[HISTORY: Adopted by the Borough Council of the Borough of
Lansdowne 9-15-2005 by Ord. No. 1207[1]. Amendments noted where applicable.]
GENERAL REFERENCES
Vacant Property Review Committee — See Ch. 98.
Building construction — See Ch. 146.
Disorderly properties — See Ch. 168.
Littering and dumping — See Ch. 216.
Solid waste — See Ch. 280.
Abandoned vehicles — See Ch. 310.
[1]
Editor's Note: This ordinance also repealed former Ch. 255,
Property Maintenance Code, adopted 12-16-1992 by Ord. No. 1116.
A certain document, being marked and designated as the "2005
Borough of Lansdowne Property Maintenance Code," is hereby adopted
as the Property Maintenance Code of the Borough of Lansdowne for the
control of buildings and structures as herein provided; and all of
the regulations, provisions, penalties, conditions and terms of said
2005 Borough of Lansdowne Property Maintenance Code are hereby referred
to, adopted and made a part hereof as if fully set out in this chapter.
[Added 2-15-2005 by Ord. No. 1210]
A.
Amendment to Chapter 4 of the 2005 Borough of Lansdowne Property
Maintenance Code. A new Section 417 shall be added to Chapter 4, Life
Safety, which shall read as follows:
|
417.1 Facilities required. Heating facilities shall be provided
in structures as required by this section.
| |||
|
417.2 Residential occupancies. Dwellings shall be provided with
heating facilities capable of maintaining a room temperature of 65°
F. (18° C.) in all habitable rooms, bathrooms and toilet rooms
based on the winter outdoor design temperature for the locality indicated
in Appendix D of the International Plumbing Code. Cooking appliances
shall not be used to provide space heating to meet the requirements
of this section.
| |||
|
417.3 Heat supply. Every owner and operator of any building
who rents, leases or lets one or more dwelling unit, rooming unit,
dormitory or guest room on terms, either expressed or implied, to
any person, shall supply heat during the period from November 1 to
April 1 to the occupants thereof in a manner sufficient to maintain
a temperature of not less than 65° F. (18° C.) in all habitable
rooms, bathrooms, and toilet rooms.
| |||
|
Exception: When the outdoor temperature is below the winter
outdoor design temperature for the locality, maintenance of the minimum
room temperature shall not be required, provided that the heating
system is operating at its full design capacity. The winter outdoor
design temperature for the locality shall be as indicated in Appendix
D of the International Plumbing Code.
| |||
|
417.4 Occupiable work spaces. Indoor occupiable work spaces
shall be supplied with heat during the period from November 1 to April
1 to maintain a temperature of not less than 65° F. (18° C.)
during the period the spaces are occupied.
| |||
|
Exceptions:
| |||
|
1.
|
Processing, storage and operation areas that require cooling
or special temperature conditions.
| ||
|
2.
|
Areas in which persons are primarily engaged in vigorous physical
activities.
| ||
|
417.5 Room temperature measurement. The required room temperatures
shall be measured three feet (914 mm) above the floor near the center
of the room and two feet (610 mm) inward from the center of each exterior
wall.
| |||
B.
Amendment to Chapter 1 of the 2005 Borough of Lansdowne Property Maintenance Code. Sections 104 through 107 of Chapter 1, Administration, shall be amended to read as follows:
[Amended 12-19-2018 by Ord. No. 1321; 9-7-2021 by Ord. No. 2021-03]
|
CHAPTER 1
|
|
ADMINISTRATION
|
|
Section 104
|
|
Violations
|
|
104.1 Unlawful acts. It shall be unlawful for a person, firm
or corporation to be in conflict with or in violation of any of the
provisions of this Code.
|
|
104.2 Enforcement action for violations. Any violation of the
provisions of this Code may be cause for a citation, a violation ticket
and/or a notice of violation to be issued to the violator. The Code
Officer shall have authority to decide whether to issue a ticket pursuant
to Section 104.3 below or a notice of violation and/or citation pursuant
to Section 104.4 below.
|
|
104.3 Violation Ticket. A notice of violation or violation ticket
shall be served upon a violator by handing it to the violator, by
handing it at the residence of the person to be served to an adult
member of the household or other person in charge of the residence,
by leaving or affixing the notice or violation ticket to the property
where the violation exists, by handing it at any office or usual place
of business of the violator, to his/her agent or to the person for
the time being in charge thereof, by emailing the notice or violation
ticket to the email address of the person to be served or by mailing
the notice or ticket to the violator's address of record.
|
|
104.3.1 Contents of violation ticket. The violation ticket shall
be in accordance with the following:
|
|
1. Be in writing.
|
|
2. Include a description of the real estate sufficient
for identification
|
|
3. Include a statement of the violation or violations
and why the notice is being issued.
|
|
4. Include a penalty amount as determined pursuant
to Section 104.4.1 below.
