1448.01 HABITABLE ROOM REQUIREMENTS
(a) Compliance Required. No person shall occupy, or let to another for occupancy, any dwelling, dwelling unit, rooming house or rooming unit that does not comply with the applicable requirements of this section.
(b) Occupancy of Cellars. No cellar shall be occupied as a dwelling unit.
(c) Occupancy of Basements. No basement shall be occupied as a dwelling unit unless there is compliance with the following requirements:
(1) The basement floor shall have a concrete base and be provided with a surface which is easy to maintain in a clean and sanitary condition. The basement floors and walls shall be impervious to leakage of underground and surface run-off water and protected against dampness.
(2) Each room shall be adequately lighted and ventilated, and each dwelling unit shall have at least two safe and unobstructed means of egress, remote from each other, one of which leads directly to the outside of the building.
(3) The total window area, total openable window area and ceiling height shall be in accordance with this section.
(4) The required minimum window area of every habitable room is entirely above the grade of the ground adjoining such window area, not including stairwells, areaways or access ways.
(d) Ceiling Height. At least one-half of the floor area of every habitable room shall have a ceiling height of at least seven feet, and the floor area of that part of any room where the ceiling height is less than four feet, six inches shall not be considered as part of the floor area in computing the total floor area under subsection (e) hereof.
(e) Total Floor Area. Every dwelling unit in other than a one-family detached dwelling shall contain at least 150 square feet of floor area for the first occupant, at least 100 additional square feet of floor area for each of the next three occupants, at least seventy additional square feet of floor area for each of the next three occupants, and at least sixty square feet for each additional occupant. The floor area shall be calculated on the basis of total habitable room area.
(f) Sleeping Room Area.
(1) In every dwelling unit of two or more rooms, every room occupied for sleeping purposes by one occupant shall contain at least seventy square feet of floor space and every room occupied for sleeping purposes by more than one occupant shall contain at least fifty square feet of floor space for each occupant thereof.
(2) Every room occupied for sleeping purposes by one person shall contain at least seventy square feet of floor space and every room occupied for sleeping purposes by more than one person shall contain at least fifty square feet of floor space for each occupant therefor.
(g) Window Area and Openable Window Area
(1) Every habitable room shall have at least one window or skylight facing directly to the outdoors. The minimum total window area, measured between stops, for every habitable room shall be ten percent of the floor area of each room up to 100 square feet of floor area and shall be at least ten square feet for every habitable room with a floor area in excess of 100 square feet. Whenever walls or other portions of structures face a window, or any such light-obstruction structures are located less than three feet from the window and extend to a level above that of the ceiling of the room, such a window shall not be deemed to face directly to the outdoors and shall not be included as contributing to the required minimum total window area. Wherever the only window in a room is a skylight-type window, such skylight shall equal at least fifteen percent of the total floor area of such room or fifty percent more than a wall window.
(2) Required windows in habitable rooms, or other openings to outdoor space intended to be used for ventilation, must open easily to four percent of the floor area of each room up to 100 square feet of floor area and shall open to at least four square feet for every habitable room with a floor area in excess of 100 square feet, except that no open window area or other openings shall be required in adequately ventilated habitable rooms equipped with a ventilation system which is installed, maintained and operated in accordance with this Building and Housing Code. Forced air furnaces may not be construed as meaning “ventilation systems.”
(h) Access to Sleeping Rooms. No dwelling or dwelling unit shall have such room arrangements that access to a sleeping room can be had only by going through a bathroom or water closet room.
(i) Overcrowding. The occupancy of any dwelling unit shall not exceed an average of two persons per habitable room. For the purpose of this section, any child under one year of age shall not be counted, and any child more than one year old, but under twelve years of age, shall be deemed to be one-half person.
(j) Responsibilities of Owner and Occupants
(1) Every owner of a dwelling containing two or more dwelling units shall be responsible for maintaining in a clean and sanitary condition the shared or public areas of the dwelling and premises thereof.
(2) Every occupant of a dwelling or dwelling unit shall keep in a clean and sanitary condition that part of the dwelling, dwelling unit, premises and public area which he or she occupies or controls.
(3) No owner shall occupy or let to any other occupant any vacant dwelling unit unless it is clean, sanitary and fit for human occupancy.
