Opposition Brief — Smith v. Glenolden Borough

No. 95-1364

In The

oH

Supreme Court of the Hnited-States-——:

*

October Term, 1995

MARY D. SMITH,

Petitioner,

vs.

GLENOLDEN BOROUGH, THE BOROUGH COUNCIL OF

GLENOLDEN BOROUGH, GEORGE E. HASSEL, DENISE

McCARTHY, SARAH A. DOUGHERTY, JOSEPH

SELFRIDGE, THEODORE BATHURST, KAREN CALUCCI,

FRANCIS O'NEILL, ALBERT KELLEY, WILLIAM REESE,

EDWARD G. ROTH, III, RUSSELL H. DECKER, AND

JAMES BAILEY, BOROUGH BUILDING INSPECTOR,

Respondents.

On Petition for a Writ of Certiorari to the United States

Court of Appeals for the Third Circuit

RESPONDENTS’ BRIEF IN OPPOSITION

WILLIAM F. HOLSTEN, II

Counsel of Record

PAOLA TRIPODI KACZYNSKI

HOLSTEN & WHITE

Attorneys for Respondents

One Olive Street

Media, Pennsylvania 19063

(610) 566-8800

ie. (800) } APPEAL + (800) 5 APPEAL - (800) BRIEF 21 ry

QUESTIONS PRESENTED FOR REVIEW

1. Whether the Court of Appeals correctly concluded that

the section of the Glenolden Borough Code pertaining to

administrative inspections is constitutional because it can be

interpreted to allow warrantless entry only when consent is given.

2. Whether Chapter 93 of Glenolden Borough Code is

nationally related to areasonable legislative purpose as it applies

to all structures in the Borough.

3. Whether the Court of Appeals properly held that the

search warrant issued for the administrative inspection of

Petitioner’s residence was valid.

4. Whether Petitioner was granted ali necessary due process

procedural safeguards with respect to the notice of her violation

and her criminal charges.

TABLE OF CONTENTS

Page

Questions Presented forReview ................... i

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Summary ofthe Argument ........................ 3

Reasons for Denyingthe Writ ..................... =

I. The Court of Appeals properly held that the

Gienolden Borough Code is constitutional. . .. . <

Il. TheGlenolden Borough Code does not provide for

inspection of only rented homes and therefore is

rationally related to a reasonable legislative

WEEE, <2 ccccesaccecessenenesGbatnies 5

Ill. The search warrant obtained by the Borough of

Glenolden was based upon probable cause and

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IV. Glenolden Borough did not violate Petitioner's

right todue process. ....... 2... .sececseunes 8

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Contents

Page

TABLE OF CITATIONS

Cases Cited:

Armstrong v. Manzo, 380 U.S.545(1965) ........--- 8

Camara v. Municipal Court of San Francisco, 387 U.S.

523, 87 S. Ct. 1727, 18 L. Ed. 2d 930(1967) .... 1,3,6,7,9

Cleveland Board of Education v. Loudermill,470 U.S.532

I canes ibn wed euele ee U.eend 66440 8

Marshall v. Barlow’s, Inc.,436 U.S.307, 98 S.Ct. 1816,56

i ne and cete en se Esenensece 3,4,5,9

Parratt v. Taylor,451U.S.527(1981) .........+++-- 8

United States Constitution Cited:

ND gg. ccewcecbencccccccesecceses 5

Other Authorities Cited:

Glenolden Borough Code, Chapter93 ............-- i,2,8

Glenolden Borough Code, Chapter 93-9(c) .......... 6

iv

Contents

Page

APPENDIX

Appendix A— Relevant Statutes .................. la

Appendix B — Notice to Residents ................. 27a

Appendix C— Letter from Mary D. Smith to the President

of Council Dated October 12,1993 ............... 28a

Appendix D — Letter from Richard C. Tinucci to Mary D.

Smith Dated October 15,1993 .................. 30a

Appendix E— Search Warrant .................... 38a

1

STATEMENT OF THE CASE

This case involves the objections of Petitioner Mary D.

Smith (“Ms. Smith”) to an annual administrative inspection of

her residence under the Glenolden Borough Code. Ms. Smith

refused access to the Glenolden inspector, whereupon a search

warrant was obtained by the Borough. The Court of Appeals

found that the Glenolden Borough Code and the enforcement of

the inspection provision by the Borough were constitutional and

were in accordance with this Honorable Court’s decision in

Camara v. Municipal Court of San Francisco, 387 U.S. 523

(1967). The disputed Borough Code provision reads as follows:

Inspection and access to dwellings. The

Housing Officer or his agents are hereby

authorized and directed to make inspections

of the conditions of rental dwellings,

multiple dwelling units, rooming units and

other structures located in the Borough of

Glenolden. Upon display of proper

identification, the inspector is authorized to

enter, examine and survey such units and

premises on weekdays between 9:00 a.m. and

4:00 p.m. or at such other time as may be

necessary in an emergency or as mutually

agreed upon by the occupant and the Housing

Officer or one of his agents.

The Glenolden Borough Code contemplates, and has been

interpreted by the Court of Appeals as allowing, only

warrantless, consensual inspections of premises and structures

in the Borough.

2

FACTUAL BACKGROUND

The Borough of Glenolden enacted Chapter 93 of its

Borough Code relating to “housing standards” for the stated

purpose of promoting and protecting: “. . . the health, safety,

morals and general welfare of the inhabitants of the Borough of

Glenolden by abating over-crowded housing conditions;

securing adequate lighting, heating, ventilation, access and

egress; preventing or correcting unhygentic, unsanitary or

unsafe conditions which might constitute a menace to the

residents of the Borough of Glenolden.” (App. 1a).' Under this

chapter, the Borough provided for various mechanisms by which

it could accomplish this purpose, including the performance of

administrative inspections of: “. . . rental dwellings, multiple

dwelling units, rooming units and other structures located in the

Borough of Glenolden”. (App. 21a).

Pursuant to this inspection provision, Ms. Smith was

notified by her landlord that the housing inspector for the

Borough of Glenolden was performing his annual inspection on

October 18, 1993. Ms. Smith informed the president of Borough

Council and the Borough Solicitor that she would refuse access

to her apartment for the purpose of the administrative inspection

until she was given a copy of the ordinance under which the

Borough was conducting its inspection. The Borough Solicitor

responded and sent Ms. Smith copies of the relevant code

provisions.

When Ms. Smith persisted in her refusal to consent to the

administrative search, the Borough «pplied to the District Justice

for a search warrant. Counsel for }s. Smith was advised that this

action was being taken, and was sent a copy of the search

warrant. The Borough finally conducted its administrative

search of Ms. Smith’s apartment pursuant to the search warrant.

1. Chapter 93 is reproduced in its entirety in the Appendix hereto.

3

SUMMARY OF THE ARGUMENT

Ms. Smith is incorrect in her assertion that this case is

controlled by the decision of this Court in Marshall v. Barlow's,

Inc., 436 U.S. 307, 98 S. Ct. 1816, 56 L. Ed. 305 (1978). Rather,

the case at baris distinguishable from Marshall v. Barlow's Inc.

and is compatible with the decision in Camara v. Municipal

Court, 387 U.S. 523, 87 S. Ct. 1727, 18 L. Ed. 2d 930 (1967).

Ms. Smith urges this Court to grant her petition so that it can

supposedly extend its decision in Marshall v. Barlow's (which

involved commercial property) to administrative searches of

residential properties. The case of Marshall v. Barlow's involved

OSHA regulations which are entirely different from the Borough

ordinance in this case. That statute provided for warrantless

searches of commercial premises so as to preserve the element of

surprise. While the Glenolden Borough Code does not

specifically mention a warrant requirement, the language clearly

contemplates performing the inspection with the consent of the

resident. (App. 21a). Also, the Code does not, as Ms. Smith

asserts, limit its administrative inspections to properties

occupied under a lease, and not properties which are owned or

occupied. The language of the Code clearly includes both rental

properties and “multiple dwelling units, rooming units and other

structures located in the Borough of Glenolden”. (App. 21a).

