11 - HOUSING

(11, PART 1)

11-3

PART 1

INSPECTION OF RESIDENTIAL UNITS.

§11-101.

Definitions.

As used in this Part, the following terms shall have the meaning indicated, unless a different
meaning clearly appears from the context:

BOCA

- Building Officials and Code Administrators International, Inc.

CITY

- the City of Lock Haven, Clinton County, Pennsylvania.

CODE

- the code setting forth maintenance standards for existing structures.

INSPECTION COMPLIANCE OFFICIAL

- the official who is charged with the

administration of this Part, or any duly authorized representative of said official.

OWNER

- 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." [Ord. 514B]

RESIDENTIAL UNIT

- any structurally enclosed area, including or intended to include

sleeping facilities.

(Ord. 442B, 1/21/1993, §1; as amended by Ord. 541B, 4/20/1998, §I)

§11-102.

Appointment and Duties of Inspection Compliance Official.

For the administration of this Part, an inspection compliance official shall be appointed by City
Council. The inspection compliance official shall administer this Part in accordance with its
terms. The inspection compliance official shall be responsible for instituting enforcement
proceedings on behalf of the City.

(Ord. 442B, 1/21/1993, §2)

§11-103.

Prohibition of Occupancy.

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 Part.

(Ord. 442B, 1/21/1993, §3)

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§11-104.

Inspection Requirements.

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 Part:

Purpose.

Inspections required by this Part 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.

Permitted Inspectors.

Inspections required by this Part shall be conducted only

by individuals or agencies certified as an inspector by BOCA, as to the type of
premises to be inspected. No employee of the City shall be permitted to conduct
such inspections. Any individual or agency desiring to conduct inspections
required by this Part shall provide proof of current certification to the City.

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 Part 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:

(a)

District I - First Ward of the City.

(b)

District II - Second Ward of the City.

(c)

District III - Third Ward of the City.

(d)

District IV - Fourth Ward of the City.

(e)

District V - Fifth Ward of the City.

Residential units subject to the inspection requirements of this Part and
located in District I shall be inspected during the calendar year in which the
Part shall become effective and every fifth year thereafter. Residential units
subject to the inspection requirements of this Part and located in District II
shall be inspected during the first calendar year subsequent to the year in
which this Part becomes effective and every fifth year thereafter.
Residential units subject to the inspection requirements of this Part and

(11, PART 1)

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located in District III shall be inspected during the second calendar year
subsequent to the year which this Part becomes effective and every fifth
year thereafter. Residential units subject to the inspection requirements of
this Part and located in District IV shall be inspected during the third
calendar year subsequent to the year in which this Part becomes effective
and every fifth year thereafter. Residential units subject to the inspection
requirements of this Part and located in District V shall be inspected during
the fourth calendar year subsequent to the year in which this Part becomes
effective and every fifth year thereafter. [Ord. 509B]

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 Part 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 5 years
and in compliance with such inspection requirements. [Ord. 509B]

(2)

No residential unit which would otherwise be subject the inspection
requirements of this Part shall be required to be inspected within the 5
calendar years subsequent to the year in which any certificate of occupancy
required before occupancy of new construction is issued. [Ord. 509B]

(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 Part prior to the first
applicable calendar year occurring after the calendar year subsequent to
issuance of the initial certificate of inspection.

(Ord. 442B, 1/21/1993, §4; as amended by Ord. 509B, 8/25/1996, §§1-3)

§11-105.

Issuance and Display of Certificate of Compliance.

General Provision.

Upon submission of proof that an inspection required by this Part

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.

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.

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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.

(Ord. 442B, 1/21/1993, §5)

§11-106.

Notice Requirements.

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 the Part may
be obtained.

Deeds and Agreements of Sale.

Every deed and agreement of sale executed and

delivered on or after the effective date of this Part 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:

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.

(Ord. 442B, 1/21/1993, §6)

§11-107.

Responsible Party.

The owner of any residential unit which is subject to the inspection requirements of this Part
shall be responsible for compliance with the provisions of this Part.

(Ord. 442B, 1/21/1993, §7)

§11-108.

Penalties.

The owner of any residential unit who has violated or permitted the violation of this Part 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 Part and each day the same is continued shall be deemed a separate
offense.

(Ord. 442B, 1/21/1993, §8; as amended by Ord. 670, 2/24/2003, §1)