[HISTORY: Adopted by the Council of the Borough of Sharon Hill as indicated in article histories. Amendments noted where applicable.]
Building codes — See Ch. 125.
Dangerous buildings — See Ch. 130.
Fire prevention — See Ch. 175.
Garbage, refuse and rubbish — See Ch. 184.
Graffiti — See Ch. 189.
Health and sanitation — See Ch. 195.
Nuisances — See Ch. 230.
Oil-burning equipment — See Ch. 240.
Plumbing — See Ch. 260.
Water conservation — See Ch. 363.
Article I Minimum Properties Standards Code
[Adopted 11-16-2006 by Ord. No. 1312 (Ch. 70, Art. I, of the 1972 Code)]
Editor's Note: This ordinance superseded Ord. No. 1071, adopted 8-9-1978.
This article shall be known as the "Minimum Properties Standards Code" for the Borough of Sharon Hill for all structures and properties.
There is hereby established a Housing Code for the Borough of Sharon Hill. The International Property Maintenance Code, 2006 Edition, or any edition that changes from time to time, shall be the Property Maintenance Code for the Borough of Sharon Hill.
The purpose of this article is to protect the public health, safety and welfare in buildings and on the premises as hereinafter provided by:
Establishing minimum standards for basic equipment and facilities, for light, ventilation, space, heating and sanitation; for safety from fire; for space, use and location; for safe and sanitary maintenance; for cooking equipment in all structures now in existence.
Fixing the responsibilities of owners, managers and occupants of all structures.
Providing for administration, enforcement and penalties.
The Borough Council for the Borough of Sharon Hill shall appoint the Borough Manager, the Building Code Official, the Property Maintenance Official, such deputies and assistants and certified third-party agents or organizations, to enforce the provisions of this article. Such positions may be combined with another position or positions of this article.
It shall be unlawful for any person to disclose the name of a person who requests a code enforcement action or makes a code enforcement complaint unless ordered to do so by a judge or a duly appointed or elected official of the court.
[Added 7-24-2008 by Ord. No. 1326; amended 2-25-2010 by Ord. No. 1342]
Licenses and permits required; exception.
Every person, firm, corporation or any other type of entity owning, managing or operating a dwelling unit and/or rooming unit shall not rent, lease, let out or permit the same to be occupied without first applying for and securing the following: An annual rental dwelling license for each occupied and/or vacant dwelling(s) issued pursuant to the provisions of this article and other applicable ordinances, rules and regulations enacted by the Borough Council.
The above requirements for an annual rental dwelling license shall not apply to a residential owner-occupied individual dwelling unit with one additional unit (total of two units).
A use and occupancy permit shall be required whenever there is a change of ownership or structural modification or structural addition to any residential structure or any commercial or industrial structure.
The appropriate Borough officials are hereby authorized and directed to process all applications for use and occupancy permits and rental dwelling licenses and, prior to the issuance of same, determine by inspection that all the requirements of this article and/or any other applicable ordinance, rules and regulations enacted by the Borough Council have been met. The fee for the application and issuance of any use and occupancy permit and rental dwelling license, as well as any fee for reinspection(s) of properties, shall be set from time to time at the discretion of Borough Council by resolution.
An operating license for all rentals, leased, subleased single- or multiple-family dwellings or rooming house shall be valid for a period of one year, unless revoked for noncompliance of any Borough ordinance or nonpayment of Borough sanitary sewer or trash collection fee, and such license shall be renewable for successive periods of one year from the original date of application for said license. Licenses shall not be transferable.
Any rented single-family dwelling owner whose tenant has six police complaints against the tenant or property will have its rental dwelling license and its use and occupancy permit revoked. After three complaints, the owner will be notified, via certified mail, that there have been three complaints against his/her tenant or property, and after an additional three complaints, the rental dwelling license and/or use and occupancy permit will be revoked for one year.
Any owner of an apartment building which has six police complaints on a single apartment unit will have its rental dwelling license revoked on that apartment. After three complaints, the owner will be notified, via certified mail, that there have been three complaints, and after an additional three complaints, the rental dwelling license for that apartment unit will be revoked for one year.