The Court of Appeals found that a search warrant obtained

by the Borough was valid.* This Court has found that

administrative purposes such as the one set forth in the

Glenolden Borough Code can serve as valid probable cause for

search warrants. See Camara, supra. The warrant obtained by

the Borough clearly met this purpose, as well as identifying Ms.

Smith’s residence and the date of her last inspection. The Court

of Appeals properly found that it was valid. The argument that

the Borough violated Ms. Smith’s due process rights is without

4

merit because the Borough Code provides sufficient procedural

methods for appealing notices of violations. In addition, Ms.

Smith was granted a full trial before a District Justice and was

found guilty. She cannot argue that she was not afforded due

process in that regard.

REASONS FOR DENYING THE WRIT

IL.

THE COURT OF APPEALS PROPERLY HELD

THAT THE GLENOLDEN BOROUGH CODE IS

CONSTITUTIONAL.

Ms. Smith claims that the Glenolden Borough Code is

unconstitutional on its face and that it conflicts with this Court’s

decision in Marshall v. Barlow’s, supra. Marshall was a case

involving the Occupational Safety and Health Act of 1970

(OSHA). 436 U.S. 307, 98 S. Ct. 1816. A business owner

objected to an administrative search of his place of business

pursuant to the OSHA regulations and sought an injunction

prohibiting a warrantless search under that Act. Jd. The

- Secretary of Labor atgued in favor of the warrantless searches,

claiming they were reasonable and that they provided them with

the element of surprise necessary to prevent business owners

from disguising violations. 436 ').S. at 316, 98 S. Ct. at 1822.

The case at bar is completely different from Marshall v.

Barlow’s, because the Borough of Glenolden has never argued in

favor of warrantless searches and the Borough in fact obtained a

valid search warrant prior to performing its administrative

inspection of Ms. Smith’s apartment. The holding in Marshall

specifically takes into consideration the request by the Secretary

of Labor to perform warrantless searches. The Court states at

relevant part as follows:

5

We conclude that the concerns expressed by

the Secretary do not suffice to justify

warrantless inspections under OSHA or

vitiate the general constitutional

requirement that fora search to be reasonable

a warrant must be obtained . . . We hold that

Barlow’s was entitled to a declaratory

judgment that the Act is unconstitutional

insofar as it purports to authorize

inspections without warrant or its

equivalent.

436 U.S. at 324-325, 98 S. Ct. at 1826-1827 (emphasis supplied).

In this case, the Borough of Glenolden has not asked for

authorization to conduct warrantless searches and does not

interpret its own Code so as to permit warrantless searches. This

is evident from the fact that the Borough obtained a search

warrant before actually inspecting Ms. Smith’s apartment.

Il.

THE GLENOLDEN BOROUGH CODE DOES NOT ~

PROVIDE FOR INSPECTION OF ONLY RENTED

HOMES AND THEREFORE IS RATIONALLY RELATED

TO A REASONABLE LEGISLATIVE PURPOSE.

Ms. Smith argues that the Glenolden Borough Code

provides for inspections of only rented residences, not those

which are owner occupied, and that therefore it creates an

impermissible classification of people under the Fourth

Amendment which renders the Code unconstitutional. The Court

of Appeals did not address this issue for two reasons: first, Ms.

Smith did not properly preserve the issue, and second, the court

found that the Code itself was not violative of the Fourth

6

Amendment. Had the court actually looked into these claims,

however, it would have deduced that the plain wording of the

Code section itself does not limit the inspections to rental

properties only. Section 93-9(c) provides for inspections of:

“... rental dwellings, multiple dwelling units, rooming units

and other structures located in the Borough of Glenolden.”

(App. 21a). The Code defines “multiple dwelling units” as: “any

building, including an apartment or condominium building,

containing two or more dwelling units”. (App. 3a). There is no

specific definition for “other structures”, but the clear meaning

of this encompasses owner occupied residential homes. The

inspection provision is therefore not limited to rental properties

only, and the arguments put forth by Ms. Smith concerning the

creation of an impermissibie class are without merit.

Ill.

THE SEARCH WARRANT OBTAINED BY THE

BOROUGH OF GLENOLDEN WAS BASED UPON

PROBABLE CAUSE AND THEREFORE VALID.

In Camara v. Municipal Court, this Honorable Court

established that probable cause to issue a warrant to conduct a

housing inspection depends upon the “reasonable legislative or

administrative standards” for conducting the inspection. 387

U.S. at 538. The search warrant in this case was based upon the

inspection provision in the Glenolden Borough Code which, as

had been argued above, was reasonable and constitutional. As

this Court found in Camara, a health inspector seeking probable

cause for the issuance of a search warrant to perform an

administrative inspection need not show the same kind of proof

to a magistrate that a police officer must establish in a criminal

case. Id. at 537. The inspector does not even have to have

specific knowledge of a potential violation in the particular

residence to establish probable cause. Jd. at 537-538.

~~ a "Be Need Ps eee. ‘eis eee

7

The search warrant in this case met all of the requirements

needed under Camara. The health inspector set forth the

following in his probable cause affidavit:

The Borough of Glenolden has an ordinance

which requires an annval inspection of all

apartment dwelling units. The Borough has

conducted the annual inspections of every

other unit in the multi-family apartment

complex other than the unit specified.

Despite requests or [sic] access, the

inspection has been refused by the occupant

of this particular rental unit.

The purpose of the inspection is to prevent

substandard conditions and assure a safe and

sanitary environment in compliance with the

local codes for the protection of the

occupaant (sic) of the unit in question as well

as the health, safety and welfare of the

adjacent occupants and the occupants of the

complex. Date of last inspection March 9,

1992.

A. 39a.

Ms. Smith argues that the Borough included no facts

specific to her residence in the search warrant or affidavit. This

is clearly inaccurate, since the search warrant named her

residence and noted that she had denied access, and that the date

of the last inspection had been March 9, 1992, nearly two years

earlier. Ms. Smith is also incorrect in her claim that search

warrant was issued without notice to her, because her counsel

was notified of the Borough’s intent to obtain a search warrant

and was sent a copy of the search warrant and affidavit once it

was obtained.

IV.

GLENOLDEN BOROUGH DID NOT VIOLATE

PETITIONER’S RIGHT TO DUE PROCESS.

In order to establish a cause of action for a violation of

procedural due process, Ms. Smith would have to show that a

person acting undercolor of state law deprived her of a protected

property interest and that the procedure for challenging that

deprivation does not satisfy the constitutional requirements.

Parratt v. Taylor, 451 U.S. 527,537 (1981). Due process requires

that a deprivation of property “be proceeded by notice and an

opportunity for hearing appropriate to the nature of the case,”

Cleveland Board of Education v. Loudermill, 470 U.S. 532,542

(1985), and the opportunity to be heard must be at a meaningful

time in a meaningful manner. Armstrong v. Manzo, 380 U.S.545

(1965).

In the instant case, Ms. Smith has not established that the

Borough’s procedure for challenging her alleged deprivation

does not satisfy the requirements of procedural due process.

Chapter 93 of the Borough Code provides that when there is a

violation of any provision of the chapter, the violator is to be

given written notice of the violation which shall include reasons

why itis being issued, and allow time forthe performance of any

act it requires. This notice was provided by the Borough Solicitor

in his letter of October 15, 1993. The Borough Code also

contains an appeal process set forth ai sub-chapter 93-9F. (App.

