PAGE FOUR . LEGAL NOTICES Rare DONGAL Sion SCHOOL DISTRICT “BUDGET AND PER CAPITA a "TAX NOTICE » Phe proposed budget of “thé Donegal School District “for 1969-70 is available for “public inspection during the school hours at the office of Donegal High School, R. D. #1,"Mount Joy, Penna. and - will"be presented for final “adoption at a school board "'nreeting in said high school at 7:30 p.m. (daylight saving “tinmhe), Thursday, June 19, 1969. “Persons becoming inhabi- tants of the school district ‘orf attaining the age of 21 ‘‘years therein are required Py’ law, within 12 months ‘thereafter (under penalty of “payment of a double per “‘eapita tax), to give notice of such acquisition of residence “or attainment of age. Please contact the secretary of the board, Dorothy J. Engle, at ' Donegal High School, R. D. #1, Mount Joy or mail to P. O. Box 297. Mount Joy, Pa. 17552. DONEGAL SCHOOL BOARD By: Dorothy J. Engle Secretary 10-3¢ HOUSING ORDINANCE REGULATING SUPPLIED FACILITIES, MAINTEN- ANCE, AND OCCUPANCY OF DWELLINGS AND DWELLING UNITS 67 - 7 An Ordinance establishing minimum standards govern- ing the condition and main- tenance of dwellings, estab- lishing minimum standards governing supplied utilities and facilities and other phys- ical things and conditions es- sential to make dwellings safe, sanitary, and fit for hu- han habitation; establishing minimum standards govern- ing the condition of dwell ings offered for rent: fixing certain responsibilities and duties: of owners and occu- pants of dwellings; authoriz- ing the inspection of dwell- ings, and the condemnation of dwellings unfit for hum- an habitation; and fixing penalties for violations. WHEREAS; in the Borough of Marietta there are, or may in the future be, dwelling structures which are so dil- apidated unsafe. dangerous, unhygienic, or unsanitary as to constitute a menace to the health and safety of this Borough of Marietta. BE IT THEREFORE or- dained by the Borough Coun- cil of the Borough of Mariet- ta as follows: SECTION 1. DEFINITIONS The following definitions shall apply in the interpre- tation and enforcement of this Ordinance: 1.1 Basement shall mean a portion of a building located partly underground but hav- ing less than half its clear floor-to-ceiling height below the average grade of the ad- joining ground. 1.2 Cellar shall mean a portion of a building located partly or wholly under- ground, and having half or more than half of its clear floor-to-ceiling height below the average grade of the ad- joining ground. 1.3 Dwelling shall mean any building which is wholly or partly used or intended to be used for living or sleep- ing by human occupants; provided that temporary housing as hereinafter 'defin- €d shall not be regarded as a dwelling. 1.4 Dwelling Unit shall mean any room or group of ‘rooms located within a dwelling and forming a sing- ‘Te habitable unit with facil- ities which are used or in- tended to be used for living, sleeping, cooking and eating. 1.5 Extermination shall mean the control and elimin- ation of insects, rodents, or other pests by eliminating their harborage places; by removing or making inac- ‘cessible materials that may serve as their food; by pois- oning, spraying, fumigating, trapping; or by any other recognized and legal pest elimination -methods approv- ed by the Pennsylvania De- partment of Health. 1.6; Garbage shall mean the animal and vegetable waste resulting from the handling, preparation, cooking, and consumption of food. 1.7 Habitable Room shall mean a room or enclosed floor spece used or intendded to be used for living, sleep- THE BULLETIN, MOUNT JOY, PA. vided by or under the con-ed. Upon recipt of such peti- ing, cooking, or eating pur- poses, excluding bathrooms, water closet compartments, laundries, pantries, foyers, or communicating corridors, closets and storage space. 1.8 Housin Committee shall be a ommittee of three (3) persons, residents of Marietta Borough, appointed by the Council of the Bor- ough of Marietta. At least one member of said Commit- tee shall be a member of Borough Council. The mem- bers who are first appointed shall be appointed for terms of one, two and three years expiring on the 31st days of December, 1969, 1970 and 1971, respectively. Thereafter the terms of office shall be for a period of three (3) years or until their successars are appointed. Vacancies in the Committee occurring other- wise than by expiration of term shall be filled for the unexpired term by appoint- ments made in the same manner as the original ap- pointment. 1.9 Housing Officer shall mean the legally designated authority of the Borough of Marietta, or his authorized representative, as appointed by the Council of the Bor- ough of Marietta. 