[Ord. 1944, 8/12/2002, § 6; as amended by Ord.
2078, 10/12/2010, § 8; and by Ord. 2137, 6/8/2015]
A residential rental license, as more specifically defined and described in Part 2, Registration and Licensing of Residential Rental Units, of Chapter 11, Housing, shall be required for each residential rental unit biennially (at least once every 24 months), unless the residential rental unit is exempt as defined in § 204 of Chapter 11 or is a short-term rental unit.[1] Short-term residential rental units shall continue to
require an annual inspection.
A.
For licensing purposes, the Licensing and Inspections Officer shall
fully inspect each residential rental unit biennially, upon a property
transfer, upon a complaint that a violation has occurred, or where
the Licensing and Inspections Officer has reasonable cause to believe
that a violation is occurring.
B.
Prior to initial occupancy of newly constructed or newly created
or substantially rehabilitated residential rental units, the owner,
operator, responsible agent or manager of each residential rental
unit shall register with and make application to the Licensing and
Inspections Officer for a residential rental license as herein provided.
Such unit will be exempt from further inspection, unless a complaint
of violation has occurred, or a code enforcement officer has probable
cause to believe that a violation has occurred, or in the event of
a property transfer. Absent property transfer or complaint of violation,
it is the intent of this section to inspect all residential rental
units biennially. Initial inspections will occur in accordance with
a phased-in systematic inspection program to be prepared and made
available upon request by the Department of Licensing and Inspections.
The penalty for not allowing an inspection shall be revocation of
the residential rental registration and/or the residential rental
license.
[1]
Editor's Note: Section 12 of Ord. 2137 provided: "Notwithstanding
anything to the contrary contained in this ordinance, the initial
cycle for the first biennial inspection will be for a period of 30
months and begin July, 1, 2015, and conclude December 31, 2017. During
this 30 months, a change in tenancy in any residential rental unit
shall require an inspection of the residential rental unit. Thereafter,
the biennial inspection cycle shall commence January 1, 2018, as described
in this ordinance and the requirement for an inspection and issuance
of a residential rental license on a change in tenancy shall terminate."
[Ord. 1944, 8/12/2002, § 6; as amended by Ord.
2137, 6/8/2015]
If the Licensing and Inspections Officer, upon completion of
the inspection, finds that the applicable codes have not been met,
a notice of violation shall be issued.
A.
Notices of violation and the procedure for remedial action of said violations will be addressed as set forth in § 215, "Violations and Penalties," of Chapter 1, "Administration and Government," of the Code of Ordinances of the Borough of Pottstown, as amended.
B.
If, after the expiration of the notice provision or any extensions
thereof, the second reinspection reveals that all violations have
not been corrected, the residential rental registration or the residential
rental license for the residential rental unit shall be revoked, and
if the residential rental unit is vacant, it shall remain vacant.
C.
A fee will be charged for the initial inspection and for each reinspection
after the second reinspection. The Department of Licensing and Inspections
shall maintain a list of all residential rental units and their ownership
that have been the subject of prosecution before the District Justice
during the preceding five years.
[Ord. 1944, 8/12/2002, § 6; as amended by Ord.
2078, 10/12/2010, § 9]
1.
A residential
rental license shall be issued if the residential rental unit meets
the following conditions:
B.
The owner,
operator or manager provides the name of a designated responsible
agent (if applicable).
C.
The owner,
operator, designated responsible agent or manager pays the license
inspection and reinspection (if applicable) fee(s).
D.
The owner,
operator, designated responsible agent or manager is current on water,
sewer and trash fees, real estate taxes, and any and all clean and
lien charges for the residential rental unit.
E.
The uses of the property are in compliance with the Zoning Ordinance [Chapter 27] of the Borough of Pottstown.
F.
The owner,
operator, designated responsible agent or manager has submitted a
complete and accurate tenancy report for each residential rental unit.
G.
The owner,
operator, designated responsible agent or manager has submitted proof
of a written rental agreement and proof of general liability insurance
for the residential rental unit.
H.
The owner,
operator, designated responsible agent or manager has paid in full
any fines and costs arising from enforcement of this Part or any of
the ordinances of the Borough of Pottstown relating to land use and/or
code enforcement.
2.
A residential
rental license shall be reissued if the residential rental unit satisfies
the conditions in Subsections B through H above and has no open code
violations.
[Ord. 1944, 8/12/2002, § 6; as amended by Ord.