22a). Ms. Smith never appealed the notice of the violation and

has never alleged that the appeals process denies her procedural

due process. With respect to the criminal charges filed against

her, Ms. Smith admits that she was granted a full trial and was

found guilty. She then took advantage of the summary appeal

process. This appeal was terminated after the Borough finally

9

gained access to her residence with a search warrant.” She was

never required to pay the fine assessed against her at the District

Justice level.

Ms. Smith alsoclaims that she was denied due process when

the Borough failed to provide her with a full copy of the Borough

Code. While the Court of Appeals did make a notation in their

Opinion that this was inappropriate, the court did not find a

violation of due process, nov did it make these comments part of

any holding in this matter. Ms. Smith argues that her criminal

conviction could not be undone, but she never actually had to pay

her fine because the case was terminated. She therefore was not

deprived of any constitutionally protected interest and suffered

no violation of due process.

CONCLUSION

There have not been sufficient reasons set forth to justify the

granting of this Petition for Writ of Certiorari. The opinion of the

Third Circuit Court of Appeals is in accordance with this Court’s

decision in Camara v. Municipal Court and as distinguishable

from Marshall v. Barlow's. The Respondents herein respectfully

request that this Honorable Court deny the Petition.

Respectfully submitted,

WILLIAM F. HOLSTEN, II

Counsel of Record

PAOLA TRIPODI KACZYNSKI

HOLSTEN & WHITE

Attorneys for Respondents

One Olive Street

Media, Pennsylvania 19063

(510) 566-8800

2. Petition for Writ of Certiorari, p. 5.

la

APPENDIX A — RELEVANT STATUTES

HOUSING STANDARDS

Chapter 93

§ 93-1. Purposes.

This chapter is enacted for the following purposes: to

promote and protect the health, safety, morais and general

welfare of the inhabitants of the Borough of Glenolden by

abating overcrowded housing conditions; securing adequate

lighting, heating, ventilation, access and egress; preventing or

correcting unhygienic unsanitary or unsafe conditions which

might constitute a menace to residents of the Borough of

Glenolden.

§ 93-2. Interpretation.

In interpreting and applying the provisions of this chapter,

they shall be held to be the minimum requirements for the

promotion of the public health, safety, morals and general

welfare. Where the provisions of this chapter impose greater

restrictions than those of any other ordinance or regulation, the

provisions of this chapter shall be controlling. Where the

provisions of any statute, other ordinance or regulation impose

greater restrictions than this chapter, the provisions of such

statute, ordinance or regulation shall be controlling.

§ 93-3. Definitions.

Unless otherwise expressly stated, the following words and

phrases shall be construed throughout this chapter to have the

meaning herein indicated. The singular shall include the plural,

and the plural shall include the singular. The present tense shall

include the future tense.

2a

Appendix A

BASEMENT — The portion of any dwelling located partly

underground but having less than half its clear floor-to-

ceiling height below the average grade of the adjoining

ground.

CELLAR — The portion of any dwelling having half or

more than half of its clear floor-to-ceiling height below the

average grade of the adjoining ground.

DWELLING UNIT— Any room or group of rooms located

in a multiple dwelling and forming a single habitable unit

with facilities which are used or intended to be used for

living, sleeping, cooking and eating.

EXTERMINATION — The control and elimination of

insects, rodents or other pests by eliminating their harborage

places; by removing or making inaccessible materials that

may serve as their food; by poisoning, spraying, fumigating

or trapping; or by any other recognized and legal pest

elimination method.

GARBAGE — Includes waste or decayed fruit or animal

and vegetable matter, liquid or otherwise, which attends the

preparation, use, cooking or storing of meat, fish, fowl or

fruit.

HABITABLE ROOM — Aroom or enclosed floor space

used or intended to be used for living, sleeping or eating

purposes, excluding bathrooms, laundries, foyers, pantries,

communicating corridors, stairways, closets, basement

recreation rooms, storage spaces and other nonhabitable

areas.

3a

Appendix A

HOUSING OFFICER — The official of the Borough of

Glenolden designated by the Borough Council to assist in

the enforcement of this chapter.

INFESTATION — The presence, within or around a

multiple dwelling, of any insects, rodents or other pests.

MULTIPLE DWELLING — Any building, including an

apartment or condominium building, containing two (2) or

more dwelling units.

NEW OR CONVERTED DWELLING UNIT —A newly

constructed dwelling unit or a dwelling unit located in a

single-family dwelling converted into a multiple dwelling.

OCCUPANT — Any person living and sleeping in a

dwelling unit or rooming unit.

OPENABLE AREA— The part of a window or door which

is available for unobstructed ventilation and which opens

directly to the outdoors.

OPERATOR — Any person having charge, care,

management or control of any multiple dwelling or part

thereof in which dwelling units or rooming units are let.

OWNER — Any person who, alone or jointly or severally

with others:

A. Shall have legal title to any multiple dwelling or

dwelling unit, with or without accompanying actual

possession thereof; or

4a

Appendix A

B. Shall have charge, care or control of any multiple

dwelling or dwelling unit, as owner or agent of the

owner, or as executor, administrator, trustee or guardian

of the estate of the owner. Any such person thus

representing the actual owner shall be bound tocomply

with the provisions of this chapter and of the rules and

regulations adopted pursuant thereto to the same extent

as if he were the owner.

PERSON — An individual, firm, corporation, association

or partnership.

ROOMING UNIT — Any rented room or group of such

rooms forming a single habitable unit used or iatended to be

used for living and sleeping but not for cooking or eating

purposes.

‘RUBBISH —Any waste, discarded or rejected matter or

substance, vegetable, animal or mineral, including unused

chattels, furnishings, tools, vehicles, implements, trash,

debris, scrap, junk, garbage, leaves, decayed or fallen trees,

the branches or other parts thereof, stones, ashes, cinders,

papers and all other superfluous, abandoned or unused

materials or substances of whatsoever kind and condition.

SUPPLIED — Installed, furnished or provided by the

owner or operator at his expense.

TEMPORARY HOUSING — Any tent, trailer or other

structure used for human shelter which is designed to be

transportable and which is not attached to the ground, to

another structure or to any utilities system and is not

permitted to be used for habitation in the Borough of

Glenolden.

Sa

Appendix A

§ 93-4. Plumbing, heating and electrical facilities.

No person shall let to another for occupancy any dwelling

unit which does not comply with the following requirements:

A. Water supply. Every dwelling unit shall be supplied

with a properly installed pressurized potable water

supply.

B. Kitchen facilities. Every dwelling unit shall be supplied

with:

(1)

(2)

(3)

A kitchen sink in good working condition and

properly installed in conformity with the

Plumbing Code of Glenolden Borough. '

Installed cooking facilities or utility connections

for such facilities. Every piece of cooking

equipment shall be so constructed and installed

that it will function safely and effectively and shall

be maintained in sound working condition. Stove

heating and flame units shaJ! be at least six (6)

inches from any facing wall.

Every new or converted dwelling unit shall be

equipped with an approved exhaust fan capable of

removing cooking odors and smoke from all

kitchens.

C. Bathroom facilities. Every dwelling unit shall contain

one (1) or more rooms which afford privacy to a person

1. Editor’s Note: See Ch. 127, Plumbing.

6a

Appendix A

and which are supplied with a flush toilet, a lavatory

basin and a bathtub or shower, all of these facilities in

good working condition and properly installed in

conformity with the Plumbing Code of the Borough of

Glenolden.?

D. Hotandcold water. Every kitchen sink, lavatory basin

and bathtu» or shower required by this chapter shall be

properly connected in conformity with the Plumbing

Code of the Borough of Glenolden’ and supplied with

both hot and cold water. The hot-water lines shall be

connected to water heating facilities which are capable

of heating and supplying continuous hot water at a

minimum temperature of one hundred twenty degrees

Fahrenheit (120° F.) even when the heating facilities

required by this chapter are not in operation.

