for the hearing of the appeal, give due notice to the parties in interest, and decide the same within a reasonable time. Upon the hearing, any party may appear in person, or by agent or by attorney.
7. 
The Board shall have the following powers:
A. 
To hear and decide appeals where it is alleged there is error in any order, requirements, decision or determination made by an administrative official in the enforcement of this Part, or of any rule or regulation adopted pursuant hereto.
B. 
To hear and decide special exceptions to the terms of this Part upon which such Board is required to pass under such ordinance.
C. 
To authorize upon appeal in specific cases such variance from the terms of this Part as will not be contrary to the public interest where owing to special conditions a literal enforcement of the provisions of this Part will result in unnecessary hardship, so that the spirit of this Part shall be observed and substantial justice done.
8. 
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, requirements, decision or determination appealed from, and may make such order, requirements, decision or determination as ought to be made, and to that end shall have all the powers of the officer from whom the appeal is taken. Notice of such decision shall forthwith be given to all parties in interest.
9. 
Any person aggrieved by any decision of the Board, or any taxpayer of the Borough, or any officer of the Borough, may within 30 days after such decision of the Board, appeal to the Court of Common Pleas of the County by petition duly verified, setting forth that such decision is arbitrary, capricious, an abuse of discretion, or otherwise not in accordance with law, specifying the grounds upon which he relies.
10. 
Upon presentation of such petition in proper form, the Court shall forthwith issue a writ of certiorari directed to the Board of Appeals, commanding it within 20 days after the service thereof, to certify to the Court under the certificate of its President or Secretary, its entire record in the matter in which the appeal has been taken. The Prothonotary shall serve the Board by registered mail or certified mail, return receipt requested, with a copy of the writ and a copy of the appeal petition. On or before the return day of the writ, the Board shall file the entire record with the writ in the office of the Prothonotary.
[Ord. 1969-9, 4/29/1969, § 8]
No person shall occupy as owner-occupant or let to another for occupancy any dwelling or dwelling unit, for the purpose of living, sleeping, cooking, or eating therein, which does not comply with the following requirements:
1. 
Every dwelling unit shall contain a kitchen sink in good working condition and properly connected to a water and sewer system approved by the Building Inspector.
2. 
Every dwelling unit (except as otherwise permitted under subsection (4) of this Section) shall contain a room which affords privacy to a person within said room, and which is equipped with a flush water closet and a lavatory basin in good working condition and properly connected to a water and sewer system approved by the Building Inspector.
3. 
Every dwelling unit (except as otherwise permitted under subsection (4) of this Section) shall contain, within a room which affords privacy to a person within said room, a bathtub or shower in good working condition and properly connected to a water and sewer system approved by the Building Inspector.
4. 
The occupants of not more than two dwelling units may share a single flush water closet, a single lavatory basin, and a single bathtub or shower if:
A. 
Neither of the two dwelling units contains more than two rooms; provided, that for the purposes of this subsection, a kitchenette or an efficiency kitchen with not more than 60 square feet of floor area shall not be counted as a room; and that,
B. 
The habitable area of such dwelling units shall equal not more than 250 square feet of floor area.
C. 
Such water closet, lavatory basin, and bathtub or shower shall be in good working condition and properly connected to a water and sewer system approved by the Building Inspector.
In no event shall more than 10 occupants of the same dwelling unit or of two dwelling units as used above, use the same flush water closet, lavatory basin, bathtub or shower.
5. 
Every kitchen sink, lavatory basin and bathtub or shower required under the provisions of subsections (1 - 4) of this Section of this Part shall be properly connected with both hot and cold water lines.
6. 
Every dwelling unit shall be supplied with adequate rubbish storage facilities, type and location of which are approved by the Building Inspector.
7. 
Every dwelling unit shall have adequate garbage disposal facilities or garbage storage containers, the type and location of which are approved by the Building Inspector.
8. 
Every dwelling 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 (5) of this Section of this Part, 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 subsection (109(5) of this Part are not in operation.
9. 
Every dwelling unit shall have safe, unobstructed means of egress leading to safe and open space at ground level, as required by the laws of this State and the Borough.
[Ord. 1969-9, 4/29/1969, § 9]
No person shall occupy as owner-occupant or let to another for occupancy any dwelling or dwelling unit, for the purpose of living therein, which does not comply with the following requirements:
1. 
Every habitable room shall have at least one window or skylight facing directly to the outdoors. The minimum total window area, measured between stops, for every habitable room shall be 10% of the floor area of such room. Whenever walls or other portions of structures face a window of any such room and such light obstructing structures are located less than three feet from the 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. Whenever the only window in a room is a skylight-type window in the top of such room, the total window area of such skylight shall equal at least 15% of the total floor area of such room.
2. 
Every habitable room shall have at least one window or skylight which can easily be opened, or such other device as will adequately ventilate the room. The total of openable window area is every habitable room shall be equal to at least 45% of the minimum window area size or minimum sky-light type window size, as required in subsection (1) of this Section, except where there is supplied some other device affording ventilation and approved by the Building Inspector.
3. 