|
|
5. Include a statement that the violation ticket
shall be paid within 30 days of the date printed on the violation
ticket.
|
|
104.3.2 Issuance of citation upon nonpayment. If the person
on whom the violation ticket has been served shall not pay the ticket
within such thirty-day period, the Code Officer shall issue a citation
to such person, and commence the scheduling of a hearing on the violation
before the Magisterial District Justice.
|
|
104.4 Notice of violation and opportunity to comply. If the
Code Officer determines that a responsible person should be provided
with an opportunity to cure a violation, the Code Officer shall provide
a notice of violation or order to the person responsible for the violation
in accordance with Section 105.
|
|
104.4.1 Time for compliance. Unless specified elsewhere, all
violations shall be corrected in a time period as prescribed by the
Code Officer but in no case shall such time for compliance exceed
90 days, unless approved by the Director of Code Enforcement Any person
affected may appeal such decisions in accordance to Section 112.
|
|
Exception: Repairs impacted by weather. The Borough recognizes
the period from November 1 until April 1 of the following calendar
year as the period in which exterior projects relative to painting,
excavations and structural repairs to walls roofs, concrete, and masonry,
may be subject to adverse weather conditions. Any person under orders
to make repairs, may request an extension of time from the code officer
in which to complete such repairs on the basis of adverse weather
conditions. Such request shall be in writing. Eligible repairs for
such extensions shall be restricted to exterior projects only. No
extensions of time shall be granted for any violations that render
the property unsafe as described in Section 108 unless the Director
of Code Enforcement is satisfied that special provisions have been
made to minimize the dangers.
|
|
104.5 Prosecution of violation. Any person failing to comply
with a notice of violation or order served in accordance with Section
105 shall be deemed guilty of a summary offence, and the violation
shall be deemed a strict liability offense. If the notice of violation
is not complied with or a violation ticket is not paid within the
time required by Section 104.3.2, the Code Officer shall institute
the appropriate proceeding at law or in equity to restrain, correct
or abate such violation, or to require the removal or termination
of the unlawful occupancy of the structure in violation of the provisions
of this code or of the order or direction made pursuant thereto.
|
|
104.6 Violation penalties.
|
|
104.6.1 Violation ticket penalties. The Borough Council shall
establish monetary fines for violations of certain provisions of this
Code by resolution from time to time. Any violation ticket shall set
forth the then current amount of the fine for the violation described
on the violation ticket. In no event shall fines exceed $1,000. If
a violation ticket is not paid within the time required by Section
104.3.1 above, the penalty may be increased in accordance with Section
104.6.2.
|
|
104.6.2 Penalties upon citation. Any person who fails to comply
with any of the provision of this Property Maintenance and Minimum
Housing Code, or any provision of any rule or regulation adopted by
the Council or the Code Enforcement Officer pursuant to authority
granted by this code, or fails to correct, within the time set by
the Code Enforcement Officer, the defects for which a property has
been cited, shall be fined not less than $100 nor more than $1,000
or imprisoned not more than 30 days in the County Jail, or both such
fine and imprisonment. A separate offense shall be deemed committed
each day during or on which a violation or noncompliance occurs or
continues.
|
|
104.7 Abatement of violation. The imposition of the penalties
herein prescribed shall not preclude the Borough from instituting
appropriate action to restrain, correct or abate a violation, or to
prevent illegal occupancy of a building, structure or premises, or
to stop an illegal act, conduct, business or utilization of the building,
structure or premises.
|
|
104.8 Liens for Charges. Any cost associated with any action
taken by the Borough on such premises to correct or abate any violations
of this Code or to secure the premises shall be charged against the
real estate upon which the structure is located. Such cost shall include
all associated Borough employee, engineering and contracted services
costs plus an administrative handling charge. Failure of the owner
to pay such cost shall result in a lien upon such real estate, which
shall include all associated attorney filing fees.
|
|
Section 105
|
|
Notices and Orders
|
|
105.1 Notice to owner or to person or persons responsible. Whenever
the Code Officer determines that there has been a violation of this
code or has grounds to believe that a violation has occurred or a
violation ticket has not been paid within the time required by Section
104.3.1 above, notice shall be given in the manner prescribed in Sections
105.2 and 105.3 to the person responsible for the violation as specified
in this code. Notices for condemnation procedures shall also comply
with Section 401.3.
|
|
105.2 Form. Such notice prescribed in Section 105.1 shall be
in accordance with all of the following:
|
|
1. Be in writing.
|
|
2. Include a description of the real estate sufficient
for identification
|
|
3. Include a statement of the violation or violations
and why the notice is being issued.
|
|
4. Include a correction order allowing a reasonable
time to make the repairs and improvements required to bring the dwelling
unit or structure into compliance with the provisions of this code.
|
|
5. Inform the property owner of the right to appeal
and the process of appeal.
|
|
6. Include a statement of the Borough's right to
file a lien in accordance with Section 104.3.