E. Plumbing fixtures. All plumbing fixtures shall be

properly connected in accordance with the Plumbing

Code of the Borough of Glenolden.‘

F. Heating facilities. Every multiple dwelling shall be

supplied with properly installed heating facilities

which are capable of safely and adequately heating all

habitable rooms and bathrooms within its walls to a

temperature of at least sixty-eight degrees Fahrenheit

(68° F.) ata distance three (3) feet above floor level at an

2. Editor's Note: See Ch. 127, Plumbing.

3. Editor’s Note: See Ch. 127, Plumbing.

4. Editor's Note: See Ch. 127, Plumbing.

7a

Appendix A

outdoor temperature of zero degrees Fahrenheit (0° F.).

Portable heating facilities employing flame and which

use gasoline, kerosene or gas as fuel do not meet the

standard.

. Electrical service. Every multiple dwelling shall be

provided with an approved adequate electrical service

as defined by the National Electrical Code. Every

habitable room and bathroom of such new or converted

dwelling shall be supplied with at least two (2) separate

electric convenience outlets in the wall. Every

bathroom, laundry room, furnace room and public hall

shall contain at least one (1) switch-operated light

fixture on the ceiling or the wall. Every such outlet or

fixture shall be properly installed and shal! be

maintained in good and safe working condition.

(1) Allexposed wiring shall have insulation that is

not frayed, dry-rotted or brittle and generally in

good condition. Switches and outlets shall be

operable at all times and plates shall be secured in

position. No temporary wiring shall be used

except extension cords [no more than one (1) in

each outlet) which run directly from portable

electrical fixtures to outlets and which are not run

under floor covering materials or extended

through doorways, windows or other similar

openings. In nocase shall extension cords be used

outdoors unless specifically rated for exterior

use.

8a

Appendix A

§ 93-5. Light and ventilation.

No person shall let to another for occupancy any multiple

dwelling, dwelling unit or rooming unit which does not comply

with the following:

_A. Natural lightin habitable rooms. Every habitable room

or bathroom shall have at least one (1) window or

skylight facing directly to the outdoors. The minimum

aggregate area available for unobstructed light shall not

be less than ten percent (10%) of the floor area of such

room.

B. Light in nonhabitable space. Every stair, hall, cellar,

basement, laundry, furnace room and _ similar

nonhabitable work space located in a structure used for

rental for human habitation shall have adequate light

capable of providing at all times not less than fifty (50)

footcandles of light at floor level. Every public hall and

stairway in a multiple dwelling shall also be adequately

lighted at all times to provide not less than fifty (50)

foctcandles of light at floor level.

C. Ventilation in habitable rooms. Every habitable room or

bathroom shall be ventilated either by openable areas

directly accessible to the cutdoors and equal to at least

forty-five percent (45%) of the required window area or

by equivalent mechanical ventilation.

D. Ventilation in bathrooms. The required bathroom in

each dwelling unit shall be ventilated either by an

openable area directly accessible to the outdoors and

not less than one and one-half (1 1/2) square feet or by

equivalent mechanical ventilation.

9a

Appendix A

E. Required space in new or converted dwelling units and

sleeping rooms. Every two-bedroom new or converted

dwelling unit shall contain at least six hundred fifty

(650) square feet of total space, excluding stairways.

Every one-bedroom new or converted dwelling unit

shall contain at least five hundred (500) square feet of

total space, excluding stairways. In every new or

converted dwelling unit of two (2) or more rooms, every

room occupied for sleeping purposes shall contain at

least one hundred (100) square feet of floor space.

F. Required access to bathrooms or sleeping rooms. No

new or converted dwelling unit containing two (2) or

more sleeping rooms shall have room arrangements

such that access to a bathroom or water closet

compartment intended for use by occupants of more

than one (1) sleeping room can be had only by going

through another sleeping room, nor shall room

arrangements be such that access toa sleeping room can

be had only by going through another sleeping room or

a bathroom or water closet compartment.

G. Required ceiling height. In every new or converted

dwelling unit, the ceiling height from the floor area of

every habitable room shall be seven (7) feet six (6)

H inches.

H. Basement dwelling units. No basement space shall be

used as a habitable room or dwelling unit unless:

| (1) The floor and walls are impervious to leakage of

4 underground and surface runoff water and are

insulated against dampness.

(2)

(3)

10a

Appendix A

The requirements of Subsections A and C hereof

relating to natural light and ventilation in

habitable rooms are met.

The required minimum window area is located

entirely above the grade of the ground adjoining

such window area.

§ 93-6. Property maintenance.

No person shall let to another for occupancy any multiple

dwelling or dwelling unit for the purpose of living therein, or

premises, which does not comply with the following

requirements. The Housing Officer of the municipality shall

cause periodic inspections to be made of rental multiple dwelling

premises to secure compliance with these requirements.

A. Grading and drainage.

(1)

(2)

All premises shall be graded and maintained so as

to prevent the accumulation of stagnant water

thereon or within any building or structure

located thereon.

Downspouts and rain leaders shall be so placed on

all structures as to minimize the flow of excess

water upon and across any adjacent properties.

B. Noxious weeds.

(1) Allexterior property areas shall be kept free from

species of weeds or plant growth which are

noxious or detrimental to the public health, and

lla

Appendix A

grass shall not at any time exceed a height of six

(6) inches.

(2) Hedges, briars or any other growth planted for or

intended to be used for ornamental purposes, after

the same have lost their ornamental or useful

purposes by reason of having been unkempt or

untrimmed, shall be ordered cut and removed by

the Housing Officer.

C. Accessory structures. All accessory structures,

including detached garages, tool sheds, storage sheds,

fences or any other appurtenances to the main building,

shall be maintained at all times in a neat manner, in good

repair and shall be effectively structurally sound.

D. Junked motor vehicles. No person shall keep or

maintain on public or private property any motor

vehicle that is inoperable, that does not have a current

license tag or current inspection sticker and that has

been left unattended for a period of ninety-six (96)

hours. Such vehicle shall be classed as “junked” and

shall be removed in accordance with the provisions as

hereinafter provided; except that antique cars shall be

identified by an antique license plate as issued by the

State of Pennsylvania, and that automobiles in the

process of being reconstructed for purposes of )

qualifying as antiques shall be registered with the

Housing Officer and the Police Department of the |

Borough of Glenolden.

E. Structural safety.

(1)

(2)

12a

Appendix A

Every outside stair, every porch and every

appurtenance attached thereto shall be so

constructed as to be safe to use and capable of

supporting the loads to which it is subjected as

required by the Building Code,’ and shall be kept

in sound condition and good repair.

In public or multiple dwellings, every stairwell

and every flight of stairs which is more than two

(2) risers high shall have handrails or railings.

Every handrail shall be firmly fastened and must

be maintained in good condition. Properly

balustraded railings capable of bearing normally

imposed loads shall be placed on the open

portions of stairs, balconies, landings and

stairwells.

F. Windows and doors.

(1)

Every window sash shall be fully supplied with

glass window panes or an approved substitute

which are without open cracks or holes. Every

window sash shall be in good condition and fit

reasonably tight within its frame. Every window,

other than a fixed window, shall be capable of

being easily opened and shall be held in position

by window hardware. Every exterior door, door

hinge and door latch shall be maintained in good

condition. Every exterior door, when closed, shall

fit reasonably well within its frame. Every

window, door and frame shall be constructed and

5. Editor’s Note: See Ch. 54, Building Construction

13a

Appendix A

maintained in such relation to the adjacent wall

construction as to exclude rain as completely as

possible and to substantially exclude wind from

entering the multiple dwelling or multifamily

dwelling.