1:10 Infestation shall mean the presence, within or a- round a dwelling, of any in- sects, rodents, or other pests. 1.11 Multiple Dwelling shall mean any dwelling containing more than two dwelling units. 1.12 Occupant shall mean any person over one year of age, living, sleeping, cooking or eating in, or having ac- tual possession of, a dwell- ing unit or rooming unit. 1.13 Operator shall mean any person who has charge, care, or control of a build- ing, or parts thereof, in which dwelling units or rooming until are let. 1:14 Ordinary Minimum Winter Conditions shall mean the tmperature of 15° F. above the lowest recorded temperature for the previous 10-year period. 1.15 Owner shall mean any person who, alone or jointly or severally with oth- ers: (a) Shall have legal title to any dwelling or dwelling unit, with or without accom- panying actual possession thereof; or (b) Shall have charge, care or control of any dwelling or dwelling unit as owner or agent of the owner, or as executor, executrix, adminis- trator, administratrix, trus- tee or guardian of the estate of the owner. Any such per- son thus representing the ac- fual owner shall be bound to comply with the provisions of this Ordinance, and rules and regulations adopt- ed pursuant thereto, to the same extent as if he were the owner. 1.16 Person shall mean and include any individual, firm, corporation, association or partnership. 1:17 Plumbing shall mean and include all of the follow- ing supplied facilities and equipment: gas pipes, gas- burning equipment, walter pipes, garbage disposal units, waste pipes, water closets, sinks, installed dishwasher, lavatories, bathtubs, shower baths, installed clothes-wash- ing machines, catch basins, drains, vents, and any other similar supplied fixtures, to- gether with all connections to water, sewer or gas lines. 1.18 Rooming Unit shall mean any room or group of rooms forming a single habi- table unit used or intended fo be used for living and sleeping, but not for cooking or eating purposes. 1.19 Rooming House shall mean any dwelling, or that part of any dwelling contain- ing one or more rooming units, in which space is let by the owner or operators to three or more persons who are not husband or wife, son or daughter, mother or fath- er, or sister or brother of the owner or operator. 1.20 Rubbish shall mean combustible and noncombust- ible waste materials, except garbage; and the term shall include the residue from the burning of wood, coal, coke and other combustible ma- terial, paper, rags, cartons, boxes, wood, excelsior, rub- ber, leather, tree branches, yard trimmings, tin cans, metals, mineral matter, glass crockery and dust. ‘1.21 Supplied shall mean paid for, furnished, or pro- of trol of, the owner or opera- tor. 1.22 Temporary Housing shall mean any tent, trailer or other structure used for human shelter which is de- signed to be transportable and which is not attached to the ground, to another struc- ture, or to any utilities sys- tem on the same premises for more than thirty con- secutive days. 1.23 Meaning of certain words. Whenever the words “dwelling”, “dwelling unit”, or “premises” are used in this Ordinance, they shall be construed as though they were followed by the words “or any part thereof. SECTION 2 INSPECTION OF DWELLINGS, DWELL- ING UNITS, ROOMING UNITS AND PREMISES. 2.1 The Housing Officer is hereby authorized and direc- ted to make inspections to determine the condition of dwellings, dwelling units, rooming units, and premises located within this Borough of Marjetta, in order that he may perform his duties of safeguarding the health and safety of the occupants of dwellings and of the general public, For the purpose of making such inspections, the Housing Officer is hereby authorized to enter, examine and survey at all reasonable times all dwellings, dwelling units, rooming units and premises. The owner or occu- pant of every dwelling, dwelling unit and- rooming unit, or the person in charge thereof, shall give the Hous- ing Officer free access to such dwelling, dwelling unit or rooming unit and its premises, at all reasonable times for the purpose of such inspection, examination and survey. Every occupant of a dwelling or dwelling unit shall give the owner thereof, or his agent or em- ployee, access to any part of such dwelling or dwelling unit, or its premises, at all reasonable times for the purpose of making such re- pairs or alterations as are necessary to effect compli- ance with the provisions of this Ordinance or with any lawful rule or regulation ad- opted or any lawful order issued pursuant