[HISTORY: Adopted by the City Council of the City of Lock
Haven as indicated in article histories. Amendments noted where applicable.]
[Adopted 1-21-1993 by Ord. No. 442B (Ch. 11, Part 1, of the 2003 Code
of Ordinances)]
[Amended 4-20-1998 by Ord. No. 541B]
As used in this article, the following terms shall have the
meaning indicated, unless a different meaning clearly appears from
the context:
The City of Lock Haven, Clinton County, Pennsylvania.
The code setting forth maintenance standards for existing
structures.
International Code Council, Inc.
[Amended 12-12-2005 by Ord. No. 757]
The official who is charged with the administration of this
article, or any duly authorized representative of said official.
The legal or beneficial holder of title to a premises. The
parent or child of the legal or beneficial holder of title of a single-family
residence residing in said single-family residence shall be considered
an "owner."
Any structurally enclosed area, including or intended to
include sleeping facilities.
For the administration of this article, an inspection compliance
official shall be appointed by City Council. The inspection compliance
official shall administer this article in accordance with its terms.
The inspection compliance official shall be responsible for instituting
enforcement proceedings on behalf of the City.
No residential unit shall be occupied by other than the owner
thereof unless there is displayed at the structure in which the unit
is located a certificate of inspection as required by the provisions
of this article.
[Amended 8-25-1996 by Ord. No. 509B]
Residential units occupied or to be occupied by other than the
owner thereof shall be subject to inspection in accordance with the
provisions of this article:
A.
Purpose. Inspections required by this article shall be for the purpose
of determining compliance with the provisions of the code as in effect
in the City on the date of inspection.
B.
Permitted inspectors. Inspections required by this article shall
be conducted only by individuals or agencies certified as an inspector
by ICC, as to the type of premises to be inspected to include individuals
that are only certified as to the current International Property Maintenance
Code who have at least three years of field experience performing
property maintenance inspections. No employee of the City shall be
permitted to conduct such inspections. Any individual or agency desiring
to conduct inspections required by this article shall provide proof
of current certification to the City.
[Amended 12-12-2005 by Ord. No. 757]
C.
Timing of inspections.
(1)
As for any residential unit unoccupied or occupied by the owner on or after the effective date hereof, a certificate of inspection shall be issued and displayed prior to occupancy of such residential unit by anyone other than the owner and subsequent inspections shall occur as set forth in Subsection C(2).
(2)
As for any residential unit occupied by other than the owner as of
the effective date hereof and for all subsequent inspections, inspections
required by this article shall be completed and the certificate of
inspection issued and displayed not later than December 31 of the
year for which inspection is required. In no event shall such an inspection
be conducted prior to January 1 of the year for which inspection is
required. The City shall be divided into districts as follows:
(3)
Residential units subject to the inspection requirements of this
article and located in District I shall be inspected during the calendar
year in which this article shall become effective and every fifth
year thereafter. Residential units subject to the inspection requirements
of this article and located in District II shall be inspected during
the first calendar year subsequent to the year in which this article
becomes effective and every fifth year thereafter. Residential units
subject to the inspection requirements of this article and located
in District III shall be inspected during the second calendar year
subsequent to the year which this article becomes effective and every
fifth year thereafter. Residential units subject to the inspection
requirements of this article and located in District IV shall be inspected
during the third calendar year subsequent to the year in which this
article becomes effective and every fifth year thereafter. Residential
units subject to the inspection requirements of this article and located
in District V shall be inspected during the fourth calendar year subsequent
to the year in which this article becomes effective and every fifth
year thereafter.
D.
Exceptions.
(1)
Any residential unit occupied or to be occupied by other than the owner thereof shall be excepted from the inspection requirements of this article upon proof submitted to the inspection compliance official that such unit is subject to a requirement by other governmental agency of safety inspection similar to inspection under Subsection A, above, at least once every five years and in compliance with such inspection requirements.
(2)
No residential unit which would otherwise be subject the inspection
requirements of this article shall be required to be inspected within
the five calendar years subsequent to the year in which any certificate
of occupancy required before occupancy of new construction is issued.
(3)
When a certificate of inspection has been issued prior to a residential
unit being occupied by other than the owner, said residential unit
shall not be subject to reinspection under the terms of this article
prior to the first applicable calendar year occurring after the calendar
year subsequent to issuance of the initial certificate of inspection.
A.
General provision. Upon submission of proof that an inspection required
by this article has been completed and that there were no violations
found of the code as in effect on the date of inspection, or that
any such violations have been corrected in accordance with said code,
the inspection compliance officer shall issue a certificate of inspection
for the structure with each residential unit therein which was inspected
listed upon said certificate. The certificate of inspection shall
be displayed in plain view within the unit or structure.
B.
Form of proof of inspection. Proof of inspection and absence of any
violations of the code shall be in such form as approved, from time
to time, by the inspection compliance official.
C.
Time of issuance of certificate of compliance. The inspection compliance
official shall either issue the certificate of compliance or a written
rejection with the reasons for rejection specified within 14 days
of submission of the required form.
A.
Newspaper advertisement. The inspection compliance official shall
each year cause notice to be published two times in newspaper of general
circulation within the City. The first notice shall be published during
January of each calendar year and the second notice shall be published
during October of each calendar year. The notice shall set forth the
district for which inspection of residential units occupied by other
than the owner is required during the year of publication, that inspection
may be required before a residential unit is occupied by other than
the owner, and where a copy of this article may be obtained.
B.
Deeds and agreements of sale. Every deed and agreement of sale executed
and delivered on or after the effective date of this article with
respect to any premises within the City which includes one or more
residential units shall include therein a notice substantially in
the form which follows:
(1)
"Residential units within the City of Lock Haven which are occupied
other than by the owner thereof are subject to the inspection requirements
of Ordinance No. 442B."
The owner of any residential unit which is subject to the inspection
requirements of this article shall be responsible for compliance with
the provisions of this article.
[Amended 2-24-2003 by Ord. No. 670]
The owner of any residential unit who has violated or permitted
the violation of this article shall, upon conviction thereof, be sentenced
to pay 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 violation of this article and each day the same is continued
shall be deemed a separate offense.
[Amended 2-24-2003 by Ord. No. 670]
The fee schedule for issuance for certificates of inspection
shall be established from time to time by resolution of City Council.
[Amended 8-1-1994 by Ord.
No. 471B; 8-7-1995 by Ord. No. 492BA; 8-25-1996 by Ord. No. 509B]
This article shall become effective January 1, 1997.