Free from dampness. In every rental multiple

dwelling, dwelling unit and rooming unit, cellars,

basements and craw] spaces shall be maintained

reasonably free from dampness to prevent

conditions conducive to decay or deterioration of

the structure as required by the Building Code.®

Maintained in good repair. All floors, flooring

baseboards and trim shall be free of wide cracks

and loose, warped, protruding and rotted sections

which could constitute a hazardous and

unsanitary condition. Walls and ceilings must be

free of holes, large cracks, loose plaster and other

structural material which could collapse and

become an accident hazard. Plaster, paint and

other surface materials shall be of such character

as to be easily cleanable and reasonably smooth,

clean and tight.

Bathroom floors. Every toilet and bathroom floor

surface shall be constructed and maintained so as

to be substantially impervious to water and so as

to permit such floor to be easily kept in aclean and

sanitary condition.

6. Editor’s Note: See Ch. 54, Building Construction.

l4a

Appendix A

§ 93-7. Safe and sanitary maintenance.

No person shall let to another for occupancy any multiple

dwelling, dwelling unit orrooming unit ina structure which does

not comply with the following minimum standards for safe and

Sanitary maintenance:

A.

Structural condition. Every foundation shall be

watertight and rodentproof and shall be kept in good

repair.

Openings to the exterior. Every window, exterior door,

hatchway or skylight shall be effectively weathertight

and watertight and shall be kept in sound working

condition and good repair.

Stairways, porches and balconies. Every stairway,

porch and balcony as well as every appurtenance

thereto shall be so constructed as to be safe to use and

capable of supporting the load that normal use may

cause to be placed thereon and shall be kept in sound

condition and repair.

Storage rooms. Storage rooms in all multiple dwellings

that furnish tenants with lockers for storage shall have

walls and ceilings covered with either Sheetrock or wire

lath with cement plaster having a burn rating of at least

ninety (90) minutes.

§ 93-8. Responsibilities of owners and occupants.

In addition to any specific contractual agreements between

owners and occupants with respect to responsibilities, the

following shall apply:

15a

Appendix A

A. Maintenance of premises.

(1)

(2)

Every adult occupant of a dwelling unit or

rooming unit shall be responsible for maintaining

in clean and sanitary condition the premises

which he occupies or controls. Every owner of a

building containing two (2) or more dwelling and/

or rooming units shall be responsible for

maintaining in clean and sanitary condition the

shared or public areas within and around such

building and premises.

Every dwelling unit in which animals of any kind

are housed must be kept clean and free from

animal droppings and obnoxious odors. In the

event the animals are housed in other accessory

structures, these structures and the surrounding

yard shall be clean and free of animai droppings

and obnoxious odors.

B. Maintenance of equipment. Every occupant of a

dwelling unit or rooming unit shall be responsible for

the exercise of proper care in the use and operation of all

plumbing fixtures, appliances and equipment therein.

Every owner of a building containing two (2) or more

dwelling and/or rooming units shall be responsible for

keeping supplied facilities in proper operating

condition.

C. Waste disposal.

(1) Every occupant of adwelling unit orrooming unit

shall dispose of rubbish, garbage and other refuse

16a

Appendix A

in accordance with the regulations of the Borough

of Glenolden governing such matters.’ In a

structure containing two (2) or more dwelling

and/or rooming units, it shall be the responsibility

of the owner to assure that adequate rubbish and

garbage containers are provided.

(2) Rubbish stored outdoors shall be stored in one (1)

or more rubbish storage containers which are

flytight, rodentproof, nonflammable, waterproof

and weatherproof.

(3) Rubbish stored in the basement or cellar or in an

enclosed structure such as a shed shall be stored in

nonflammable containers.

(4) Noloose rubbish shall be placed upon or strewn

about on the floor of any basement or cellar or

other part of any dwelling or on the ground

surrounding any multiple dwelling.

(5) Garbage is to be wrapped and stored in one (1) or

more flytight and watertight metal garbage

storage containers equipped with tightly fitting

metal covers.

(6) Every outside or inside garbage or rubbish

storage container shall be so maintained and so

located on the premises that no odors will

permeate any dwelling or dwelling units.

7. Editor’s Note: See Ch. 86, Garbage, Rubbish and Refuse.

4H ANT aa GRP PAYA HT Hao HEY ROR E Aa MP BE HONS re REN NAR air he mere

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17a

Appendix A

(7) Noloose garbage shall be placed upon or strewn

about on the floor of any basement or cellar or any

other part of any dwelling or on the ground

surrounding any multiple dwelling.

(8) Waste storage facilities shall be so located and

designed that access can be had at all times by

waste collectors. Parking in front of such

facilities shall be prohibited, aad such prohibition

shall be enforced by the owner.

. Extermination. In a structure containing two (2) or

more dwelling and/or rooming units, the owner and the

operator shall be responsible for such extermination.

Discontinuance of utilities or facilities. No owner,

operator or occupant shall cause any service facility,

equipment or utility which is required to be supplied

under the provisions of this chapter to be removed from,

shut off from or discontinued for any occupied dwelling

unit or rooming unit, except for necessary repairs,

alterations or emergencies, but not to exceed twelve

(12) hours per day, except that the owner shall not be

responsible for such public utility where said owner has

no control over the same.

Occupancy of vacant units. No person shall occupy or

permit to be occupied by another any vacant rental

dwelling unit or rooming unit unless or until itis in good

repair, clean, sanitary, in habitable condition and in full

compliance with all the provisions of this chapter. No

new or converted rental dwelling unit or rooming unit

shall be occupied and no rental dwelling unit or

18a

Appendix A

rooming unit which has been vacated shall be occupied

until a certificate of occupancy is first obtained from the

Housing Officer. Units shall first be inspected by the

Housing Officer before issuing a certificate of

occupancy, to determine whether all of the

requirements of this chapter have been met.

G. Screening. Every owner of a building containing two

(2) or more dwelling and/or rooming units shall be

responsible for providing every operable window, door

or other opening to the exterior with effective screening

protection against mosquitoes, flies and other insects.

H. Sidewalks.

(1) Sidewalks, together with any portion of a

property that is paved and used as a sidewalk or

public walk, shall be kept in good repair, free from

large cracks, raised blocks, depressions or any

condition which could render the sidewalk

hazardous to pedestrian travel.

(2) Sidewalks shall at all times be kept free and clear

of all obstructions to safe and convenient passage.

(3) Tree branches, bushes or any other growth shall

not project over any sidewalk lower than a height

of nine (9) feet, nor shall they protrude in such a

manner as to restrict safe and convenient passage.

§ 93-9. Administration and enforcement.

The Borough Council of the Borough of Glenolden shall

19a

Appendix A

appoint a Housing Officer and such deputies and assistants as are

necessary to enforce the provisions of this chapter. Such

positions may be combined with another position or positions

established in the borough. In order to determine compliance

with and enforce the provisions of this chapter, the following

shall apply:

A. Issuance of certificates of occupancy. [Amended 12-

28-78 by Ord. No. 823, approved 12-28-78; 5-12-88 by

Ord. No. 931, approved 5-12-88]

(1) No person, firm or corporation owning,

managing, conducting or operating a dwelling

unit shall rent, lease, let out or permit the same to

be occupied or shall rerent the same without first

securing the following:

(a) Anannual certificate of occupancy foreach

dwelling unit issued pursuant to the

provisions of this chapter and other

applicable ordinances and rules and

regulations enacted by the Borough

Council.'

(b) In addition to the foregoing, a certificate of

occupancy for every vacant dwelling unit

issued pursuant to the provisions of this

chapter and other applicable ordinances and

rules and regulations enacted by the

Borough Council prior to its occupancy.