The owner will be notified that there have been six complaints and that his use and occupancy permit and his rental dwelling license have been withdrawn. Once notified of the six complaints, the owner shall have seven days to start eviction proceedings and show proof and court date to the Borough. If proof is not shown in seven days, a citation shall be issued on a weekly basis until proof is shown of eviction proceedings. After the tenant is evicted, the one-year suspension will commence.
Boarding-up procedures. No building shall have the windows or doors blocked except to alleviate a dangerous condition which is of a temporary nature. A detailed description of the planned work, including specifications of dangerous conditions, the name, address and phone number of the individual responsible for the property and the period of time it will take to correct the condition, must be immediately submitted to the Borough Manager for review and approval.
If boarding is approved, all board-up must be installed inside the building, with all surfaces that face outside to be painted white. Only in extraordinary circumstances and with the approval of the Borough Manager will board-up be allowed on the outside of the building. The same painting requirements will remain in effect.
The responsible Borough official is hereby authorized and directed to make inspection of the condition of rental dwellings, multiple-dwelling units, rooming units and other structures located in the Borough of Sharon Hill. The inspector is authorized to enter, examine and survey such units and premises on weekdays between 9:30 a.m. and 4:00 p.m., or at such other times as may be necessary in an emergency or as mutually agreed by the occupant and the Borough officials responsible for scheduling appointments. Failure to allow for entry into premises for inspection and failure to notify the appropriate tenant within 48 hours of an inspection will result in a fine by the Borough.
In the event that a mutually acceptable date and time is not kept by the owner/manager, or not canceled within 24 hours previous to the scheduled appointment, this will be counted as the first appointment. The next appointment will be counted as a reinspection and charged appropriately. If the second appointment is scheduled and not responded to, it will result in the revoked rental dwelling license by the Borough Official.
In the event any person, firm, corporation or any other type of entity owning, managing, conducting or operating a rental dwelling unit and/or rooming unit fails to apply for and obtain an annual rental dwelling license or use and occupancy permit as required by this article, in addition to any other remedies provided for by this article, the appropriate Borough officials are hereby empowered and authorized to issue a citation to any and/or each of the aforementioned persons, firm, corporation, or any other type of entity owning, managing, conducting or operating a dwelling unit and/or rooming unit and, upon conviction before a 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. Each day there exists a violation of this section shall constitute a separate violation of the article, and the Borough official may at his/her discretion issue a separate citation for each such individual violation.
Every occupant of a rental dwelling unit or rooming unit shall grant to the owner or his agent or employees free access to it at reasonable times for the purpose of making repairs or alterations to effect compliance with this article.
When the Borough official determines that there exists a violation of any provision of this article, he shall serve written notice of such violation on the person or persons responsible as herein provided.
Such notice shall:
Be put in writing.
Allow a responsible time for the performance of any repairs it requires.
Be sent to the owner or his manager, as the case may require, provided that such notice shall be properly served upon such person and such notice shall be sent by regular mail to his address located on his application.
Whenever the Borough official finds that there exists any violation of this article which creates an emergency requiring immediate correction to protect the health, safety and welfare of any occupant of a dwelling unit or rooming unit, he may issue and order reciting the existence of such an emergency. Notwithstanding the other provisions of this article, such order shall be effective immediately. Any person to whom such order is directed shall comply therewith immediately.
Whenever an appropriate Borough official finds that a dwelling unit constitutes a serious hazard to the health, safety or welfare of the occupants or to the public because of dilapidated, structural defect, unsanitary, vermin-infested, rodent-infested or lack of basic facilities and equipment required by this article, he shall designate such dwelling unit as unfit for human habitation. Such designation shall be posted on the dwelling unit and shall specify the reason for such finding. A notice of violation shall also be served by regular and certified mail. Any dwelling unit so designated shall be vacated within a reasonable time as specified by the Borough official and shall not again be used for human habitation until the hazard or violation has been eliminated or corrected and the appropriate Borough official has removed the designation and given written approval for occupancy. A report of any such closing shall immediately be filed with the Borough Council President.