(4) All hallways and rooms shall be kept clear so as to permit safe passage. Papers, newspapers, magazines, boxes and other similar materials or debris shall not be permitted to accumulate.
(5) The operator of every rooming house shall change supplied bed linen and towels therein at least once each week and prior to the letting of any room to any occupant. The operator shall be responsible for the maintenance of all supplied bedding in a clean and sanitary manner.
(6) The operator of every rooming house shall be responsible for the sanitary maintenance of all walls, floors and ceilings and for maintenance of a sanitary condition in every other part of the rooming house; and he or she shall be further responsible for the sanitary maintenance of the entire premises where the entire structure or building is leased or occupied by the operator.
1448.02 STRUCTURAL REQUIREMENTS
(a) Responsibility for Compliance. The responsibility for compliance with the applicable requirements of this section shall be upon the person who occupies as owner-occupant, or lets to another for occupancy, any dwelling, dwelling unit or rooming unit.
(b) Principal Members
(1) All members of the structure shall be kept in good repair and in safe condition. No structural member shall list, lean or buckle to such an extent that a plumb line passing through the center of gravity falls outside the middle third of its base.
(2) Every foundation, floor, wall, ceiling and roof shall be reasonably weathertight and watertight, shall be capable of affording privacy, and shall be kept in good repair. In row type homes, roofing, flashing and gutters shall be maintained so as to insure no moisture enters or adversely effects adjacent structures.
(c) Stairs and Porches. Every inside and outside stair, every porch and every other appurtenance to the structure shall be so constructed as to be safe for use, shall be kept in sound condition and good repair and shall have the carrying capacity required under the provisions of this Building and Housing Code. Any inside or outside stairway shall have at least one well secured handrail, which extends the full length of the stairway.
(d) Egress. Every dwelling unit and rooming unit shall have safe and unobstructed means of egress leading to a safe and open space at ground level as required by the laws of the Commonwealth and these Codified Ordinances.
(e) Exterior Walls. All exterior walls shall be free of holes, breaks, loose or rotting boards or materials and any condition which might admit rain or dampness to the interior.
(f) Windows and Doors. All windows and doors must be kept in sound condition and all glass must be intact and free of cracks.
(g) Gutters and Downspouts. Gutters and downspouts must be in place, properly installed. Runoff shall not be discharged into the sanitary sewer or in a manner which creates a public nuisance.
(h) Exterior Features. All canopies, awnings, porches, overhangs, cornices, wall facings, chimneys and all other exterior features shall be securely attached and kept in good repair and condition.
1448.03 SAFETY FROM FIRE
(a) Compliance Required. No person shall occupy as owner-occupant, or let to another for occupancy, any dwelling, dwelling unit, rooming house or rooming unit which does not comply with the applicable provisions of any and all statutes of the Commonwealth of Pennsylvania and the ordinances of the Township of Lawrence Park pertaining to safety from fire hazards.
(b) Location of a Dwelling Unit or Rooming Unit. No dwelling unit or rooming unit shall be located within a building containing any establishment handling, dispensing or storing flammable liquids in Classes I and II and Class III with flashpoints below 100 degrees Fahrenheit, unless a separate means of egress to the outside ground level is provided and maintained for any such dwelling unit or rooming unit.
(c) Means of Egress. Every dwelling unit and every rooming unit shall have a safe means of egress leading to safe and open space at ground level. There shall be at least two separate means of egress from each story above the first story where two or more dwelling units are located.
1448.04 UTILITIES AND FIXTURES
(a) Responsibility for Compliance. Except as provided in subsection (c) and (j) hereof, the responsibility for compliance with the applicable requirements of this section shall be upon the person who occupies as owner-occupant, or lets to another for occupancy, any dwelling, dwelling unit, rooming house or rooming unit.
(b) Electric Fixtures and Outlets
(1) Every habitable room in a dwelling shall contain at least two separate floor or wall-type electric convenience outlets, or one such convenience outlet and one supplied ceiling type electric light fixture; and every water closet compartment, bathroom, laundry room, furnace room and public hall shall contain at least one supplied ceiling or wall-type electric light fixture. Every such outlet and fixture shall be properly installed, shall be maintained in good and safe working condition and shall be properly connected to the source of electric power in a safe manner in accordance with the International Building Code, the latest edition.