Every bathroom and water closet compartment shall comply with the light and ventilation requirements for habitable rooms contained in subsection (1), (2) and (9) of this Section, except that no window or skylight shall be required in adequately ventilated bathrooms and water closet compartments equipped with a ventilation system which is kept in continuous operation and approved by the Building Inspector.
4. 
Where there is electric service available from power lines which are not more than 300 feet away from a dwelling, every habitable room of such dwelling 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; and 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. Every such outlet and fixture shall be properly installed, shall be maintained in good and safe working condition, and shall be connected to the source of electric power in a safe manner.
5. 
Every dwelling shall have heating facilities which are properly installed, 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 three feet above floor level, under ordinary minimum winter conditions.
6. 
Every public hall and stairway of every multiple dwelling containing five or more dwelling units shall be adequately lighted at all times. Every public hall and stairway in structures devoted solely to dwelling occupancy and containing not more than four 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.
7. 
During that portion of each year when the Building Inspector deems it necessary for protection against mosquitoes, flies, and other insects, every door opening directly from a dwelling unit to out-door 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; provided, that such screens shall not be required during such period in rooms deemed by the Building Inspector to be located high enough in the upper stories of buildings as to be free from such insects, and in rooms located in areas of the Borough which are deemed by the Building Inspector to have so few such insects as to render screens unnecessary.
8. 
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 will effectively prevent their entrance.
[Ord. 1969-9, 4/29/1969, § 10]
No person shall occupy as owner-occupant or let to another for occupancy any dwelling or dwelling unit, for the purpose of living therein, which does not comply with the following requirements:
1. 
Every foundation, floor, wall, ceiling, and roof shall be reasonably weathertight, watertight and rodent proof; shall be capable of affording privacy; and shall be kept in good repair.
2. 
Every window, exterior door, and basement hatchway shall be reasonably weathertight, watertight and rodent proof; and shall be kept in sound working condition and good repair.
3. 
Every inside and outside stair, every porch and every appurtenance thereto shall be so constructed as to 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 good repair.
4. 
Every plumbing fixture and water and waste pipe shall be properly installed and maintained in good sanitary working condition, free from defects, leaks, and obstructions.
5. 
Every water closet compartment floor surface and bathroom floor 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.
6. 
Every supplied facility, piece of equipment, or utility which is required under this Part shall be so constructed or installed that it will function safely and effectively, and shall be maintained in satisfactory working condition.
7. 
No owner, operator, or occupant shall cause any service, facility, equipment or utility which is required under this Part to be removed from or shut off from or discontinued for any occupied dwelling 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 Building Inspector.
8. 
No owner shall occupy or let to any other occupancy any vacant dwelling unit unless it is clean, sanitary and fit for human occupancy.
[Ord. 1969-9, 4/29/1969, § 11]
No person shall occupy or let to another for occupancy any dwelling or dwelling unit, for the purpose of living therein, which does not comply with the following requirements:
1. 
Every dwelling unit shall contain at least 150 square feet of floor space for the first occupant thereof, and at least 100 additional square feet of floor space for every additional occupant thereof, the floor space to be calculated on the basis of total habitable room area.
2. 
In every dwelling unit of two or more rooms, every room occupied for sleeping purposes by one occupant shall contain at least 70 square feet of floor space, and every room occupied for sleeping purposes by more than one occupant shall contain at least 50 square feet of floor space for each occupant thereof.
3. 
No dwelling or dwelling unit containing two or more sleeping rooms shall have such 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 apartment.
4. 
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 that part of any 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 thereof.
5. 
No cellar space shall be used as a habitable room or dwelling unit.
6. 
No basement space shall be used as a habitable room or dwelling unit unless:
A. 
The floor and walls are impervious to leakage of underground and surface runoff water, and are insulated against dampness.
B. 
The total of window area in each room is equal to at least the minimum window area sizes as required in § 109(1).
C. 
Such required minimum window area is located entirely above the grade of the ground adjoining such window area.
D. 
The total of openable window area in each room is equal to at least the minimum as required under § 109(2) except where there is supplied some other device affording adequate ventilation and approved by the housing officer.
[Ord. 1969-9, 4/29/1969, § 12]
1. 
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 areas of the dwelling and premises thereof.
2. 
Every occupant of a dwelling or dwelling unit shall keep in a clean and sanitary condition that part of the dwelling, dwelling unit, and premises thereof which he occupies and controls.
3. 
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 § 108(6) of this Part.
4. 
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 § 108(7) of this Part.
5. 
Every occupant of a dwelling or dwelling unit shall be responsible for hanging all screens and double or storm doors and windows whenever the same are required under the provisions of this Part, or of any rule or regulation adopted pursuant hereto, except where the owner has agreed to supply such service.
6. 
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 failure of the owner to maintain a dwelling in a rat-proof or reasonably insect-proof condition, extermination shall be the responsibility of the owner. Whenever infestation exists in two or more of the dwelling units, extermination thereof shall be the responsibility of the owner.
7. 
