The City hereby adopts as the Property Maintenance Code of the
City of Lock Haven the 2003 Edition of the International Property
Maintenance Code, published by International Code Council, Inc. (hereinafter
collectively referred to as the "code"), as supplemented and amended
by this chapter.
The City amends the code as follows:
101.1 of the code is hereby supplemented by inserting "Lock Haven,
Pennsylvania" as the name of jurisdiction.
102.5 is amended by adding the following: "The Code Official shall
be guided by manufacturers specifications and/or architectural graphics
standards in determining compliance with this section."
102.3 is amended as follows:
102.3 Application of other codes. Any repairs or
alterations to a structure, or changes of use therein, which may be
caused directly or indirectly by the enforcement of this code shall
be done in accordance with the procedures and provisions of the building
code, plumbing code, mechanical code and national electrical code.
105.1 is amended as follows:
105.1 General. The Code Official shall enforce
all the provisions of this code unless otherwise provided herein or
by other ordinance.
105.3 is amended as follows:
105.3 Right of entry. The Code Official is authorized
to enter structures and premises for the purpose of making inspections
and performing duties under this code only with the consent of an
individual entitled to possession of or access to the area to be inspected
or upon warrant or court order issued upon probable cause that violations
of this code exist.
106, Violations, is amended as follows:
106.1 Unlawful acts. It shall be unlawful for any
person, firm or corporation to erect, construct, alter, extend, repair,
remove, demolish, use or occupy any structure or equipment regulated
by this code and any rule or regulation adopted pursuant to this code.
106.3.1 Criminal proceedings.
In case any violation order is not promptly complied with,
the Code Official may institute summary proceedings before the Magisterial
District Judge. Any person, firm, or corporation, who shall violate
any provision of this code shall, upon conviction thereof, be subject
to a fine of not more than $1,000 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 continues after due notice has been
served, in accordance with the terms and provisions hereof, shall
be deemed a separate offense.
106.3.2 Civil proceedings.
The Code Official may refer the matter to legal counsel for
commencement of proceedings at law and/ or equity against the person(s)
who may reasonably be held responsible for the violation of the of
the ordinance for the purpose of obtaining a court order requiring
that person(s) to correct or remove the violation, to abate the nuisance
or to refrain from any further performance of work which has been
conducted in violation of this chapter.
To restrain, correct or remove the violation or refrain from
any further execution of work.
To halt or correct erection, installation or alteration activities
that have violated or which would violate this chapter.
To require the removal of work which has been conducted in violation
of this chapter.
To prevent the occupancy or use of the structure or part thereof
erected, constructed, installed or altered in violation of, or not
in compliance with, the provisions of this code or in violation of
a plan or specification under which an approval, permit or certificate
107, Notices and orders, is amended as follows:
107.1 Notice to person responsible. Whenever the
Code Official determines that there has been a violation of this code
or has reasonable grounds to believe that a violation has occurred,
notice of the violation and compliance requirements shall be given
to the owner or the person or persons responsible therefor in the
manner prescribed below.
107.2 Form. Such notice prescribed in Section 107.1
Be in writing.
Include a description of the real estate sufficient for identification.
Include a statement of the reason or reasons why it is being
Include a correction order allowing a reasonable time for the
repairs and improvements required to bring the dwelling unit or structure
into compliance with the provisions of this code.
Include an explanation of the owner's right to seek modification
or withdrawal of the Code Official's notice of violation and compliance
order utilizing a petition to the Code Enforcement Board of Appeals
Include an explanation of remedies available to the municipality
107.3 Method of service. Such notice of violation
and compliance order is effectively served when service is personal
(that is, actually delivered to the person to be served) or by leaving
the notice at the usual place of abode of the person to be served,
in the presence of someone in the family of suitable age and discretion
who shall, generally, be informed of the contents thereof or by certified
or registered mail addressed to the person to be served at the last
known address with return receipt requested, or if the certified or
registered letter is returned with receipt showing that it has not
been delivered, by posting a copy thereof in a conspicuous place in
or about the structure affected by such notice and at least one publication
of such notice in a local newspaper of general circulation.