(2) Every common hall and stairway in every rooming house and in every multiple-family dwelling shall be adequately lighted at all times. Adequate lighting for public halls and stairways shall be interpreted as a minimum intensity of not less than six foot candles at the floor or stair level.
(1) Every dwelling owner shall provide heating facilities which are properly installed and maintained in a safe and good working condition in accordance with this Building and Housing Code and the International Building Code, the latest edition. All heating facilities shall be capable of safely and adequately heating all habitable rooms, bathrooms and water closet compartments to a temperature of at least seventy degrees Fahrenheit at a distance three feet above floor level under ordinary minimum winter temperatures.
(2) The Code Enforcement Officer shall prohibit the storage, sale, installation, maintenance and/or use of any heating device which constitutes a danger to health or safety, including unvented space heaters burning solid, liquid or gaseous fuels, and portable heating equipment employing a flame and the use of gasoline or kerosene in dwellings, buildings or structures habitually used for human occupancy.
(d) Water Supply, Fixtures and Facilities
(1) Every dwelling shall be supplied with piped running water to provide an adequate, safe and sanitary water supply to every fixture connected with or designed to be connected with the water supply and sewage system.
(2) Every dwelling unit shall contain an installed kitchen sink properly connected to the water supply system and the sewage system.
(3) Every dwelling unit shall be provided with at least one flush water closet, one lavatory basin and one bathtub or shower unit attached to and forming part of such dwelling unit.
(4) Every dwelling unit in existence prior to July 8, 1969 shall be provided with at least one flush water closet, one lavatory basin and one bathtub or shower within the dwelling unit, except that the occupants of not more than two dwelling units may share a single water closet, a single lavatory basin and a single bathtub or shower within the dwelling unit if all of the following are true:
(A) Neither of the two dwelling units contain more than two rooms, provided that, for the purposes of this subsection, a kitchenette or an efficiency kitchen with not more than sixty square feet of floor area shall not be counted as a room;
(B) The habitable area of each of such dwelling units shall equal not more than 250 square feet of floor area; and
(C) Such water closet, lavatory basin and bathtub or shower shall be in a good working condition and properly connected to an approved sewer and approved water system.
All other dwelling units shall, within the dwelling, be provided with at least one flush water closet, one lavatory basin and one bathtub or shower within the dwelling unit.
Where any additional dwelling unit is created on or after July 8, 1969 in an existing structure, every dwelling unit within the structure shall be provided with at least one flush water closet, lavatory basin and one bathtub or shower within the dwelling unit.
(5) Every kitchen sink, lavatory and bathtub or shower required under the provisions of this Housing Code shall be properly connected with hot water lines.
(6) Every dwelling owner shall supply water-heating facilities which are properly installed, operated and maintained in a safe and good working condition, including a pressure relief valve, in accordance with this Building and Housing Code, and which are capable of heating water to such a temperature as to permit an adequate amount of water to be drawn at every required kitchen sink, lavatory basin, bathtub or shower at a temperature of not less than 120 degrees Fahrenheit. Such water-heating facilities shall be capable of meeting the requirements of this subsection when the dwelling or dwelling unit heating facilities required under the provisions of paragraph (c)(1) hereof are not in operation.
(e) Installation and Maintenance. Every gas pipe, garbage disposal unit, waste pipe, water closet, flush urinal, sink, installed dishwasher machine, catch basin, lavatory basin, bathtub, shower, installed clothes washing machine, drain vent, gas-burning fixture, any device connected with the water supply and drainage system, or any other similar fixture, together with all connections to water, sewer or gas lines, shall be cleanable and shall be installed and maintained in good, sanitary working condition, free from defects, leaks and obstructions, and in accordance with the laws of the Commonwealth, these Codified Ordinances and the rules and regulations of the Board of Health and International Building Code. Every kitchen sink, lavatory basin, water closet, flush urinal, bathtub or shower shall be connected to the water supply system and to a sewer system which is subject to the approval of the Code Enforcement Officer. Every kitchen sink, lavatory basin, bathtub or shower required by this section shall be supplied with piped running water.
(f) Water Closets, Lavatory Basins, Bathtubs and Showers in Rooming Houses. There shall be at least one flush water closet, one lavatory basin and one bathtub or shower within every rooming house for each six persons or fraction thereof, including members of the operator’s family whenever they share use of said facilities; except that in a rooming house where rooming units are let only to males, flush urinals may be substituted for not more than one-third of the required number of water closets. None of the facilities described in this section shall be located in a basement or cellar, except by written approval of the Code Enforcement Officer.
