Article 1905
ENFORCEMENT, HEARINGS, ORDERS AND PENALTY
Sections:
1905.01 Enforcement – Responsibility of health officer.
1905.02 Delegation of power or duty by health officer.
1905.03 Rules and regulations by board of health.
1905.04 Right of entry and inspection of dwellings.
1905.05 Hearing – Procedure – Decision or order by board.
1905.06 Emergency orders – Action by health officer without prior notice.
1905.07 Noncompliance with orders – Remedy or prosecution.
1905.08 Violation notice – Contents and service.
1905.01 Enforcement – Responsibility of health officer.
The health officer shall be responsible for the administration and enforcement of this code. (Ord. 3697 § 2, 2012; Ord. 2491 § 201, 1960)
1905.02 Delegation of power or duty by health officer.
The health officer may delegate to any other properly qualified officer or employee of the board of health any power or duty vested to him by this code, except that the health officer may not delegate his power or duty to issue regulations pursuant to MMC 1905.03. (Ord. 3697 § 2, 2012; Ord. 2491 § 202, 1960)
1905.03 Rules and regulations by board of health.
(A) The board of health is hereby authorized to make, adopt and issue such written rules and regulations setting forth such standards, conditions and other specifications as they deem advisable for the proper interpretation and enforcement of the provisions of this code, with approval of council. The rules and regulations may include but shall not be limited to matters respecting:
(1) Required facilities, utilities and fixtures, illumination, ventilation, heating, structural condition, good repair and sanitary maintenance of rooming houses and bed and breakfasts.
(2) The sanitary condition and maintenance of rooming houses and bed and breakfasts.
(3) The occupancy of rooming houses and bed and breakfasts.
(4) The elimination and prevention of infestation in rooming houses and bed and breakfasts.
(5) The conditions under which a license for the operation of a rooming house or bed and breakfast may be granted.
(6) The records to be kept by rooming house and bed and breakfast operators.
(B) The rules and regulations shall not be in conflict with the provisions of this code or with any other ordinance or law of the city, state or federal government.
(C) The rules and regulations shall have the same force and effect as the provisions of this code, and the penalty for their violation shall be the same as the penalty for the violation of the provisions of this code.
(D) The board of health shall, 30 days prior to the issuance of any rules and regulations, with the approval of council, cause to have printed and advertised in accordance with the Third Class City Code such rules and regulations, and shall file a copy of the proposed rules and regulations readily accessible to the public in the office of the city clerk.
(E) A copy of all rules and regulations issued by the board of health shall be kept on file in the office of the city clerk. (Ord. 3697 § 2, 2012; Ord. 2491 § 204, 1960. Formerly 1905.04)
1905.04 Right of entry and inspection of dwellings.
Subject to the limitations of the Constitutions of the United States and of the Commonwealth of Pennsylvania and the Third Class City Code, and in order to carry out the purpose and provisions of this code, the health officer or any other officer or employee of the board, upon showing proper identification of office, may enter, examine, survey and inspect any rooming house, rooming unit, bed and breakfast and premises at all reasonable times and, in an emergency, at any time. The owner, operator or occupant of every rooming house, bed and breakfast, rooming unit and premises shall give the health officer or his agent free access for the purpose of such inspection, examination and survey. (Ord. 3697 § 2, 2012; Ord. 2491 § 205, 1960. Formerly 1905.05)
1905.05 Hearing – Procedure – Decision or order by board.
(A) Any person aggrieved by a violation notice may request and shall be granted a hearing in the manner provided in this section. The person requesting a hearing shall, within 10 days from the day the notice was served, file in the office of the city clerk a petition for a hearing on forms provided by the board of health. The secretary of the board of health shall immediately refer the petition to the hearing board, which shall set a time and place for the hearing and shall give the petitioner written notice thereof. The hearing shall be held before the board not more than 10 days from the day the petition was filed, except that upon application of the petitioner or upon its own motion, the board may delay the time of the hearing for not more than 40 days from the day the petition for a hearing was filed if there is good and sufficient reason for delay. The petitioner shall have the right to appear at the hearing in person or to be represented by an attorney or by any other person.
(B) After the hearing, the board shall sustain, modify or revoke the notice of the health officer. If the board sustains or modifies the notice it shall be deemed to be an order. If the board finds that by reason of the hearing it is not possible for the petitioner to comply with the order within the time specified in the original notice of the health officer, the board may extend the time for compliance.
(C) Any notice served pursuant to MMC 1905.08 will automatically become an order if a written petition for a hearing is not filed in the office of the secretary of the board of health within 10 days from the day the notice was served.
(D) After a hearing in the case of any notice suspending any license required by this code or by any rule or regulation adopted pursuant thereto, when such notice has been sustained by the board of health, the license shall be deemed to have been revoked. Any such license 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 secretary of the board of health within 10 days after such notice is served. (Ord. 3697 § 2, 2012; Ord. 2516 § 1, 1961; Ord. 2491 § 209, 1960. Formerly 1905.09)
1905.06 Emergency orders – Action by health officer without prior notice.
(A) Whenever the health officer determines that an emergency exists which necessitates immediate action to protect the public health, safety or welfare, he shall, without prior notice, issue a written order reciting the existence of the emergency and requiring whatever action he deems advisable to meet the emergency.
(B) Notwithstanding the provisions of MMC 1905.05 and 1905.08, such order shall be effective immediately. Any person to whom such order is directed shall comply therewith immediately, but upon petition to the board of health shall be afforded a hearing as soon as possible. After such hearing, depending upon his findings as to whether the provisions of this code and of the rules and regulations adopted pursuant thereto have been complied with, the board of health shall continue such order in effect, or modify or revoke it. (Ord. 3697 § 2, 2012; Ord. 2491 § 210, 1960. Formerly 1905.10)
1905.07 Noncompliance with orders – Remedy or prosecution.
(A) In the event of the failure to comply with an order issued pursuant to any section of this code, the board of health may institute appropriate actions or proceedings at law or in equity to restrain, correct or abate the violation of the order, or they may cause the order to be carried out at the expense of the city. The city may recover the amount of the expense by action of assumpsit or, where appropriate, in the manner provided by law for the collection of municipal claims under the Act of May 16, 1923, P.L. 207, or any amendments or reenactments thereof.
(B) Any person failing to comply with an order issued pursuant to any section of this code may also be prosecuted for a violation of this code in accordance with MMC 1905.09. (Ord. 3697 § 2, 2012; Ord. 2491 § 211, 1960. Formerly 1905.11)
1905.08 Violation notice – Contents and service.
(A) Whenever the health officer determines that there has been a violation of any provision of this code or of any rule or regulation issued thereunder, he shall give notice of the alleged violation in the manner provided in this section to the person or persons responsible for compliance under this code. The notice shall be in accordance with notice requirements of the Meadville property maintenance code.
(B) Service of the notice shall be made in accordance with the notice service requirements of the Meadville property maintenance code. (Ord. 3697 § 2, 2012; Ord. 2491 § 208, 1960)
1905.09 Penalty.
Whoever violates any provision of this code or any rule or regulation adopted by the health officer pursuant to the authority granted by this code shall, upon conviction, be fined not more than $1,000 and costs, and in default of payment of the fine and costs shall be imprisoned for not more than 30 days. Each day’s failure to comply with any such provision or any rule or regulation shall constitute a separate violation. The unauthorized removal of notices or orders posted in accordance with MMC 1905.08 shall constitute a violation of this code. The provisions for penalties contained in this section are in addition to any other remedies provided by this code. (Ord. 3697 § 2, 2012; Ord. 2491 § 101, 1960. Formerly 1905.99)