[Ord. 1227, 6/14/1999, § I; as amended by Ord. 1261-01, 12/10/2001, §§ 1, 2; by Ord. 1323-06, 11/13/2006, §§ 1, 2; and by Ord. 1384-10, 10/25/2010]
1. 
Purpose/Scope/Declaration of Policy and Findings.
A. 
It is the purpose of this Part and the policy of the Borough Council of the Borough of Gettysburg, in order to protect and promote the public health, safety and welfare of its citizens, to establish rights and obligations of owners and occupants relating to the rental of certain dwelling units in the Borough of Gettysburg and to encourage owners and occupants to maintain and improve the quality of rental housing within the community. It is also the policy of the Borough that owners, managers and occupants share responsibilities to obey the various codes and ordinances adopted to protect and promote public health, safety and welfare. It is further the policy of the Borough to protect the quality of life of those Borough residents who live within traditionally residential neighborhoods in which existing housing has been converted into non-owner-occupied rental properties. It is also the policy of the Borough to maintain the high quality of its housing stock and to further protect the value of its housing stock. As a means to those ends, this Part provides for a system of inspections, issuance and renewal of occupancy licenses and sets forth penalties for violations. This Part shall be liberally construed and applied to promote its purposes and policies.
B. 
In considering the amendment of this Part, the Borough Council of the Borough of Gettysburg makes the following findings:
(1) 
There is a greater incidence of violations of various codes and ordinances of the Borough at residential properties where owners do not reside in the Borough and rent such properties to one or more individuals than at owner-occupied residential properties.
(2) 
There is a greater incidence of problems with the maintenance and upkeep of residential properties where owners do not reside in the Borough and rent such properties to one or more individuals than at owner-occupied residential properties.
(3) 
There is a greater incidence of disturbances which adversely affect the peace and quiet of the neighborhood at residential properties where owners do not reside in the Borough and rent such properties to one or more individuals than at owner-occupied residential properties.
2. 
Definitions. As used in this Part, the following terms shall have the meanings indicated:
BOARD
The Code Enforcement Appeals Board of the Borough of Gettysburg, Adams County, Pennsylvania, as authorized in Chapter 1, Part 1C, of the Code of Ordinances of the Borough of Gettysburg.
BOROUGH
The Borough of Gettysburg, Adams County, Pennsylvania.
CODE(S)
Any code or ordinance adopted, enacted and/or in effect in and for the Borough of Gettysburg concerning fitness for habitation or the construction, maintenance, operation, occupancy, use or appearance of any premises or dwelling unit.
CODE ENFORCEMENT OFFICER
The code official charged with the administration and enforcement of this code, or any duly authorized representative of the Borough.
COMMON AREA
In multiple unit dwelling, space which is not part of a regulated rental unit and which is shared with other occupants of the dwelling whether they reside in a regulated rental unit or not. Common areas shall be considered as part of the premises for the purposes of this Part.
DISRUPTIVE CONDUCT
Any form of conduct, action, incident or behavior perpetrated, caused or permitted by an occupant or visitor of a regulated rental unit that is so loud, untimely (as to hour of the day), offensive, riotous or that otherwise disturbs other persons of reasonable sensibility in their peaceful enjoyment of their premises such that a report is made to police and/or to the Code Enforcement Officer complaining of such conduct, action, incident or behavior. It is not necessary that such conduct, action, incident or behavior constitute a criminal offense, nor that criminal charges be filed against any person in order for a person to have perpetrated, caused or permitted the commission of disruptive conduct. "Disruptive conduct" shall not be deemed to have occurred unless the Code Enforcement Officer or the Police shall investigate and make a determination that such did occur and keep written records, including a disruptive conduct report, of such occurrence.
DISRUPTIVE CONDUCT REPORT
A written report of disruptive conduct on a form to be prescribed therefor; to be completed by the Code Enforcement Officer or police, as the case may be, who investigates an alleged incident of disruptive conduct and which shall be maintained by the Code Enforcement Officer.
DWELLING
A building having one or more dwelling units.