(g) Location and Arrangement of Bathrooms and Water Closet Rooms. All water closets, bathtubs and showers shall be located within the dwelling in rooms which afford privacy. Every room which contains a water closet shall have readily accessible lavatory facilities. No water closet may be located in a sleeping room.
(h) Access to Bathrooms and Water Closets
(1) In any dwelling in which water closet or lavatory basins, bathtubs or shower facilities are shared by the occupants of more than one rooming unit, such facilities shall be so located within the dwelling as to be accessible without going through another dwelling unit or rooming unit.
(2) Access to the main or required bathroom in dwelling or dwelling units with two or more sleeping rooms must not be through a sleeping room.
(i) Floors in Bathrooms and Water Closets
(1) Every bathroom, water closet room and shower room floor shall be so constructed and maintained as to be reasonably impervious to water and capable of being kept in a clean and sanitary condition at all times.
(2) Every bathroom and water closet compartment shall comply with the ventilation requirements for habitable rooms contained in Section 1448.01(g)(2).
(j) Occupant Responsibility. Every occupant of a dwelling unit shall keep all electric heating and water-supplied fixtures and all other facilities in a clean and sanitary condition.
1448.05 RODENT AND PEST CONTROL
(a) Protection against Rodents
(1) No person shall occupy as owner-occupant, or let to another for occupancy, any dwelling, dwelling unit, rooming house or rooming unit, unless every foundation, floor, wall, ceiling, roof, window, exterior door and basement hatchway is free from openings large enough to permit the entry of rodents.
(2) No person shall occupy as owner-occupant, or let to another for occupancy, any dwelling, dwelling unit, rooming house or rooming unit, unless every basement or cellar window used or intended to be used for ventilation and every other opening to a basement or cellar which may permit the entry of rodents shall be supplied with a protective device which will effectively prevent the entry of rodents.
(3) It shall be unlawful for the owner, manager or occupant of any premises within the Township to maintain said premises in a vermin- or rat-infested condition or to permit any such premises to become infested with rodents, pests or birds.
(b) Protection against Insects. No person shall maintain, or permit to be maintained, any receptacle or pool, whether natural or artificial, containing water in such condition that insects breeding therein may become a menace to the public health.
(c) Responsibility for General Measures. Every occupant of a dwelling containing a single dwelling unit shall be responsible for the extermination of any insects, rodents or other pests in the dwelling or on the premises. Every occupant of a dwelling unit in a dwelling containing more than one dwelling unit shall be responsible for extermination whenever his or her dwelling is the only one infested, except that where infestation is caused by failure of the owner to maintain the dwelling in a rodent-proof or reasonably insect-proof condition, extermination shall be the responsibility of the owner. Whenever infestation exists in two or more of the dwelling units in any dwelling or in the shared or public parts of any dwelling, extermination shall be the responsibility of the owner. Whenever infestation exists in any rooming house, extermination shall be the responsibility of the owner.
(a) Facilities Required. Every dwelling unit shall be supplied by the occupant with adequate refuse and garbage containers which must be solid, animal proof and with a lid, except in the case of multiple-family dwellings, motels, hotels and rooming houses, where the owner or operator shall be responsible for supplying such containers. The containers for storage of refuse or garbage and the disposal of the same shall be subject to the provisions of these Codified Ordinances on said subject.
(b) Responsibility for Proper Storage and Disposal. The occupant of every dwelling unit or rooming unit shall be responsible for the storage of garbage and rubbish in a solid animal proof container with a lid, in accordance with the provisions of this section, and in compliance with these Codified Ordinances. Except where otherwise provided in this section, the occupant of every dwelling unit where an incinerator is used shall be responsible for the clean sanitary disposal of any residue remaining after incineration. Where an incinerator is used in a multiple-family dwelling, motel or hotel for more than one dwelling unit, or in a rooming house, the owner or operator shall be responsible for the disposal of any residue remaining after incineration.
