[HISTORY: Adopted by the Board of Health of the Borough of Sharon Hill 12-15-1953; adopted and approved by the Council of the Borough of Sharon Hill 1-12-1954 as part of Ord. No. 772 (Ch. 68 of the 1972 Code). Amendments noted where applicable.]
Board of Health — See Ch. 18.
Public assemblies — See Ch. 110.
Building construction — See Ch. 125.
Electrical installations — See Ch. 160.
Fire prevention — See Ch. 175.
Garbage, refuse and rubbish — See Ch. 184.
Housing and property maintenance — See Ch. 200.
Nuisances — See Ch. 225.
Plumbing — See Ch. 260.
Restaurants and food establishments — See Ch. 276.
Abandoned refrigerators and wells — See Ch. 268.
Water conservation — See Ch. 363.
The Board of Health of this Borough may adjudge any condition within the Borough to be a health nuisance, and any and every person who creates, continues or maintains any such nuisance so declared by the Board of Health shall be deemed guilty of a violation of this chapter and shall be liable for the expense of the remedy and abatement thereof.
No house refuse, offal, garbage, dead animals, decaying vegetable matter or organic waste substances of any kind shall be thrown on any street, roadway, ditch, gutter or public place within the limits of this Borough, and no putrid or decaying animal or vegetable matter shall be kept in any house, cellar or adjoining outbuilding or grounds for more than 24 hours.
The basement or cellar of any dwelling shall be dry and ventilated and shall be kept free of rubbish accumulation and rodent infestation.
Every dwelling and every dwelling unit shall be weatherproof and capable of being adequately heated, and the heating equipment in every dwelling or dwelling unit shall be maintained in good order and repair and shall be of a type approved by the Plumbing Inspector.
All apparatus, implements or devices used for the cooking of food shall be maintained in good order and repair and shall be of a type approved by the Health Officer.
The floors and walls of every dwelling and every dwelling unit shall be kept free of dampness.
Every habitable room in a dwelling or dwelling unit shall contain a window or windows opening directly to the outside air, and the total area of such window or windows shall not be less than 10% of the floor area of such room.
No room in any basement or cellar shall be occupied as a habitable room unless:
The clear inner height is at least eight feet.
The uppermost four feet of the required clear inner height is above the average outside ground level.
The floors and walls are waterproof and damp-proof in accordance with an approved method, if in contact with earth. Such waterproofing shall be between the floor or wall finish and the ground.
No room shall be used for sleeping purposes unless there is at least 400 cubic feet of air space and 50 square feet of floor space for each adult and at least 200 cubic feet of air space and 30 square feet of floor space for each child under the age of 12 years occupying such room. No room used for sleeping purposes shall have a floor area of less than 60 square feet.
The occupancy of any dwelling unit having more than one habitable room shall not exceed an average of 1 1/2 persons per habitable room. For the purpose of this regulation, any child under one year of age shall not be counted and any child more than one year old but under 12 years of age shall be deemed to be 1/2 person.
In every dwelling unit containing two or more rooms, there shall be running water and at least one sink connected to the public sewer or to an approved sewage disposal system.
Where more than two persons occupy any dwelling unit, food shall not be prepared or cooked in any room used for sleeping purposes.
There shall be at least one water closet for each dwelling unit, which water closet shall be within and accessible from within the building.
All plumbing, water closets and other plumbing fixtures in every dwelling or dwelling unit shall be maintained in good order and repair and in accordance with the requirements of the Borough Plumbing Code and regulations.
Every toilet room and every bathroom in a dwelling shall be provided with adequate light and ventilation.
Every dwelling and every dwelling unit shall be provided with such receptacles to contain all garbage, rubbish and ashes as may be necessary, and all such receptacles shall at all times be maintained in good order and repair. Receptacles for garbage shall be made of metal, watertight and provided with tight covers.
There shall be for each dwelling unit a separate access either to a hallway, landing, stairway or street.
All courts, yards or other areas on the premises of every dwelling shall be properly graded and drained.
Every dwelling and every part thereof shall be kept clean and free of any accumulation of dirt, filth, rubbish, garbage or similar matter and shall be kept free of vermin or rodent infestation. All yards, lawns and courts shall be kept clean and free of rodent infestation. It shall be the duty of each occupant of a dwelling unit to keep in a clean condition that portion of the property which he occupies or over which he has exclusive control. If the occupant shall fail to keep his portion of the property clean, the Health Officer may send a written notice to the occupant to abate such nuisance within the time specified in said notice; provided, however, that when in the opinion of the Health Officer such nuisance constitutes an actual menace to health, he shall proceed forthwith to cause such nuisance to be abated. Failure of the occupant to comply with such notice shall be deemed a violation of this chapter, and upon conviction the occupant shall be subject to the penalty or penalties herein provided.
