[HISTORY: Adopted by the Borough Council
of the Borough of Malvern 5-18-2004 by Ord. No. 2004-2 (Part 6, Ch. 2, Art.
C, of the 1975 Code of Ordinances). Amendments noted where applicable.]
The purpose of this chapter is to insure fair
and equal treatment of all of the residents of Malvern Borough, Chester
County, Pennsylvania. It is enacted to require each owner of each
rental unit to report to the Borough the names of each adult resident.
This chapter is enacted to provide for the uniform and equitable distribution
of the tax levies within the Borough, and to promote the health, safety
and general welfare of the residents of the Borough.
This chapter is adopted to secure the fair imposition
of the earned income tax burden in accordance with the Local Tax Enabling
Act, Act of December 31, 1965, 53 P.S. § 6901 et seq. It
is adopted in accordance with the Borough Code, 53 P.S. § 46007,
as well as 53 P.S. § 46006(3), as a regulation necessary
for the proper management of the Borough and its finances, and the
maintenance of peace, good government, health and welfare of the Borough
and its citizens.
As used in this chapter, the following terms
shall have the meanings indicated:
The person or persons in whose name or names the property
on which the rental unit is located is recorded in the Office of the
Recorder of Deeds of Chester County, as reflected on the tax duplicate
issued by the Office of Tax Assessment of Chester County.
An individual, corporation, partnership, limited liability
company, trust, estate, association or other legal entity capable
of holding title to real estate.
A parcel of real estate located wholly or partially within
the Borough of Malvern, Chester County, to which a Tax Parcel Identification
Number has been assigned by the Office of Tax Assessment of Chester
County, Pennsylvania.
Any space located within a building and made available to
rent for human occupancy under a written lease, an oral lease, or
other rental agreement, regardless of the term of the rental or lease.
The term includes a boarding house, but excludes units within a motel,
hotel, or bed-and-breakfast rented by the day for transient occupancy.
An annual rental license must be obtained for any rental unit intended
for occupancy, even if vacant. Any rental unit that exists as a valid
nonconforming use under the terms of the Zoning Officer shall be deemed
"abandoned" if no annual rental license is maintained.
[Amended 8-3-2021 by Ord. No. 2021-4]
[Amended 5-21-2013 by Ord. No. 2013-3]
A.
It shall be the duty of each and every owner of any rental unit situated
within the Borough to prepare and file an annual application for a
housing license, which shall contain the complete name and address
of each adult person who is currently residing, or during the preceding
year resided, in each rental unit owned by the person required to
file the application.
B.
It shall likewise be the duty of each and every owner of any rental
unit to notify the Borough whenever a rental unit that was previously
occupied becomes vacant.
C.
It shall be unlawful for an owner to rent, to receive rental income
from, or to offer for rent any newly created or vacated and re-let
rental unit without first obtaining a housing license after applying
for said license. The housing license does not replace the certificate
of occupancy, which is required whenever a rental unit is re-let after
being vacant.
D.
Rental units shall be subject to a safety inspection at least once
every five years in the event that the same tenant(s) have been in
occupancy. Such inspections shall be undertaken pursuant to the International
Property Maintenance Code. An inspection of a rental unit may be required
by the Codes Enforcement Officer in the event of tenant or neighbor
complaints about a particular structure or area of rental properties,
and/or as indicated by fire and police calls for service or public
complaints made to the Borough.
E.
The property owner or his agent must certify to the truthfulness
and accuracy of the information provided in the application for a
housing license with penalties for false representations to authorities.
F.
No owner of a rental unit shall be issued a housing license if the
owner has outstanding fees or fines due and owing to the Borough of
Malvern.
G.
A housing license may be denied or may be revoked by the Borough
of Malvern if the rental unit is found to be unlawful or unsafe pursuant
to any zoning, construction, property maintenance or other applicable
ordinance or code. If a housing license is denied or revoked the Borough
of Malvern shall notify the owner or owner's agent, in writing, of
the denial and the reasons therefor, and provide an opportunity to
appeal the decision under the terms of the applicable ordinance or
code.
H.
The fees for initial housing licenses and annual housing licenses
shall be set by resolution of Borough Council.
[Amended 8-3-2021 by Ord. No. 2021-4]
Each owner is required to submit the license application and
fee to the Borough on the following schedule:
A.
Within
60 days of the Borough's mailing of the annual occupancy reporting
form and license application.
B.
Within
15 days after a tenant, occupier, resident, renter and/or lessee has
removed from any unit.
C.
Within
15 days after a new tenant, occupier, resident, renter and/or lessee
has moved into any unit.
A.
Any person
who shall violate or fail, neglect, or refuse to comply with any of
the provisions of this chapter shall, in addition to any other penalties
provided by law, upon conviction before the District Justice, be sentenced
to a fine of not more than $600, and the costs of prosecution thereof,
for each and every offense. The continuation of an offense against
the provisions of this chapter, for each day the offense is continued,
shall constitute a separate and distinct offense.
The effective date of this chapter is five days
after its passage.
If any section, clause, or sentence of this
chapter is found to be unconstitutional, illegal, or invalid, such
unconstitutionality, illegality, or invalidity shall not affect or
impair the remaining sections, clauses or sentences of this chapter.