107.5 Transfer of ownership. It shall be unlawful
for the owner or the person or persons responsible therefore of any
dwelling unit or structure which has been made subject to a compliance
order or upon whom a notice of violation has been served to sell,
transfer, mortgage, lease or otherwise dispose of the dwelling unit
or structure until the violation has been resolved or corrected or
until such owner shall first furnish the grantee, transferee, mortgagee
or lessee a true copy of any compliance order or notice of violation
issued by the Code Official and shall furnish to the Code Official
a signed and notarized statement from the grantee, transferee, mortgagee
or lessee acknowledging the receipt of such compliance order or notice
of code violation. The party whose duty it is to provide the grantee,
transferee, mortgagee or lessee with this information on compliance
orders and code violation shall also inform that receiving party about
any compliance time frames and necessary corrections/repairs required
to abate the code violations within the time frame required by the
ordinance and/or compliance order or notice of violation.
107.6 Options upon condemnation. A party or person
who has received a compliance order or notice of violation and who
does not timely do those things required by this code and by the rules
and regulations applicable to this code, shall be subject to condemnation
proceedings, prosecution under the ordinance and demolition of dwellings
or structures which have been the subject of compliance orders or
notices of violation and may be subject to any combination of these
108.0, Unsafe structures and equipment, is amended as follows:
108.1 General. When a structure or part thereof
is found by the Code Official to be unsafe, or when a structure or
part thereof is found unfit for human occupancy or use or is found
unlawful, it may be condemned pursuant to the provisions of this code
and may be placarded and vacated. It shall not be reoccupied without
approval of the Code Official. Unsafe equipment shall be placarded
and placed out of service.
108.1.1 Unsafe structure. An unsafe structure is
one in which all or part thereof is found to be dangerous to life,
health or the safety of the public or its occupants and/or which poses
an unreasonable risk of causing economic or other harm to property
close enough to be within the scope of that economic or other harm,
because the structure lacks minimum safeguards for the protection
from and notice of fire, is an "attractive nuisance" as that phrase
has come to be defined by applicable law or because it is so damaged,
decayed, dilapidated, structurally unsafe or unsound or of such faulty
construction or unstable foundation, that there is an unreasonable
risk of the complete or partial collapse of the structure or an unreasonable
risk that the physical condition of the structure will result in harm
to the life, health or safety of those who may foreseeably become
located within the scope of the risk or an unreasonable risk that
the condition of the property will cause significant economic harm
to other property within the scope of the risk.
108.1.2 Unsafe equipment. Unsafe equipment includes
any boiler, heating equipment, elevator, moving stairway, electrical
wiring or device, flammable liquid containers or other equipment which
is operated utilizing, as its energy source, coal, electricity, natural
gas, propane, etc., on the premises or within the structure which
is in such disrepair or condition that it is found to be a hazard
to life, health, property or safety of the public or occupants of
the premises or structure. Unsafe equipment may contribute to the
finding that the structure is unsafe or unfit for human occupancy
108.1.3 Structure unfit for human occupancy. A
structure is unfit for human occupancy or use whenever the Code Official
finds that it is unsafe, unlawful or because of the degree in which
it lacks maintenance or is in disrepair, is unsanitary, vermin or
rat infested, contains filth and contamination or lacks ventilation,
illumination, sanitary or heating facilities or other essential equipment
required by this code, or because its location constitutes a hazard
to its occupants or to the public.
108.1.4 Unlawful structure. An unlawful structure
is one found in whole or in part to be occupied by more persons than
permitted under this code or was erected, altered maintained or occupied
contrary to law.
108.2 Closing of vacant structures. If the structure
or part thereof is vacant and unfit for human habitation, occupancy
or use and is not in danger of structural collapse, the Code Official
may post a placard of condemnation on the premises and may order the
structure closed up so it will not be an attractive nuisance to youngsters.
Upon failure of the owner to close up the premises within the time
specified in the order, the Code Official shall cause it to be closed
through any available public agency or by contract or arrangement
by private persons and the cost thereof shall be charged against the
real estate upon which the structure is located and shall be a lien
upon such real estate.
108.3 Notice. The Code Official shall give written
notice of condemnation to the owner and to the occupants, if any,
which notice shall include a copy of the previous notice pursuant
to § ES-106.2 and an order to vacate the property or to cease use of
equipment. Non-owner-occupants who are not responsible for compliance
with the initial notice pursuant to § ES-106.2 shall be given a reasonable time to vacate the premises.