DWELLING UNIT
A single unit providing complete, independent living facilities for one or more persons, including permanent provisions for living, sleeping, eating, cooking and sanitation.
GUEST(S)
A person or persons on the premises with the actual or implied consent of an occupant.
LANDLORD
Any person, agent or operator having a legal or equitable interest in a regulated rental unit who leases a regulated rental unit to a tenant or tenants.
MANAGER
An adult individual designated by the owner of a regulated rental unit under § 4-302(2) herein. The manager shall be the agent of the owner for service of process and receiving notices or demands and to perform the obligations of the owner under this Part and under rental agreements with occupants.
MULTIPLE-UNIT DWELLING
A building containing two or more independent dwelling units including, but not limited to, double houses, row houses, town houses, condominiums, apartment houses and conversion apartments.
OCCUPANCY LICENSE
The license issued to the owner of a regulated rental unit under this Part, which is required for the lawful rental and occupancy of a regulated rental unit.
OCCUPANT
An individual, whether or not the legal owner of record, who resides in a regulated rental unit under a legal relationship with the owner or landlord as established by a written or verbal lease or otherwise by the laws of the Commonwealth of Pennsylvania.
OCCUPANCY LICENSE
The license issued to the owner of a regulated rental unit under this Part, which is required for the lawful rental and occupancy of a regulated rental unit.
OWNER
Any person, agent or operator having a legal or equitable interest in a regulated rental unit property who leases a regulated rental unit to a tenant or tenants, or otherwise having legal control of the property, including, but not limited to the guardian of the estate of the property owner, or the executor or administrator of the estate of a property owner, or mortgage holder in possession of a regulated rental unit.
OWNER-OCCUPIED DWELLING UNIT
A dwelling unit in which the owner resides on a regular, permanent basis.
OWNER-OCCUPIED DWELLING UNIT
A dwelling unit in which the owner resides on a regular, permanent basis.
PERSON
A natural person, partnership, limited partnership, corporation, limited liability company, trust or any other entity or an unincorporated association.
POLICE
The Police Department of the Borough of Gettysburg, or any properly authorized member or officer thereof in any other law enforcement agency having jurisdiction within the Borough of Gettysburg.
PREMISES
Any parcel of real property in the Borough, including the land and all buildings and appurtenant structures or appurtenant elements on which one or more regulated rental units are located.
REGULATED RENTAL UNIT(S)
A dwelling unit occupied by any person(s) other than the owner under a rental agreement; provided, however, that any dwelling unit within the Borough's Institutional District as that district is respectively delineated and defined on the Gettysburg Borough Zoning Map and in the Gettysburg Borough Zoning Ordinance [Chapter 27], as amended, shall be specifically excluded from this definition of a regulated rental unit and shall not be subject to any provisions of this Part.
RELATED
Of or pertaining to two or more natural persons related to one another by blood, marriage, adoption or formal foster relationship to result in one of the following relationships: brother, sister, parent, child, grandparent, great grandparent, grandchild, great grandchild, uncle, aunt, niece, nephew, sister-in-law, brother-in-law, parent in-law or first cousin. This term shall not include relationships such as second, third or fourth cousins.
RENTAL AGREEMENT(S)
An agreement establishing a written or verbal residential lease of a regulated rental unit or units by and between an owner or landlord and an occupant or tenant.
TENANT
An individual who resides in a regulated rental unit under a legal relationship with the owner or landlord as established by a written or verbal lease or otherwise by the laws of the Commonwealth of Pennsylvania.
UNRELATED
Of or pertaining to two or more persons not related to one another through blood to the level of second cousins, adoption or marriage.
[Ord. 1227-99, 6/14/1999, § II; as amended by Ord. 1323-06, 11/13/2006, § 3; and by Ord. 1384-10, 10/25/2010]
1. 
General.
A. 
It shall be the duty of every owner to keep and maintain all regulated rental units in compliance with the applicable codes and provisions of all other applicable State laws and regulations and local ordinances and to keep such property in good and safe condition.
B. 