to the pro- visions of this Ordinance. SECTION 3. ENFORCEMENT: SERVICE OF NOTICES AND ORDERS; HEARINGS 3.1 Whenever the Housing Officer determines that there are reasonable grounds to believe that there has been a violation of any provision of this Ordinance or any rule or regulation adopted pur- suant thereto, he. shall give notice of such alleged viola- tion to the person or persons responsible therefore, as hereinafter provided. Such notice shall: (a) Be put in writing. (b) Include a statement of the reasons why it is being issued; (¢ Allow a reason- able time for the perform- ance of any act it requires; (d) Be served upon the owner or his agent, or the occupant, as the case may require; Provided that such notice shall be deemed to be properly served upon such owner or agent, or upon such occupant, if a copy thereof is served upon him personally; or if a copy there- of is sent by registered mail to his last known address; or if a copy thereof is post- ed in a conspicuous place in or about the dwelling affect- ed by the notice; or if he is served with such notice by any other method authorized or requried under the laws of this State. Such notice may: (e) Contain an outline of remedial action which if taken, will effect compliance with the provisions of this Ordinance and with rules and regulations adopted pur- suant thereto. 3.2 Any person affected by any notice which has been issued in connection with the enforcement of any provision of this Ordinance, or of any rule or adoption thereto, may request and shall be granted a hearing on the matter before the Housing Committee. Provid- ed that such person shall file in the offie of the Housing Officer a written petition re- questing such hearing and setting forth a brief state- ment of the grounds there- for within ten (10) days after the day the notice was serv- tion the Housing Committee shall at their next regular meeting grant a hearing to the petitioner and shall give the petitioner written notice of the time and place of this hearing. At such hearing the petitioner shall be given an opportunity to be heard and to show why such no- tice shall be modified or withdrawn. Upon-application of the petitioner, the Hous- ing Officer may postpone the date of the hearing for a reasonable time, if in his judgment the petitioner has submitted a good and suffi- cient reason for such post- ponement. 3.3 After such hearing, the Housing Officer shall sus- tain, modify or withdraw the notice, depending upon the decision of the Housing Committee as to whether the provisions of this Ordinance and of the rules and ‘regula- tions adopted pursuant there- to, have been complied with. If the Housing Committee sustains or modifies such no- tice, it shall be deemed to be in order. Any notice serv- ed pursuant to Subsection 3.1 of this Ordinance shall auto- matically become an order if a written petition for a hear- ing is not filed within ten (10) days after such notice is served. After a hearing in the case of any notice sus- pending any permit required by this Ordinance, or by any rule or regulation adopt- ed pursuant” thereto, when such notice has been sustain- ed by the Housing Commit- tee, the permit shall be deemed to have been re- voked. Any such permit which has been suspended by a notice shall be deemed to be automatically revoked if a petition for hearing is not filed in the office of the Housing Officer within ten (10) days after such notice is served. 3:4 The proceedings at such hearing, including the find- ings of the Housing Officer and decision of the Housing Committee, shall be sum- marized, reduced to writing, and entered as a matter of public record in the records of the Housing Committee. Such record shall also in- clude a copy of every notice or order issued in connect- ion with the matter. Any person aggrieved by the de- cision of the Housing Com- mittee may seek relief there- from in any court of compe- tent jurisdiction, as provid- ed by the laws of this State. 