Owners or persons responsible for compliance must vacate at the time
of receipt of the notice hereunder. Service of the notice of condemnation
shall be in the manner provided in Section 107.3.
108.4 Placarding. Contemporaneously with the service
of the condemnation notice, the Code Official shall post on the premises
or structure or parts thereof or on defective equipment, a placard
stating the words: "Condemnation as unfit for human occupancy or use,"
and a statement of penalties provided for any occupancy or use or
for removing the placard. Occupants shall vacate as hereinbefore provided
in Section 107.2.
108.4.1 Removal of placard. The Code Official shall
remove the condemnation placard whenever the defect or defects upon
which the condemnation and placarding action were based have been
eliminated. Any person who defaces or removes a condemnation placard
without the approval of the Code Official shall be subject to the
penalties provided by this code.
108.5 Prohibited use. Any person who shall occupy
a placarded premises or structure or part thereof, or shall use placarded
equipment, and any owner or any person responsible for the premises
who shall let anyone occupy a placarded premises, shall be liable
for the penalties provided by this code.
109, Emergency measures, is amended as follows:
Whenever a Code Official finds that an emergency exists on
any premises, or in any structure or part thereof, or on any defective
equipment which requires immediate action to protect the public's
health and safety or that of the occupants thereof, the Code Official
shall, with proper notice and service in accordance with the provisions
of Section 107.1, issue an order reciting the existence of such an
emergency and requiring the vacating of the premises or requiring
such action be taken as the Code Official deems necessary to meet
such emergency. Notwithstanding other provisions of this code, such
order shall be effective immediately and the premises or equipment
involved shall be placarded immediately upon service of the order.
Any person to whom such order is directed shall comply therewith.
They may thereafter, upon petition directed to the appeals board,
be afforded a hearing as prescribed in this code. Depending upon the
findings of the board at such hearing as to whether the provisions
of this code have been complied with, the board shall continue such
order or modify or revoke it.
110, Demolition, is amended as follows:
When a person with responsibility to do so fails to obey a
final order requiring activity to come into compliance with this chapter,
the Code Enforcement Officer will order the owner (or other persons
having responsibility for the property/structure) of the premises
to raze and remove such structure or part thereof which, in the reasonable
judgment of the Code Enforcement Officer, is so old, dilapidated,
damaged, decayed, structurally unsafe or of such faulty construction
or unstable foundation, unsanitary or otherwise unfit for human habitation,
occupancy or use, that it is unreasonable to expect, under all of
the relevant circumstances, that a timely and effective remediation
of the problems could occur other than by razing and removing the
structure, or the relevant part thereof. If the structure, or the
part of the structure which is the source of the problems, can reasonably
and cost effectively be made safe by repairs, the Code Enforcement
Officer may order the owner or other responsible person to select
between the repair option, converting the dwelling or structure into
a safe and sanitary one or the raze and remove option. In such an
event, the Code Enforcement Officer will indicate to the owner or
other responsible person that a failure to select the repair option
or a failure to timely implement the repair option, will be deemed
selection of the raze and remove option. An owner or other responsible
person who has selected, under the circumstances, the repair option
will be given a reasonable period of time to start and complete the
process of repairing the dwelling or structure and making it safe
and sanitary and in compliance with this Act. In no case will such
a period extend longer than two years. Depending upon the circumstances
of a particular situation, the reasonable period for completing the
repairs may be of much shorter duration than two years.
110.2 Unreasonable repairs.
Whenever the Code Enforcement Officer determines that the cost
of repairs and removal would exceed 100% of the current value of the
dwelling or structure, such repairs shall be presumed unreasonable
and the owner or other responsible person shall be ordered to raze
and remove the structure. An owner or other responsible person can
avoid this result, under the circumstances where the costs of repairs
and removal would exceed 100% of the current value of the dwelling
or structure only be presenting a concrete plan for the rapid conversion
of the dwelling or structure into one which meets the requirements
of this chapter and by further demonstrating the financial wherewithal
and commitment to make such repairs.