1448.07 INSTALLATION, OPERATION AND MAINTENANCE OF REQUIRED FACILITIES AND SERVICE
(a) Every facility, piece of equipment or utility which is required under this Housing Code, or any rule or regulation issued hereunder, shall be constructed or installed so that it will function safely and effectively and shall be maintained in satisfactory working condition by the person responsible under this Housing Code.
(b) No owner, operator, or occupant shall cause any service, facility, equipment or utility which is required under this Housing Code to be removed from, shut off from or discontinued for any occupied dwelling let or occupied by him or her, except for such temporary interruptions as may be necessary while actual repairs or alterations are in progress, or during temporary emergencies when discontinuance of service is approved by the Code Enforcement Officer.
(c) No storm or ground water may be discharged into the sanitary sewer. The Code Enforcement Officer and authorized Township personnel or designees may conduct periodic inspections to determine compliance with this subsection and the owner, operator or occupant shall give them free access for the purpose of such inspection.
1448.08 ROOMING HOUSE PERMITS
(a) No person shall operate a rooming house, or occupy or rent to another for occupancy any rooming unit in any rooming house, unless he or she holds a rooming house permit issued by the Code Enforcement Officer.
(b) From and after thirty days from such effective date, applications for permits shall be made by the operator to the Code Enforcement Officer on forms furnished by the Board of Health and/or Township. The application shall include:
(1) The name and address of the operator, and the name and address of the owner if the operator is not the owner.
(2) The location of the rooming house, including the street and number of each entrance.
(3) The number of rooming units occupied or available for occupancy and the number of persons who may be accommodated in accordance with the provisions of this Housing Code and with any rules and regulations issued hereunder.
(4) Such other information as the Code Enforcement Officer may by rule or regulation require.
(c) A permit shall be issued by the Code Enforcement Officer to the operator upon reasonable proof.
(1) That the rooming house complies with the applicable provisions of this Housing Code and with any rules and regulations issued hereunder.
(2) That an occupancy permit has been issued certifying that there has been compliance with the provisions of this Building and Housing Code and the Planning and Zoning Code.
(d) In the event a permit is denied, the Code Enforcement Officer shall issue prompt notice to the applicant in accordance with the provisions of Chapter 1444.
(e) Permit fees shall be as established by the Board of Commissioners from time to time by resolution. No reduction in the fee shall be made for fractional year permits. The permit shall expire at the end of the period for which it is issued and shall be renewed annually at the rate established.
(f) The permit shall be posted in a conspicuous public place in the rooming house.
(g) No transfer of a permit shall be made without the written approval of the Code Enforcement Officer.
(h) The new owner or operator shall notify the Code Enforcement Officer within ten days of any transfer of the dwelling to the new owner.
(i) The operator shall keep a list of occupants up to date at all times in a permanent bound volume.
1448.085 INSPECTION OF RENTAL PROPERTIES PRIOR TO OCCUPANCY; PERMITS; FEES
(a) Owner’s Duties. It shall be the duty of every owner to keep and maintain all rental units and premises in compliance with all applicable codes and provisions of all other applicable state laws and regulations and local ordinances, and to keep such property in good safe condition. This section shall not be construed as diminishing or relieving, in any way, the responsibility of the occupants or their guest for their conduct or activity, nor shall this section be construed so as to require the owner to indemnify or defend occupants or their guests when any such action or proceeding is brought against the occupant based on the occupant’s conduct or activity. The owner shall maintain the premises with regard to lawn mowing and snow and ice removal, if applicable, and shall reply promptly to reasonable complaints and inquiries from tenants. All rental units shall be equipped with not less than one operable smoke alarm on each floor of each residential unit.
(b) Tenant’s Duties. The tenant shall comply with all obligations imposed upon tenant by this code, all applicable codes and ordinances, and all applicable provision of state law.
(c) Health and Safety Regulations. The tenant shall dispose of from his or her rental unit, all rubbish, garbage, recycling and other waste in a clean and safe manner.
(d) Residential Use. The tenant shall occupy or use his or her rental unit as a residence in compliance with this title.
(e) Inspection of Premises. The tenant shall permit inspections by the Code Enforcement Officer of the premises at reasonable times upon reasonable notice. The Code Enforcement Officer may inspect premises with the owner’s approval at any reasonable time.
(f) Inspections by Code Enforcement Officer. Upon receiving notice from the Code Enforcement Officer, the owner shall take action within 48 hours, or cause the necessary action to be taken, to abate the offending condition and eliminate the violation.