As provided for in this Part, every owner shall be responsible for regulating the proper and lawful use and maintenance of every dwelling which he, she or it owns. As provided for in the Part, every owner shall also be responsible for regulating the conduct and activities of the occupants of every regulated rental unit which he, she or it owns in the Borough, which conduct or activity takes place at such regulated rental unit or its premises.
C. 
In order to achieve those ends, every owner of a regulated rental unit shall regulate the conduct and activity of the occupants thereof, both contractually and though enforcement, as more fully set forth below.
D. 
This Section shall not be construed as diminishing or relieving, in any way, the responsibility of the occupants or their guests for their conduct or activity; nor shall it be construed as an assignment, transfer or projection over or onto any owner of any responsibility or liability which occupants or guests may have as result of their conduct or activity under any private cause of action, civil or criminal enforcement proceeding or criminal law; nor shall this section be construed so as to require an owner to indemnify or defend occupants or their guests when any such action or proceeding is brought against the occupant based upon the occupant's conduct or activity. Nothing herein is intended to impose any additional civil/criminal liability upon an owner other than that which is imposed by existing law.
E. 
This Part is not intended to, nor shall its effect be, to limit any other enforcement remedies which may be available to the Borough against an owner, occupant or guest thereof.
2. 
Designation of Manager. Every owner, who is not a full-time resident of the Borough of Gettysburg and who does not reside within Adams County, Pennsylvania, shall designate a manager who shall reside or who shall actively maintain an office within 40 miles of the regulated rental unit or units located within the Borough. If the owner is a corporation, a manager shall be required if an officer of the corporation does not reside in Adams County. If a corporate officer does reside in Adams County, said officer shall perform the same function as a manager. If the owner is a partnership, a manager shall be required if a partner does not reside in Adams County. If a partner does reside in Adams County, said partner shall perform the same function as a manager. The manager shall be the agent of the owner for service of process and receiving of notices and demands, as well as for performing the obligations of the owner under this part and under rental agreements with occupants. The identity, address and telephone number(s) of a person who is designated as a manager hereunder shall be provided by owner or manager to the Borough and such information shall be kept current and updated as it changes.
[Amended by Ord. No. 1455-18, 12/10/2018]
3. 
Maintenance of Premises.
A. 
The owner shall maintain the premises in compliance with the applicable codes of the Borough and shall regularly perform all routine maintenance, including lawn mowing, ice and snow removal and litter removal and shall promptly make any and all repairs necessary to fulfill this obligation.
B. 
In no case shall the existence of any agreement between the owner and the occupant(s) relieve an owner of any responsibility under this Part or other ordinances or codes for maintenance of premises.
4. 
Common Areas. Where an owner does not regulate the use of common areas and the behavior of occupants and guests in the common areas, the owner shall be directly responsible for the behavior of occupants and guests in the common areas as if the owner were an occupant.
5. 
Enforcement.
A. 
Within 10 days after receipt of written notice from the Code Enforcement Officer that an occupant of a regulated rental unit has violated a provision of this Part, the owner shall take immediate steps to remedy the violation and take steps to assure that there is not a reoccurrence of the violation.
B. 
Within 20 days after receipt of a notice of violation, the owner shall file with the Code Enforcement Officer a report (on a form provided by the Borough), setting forth what action the owner has taken to remedy the violation and what steps he or she has taken to prevent the reoccurrence of the violation. The report shall also set forth a plan as to steps the owner will take in the future if the violation reoccurs.
C. 
The Code Enforcement Officer shall review the report and, if adequate steps have been taken and the plan is adequate to address future violations, shall approve the plan. The owner shall, on his or her initiative, enforce the plan and failure to do so shall be a violation of this Part.
D. 
In the event that a second violation occurs within the license year involving the same occupant(s), the Code Enforcement Officer may direct the owner to evict the occupant(s) who violated this Part and to not permit the evicted occupant(s) to occupy the premises during the subsequent licensing period.
6. 
Code Violations. Upon receiving notice of any code violations from the Code Enforcement Officer, the owner shall promptly take action, or cause the necessary action to be taken, to abate the offending condition and eliminate the violation.