Every occupant of a dwelling unit shall keep all plumbing fixtures therein in a clean and sanitary condition, and shall be responsible for the exercise of reasonable care in the proper use and operation thereof.
8. 
During that time of the year when it is necessary, as determined by the building inspector, every owner or operator of every two-family dwelling, multiple 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 for each dwelling unit are under the sole control of the occupant of such dwelling unit.
[Ord. 1969-9, 4/29/1969, § 13]
The designation of dwellings or dwelling units as unfit for human habitation and the procedures for the condemnation and placarding of such unfit dwellings or dwelling units shall be carried out in compliance with the following requirements:
1. 
Any dwelling or dwelling unit which shall be found to have any of the following defects shall be condemned as unfit for human habitation, and shall be so designated and placarded by the building inspector.
A. 
One which is so damaged, decayed, dilapidated, unsanitary, unsafe, or vermin-infested that it creates a serious hazard to the health safety of the occupants of the public.
B. 
One which lacks illumination, ventilation, or sanitation facilities adequate to protect the health or safety of the occupants or of the public.
C. 
One which because of its general condition or location is unsanitary or otherwise dangerous to the health or safety of the occupants or of the public.
2. 
Any dwelling or dwelling unit condemned as unfit for human habitation, and so designated and placarded by the Building Inspector, shall be vacated within a reasonable time as ordered by the Building Inspector.
3. 
No dwelling or dwelling unit which has been condemned and placarded as unfit for human habitation shall again be used for human habitation until written approval is secured from, and such placard is removed by, the Building Inspector. The Building Inspector shall remove such placard whenever the defect or defects upon which the condemnation and placarding action were based have been eliminated.
4. 
No person shall deface or remove the placard from any dwelling or dwelling unit which has been condemned as unfit for human habitation and placarded, except as provided in subsection (3).
5. 
When any dwelling or dwelling unit has been condemned as unfit for human habitation and so designated and placarded by the Building Inspector, the Building Inspector shall issue a notice to the owner of such dwelling unit setting forth that the dwelling or dwelling unit has been condemned as unfit for human habitation, stating the reason or reason for such condemnation and setting forth a reasonable time within which the said owner shall begin work either to correct the deficiencies or to raze the dwelling or dwelling unit. Such work of correcting the deficiencies or razing the dwelling or dwelling unit shall be carried on without interruption.
6. 
Any person affected by any designation and placarding as unfit for human habitation of any dwelling or dwelling unit or by any notice requiring action to correct deficiencies or to raze the dwelling or dwelling unit pursuant to the foregoing provision of this Section may request and shall be granted a hearing before the Building Inspector and shall have the right of appeal, all as set forth in §§ 106 and 107 of this Part.
[Ord. 1969-9, 4/29/1969, § 14; as amended by Ord. 1995-2, 3/14/1995]
Any person, firm or corporation who shall fail, neglect or refuse to comply with any of the terms or provisions of this Part, or of any rule, regulation or requirement made pursuant hereto and required hereby shall, upon conviction thereof, be sentenced to pay a fine of not more than $1000 plus costs and, in default of payment of said fine and costs, to a term of imprisonment not to exceed 30 days. Each day that a violation of this Part continues shall constitute a separate offense.
[Ord. 1969-9, 4/29/1969, § 15]
1. 
Dwelling or dwelling units in the Borough of Burnham not maintained and operated in accordance with the minimum standards set forth in this Part are hereby declared public nuisances.
2. 
The Borough Council of the Borough of Burnham, upon the recommendation of the Building Inspector and after the rights of appeal contained in this Part have been waived or exhausted, shall have the right by resolution to order the abatement of the nuisance created by failure of the owner or occupier of the premises concerned to comply with the minimum standards of this Part, including the right to have the building razed, and all costs of such abatement shall be entered as municipal liens against the land concerned.
3. 
The right of abatement granted in § 115(2), above, shall be in addition to the penalty provisions contained in this Part.
[Ord. 1969-9, 4/29/1969, § 16]
The powers conferred upon the Building Inspector by the provisions of this Part shall be in addition and supplemental to the powers conferred upon the Building Inspector by any other ordinances. Nothing herein shall be construed to impair or limit in any way the power of the Borough of Burnham to define and declare nuisances and to cause their removal or abatement by proper proceedings. The measures and procedures herein provided for do not supersede, and this Part does not repeal any other measures or procedures which are provided by ordinance or State law for the elimination, repair, or correction of the conditions referred to in § 101 hereof, and the measures and procedures herein provided for shall be in addition to the same.
[Ord. 1969-9, 4/29/1969, § 17]
In any case where a provision of this Part is found to be in conflict with the provisions of any zoning, building, fire, safety or health ordinance, or code of the Borough existing on the effective date of this Part, the provision which establishes the highest standard for the promotion and protection of the health and safety of the people shall prevail. In any case where a provision of this Part is found to be in conflict with a provision of any other ordinance which establishes a lower standard for the promotion and protection of the health and safety of the people, the provisions of this Part shall be deemed to prevail, and such other ordinances or codes are hereby declared to be replaced to the extent that they may be found in conflict with this Part.