It shall be unlawful for any person willfully or maliciously to deposit any material in any toilet, bathtub, sink or other plumbing fixture which may result in the obstruction of any sanitary sewer. This liability on the part of the occupant shall not relieve the owner of the responsibility of cleaning any resultant chokage but shall subject the occupant to the penalties of this chapter upon proper proof of such willful or malicious act.
Whenever any dwelling, or any building, structure, excavation, business pursuit, matter, condition or thing in or about a dwelling or the lot on which it is situated, or the plumbing, sewerage, drainage, light or ventilation thereof, is found by the Health Officer to be dangerous or detrimental to life or health, the Health Officer may order that matter, condition or thing to be removed, abated, suspended, altered or otherwise improved, as his order shall specify. If any such order of the Health Officer, issued under the authority of the provisions of this section, is not complied with within 10 days after the service thereof, or within such shorter time as he may designate as being necessary under the circumstances, then such order may be executed by said Health Officer through his officers, agents, employees or contractors, and the expense incurred incident to said order shall be paid by the owner of said property and, until so paid, shall be a lien upon the realty and recoverable as other liens on realty in the Borough of Sharon Hill, or he may order the premises vacated; provided, however, that when in the opinion of the Health Officer such matter, condition or thing is in a state of nuisance which constitutes an actual menace to health, he shall proceed forthwith to cause such nuisance to be abated, but in no case shall a lien attach to the property unless a notice, as hereinbefore provided, has been issued.
Before proceeding to execute such order, the Health Officer shall post a notice on the front of the building, stating that since such order was not complied with within the time mentioned in said notice, the Health Officer will proceed to execute the same at the expiration of an additional five days and charge the cost thereof to the owner of the premises. A copy of such notice shall be sent to the owner of the property, or his agent, if names and addresses on diligent search can be ascertained, and such notice shall be posted on said premises at least five days before the Health Officer proceeds to incur expenses, unless the condition is of such character requiring immediate action, in which case the time of the notice shall be such as, in the judgment of the Health Officer, is reasonable and proper. The Health Officer shall furnish the Borough Solicitor with all information necessary to enable him to file a lien against the property involved for the recovery of any and all expenses incurred under the provisions of this chapter.
Whenever it shall be found by the Health Officer that a dwelling is unfit for human habitation or dangerous to life or health by reason of want of repair, of defects in the drainage, plumbing, lighting, ventilation, heating or the construction of the same, or by reason of the existence on the premises of any condition likely to cause sickness or injury among the occupants of said dwelling, or for any other causes affecting the public health, the Health Officer may issue an order requiring such dwelling to be vacated. A copy of such order shall be posted on the front of the dwelling at least 10 days before it shall be effective, unless the situation is of a character requiring immediate action, in which case the effective time of the order shall be such as, in the judgment of the Health Officer, is reasonable and proper. A copy of such order shall be sent to the owner of the property, or his agent, if names and addresses on diligent search can be ascertained. The dwelling so ordered to be vacated shall not be occupied until a written statement shall have been secured from the Health Officer showing that the dwelling or its occupation has been made to comply with this or any other existing law.
Whenever any person or persons shall be in actual possession of or have charge, care or control of any property within the Borough as executor, administrator, trustee, guardian or agent, such person shall be deemed and taken to be the owner of such property within the true intent and meaning of this chapter and shall be bound to comply with the provisions of this chapter to the same extent as the owner, and notice to any such person of any order or decision of the Health Officer shall be deemed and taken to be a good and sufficient notice as if such person or persons were actually the owner or owners of such property; provided, however, that the provisions of this section shall not apply to an agent who merely collects rents and is not in actual possession and/or control of the property.
All commercial or industrial establishments employing more than five persons shall have adequate toilet and wash facilities, and where both sexes are employed, separate toilet and wash facilities shall be provided; and establishments dispensing food for consumption on the premises shall provide wash and toilet facilities for the use of patrons.
The Health Officer, the Board of Health as a body or by committee, together with assistants, subordinates and technicians of their choosing, shall have the right to enter at any times upon any premises in the Borough on which there is suspected to be any violation of these regulations or of the sanitary codes, regulations or laws of the Commonwealth of Pennsylvania, or any nuisance detrimental to the public health, for the purpose of examining and causing the abatement of the same.
The rules and regulations herein provided shall be in addition to all those provided by the Borough Code, state laws or by any state board, and such additional laws, codes or rules shall be enforced as heretofore and hereafter provided.
[Amended 12-28-1972 by Ord. No. 1019; 7-14-1988 by Ord. No. 1180]
In addition to the right herein provided to collect by suit and lien the cost of abating any nuisance or remedying any violation of the foregoing rules and regulations, any person who shall be convicted of a violation of any of the provisions of this chapter before any Magisterial District Judge shall be sentenced to pay a maximum fine as provided from time to time by state statute, together with costs of prosecution, or to imprisonment in the county jail for a term not to exceed 30 days, or both.