(g) License Requirements. As a prerequisite to entering into a Rental Agreement or permitting the tenancy of any rental unit, the owner of every such rental unit shall be required to apply for and obtain a license for each rental unit on or before November 15, 2005, and annually thereafter. The application for the license shall be made in such form and manner, and in accordance with such instructions as may be determined by the Code Enforcement Officer, shall be signed by the owner and shall include the following information:
(1) The names and addresses of the owner and responsible local agent, if applicable;
(2) The address(es) and unit/room/apartment number(s) of the rental unit(s);
(3) A list of the names of all adult tenants or heads of family in each unit;
(4) The actual number of tenants and the maximum number of tenants permitted per unit;
(5) The number of smoke detectors per unit;
(6) Fire extinguisher availability;
(7) His/her signature attesting to the owner’s compliance with the specified ordinances, including that the tenants have received the Tenant Information Form.
(8) The information required by this subsection and the information required by Section 864.02 may be combined into one form, if the Township should determine such a procedure is appropriate.
EXCEPTION: A residence that is owner occupied and not more than two individuals not immediate members of the owner’s family share the residence, hotels and motels, hospitals and nursing homes, bed and breakfast facilities shall not require licenses and therefore shall not be subject to this provision of the code.
(h) Issuance of License, Annual Term, and Late Fee. Upon the receipt of a fully completed application, including the list of tenants’ names and the payment of the appropriate license fee, and provided the owner is not in any violation of this title or any other ordinance or code of the Township, the Code Enforcement Officer shall issue a license for the property. Each license shall have an annual term running from November 15th through November 14th of the next year. There shall be no prorating of yearly fees for any reason whatsoever. Applications received after a due date will be subject to a $10.00 per unit late fee.
(i) Grounds for Non-Renewal of a License. For violating any provision of this code and/or failing to regulate the breach of duties by tenants as provided herein, the Code Enforcement Officer may institute an action and impose penalties against any owner by means of a formal violation notice and/or by non-renewal of an owner’s license. The Township may permit the owner to maintain occupants in the premises until the end of the licensed term based on the recommendation of the Code Enforcement Officer. The Code Enforcement Officer will accept applications for renewal of a license, but will not approve or disapprove the same until all prior violations of this code have been corrected. Further grounds for non-renewal are: failure to abate a violation of the various codes and ordinances within the time directed by the Code Enforcement Officer; refusal to permit the inspection of the premises by the Code Enforcement Officer; failure to take steps to remedy violations of this ordinance by owners and/or occupants of rental units; and failure to file a completed application for a rental unit.
(j) Failure to File an Application for Rental License. In the event that an owner fails to file a completed application for a Rental License as required, the Code Enforcement Officer shall provide written notice to the owner to file an Application for a Rental License within ten calendar days of the date of the notice or license renewal may be denied after expiration of the current license and/or file charges against the owner as provided herein.
(k) Grounds for Violations and Penalties. It shall be unlawful for any person, as either owner or responsible local agent of a rental unit for which a license is required, to operate without a valid, current license issued by the Township authorizing such operation. It shall also be unlawful for any person, either owner or responsible local agent, to allow the number of occupants of a rental unit to exceed the maximum limit licensed by this code, or to violate any other provision of this code.
1448.09 DWELLINGS UNFIT FOR HUMAN HABITATION
(a) Definition. As used in this section, “dwelling unfit for human habitation” means any dwelling, as defined in Section 1440.05(d), which, by reason of serious deficiencies or inadequacy in plumbing, water supply, light, heat, ventilation, floor area, fire safety and rodent or pest control facilities, or by reason of damage, deterioration or disrepair to the building is unsanitary or unsafe and constitutes a hazard to the health, safety, morals or general welfare of the occupants of the dwelling or rooming house or to the public.
(b) Standards for Repair, Vacation or Demolition. The following standards shall be followed in substance by the Code Enforcement Officer and the Township Board of Commissioners, or their designated agents, in ordering repair, vacation or demolition:
(1) If the dwelling unfit for human habitation can reasonably be repaired so that it will no longer exist in violation of the terms of this Housing Code, it shall be ordered repaired.
(2) If the dwelling unfit for human habitation is in such condition as to make it dangerous to the health, morals, safety or general welfare of its occupants, it shall be ordered to be vacated.