7. 
Borough Can Make Repairs. In the case where the owner of premises shall neglect, fail or refuse to comply with any notice from the Borough or its Code Enforcement Officer to correct a violation relating to maintenance and repair of the premises under any code(s) within the period of time stated in such notice, the Borough may cause the violation to be corrected. There shall be imposed upon the owner a charge of the actual costs involved, plus 10% of said costs for each time the Borough shall cause a violation to be corrected and the owner of the premises shall be billed after same has been completed. Any such bill which remains unpaid and outstanding after the time specified therein for payment shall be grounds for the imposition of a municipal lien upon the premises as provided by law. Such a lien may be reduced to judgment and enforced and collected as provided by law, together with interest at the legal rate and court costs. The remedies provided by this paragraph are not exclusive and the Borough and its Code Enforcement Officer may invoke such other remedies available under this Part or other applicable codes, ordinances or statutes including, where appropriate, condemnation proceedings or declaration of premises as unfit for habitation or suspension, revocation or nonrenewal of the license issued hereunder.
8. 
Inspections. The Code Enforcement Officer shall make all of the required inspections or shall accept reports of inspections by approved agencies or individuals. All reports of such inspections shall be in writing and be certified by a responsible officer of such approved agency or by the responsible individual. The Code Enforcement Officer is authorized to engage such experts as deemed necessary to report on such should technical issues arise in the inspection process beyond the expertise of the Code Enforcement Officer, subject to the approval of the Borough.
[Ord. 1227-99, 6/14/1999, § III; as amended by Ord. 1323-06, 11/13/2006, § 4; and by Ord. 1384-10, 10/25/2010]
1. 
General. The occupant(s) shall comply with all obligations imposed upon the occupant(s) by this Part, all applicable codes and ordinances of the Borough and all applicable provisions of State law.
2. 
Health and Safety Regulations.
A. 
The maximum number of persons permitted in any regulated rental unit at any time shall not exceed one person for each 40 square feet of habitable floor space in said regulated rental unit. The maximum number of persons permitted in the common areas of any multiple-unit dwelling at any time shall not exceed one person for each 15 square feet of common areas on the premises.
B. 
The occupant(s) shall dispose from their regulated rental unit all rubbish, garbage and other waste in a covered trash container, and separate and place for collection all recyclable materials, in compliance with the recycling plan submitted by the owner to the Borough under its Solid Waste and Recycling Ordinance or, if there is no recycling plan for the premises, then in compliance with the Borough's Solid Waste and Recycling Ordinance and all other applicable ordinances, laws and regulations.
3. 
Peaceful Enjoyment. The occupant(s) shall conduct themselves and require other person(s) including, but not limited to, guests on the premises and within his or her regulated rental unit with his or her consent, to conduct themselves in a manner that will not disturb the peaceful enjoyment of adjacent or nearby dwellings by the person(s) occupying the same.
4. 
Residential Use. The occupant(s) shall, unless otherwise permitted by applicable law or ordinance, occupy or use their regulated rental unit for no other purpose than as a residence.
5. 
Illegal Activities. The occupant(s) shall not engage in, nor tolerate nor permit others on the premises to engage in, any conduct declared illegal under the Pennsylvania Crimes Code (18 Pa.C.S.A. § 101, et seq.) or Liquor Code (47 P.S. § 1-101 et seq.), or the Controlled Substance, Drug, Device and Cosmetic Act (35 P.S. § 780-101 et seq.)
6. 
Disruptive Conduct.
A. 
The occupant(s) shall not engage in nor tolerate nor permit others on the premises to engage in disruptive conduct or other violations of this Part.
B. 