2078, 10/12/2010, § 10; and by Ord. 2137, 6/8/2015]
A residential rental license shall be revoked if the owner or operator of a residential rental unit does not provide the name of the designated responsible agent (if applicable); does not correct code violations found in response to a complaint within the time frame cited by the Licensing and Inspections Officer; is not current on water, sewer and trash fees, real estate taxes, and/or clean and lien charges for the residential rental unit; changes the uses of the property so as to no longer be in compliance with the Zoning Ordinance [Chapter 27] of the Borough of Pottstown; does not submit a complete and accurate occupant listing by residential rental unit by January 31 of each year, whenever appropriate; and/or has not complied with the disruptive conduct provision of this Part, as described in Chapter 11, § 203.3. If the residential rental license is revoked and the residential rental unit is vacant, it shall remain vacant.
[Ord. 1944, 8/12/2002, § 6; as amended by Ord.
2078, 10/12/2010, § 11]
A residential rental license shall be reinstated if the owner
or operator of a residential rental unit corrects all the reasons
for the revocation of the residential rental license, has paid the
license reinstatement fee, and has provided to the Borough a security
deposit in the amount of $500 to be held by the Borough, for the following
twelve-month period, to ensure compliance with all Borough ordinances
and to further ensure timely payment of all water, sewer and trash
fees, real estate taxes and clean and lien charges. At the conclusion
of the twelve-month period, if the owner or operator of the residential
rental unit is in compliance with all Borough ordinances and has paid
timely all water, sewer, trash fees, real estate taxes, and clean
and lien charges, the security deposit shall be refunded to the owner.
[Ord. 1944, 8/12/2002, § 6]
A residential rental license shall not be transferred. In the
case of licensed residential rental units that are sold or transferred,
the new owner shall apply for a residential rental license for each
residential rental unit and each residential rental unit inspected.
Failure to seek a residential rental license for each residential
rental unit within 60 days of the date of sale or transfer of ownership
shall result in revocation of the residential rental license.
[Ord. 1944, 8/12/2002, § 6; as amended by Ord.
2137, 6/8/2015]
2.
Disruptive Conduct Appeals. Any person aggrieved by any decision of the Licensing and Inspections Officer in regard to a disruptive conduct report or the revocation of a residential rental license based upon disruptive conduct violations, may appeal to the Disruptive Conduct Board of Appeals. Such appeal must be filed, in writing, within 30 working days from the date of the alleged disruptive conduct or notice of revocation. The Code Hearing Board shall serve as the Disruptive Conduct Board of Appeals and shall follow the procedure for hearings and appeals as set forth in Chapter 1, § 216(4) of the Code of Ordinances of the Borough of Pottstown.
[Ord. 1944, 8/12/2002, § 6]
This Part shall become effective June 1, 2003.
[Ord. 1944, 8/12/2002, § 7]
1.
Residential Rental License and Registration Fees. All fees established
in this Part shall be set by resolution of Borough Council from time
to time. The applicable types of fees are as follows:
A.
Registration. The fee for a residential rental registration as set
forth and required by § 701 above.
B.
Licensing. The fee required for a residential rental license which
shall be payable per each residential rental unit.
C.
Reinspections. The fee for any subsequent inspection and all subsequent
reinspections per residential rental unit.
D.
Reinstatement. The fee to reinstate a revoked residential rental
registration or a residential rental license on a per residential
rental unit basis.
2.
Penalties.
A.
Revocation of Residential Rental Registration or Residential Rental
License. A fine of not less than $600 per residential rental unit
for each month the violation exists. Each month the violation exists
constitutes a separate violation. A fine shall not be sought for any
period during which the residential rental unit is vacant and the
owner, operator, responsible agent or manager is taking appropriate
action to correct the violations.
B.
Failure to Register or Failure to Seek a Residential Rental License.
Failure to register or failure to seek a residential rental license
(for newly constructed, newly created or substantially rehabilitated
residential rental units):
(1)
The owner, responsible agent or manager shall be sent a thirty-day
notice of violation, warning them of their failure to comply with
the terms of this Part. If they do not comply at the end of 30 days,
there shall be a fine of not less than $600 per residential rental
unit for each month the violation exists. Each month the violation
exists constitutes a separate violation.
(2)
Whoever violates any provision of this Part or any Section of this
Part shall upon a first offense be fined not more than $1,000 or imprisoned
not more than 90 days, or both.
(3)
If, after any conviction for violation of this Part or any lawful
order issued pursuant thereto, such person continues violation, then
such person shall be liable for further prosecution, conviction and
punishment without any necessity of the Licensing and Inspections
Officer to issue a new notice of violation or order, and until such
violation has been corrected.
[Amended by Ord. 2137, 6/8/2015]
(4)
In addition to prosecution of persons violating this Part, the Licensing
and Inspections Officer or any duly authorized agent of the Borough
may take such civil or equitable remedies in any court of record of
the Commonwealth of Pennsylvania, against any person or property,
real or person, to effect the provisions of this Part.
[Amended by Ord. 2137, 6/8/2015]