(3) In any case where a dwelling unfit for human habitation is fifty percent damaged, decayed or deteriorated from its original structure, it shall be demolished, and in all cases where a building cannot be repaired so that it will no longer exist in violation of the terms of this Housing Code it shall be demolished. In all cases where a dwelling unfit for human habitation is a fire hazard existing or erected in violation of the terms of this Housing Code or these Codified Ordinances, or laws of the Commonwealth, it shall be demolished.
(4) All orders for repair, vacating or demolition shall be issued in accordance with the administrative procedure set forth in Chapter 1444, after due notice and opportunity for hearing.
(c) Violations as Nuisances. All dwellings unfit for human habitation within the provisions of this Housing Code are hereby declared to be public nuisances and shall be repaired, vacated or demolished as hereinbefore and hereinafter provided.
1448.10 STORAGE OR PARKING OF JUNK OR ABANDONED VEHICLES
(a) The Board of Commissioners finds that the storage and parking of wrecked, junked, stripped or abandoned motor vehicles on private property, which vehicles are in the nature of rubbish, junk or unsightly debris, constitute a nuisance and are detrimental to the public health, safety, morals and welfare.
(b) For the purpose of this section the following words shall be defined as follows:
(1) “Abandoned vehicle” means any vehicle which has been left unattended or neglected by the owner or which outwardly appears to have no apparent owner or person in possession, or which has no legal registration plate.
(2) “Junk vehicle” means any vehicle which:
(A) Is not complete and in operating condition; or
(B) Does not bear a current registration plate.
A vehicle shall not be considered a “junk vehicle” if the owner can produce a valid and unexpired permit for said vehicle issued pursuant to Section 1286.25(h).
(3) “Vehicle” means personal property in or on which any person or thing is or may be carried, including, but not limited to, an automobile, car, jeep, bus, truck, wagon, coach, boat or trailer.
(c) Any junk vehicle or abandoned vehicle parked on public or private property, highways or roadways in the Township of Lawrence Park for a period of more than five days shall be deemed to be a public nuisance and dangerous to the health, safety and welfare of children and other people in the Township of Lawrence Park and the community at large.
(d) If a violation of this section is found to exist by the Township Police Department and/or the Code Enforcement Officer, then the Police Department and/or the Code Enforcement Officer shall notify the owner of the property on which the motor vehicle is stored or parked, or the owner of the motor vehicle, or both, of the violation, and order the owner of said motor vehicle, within five days thereof, and the owner of the property on which the motor vehicle is stored or parked, within thirty days thereof, to remove the motor vehicle. The Township Police Department and the Code Enforcement Officer shall have concurrent jurisdiction for the purposes of enforcement of this section.
(e) Notice shall be given by personal service or by registered mail to the last known address of the violator. In the event that, on diligent search, the address of either the property owner or motor vehicle owner cannot be ascertained, the posting of the said notice or copies thereof on the real property, motor vehicle, structure or area immediately adjacent thereto shall constitute sufficient notice.
(f) Within ten days after receipt of the notice, the party or parties affected may request a hearing with the Board of Commissioners by filing a written request with the said Commissioners.
(g) If a hearing is not requested, then the partiers affected shall proceed to remove or have removed the motor vehicle or vehicles in question from the property in question in accordance with the notice and order.
(h) On proper request, a hearing on the matter shall be given forthwith, and where more than one party is involved, it shall be the duty of the party requesting the said hearing to notify all other parties affected or interested of the time and place of the hearing.
(i) If the violation complained of shall not have been remedied within the period as required by the order, the Board of Commissioners shall, through its own agents, contractors and/or employees, remedy the violations by removing the said vehicle or vehicles and charge the costs thereof to the real property owner on whose property the vehicles are located. Said cost shall, after a proper demand and refusal or a failure to pay after 30 days, constitute a lien in the said realty which shall be filed by the Township Solicitor. If the vehicle is located on public property, all costs of removal and storage shall be charged to the owner of the vehicle.
(j) Nothing in this section shall prevent the Board of Commissioners or duly authorized officials from removing from private property without notice any attended or unattended motor vehicle, the presence of which constitutes a hazard or threat to the life, health, safety, welfare and morals of the citizens of the Township and which is imminently dangerous and which, in the opinion of the Board of Commissioners or authorized officials, constitutes a nuisance which gives rise to the existence of emergency conditions.