The order shall specify a time in which the owner shall comply
therewith by demolition or repairs as specified in the notice under
Section 107.3. It shall be served on the owner of record, or an agent
where an agent is in charge of the building, and upon the holder of
any encumbrance of record in the manner provided for service of a
summons by a court of record. If the owner or a holder of any encumbrance
of record cannot be found, the order shall be served by posting it
on the main entrance of the building and by publishing it once each
week for three successive weeks in a newspaper authorized to provide
service by publication.
110.4 Restraining actions.
Any affected by a Section 110.3 order may, within 30 days after
service of such order, apply to the Clinton County Court of Common
Pleas for an order restraining the Code Enforcement Officer from razing
and removing such structure or parts thereof. The Court shall determine
whether the order of the Code Official is reasonable and, if found
reasonable, shall issue an order reflecting that determination and,
if found not reasonable, shall issue an order reflecting that determination.
110.5 Failure to comply.
Whenever the owner of a property fails to comply with a demolition
order within the time prescribed, the Code Official shall cause the
structure or part thereof to be razed and removed, either through
an available public agency or by contract or arrangement with private
persons, and the cost of such razing and removal, including but not
limited to attorney's fees, engineering fees, and other professional
fees incurred by the City in connection therewith as well as the costs
of preparing and filing any lien, including attorney's fees, shall
be charged against the real estate upon which the structure is located
and shall be a lien upon such real estate.
[Amended 5-7-2018 by Ord.
110.6 Salvage materials.
When any structure has been ordered razed and removed, the
governing body or other designated officer under said contract or
arrangement aforesaid, may sell the salvage and valuable materials
at the highest price obtainable. The net proceeds of such sale, after
deducting the expenses of such razing and removal, shall be promptly
remitted with a report of such sale or transaction, including the
items of expense and the amounts deducted, for the use of the persons
who may be entitled thereto, subject to any order of a court. If such
a surplus does not remain to be turned over, the report shall so state.
111 is amended as follows:
111.0. Registration of rental units.
No person shall rent to another for occupancy any structure
or part thereof governed by this code unless he holds a current, unrevoked
registration certificate issued by the Code Enforcement Officer in
his name for the specific identified structure. Every registration
certificate shall be valid for a period of five years from its date
of issuance unless sooner revoked and may be renewed for successive
periods of five years.
No registration certificate shall be issued or renewed unless
the applicant owner has first made application therefor on an application
form provided by the Code Enforcement Officer. The Code Enforcement
officer shall develop such forms and make them available to the public.
The fee for each registration certificate or renewal thereof shall
be $5 per structure. This fee has been calculated to be less than
the actual cost of administration processing, registration certificates
or of renewal of a registration certificate. No prior inspections
shall be required.
111.3 Transferability of registration certificate.
No registration certificate shall be transferable to another
person or to another structure or dwelling unit. Any person holding
a registration certificate shall give notice, in writing, to the Code
Enforcement Officer within seven days after having transferred or
otherwise disposed of the legal ownership or control of any registered
structure. Such notice shall include the name and address of the person
or persons succeeding to the ownership or control of such structure.
111.4 Existing units.
This section shall immediately become applicable to any currently
existing structure or part thereof being rented to another for occupancy.
The owner of any such structure currently being rented to another
for occupancy shall have a period of 60 days from the effective date
of this chapter to apply for the registration certificate required
by this section.
111.5 Public housing.
Nothing in this section shall be applicable to or require the
registration of any housing unit, the conditions of occupancy of which
is regulated by a governmental agency or the Clinton County Housing
111.6 Transient housing.
Nothing in this section shall be applicable to or require the
registration of any structure designated for transient housing use
(i.e., hotel, motel).
111.7 Revocation of registration certificate.
Whenever, in the exercise of his duties, the Code Enforcement
Officer finds that conditions or practices exist which are in violation
of the provisions of Section 111.0, he shall serve the owner with
notice of such violations stating that unless the violations cited
are corrected within a reasonable time, the registration certificate
will be suspended. At the expiration of the time allowed for correction
of any violation cited, the Code Enforcement Officer shall, with the
voluntary consent of the owner or pursuant to a warrant issued upon
probable cause by a Magisterial District Judge after notice and opportunity
for a hearing, inspect the structure and, if he determines that such
conditions have not been corrected, he shall issue an order revoking
the registration certificate.