3.5 Whenever the Housing Officer finds that an emerg- ency exists which requires immediate action to protect the public health. he may, without notice or hearing, issue an order reciting the existence of such an emerg- ency and requiring that such action be taken as he deems necessary to meet the emerg- ency. Notwithstanding the other provisions of this Or- dinance, such order shall be effective immediately, Any person to whom such order is directed shall comply therewith immediately, but upon petition to the Housing Committee shall be afforded a hearing as soon as possible. After such hearing, depend- ing upon the finding as to whether the provisions of this Ordinance and of the rules and regulations adopt- ed pursuant thereto have been complied with, the Housing Committee shall continue such order in effect, or modify it, or revoke it. SECTION 4. ADOPTION OF RULES & REGULATIONS BY THE HOUSING COM- MITTEE 41 The Housing Commit- tee is hereby authorized to make and adopt such writ- ten rules and regulations as may be necessary for the proper enforcement of the provisions of this Ordinance; Provided that such rules and regulations shall not be in conflict with the provisions of this Ordinance. The Hous- ing Committee shall file a certified copy of all rules and regulations which may be adpoted with the Secre- tary of the Borough of Marietta. Such rules regulations, when approved by the Borough Council and Mayor, shall have the same force and effect as the pro- visions of this Ordinance, and the penalty for violation thereof shall be the same as the penalty for violation of the provisions of ' this Ordinance, ‘as hereinafter and. WEDNESDAY, MAY 21 1969 provided. SECTION 5. MINIMUM STANDARDS FOR BASIC EQUIPMENT FACILITIES No person shall occupy as owner-occupant or let to an- other for occupancy any dwelling or dwelling unit, for the purpose of living, sleeping: cooking, or eating therein, which does not com- ply with the following re. quirements: 5.1 Every dwelling unit shall contain a kitchen sink in good working condition and properly connected toa water and sewer system ap- proved by the Housing Offi- cer. 5.2 Every dwelling unit (except as otherwise permit- ted under Subsection 5.4 of this section) shall contain a room which affords privacy to a person within said room and which is equipped with a flush water closet asd a lavatory basin in good working condition and prop- erly connected to a water and sewer system approved by the Housing Officer, or as an alternate thereto, an out- side ,rodent and vermin proof privy approved by the Hous- ing Officer. 5.3 Every dwelling unit (except as otherwise permit- ted under Subsection 5.4 of this section) shall contain, within a room which affords privacy to a person within said room, a bathtub or shower in good working con- dition and properly connect- ed to a water and sewer system approved by the Housing Officer, provided approved drainage there- from is mechanically pos- sible. 5.4 The more than may share ter closet, basin, and or shower occupants of not two dwelling-units a single flush wa- a single lavatory a single bathtub or outside privy if: (a) Neither of the two dwelling units contains more than two rooms; Provided that, for the purposes of this Subsection, a kitchenette or an efficiency kitchen with not more than 60 square feet of floor area shall not be counted as a room; and that (b) The habitable area of each of such dwelling units shall equal not more than 250 square feet of floor area; and that (¢) Such water closet, la- vatory basin, and bathtub or shower shall be in good working condition and prop- erly connected to a water and sewer system approved by the Housing Officer, or a privy approved by the Hous- ing Officer. 5.5 Every kitchen sink, lavatory basin. and bathtub or shower required under the provisions of Subsections 5.1, 52, 53 and 54 of Sec- tion 5 of this Ordinance shall be properly connected with both hot and cold wa- ter lines. 5.6 Every dwelling unit shall be supplied with ade- quate rubbish storage facili- ties, type and location of which are approved by the Housing Officer. 5.7 Every dwelling unit shall have adequate garbage disposal facilities or garbage storage containers, type and location of which are ap- proved by the Housing Ofli- cer. 5.8 Every dwelling shall have supplied water-heating facilities which are proper- ly installed, are maintained in safe and good working condition, are properly con- nected with the hot water lines required under the pro- visions of Subsection 5.5 of Section 5 of this Ordinance, and are capable of heating water to such a temperature as to permit an adequate a- mount of water to be drawn at every required kitchen sink, lavatory basin, bath- tub or shower at a tempera- ture of not less than 120° de- grees F. Such supplied water- heating facilities shall be capable of meeting the re- quirements of this Subsec- tion when the dwelling or dwelling unit heating facili- ties required under the pro- visions of Subsection 6.5 of Section 6 of this Ordinance are not in operation. : 5.9 Every dwelilng unit shall have safe, unobstruct- ed means of egress leading to safe and open space at ground level, as required by the laws of this State and this Borough of Marietta. SECTION 6. MINIMUM (Turn to page 5)
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