1448.11 YARD AND SIDEWALK MAINTENANCE REQUIREMENTS
(a) Maintenance of Property Required. All persons, firms or corporations, owning, occupying or in any manner controlling any property within the Township of Lawrence Park shall keep, maintain and repair the same in a manner consistent with the health, safety, morals, general welfare, cleanliness, beauty, convenience and comfort of the Township of Lawrence Park and its inhabitants.
(b) Vegetation; Rubbish; Unsafe Buildings; Sidewalks. It shall be unlawful for any person, firm or corporation owning any property within the Township of Lawrence Park:
(1) To permit any grass, weeds or any vegetation whatsoever, not edible or planted for some useful or ornamental purpose, to grow or remain upon such premises so as to exceed a height of six inches, to emit any unpleasant or noxious odor, to conceal any filthy deposit or to create or produce pollen.
(2) To permit any rubbish, junk, ashes, garbage, debris, filth, refuse materials or dangerous or noxious substances, of any kind whatsoever, to accumulate thereon or to be kept outside, except in a solid, animal proof container with a lid.
(3) To permit the deterioration of any structure located thereon so as to become dangerous, unsafe and unusable for its intended purpose or actual use. Any structure which constitutes a fire hazard to itself or to any surrounding structures, which provides harborage for rats, vermin, or other animals, or which in any manner creates a hazard to the health, safety and welfare of its inhabitants, or of the neighborhood, shall be declared a deteriorated structure under this subsection.
(4) To neglect to keep the sidewalk or any portion of the premises paved or used as a sidewalk or public walk immediately in front thereof or otherwise located thereon in good order and repair, and at all times free and clear of all snow, ridges, valleys, holes, cuts or other obstructions to safe and convenient passage. The following shall be minimum standards under this subsection in interpreting and determining whether or not a sidewalk or public walk is being maintained in a proper manner in accordance with this subsection or shall be determined to be in violation of the terms thereof:
(A) Cracks must be less than one-half inch wide.
(B) Ramp angle must be less than one inch per four inches.
(C) Depressions and steps in and adjacent to sidewalks must be less than one-half inch in height.
(D) Walks must be continuous; no missing sections shall be allowed.
(E) Tree limb clearance over sidewalks must be a minimum of seven and one-half feet.
(c) Violations. Any violation of subsection (b) hereof is hereby declared to be unlawful and detrimental to the health and safety of the inhabitants of the Township of Lawrence Park, and is hereby prohibited.
(d) Correction by Township; Interference with Township.
(1) If the owner shall fail to correct a violation and to otherwise comply in all respects with the provisions of this section, the Township may make the necessary corrections. The costs thereof, together with a penalty of ten percent, shall be collected from the owner or from the property in the manner provided by law for the collection of Municipal claims or by action of assumpsit.
(2) No person shall interfere in any manner with necessary corrections made or to be made by the Township.
(e) Remedies not Exclusive. The methods of correction of any violation of this section which may constitute a nuisance shall not be exclusive, and relief by bill in equity or by other appropriate proceeding may be sought at the discretion of the Board of Commissioners.
(f) Snow and/or Ice Removal. In regards to snow removal, snow or ice removed from sidewalks and/or driveways shall not be placed, shoveled or blown onto public rights-of-way, including streets and alleys.
(a) Any person who shall violate Section 1448.10 shall, upon conviction before a Magistrate in the Township of Lawrence Park, pay a fine of not less than twenty-five dollars ($25.00), nor more than three hundred dollars ($300.00) or, in default thereof, be imprisoned for a period of not exceeding 30 days. Each day’s failure to comply with the order of the Township Commissioners shall constitute a separate offense for each vehicle in violation thereof.
(b) Any owner who shall violate any provision of Section 1448.11, or any person who shall interfere in any manner with necessary corrections made or to be made by the Township Commissioners shall, upon conviction thereof, be sentenced to pay a fine of not more than three hundred dollars ($300.00) and costs of prosecution for each violation, or, in default of payment of such fine and costs, to undergo imprisonment for not more than 30 days.
(c) The penalty for a violation of any other section in this chapter not specifically stated in subdivision (a) or (b) hereof, is contained in Section 202.99 of this Code of Ordinances.