1. Editor’s Note: See also § 162-68, Certificates of occupancy.

B.

20a

Appendix A

(2) [Amended 2-14-1991 by Ord. No. 964,

approved 2-14-1991] The Housing Officer and/

or his agent or agents are hereby authorized and

directed to process all applications for certificates

of occupancy and, prior to the issuance of the

same, to determine that all of the requirements of

this chapter and/or of any other applicable

ordinances and rules and regulations enacted by

the Borough Council have been met. The fee for

the issuance of any certificate of occupancy shall

be as follows:

(a) Ifonly one(1) inspection is required prior to

issuance, the fee shall be fifty dollars ($50.).

(b) If more than one (1) inspection is required

prior to issuance, the fee in Subsection

A(2)(a) above shall be increased by the sum

of twenty-five dollars ($25.) for each

additional inspection after the first

inspection.

(3) The fee for the first inspection shall be filed with

the application for the certificate of occupancy,

and any additional fees for additional inspections

shall be paid prior to the issuance of the certificate

of occupancy.

The owner and the operator of any dwelling unit which

has been rented, leased or let out orrerented during any

calendar year shall, on or before February 15 of the

following year, file a list with the Housing Officer

setting forth the number of units occupied as of

2la

Appendix A

December 31 of the reporting year and the names of the

tenants thereof.

. Inspection and access to dwellings. The Housing

Officer or his agents are hereby authorized and directed

to make inspections of the conditions of rental

dwellings, multiple dwelling units, rooming units and

other structures located in the Borough of Glenolden.

Upon display of proper identification, the inspector is

authorized to enter, examine and survey such units and

premises on weekdays between 9:00 a.m. and 4:00 p.m.

or at such other time as may be necessary in an

emergency or as mutually agreed upon by the occupant

and the Housing Officer or one of his agents.

. Access for repairs. Every occupant of arental dwelling

unit or rooming unit shall grant to the owner or his

agents oremployees free access to it at reasonable times

for the purpose of making repairs or alterations to effect

compliance with this chapter.

. Notice of violation.

(1) When the Housing Officer determines that there

exists a violation of any provision of this chapter,

he shall serve written notice of such violation on

the person or persons responsible therefor, as

hereinafter provided:

(2) Such notice shall:

(a) Beputin writing.

22a

Appendix A

(b) Include a statement of the reasons why it is

being issued.

(c) Allow areasonable time forthe performance

of any act it requires.

(d) Be served upon the owner or his agent or

upon the occupant, as the case may require;

provided that such notice shall be deemed to

be properly served upon such person if a

copy thereof is sent by registered or certified

mail to his last known address, or if he is

served by any other method authorized or

required under the laws of this state.

(3) Such notice may contain an outline of remedial

action which, if taken, will effect compliance

with the provisions of this chapter and with rules

and regulations adopted pursuant thereto.

Appeals from notice of violation. Any person affected

by any notice which has been issued in connection with

the enforcement of any provisions of this chapter or of

any rule or regulation adopted pursuant thereto may

request and shall be granted a hearing on the matter

before the Borough Council of Glenolden or a

committee appointed by the Borough Council,

provided that such person shall file in the office of the

Housing Officer a written petition requesting such

hearing and setting forth a brief statement of the

grounds therefor within seven (7) days after the day the

notice was served. Upon receipt of such petition the

Borough Council or its appointed committee shall set a

23a

Appendix A

time and place for such hearing and shall give petitioner

written notice thereof. At such hearing the petitioner

shall be given an opportunity to be heard and to show

why such notice should be modified or withdrawn. The

hearing shall be commenced not later than seven (7)

days after the day on which the petition was filed. After

the hearing the Borough Council or its appointed

committee may sustain, modify or withdraw the notice

of the violation on the basis of the findings at the

hearing and shall give petitioner written notice thereof.

Such proceedings shall be summarized in writing and

shall become a matter of public record in the office of

the Housing Officer. Such record shall also include a

copy of every notice or order issued in connection with

the matter. If the appointed committee hears the

petitioner and makes a decision which the petitioner

rejects, the petitioner shall have the right to appeal to

the entire Borough Council within seven (7) days of

receiving the notice, asking the entire Borough Council

to hear the case and make the ruling. Any person

aggrieved by the decision of the Borough Council may

seek relief therefrom in any court of competent

jurisdiction, as provided by the laws of this state.

. Effective date of notice of violation. Any notice served

pursuant to Subsection E shall automatically become an

order if a written petition is not filed in the office of the

Housing Officer within seven (7) days after such notice

is filed.

. Emergency action. Whenever the Housing Officer finds

that there exists any violation of this chapter which

creates an emergency requiring immediate correction

24a

Appendix A

to protect the health or safety of any occupant of a rental

dwelling or the public, he may issue an order reciting

the existence of such an emergency and requiring that

such action be taken as he deems necessary to meet the

emergency. Notwithstanding the other provisions of

this chapter, such order shall be effective immediately.

Any person to whom such order is directed shall comply

therewith immediately, but upon petition to the

Borough Council shall be afforded a hearing as soon as

possible. After such hearing, depending upon the

findings of the Council as to whether the provisions of

this chapter and of the rules and regulations adopted

pursuant thereto have been complied with, the Housing

Officer shall continue such order in effect, or modify it

or revoke it.

Dwelling units unfit for human habitation. Wheneve:

the Housing Officer finds that a rental dwelling unit

constitutes a serious hazard to the health or safety of the

occupants or to the public because it is dilapidated,

unsanitary, vermin-infested, rodent-infested or lacking

in basic facilities and equipment required by this

chapter, he shall designate such dwelling unit as unfit

for human habitation. Such designation shall be posted

on the dwelling and shall specify the reason for such a

finding. A notice of violation shall also be served in

accordance with the provisions of Subsection E. Any

dwelling unit so designated shall be vacated within a

reasonable time as specified by the Housing Officer and

shall not again be used for human habitation until the

hazard or violation has been eliminated or corrected and

the Housing Officer has removed the designation and

given written approval for occupancy. Areport of any

25a

Appendix A

such closings must immediately be filed with the

Borough Council.

Adoption of rules and regulations. The Borough

Council is authorized to make and adopt such

procedural rules as it may deem necessary for the proper

enforcement of this chapter; provided that such

procedural rules and regulations shall not be in conflict

with the substantive provisions of this chapter. Such

rules and regulations shall have the same force and

effect as the provisions of this chapter, and the penalty

for violation thereof shall be the same as the penaity for

violation of the provisions of this chapter.

. Abatement of violations. If a violation has not been

corrected within the time designated for such

compliance and the Borough Council finds that the

continuation of such violation constitutes a public

nuisance or hazard, it may order the correction of such

violation, using borough funds or borough personnel to

accomplish such corrections, and may charge the cost

thereof to the violator. It may collect such cost by lien

and/or otherwise as may be authorized by the laws of

this state.

Penalty for violations. Any person who violates any

provision of this chapter or any provision of any rule or

regulation adopted by the Borough Council pursuant to

authority granted by this chapter, or fails to correct

within a reasonable time the defects for which the

dwelling or dwellings have been cited, shall, upon

conviction before a District Justice, pay a penalty of not

less than twenty-five dollars ($25.) nor more than three

26a

Appendix-A

hundred dollars ($300.), and in default of payment of

such fine, be imprisoned for not less than one (1) day nor

more than thirty (30) days.®

8. Editor’s Note: Amended at time of adoption of Code; see Ch. 1,

General Provisions, Art. I.