Any person who shall be refused a registration certificate
or whose registration certificate has been revoked shall be entitled
to a hearing pursuant to the procedures established in Section 112.1
of this code.
Section 112.0 shall be added to read as follows:
112.0 Right to Appeal.
112.1 Appeals. With the execution of an order issued
pursuant to Section 110.3, any person affected by any notice which
has been issued in connection with the enforcement of any provision
of this code or of any rule or regulation adopted pursuant thereto
shall have a right of appeal to the Code Enforcement Board of Appeals
and Review. A petition requesting a hearing and containing a statement
of the grounds therefore shall be filed in the Code Office within
30 days after the day the notice was served in accordance with Section 107.3.
Section 202, General Definitions, is amended as follows:
definition of "family" is added to read as follows:
FAMILY. An individual or married couple and the
children thereof with not more than two other persons related directly
to the individual or married couple by blood or marriage, or a group
of not more than four unrelated (excluding servants) persons, living
together as a single housekeeping unit in a dwelling unit.
definition of "rooming house" is amended to read as follows:
ROOMING HOUSE/BOARDINGHOUSE. A building arranged
or used for lodging, with or without meals, for compensation, by more
than four individuals.
Section 302.3, Sidewalks and driveways, is amended to read as follows:
[Added 1-7-2013 by Ord.
302.3 Sidewalks and driveways. All sidewalks, walkways,
stairs, driveways, parking spaces and similar areas shall be kept
in a proper state of repair and maintained free from hazardous conditions.
Sidewalks within the public right-of-way and any sidewalks accessible
for free use by the public shall be repaired or replaced if they meet
any of the sidewalk repair deficiency criteria adopted under the City's
Sidewalk Replacement Program guidelines.
Section 302.4, Weeds, is amended by inserting "eight inches" as the
maximum height for weeds or plant growth.
Section 304.7, Roofs and drainage, is amended by changing the last
sentence to read as follows: "Roof water shall not be discharged in
a manner that creates a nuisance to owners or occupants of adjacent
property or creates a public nuisance."
Section 304.14, Insect screens, is amended by inserting the dates
"May 1 to October 1."
Section 404.3, Minimum ceiling heights, is amended by deleting the
word "laundry" from Exception No. 2 and adding the following sentence:
"Laundry areas are exempt from ceiling height requirements in basements."
Section 404.3 is further amended by adding a fourth exception to read
Dwellings that were originally constructed with ceiling heights
in areas intended for use as living or habitable space are exempt
from the ceiling height requirements of this code.
Section 404.4.2, Access from bedrooms, is amended to read as follows:
404.4.2 Access from bedrooms. Bedrooms that constitute
the only means of access to other bedrooms or habitable space shall
not be equipped with any type of locking device on the entry side
of the door used for separation.
Section 404.4.3, Water closet accessibility, is amended to read as
404.4.3 Water closet accessibility. Every bedroom
in a dwelling unit shall have access to at least one water closet
and lavatory located in the same story as the bedroom or an adjacent
Section 504.3, Plumbing system hazards, is amended to read as follows:
[Added 1-7-2013 by Ord.
504.3 Plumbing system hazards. Where it is found
that a plumbing system in a structure constitutes a hazard to the
occupants or the structure by reason of inadequate venting, cross-connection,
backsiphonage, improper installation, deterioration or damage or for
similar reasons, the Code Official shall require the defects to be
corrected to eliminate the hazard. The water service line serving
each property shall contain a main shutoff valve on the line immediately
inside the building ahead of the water meter and shall contain a double-check
valve on the line at the outlet side of the meter.
Section 507, Storm Drainage, is amended to add Section 507.2, Infiltration,
to read as follows:
507.2 Infiltration. The discharge of stormwater
runoff to sanitary sewers is prohibited. No person connected to a
sanitary sewer shall connect any roof drain or foundation drain or
permit any such drains to remain connected thereto, nor allow or cause
to enter into any sanitary sewer any springwater or surface water
from any source.
Section 602.3, Heat supply, is amended by inserting the dates "September
15 to May 15."
Section 602.4, Occupiable work spaces, is amended by inserting the
dates "September 15 to May 15."
Section 605.2, Receptacles, is amended by having the last sentence
read as follows: "All bathroom receptacle outlets shall have ground
fault circuit interrupter protection."