|
|
105.3 Method of service. Such notice shall be deemed to be properly
served if a copy thereof is:
|
|
1. Delivered personally; or
|
|
2. Sent by certified or first-class mail addressed
to the last known address; or
|
|
3. If the notice is returned showing that the letter
was not delivered, a copy thereof shall be posted in a conspicuous
place in or about the structure affected by such notice.
|
|
105.4. Penalties. Penalties for noncompliance with
orders and notices shall be as set forth in Section 106.4.
|
|
Section 106
|
|
Cease and Desist
|
|
106.1 Stop work and cease and desist orders. When, in the opinion
of the Code Officer, there is an unlawful activity being conducted
at a property, or work associated with the abatement of a violation
is not being performed properly; or there exists an activity or condition
that is detrimental to the peace and good order of the community,
or is causing a public nuisance, and the continuation of such activities
or conditions will only further exacerbate the situation; or when
there is a failure of the property owner to obtain a permit to perform
work, then the Code Officer may issue a "stop work" or "cease and
desist" order on those persons responsible for such activities or
conditions.
|
|
106.2 Failure to comply. Such order shall be considered proper
notice of violation of this Code. If the persons responsible for such
activities or conditions fail to obey such orders, than those persons
responsible shall be subject to the violations and penalties as outlined
in Section 106.4.
|
|
106.2.1 Separate Violations. Failure to comply with a "stop
work" and/or "cease and desist" order, shall be considered a separate
violation, where such activities or conditions do not require prior
notice as spelled out in this Code
|
|
Section 107
|
|
Means of Appeal
|
|
107.1 Application for appeal. Any person directly affected by
a decision of the Code Officer or a violation ticket or notice or
order issued under this Code shall have the right to appeal to the
Board of Appeals, provided that a written application for appeal is
filed within 20 days after the day the decision, notice or order was
served and all fees associated with such appeals are submitted in
accordance to the Borough's fee schedule. An application for appeal
shall be addressed to the chairperson of the Borough's Appeals Board
and shall be limited to claims that the true intent of this Code or
the rules legally adopted there under have been incorrectly interpreted,
the provisions of this Code do not fully apply, or the requirements
of this Code are adequately satisfied by other means.
|
|
107.2 Membership of the Appeals Board. The Appeals Board shall
consist of members of the Borough of Lansdowne UCC Appeals Board.
The Code Office shall be an ex-officio member but shall have no vote
on any matter before the committee.
|
|
107.2.1 Chairperson. The Appeals Board shall annually select
one of its members to serve as Chairperson.
|
|
107.2.2 Disqualification of member. A member shall not hear
an appeal in which that member has a personal, professional or financial
interest.
|
|
107.2.3 Secretary. The Appeals Board shall annually appoint
an individual to serve as secretary to the Appeals Board. The secretary
shall file a detailed record of all proceedings in the office of the
Borough Manager.
|
|
107.2.4 Compensation of members. Compensation of members shall
be at the discretion of Borough Council and as determined by law.
|
|
107.3 Notice of meeting. The Appeals Board shall meet upon notice
from the Chairperson, within 30 days of the filing of an appeal, or
at stated periodic meetings.
|
|
107.4 Open hearing. All hearings before the Appeals Board shall
be open to the public. The appellant, the appellant's representative,
the Code Officer and any person whose interests are affected shall
be given an opportunity to be heard. A quorum shall consist of not
less than 2/3 of the Appeals Board membership.
|
|
107.4.1 Hearing Procedures. The Appeals Board shall adopt and
make available to the public through the secretary procedures under
which a hearing will be conducted. The procedures shall not require
compliance with strict rules of evidence, but shall mandate that only
relevant information be received.
|
|
107.5 Postponed hearing. When the full Appeals Board is not
present to hear an appeal, either the appellant or the appellant's
representative shall have the right to request a postponement of the
hearing.
|
|
107.6 Appeals Board decision. The Appeals Board shall consider
all facts relevant to the appeal. The committee may modify or reverse
the decision of the Code Officer only by a concurring vote of a majority
of the total number of appointed Appeals Board members present, but
in no case shall the decision deviate from the spirit and intent of
the code.
|
|
107.6.1. Records and copies. The decision of the Appeals Board
shall be recorded. Copies shall be furnished to the appellant and
to the Code Officer.
|
|
107.6.2. Administration. The Code Officer shall take immediate
action in accordance with the decision of the Appeals Board.
|
|
107.7 Court review. Any person, whether or not a previous party
of the appeal, shall have the right to apply to the appropriate court
for a writ of certiorari to correct errors of law. Application for
review shall be made in the manner and time required by law following
the filing of the decision in the office of the chief administrative
officer.
|
|
107.8 Stays of enforcement. Appeals of notice and orders (other
than imminent danger notices) shall stay the enforcement of the notice
and order until the appeal is heard by the Appeals Board.
|