27a

APPENDIX B — NOTICE TO RESIDENTS

GLEN KNOLL MANOR

GLEN WOOD MANOR

GLEN VIEW MANOR

RENTAL OFFICE

200 KAREN CIRCLE e GLENOLDEN, PA 19036 «

215-532-0900

October 7, 1993

RESIDENTS — GLEN KNOLL MANOR

PLEASE BEADVISED THAT THE BUILDING INSPECTOR

FOR THE BOROUGH OF GLENOLDEN WILL BE DOING

THEIR YEARLY INSPECTION ON MONDAY, OCTOBER 18,

1993. SHOULD YOU WISH TO BE HOME, WE WILL BE

STARTING THE INSPECTION AROUND 10:00A.M. IF YOU

WILL NOT BE HOME, ANYONE HAVING A TOP LOCK,

PLEASE LEAVE IT OFF SO THAT WE CAN GAIN ACCESS

TO YOUR UNIT.

SHOULD YOU HAVEANY QUESTIONS, PLEASE DO NOT

HESITATE TO CALL THE OFFICE.

KATHLEEN M. HILL

GLEN VIEW MANOR

28a

APPENDIX C — LETTER FROM MARY D. SMITH TO

THE PRESIDENT OF COUNCIL DATED

OCTOBER 12, 1993

99 E.GLENOLDEN AVE B31]

GLENOLDEN, PA 19036

OCTOBER 12, 1993

PRESIDENT OF COUNCIL

BOROUGH OF GLENOLDEN

36 E. BOON AVE.

GLENOLDEN, PA 19036

DEAR MR. HASSEL,

ON 7 OCTOBER 1993 I RECEIVED THE ENCLOSED

LETTER FROM THE MILLCREEK SERVICE CO. STATING

THE INSPECTOR FOR THE BOROUGH OF GLENOLDEN

WOULD BE CONDUCTING AN INSPECTION OF MY

RESIDENCE ON 18 OCTOBER 1993. PLEASE BEADVISED

I HAVE SERIOUS CONCERNS ABOUT THIS INSPECTION.

THEREFORE, PLEASE ACCEPT THIS COMMUNICATION

AS AFORMALNOTICE THATACCESS TO MY RESIDENCE

IS DENIED UNTIL THIS MATTER IS RESOLVED. ON 12

OCTOBER 1993 MS. K. HILL, GLEN VIEW MANOR, WAS

ADVISED VERBALLY THAT ACCESS WAS NOT

PERMITTED FOR INSPECTION PURPOSES WITH THE

ASSURANCE THAT WRITTEN CONFIRMATION WOULD

FOLLOW, SHORTLY.

UNDER FOIA REGULATIONS, IREQUESTACOPY OF THE

REGULATION OR ORDINANCE THATIS BEING INVOKED

BY THE BOROUGH’S REPRESENTATIVES. THIS

DOCUMENT SHOULD INCLUDE THE PRIMARY

GOVERNMENTALAUTHORITY FOR THE REGULATION/

29a

Appendix C

ORDINANCE AND THE TOTAL PURPOSE, SCOPE, AND

PROCEDURES THAT AREAPPLICABLE. ENCLOSED ISA

PERSONAL CHEQUE FOR THE SUM OF $25.00 TO COVER

THE COSTS OF THIS FOIA REQUEST.

MR. HASSEL, A PORTION OF MY INITIAL POSITION IS

THAT A GOVERNMENTAL BODY SHOULD NOT HAVE

INSPECTION RIGHTS OF MY RESIDENCE (IN

RESIDENCE FOR 21 YRS) WITHOUT PROBABLE CAUSE.

THIS INSPECTION IS CONSIDERED AN INVASION OF

PRIVACY, UNWILLING INCURRENCE OF COST ($50.00

PER UNIT), AND AN INTRUSION OF MY RESIDENCE.

PLEASE FORWARD THE REQUESTED DOCUMENTS TO

THE ABOVEADDRESS. SHOULD ADDITIONAL MONIES

BE REQUIRED TOCOVER THIS FOIA REQUEST, I MAY BE

CONTACTED AT MY RESIDENCE 534-5976 OR BUSINESS

215-737-7482.

IT IS HOPED THAT REVIEW OF THE SUPPORTIVE

REGULATIONS WILL CLARIFY THE SITUATION

EXPEDITIOUSLY. YOUR ASSISTANCE IN THIS MATTER

IS MOST APPRECIATED.

RESPECTFULLY,

s/ Mary D. Smith

MARY D. SMITH

30a

APPENDIX D — LETTER FROM RICHARD C.

TINUCCI TO MARY D. SMITH DATED

OCTOBER 15, 1993

LUSKUS AND TINUCCI

ATTORNEYS AND COUNSELORS AT LAW

MAIN LINE FEDERAL SAVINGS BUILDING

FRONT AND ORANGE STREETS

P.O. BOX 61

MEDIA, PENNSYLVANIA 9063-008 1

215 565-6677

October 15, 1993

Ms. Mary D. Smith

99 E. Glenolden Avenue

B311

Glenolden, Pa. 19036

Re: Borough of Glenolden

Dear Ms. Smith:

Iam Solicitor for the Borough of Glenolden and your letter

of October 12, 1993 is acknowledged. For your reference I have

enclosed a copy of Section 93-1 of the Code for the Borough of

Glenolden which explains the purpose of the applicable Housing

Ordinance. I have also enclosed a copy of Section 93-9 of the

Housing Ordinance where it discusses inspections and Use and

Occupancy certificates. I direct your attention to Section 93-9C

where it discusses inspections and access to dwellings. I believe

that this Ordinance is self explanatory.

I have also enclosed a copy of Section I where it discusses

the penalties for a violation thereof.

3la

Appendix D

It should be noted that this Ordinance is an effect for the

protection of the residents of Glenolden. We make these annual

inspections to assure not only ourselves, but the residents that the

dwellings thereof are safe. I trust that after you read this

information you will agree to the inspection. If you still do not

agree to the inspection, we will proceed in accordance with the

law to not only enforce the inspection, but have penalties

imposed in accordance with the applicable law.

I would ask that you get back to me one way or another

within ten days from the date of this letter.

Very truly yours,

s/ Richard C. Tinucci

RICHARD C. TINUCCI

RCT:C

cc: Mr. George Hassel

Ms. Denise McCartny

Mr. James C. Bailey

Ms. SarahA. Dougherty

32a

Appendix D

HOUSING STANDARDS

Chapter 93

§ 93-1. Purposes.

This chapter is enacted for the following purposes: to

promote and protect the health, safety, morals and general

welfare of the inhabitants of the Borough of Glenolden by

abating overcrowded housing conditions; securing adequate

lighting, heating, ventilation, access and egress; preventing or

correcting unhygienic unsanitary or unsafe conditions which

might constitute a menace to residents of the Borough of

Glenolden.

§ 93-2. Interpretation.

In interpreting and applying the provisions of this chapter,

they shall be held to be the minimum requirements for the

promotion of the public health, safety, morals and general

welfare. Where the provisions of this chapter impose greater

restrictions than those of any other ordinance or regulation, the

provisions of this chapter shall be controlling. Where the

provisions of any statute, other ordinance or regulation impose

greater restrictions than this chapter, the provisions of such

statute, ordinance or regulation shall be controlling.

§ 93-3. Definitions.

Unless otherwise expressly stated, the following words and

phrases shall be construed throughout this chapter to have the

meaning herein indicated. The singular shall include the plural,

and the plural shall include the singular. The present tense shall

include the future tense.

33a

Appendix D

BASEMENT — The portion of any dwelling located partly

underground but having less than half its clear floor-to-

ceiling height below the average grade of the adjoining

ground.

CELLAR — The portion of any dwelling having half or

more than half of its clear floor-to-ceiling height below the

average grade of the adjoining ground.

