[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]
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.
The Borough of Burnham, Mifflin County, Pennsylvania.
The officer charged with the administration and enforcement
of this Part, or his duly authorized representative.
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.
The duly elected members of the Council of the Borough of
Burnham, Mifflin County, Pennsylvania.
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.
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.
The animal and vegetable waste resulting from the handling,
preparation, cooking and consumption of food.
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.
The presence, within or around a dwelling, of any insects,
rodents, or other pests.
Any dwelling containing more than two dwelling units.
Any person, over one year of age, living, sleeping, cooking,
or eating in, or having actual possession of, a dwelling unit or rooming
unit.
Any person who has charge, care, or control of a building,
or part thereof, in which dwelling units or rooming units are rented.
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.
An 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 fixtures, together
with all connections to water, sewer, gas or oil lines.
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.
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.
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.
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.
Installed, furnished or provided by the owner or operator
at his expense.
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.
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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.
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[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.
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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.
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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.