DWELLING UNIT— Any room or group of rooms located

in a multiple dwelling and forming a single habitable unit

with facilities which are used or intended to be used for

living, sleeping, cooking and eating.

EXTERMINATION — The control and elimination of

insects, rodents or other pests by eliminating their harborage

places; by removing or making inaccessible... .

»*_ * *

§ 93-9

. may be combined with another position or positions

established in the borough. In order to determine compliance

with and enforce the provisions of this chapter, the following

shall apply:

A. Issuance of certificates of occupancy. [Amended 12-

28-78 by Ord. No. 823, approved 12-28-78; 5-12-88 by

Ord. No. 931, approved 5-12-88]

(1) No person, firm or corporation owning,

managing, conducting or operating a dwelling

(2)

34a

Appendix D

unit shall rent, lease, let out or permit the same to

be occupied or shall rerent the same without first

securing the following:

(a) Anannual certificate of occupancy foreach

dwelling unit issued pursuant to the

provisions of this chapter and other

applicable ordinances and rules and

regulations enacted by the Borough

Council.'

(b) In addition to the foregoing, a certificate of

occupancy for every vacant dwelling unit

issued pursuant to the provisions of this

chapter and other applicable ordinances and

rules and regulations enacted by the

Borough Council prior to its occupancy.

[Amended 2-14-1991 by Ord. No. 964,

approved 2-14-1991] The Housing Officer and/

or his agent or agents are hereby authorized and

directed to process all applications for certificates

of occupancy and, prior to the issuance of the

same, to determine that all of the requirements of

this chapter and/or of any other applicable

ordinances and rules and regulations enacted by

the Borough Council have been met. The fee for

the issuance of any certificate of occupancy shall

be as follows:

(a) Ifonly one(1) inspection is required prior to

issuance, the fee shall be fifty dollars ($50.).

35a

Appendix D

(b) If more than one (1) inspection is required

prior to issuance, the fee in Subsection

A(2)(a) above shall be increased by the sum

of twenty-five dollars ($25.) for each

additional inspection after the first

inspection.

(3) The fee forthe first inspection shall be filed with

the application for the certificate of occupancy,

and any additional fees for additional inspections

shall be paid prior to the issuance of the certificate

of occupancy.

. Theownerand the operator of any dwelling unit which

has been rented, leased or let out or rerented during any

calendar year shall, on or before February 15 of the

following year, file a list with the Housing Officer

setting forth the number of units occupied as of

December 31 of the reporting year and the names of the

tenants thereof.

. Inspection and access to dwellings. The Housing

Officer or his agents are hereby authorized and directed

to make inspections of the conditions of rental

dwellings, multiple dwelling units, rooming units and

other structures located in the Borough of Glenolden.

Upon display of proper identification, the inspector is

authorized to enter, examine and survey such units and

premises on weekdays between 9:00 a.m. and 4:00 p.m.

or at such other time as may be necessary in an

emergency or as mutually agreed upon by the occupant

and the Housing Officer or one of his agents.

36a

Appendix D

D. Access forrepairs. Every occupant of a rental dwelling

unit or rooming unit shall grant to the owner or his

agents or employees free access to it at reasonable times

for the purpose of making repairs or alterations to effect

compliance with this chapter.

E. Notice of violation.

(1) When the Housing Officer determines that there

exists a violation of any provision of this chapter,

he shall serve written notice of such violation on

the person or persons responsible therefor, as

hereinafter provided:

(2) Such notice shall:

(a) Beputin writing.

(b) Include a statement of the reasons why it is

being issued.

*. * *

and may charge the cost thereof to the violator. It may

collect such cost by lien and/or otherwise as may be

authorized by the laws of this state.

L. Penalty for violations. Any person who violates any

provision of this chapter or any provision of any rule or

regulation adopted by the Borough Council pursuant to

authority granted by this chapter, or fails to correct

within a reasonable time the defects for which the

dwelling or dwellings have been cited, shall, upon

37a

Appendix D

conviction before a District Justice, pay a penalty of not

less than twenty-five dollars ($25.) nor more than three

hundred dollars ($300.), and in default of payment of

such fine, be imprisoned for not less than one (1) day nor

more than thirty (30) days.®

8. Editor’s Note: Amended at time of adoption of Code: see Ch. 1,

General -rovisions, Art. I.

38a

APPENDIX E — SEARCH WARRANT

COMMONWEALTH OF PENNSYLVANIA

COUNTY OF Delaware

APPLICATION FOR

SEARCH WARRANT

AND AFFIDAVIT

WARRANT CONTROL

E 24147

James Bailey, Building Inspector, Glenolden Boro 36 E. Boon

Ave.

(Name of Affiant — address of private affiant)

being duly sworn (as affirmed) before me according to law,

deposes and says that there is probable cause to believe that

certain property is evidence of or the fruit of a crime or is

contraband or is unlawfully possessed or is otherwise subject to

seizure and is located at particular premises or inthe possession

of particular person as described below.

IDENTIFY ITEMS TO BE SEARCHED FOR AND SEIZED

Apt. B-311 at 99 E. Glenolden Avenue, Glenolden, Delaware

County, Pa. (Apartment of Mary D. Smith)

SPECIFIC DESCRIPTION OF PREMISES AND/OR

PERSONS TO BE SEARCHED (Street and No., Apt. No.,

Vehicle, Safe Deposit Box, etc.):

B-311

99 E. Glenolden Avenue, Glenolden, Pa.

NAME OF OWNER, OCCUPANT OR POSSESSOR OF SAID

PREMISES TO BE SEARCHED

Mary D. Smith

39a

Appendix E

VIOLATION OF

Violation of Chapter 93, Section 9 of the Code for Glenolden

(failure to allow inspection of property)

DATE OF VIOLATION

1/93 to date

PROBABLE CAUSE BELIEF IS BASED ON THE

FOLLOWING FACTS AND CIRCUMSTANCES

The Borough of Glenolden has an Ordinance which requires an

annual inspection of all apartment dwelling units. The Borough

has conducted the annual inspections of every other unit in the

multi-family apartment complex other than the unit specified.

Despite requests or access, the inspections have been refused by

the occupant of this particular rental unit.

The purpose of the inspection is to prevent sub-standard

conditions and assure a safe and sanitary environment in

compliance with the local codes for the protection of the

occupaant of the unit in question as well as the health, safety and

welfare of the adjacent occupants and the occupants of the

complex. Date of last inspection March 9, 1992

s/ James Bailey Glenolden Boro Hall 36E. Boon Ave. Glenolden

Signature of Affiant Address of Private Affiant

Sworn to and subscribed before me this 24th day of FEB 1994

Office 1555 Elmwood Ave

Address Follcoft, PA

40a

Appendix E

s/ Peter P. Tozer

Signature of Issuing Authority (SEAL)

Msg. Dist. No. 32-2-42

TO LAW ENFORCEMENT OFFICER: WHEREAS, facts have

been sworn to or affirmed before me by written affidavit(s) attached

hereto from which I have found probable cause, I do authorize you

to search the premises or person (described on the reverse side), and

to seize, secure, inventory, and make return according to the

Pennsylvania Rules of Criminal Procedure, the items described on

the reverse side.

Q This warrant should be served as soon as practicable but inno

event later than 9:30 A.M. 2/26, 1994 and shall be served only during

daytime hours of 6 A.M. to 10 P.M.

Issued under my hand this 24th day of FEB, 1994, at 9:30 A.M.

o’clock

(SEAL) s/ Peter P. Tozer

(Signature of Issuing Authority)

Mag. Dist. No. 32-2-42 Office Address 1533 Elmwood Ave

Folcroft, PA Phone No. 583-1664

Date Commission Expires ] st Monday of Jan. 2000

Title of Issuing Authority, District Justice