When a police officer or the Code Enforcement Officer investigates an alleged incident of disruptive conduct, he or she shall complete a disruptive conduct report upon a finding that the reported incident did, in his or her judgment, constitute "disruptive conduct" as that term is defined in this Part. The information completed on said report shall include, if possible, the identity or identities of the alleged perpetrator(s) of the disruptive conduct and all other obtainable information including the factual basis for the disruptive conduct requested on the prescribed form. Where the police made such investigation, said police officer shall hen submit the completed disruptive conduct report to the Code Enforcement Officer. In all cases, the Code Enforcement Officer shall mail a copy of the disruptive conduct report to the owner or manager within three working days of the occurrence of the alleged disruptive conduct, whether the person making the investigation on behalf of the Borough is the Code Enforcement Officer or a police officer.
7. 
Inspection of premises and right of entry. The tenant(s) or occupant(s) shall permit inspections of the premises and the regulated rental unit by the Code Enforcement Officer at reasonable times and upon reasonable notice to the owner. If the tenant(s) or occupant(s) wrongfully deny the Code Enforcement Officer from completing an inspection of the premises or regulated rental unit, the Code Enforcement Officer may apply for a search warrant to inspect the premises, pursuant to § 4-304 of this Part. Pursuant to this provision, the Code Enforcement Officer is authorized to enter a structure or regulated rental unit for the purposes of conducting an inspection under this Part subject to the constitutional restrictions on unreasonable searches and seizures.
[Ord. 1227-99, 6/14/1999, § IV; as amended by Ord. 1261-01, 12/10/2001, § 3; by Ord. 1323-06, 11/13/2006, §§ 5, 6; and by Ord. 1384-10, 10/25/2010]
1. 
License Requirement.
A. 
As a prerequisite to entering into a rental agreement or permitting the occupancy of any regulated rental unit (except as provided in § 4-304(1) (C) below), the owner of every such regulated rental unit shall be required to apply for and obtain a license for each regulated rental unit.
B. 
A license shall be required for all regulated rental units.
C. 
The following categories or rental properties shall not require licenses and shall not, therefore, be subject to the permitting provision of this Part.
(1) 
Owner-occupied dwelling units provided that not more than two unrelated individuals, in addition to the immediate members of the owner's family, occupy the dwelling unit at any given time.
(2) 
Hotels and motels.
(3) 
Hospitals and nursing homes.
(4) 
Dwellings in which a bed and breakfast use is made.
(5) 
Dwelling units which are occupied by a person or persons who are related to the owner.
D. 
A license shall not be required for multiple-unit dwellings, although a license shall be required for each regulated rental unit within the structure. The foregoing notwithstanding, all other provisions of this Part shall apply to the common areas of the structure.
E. 
The application for the license shall be in a form as determined by the Borough.
F. 
The owner shall maintain a current list of occupants in each regulated dwelling unit, which shall include the name, permanent address and permanent telephone number of each occupant. The owner shall furnish the list of current occupants to the Borough upon request.
G. 
A license shall not be transferable. Any transfer of ownership in a regulated rental unit shall require that the new owner procure a new license for continued rental.
2. 
Annual License Term, Fee and Occupancy Limit.
A. 
Each license shall have an annual term.
B. 
Upon application for a license and prior to issuance or renewal thereof, each applicant shall pay an annual license fee and an inspection fee, if an inspection is necessary, in amounts to be established from time to time by resolution of the Borough Council, to either the Borough or, if the Borough so designates, to the company which employs its duly authorized Code Enforcement Officer. Such resolution may provide for more than one fee scale for different categories of regulated rental units, to be more specifically set forth in the resolution.[1]
[1]
Editor's Note: The current resolution is on file in the office of the Borough Secretary.
C. 
No license shall be issued if the owner has not paid any fines and costs arising from enforcement of this Part or any of the ordinances of the Borough of Gettysburg relating to land use and/or code enforcement or if any licensing fees under this Part are due and owing the Borough.
3. 
Inspection.
A. 
All premises shall be subject to periodic inspection by the Code Enforcement Officer or another duly authorized agent of the Borough. Such inspection may take place when an application is submitted for a license or at any time during the year. However, if premises for which a license was previously issued did not reveal any code violations in the inspection conducted in conjunction with the issuance of the license, the Code Enforcement Officer may renew the license for the premises for an additional two annual terms without an inspection of the same if the inspection for the previous license term revealed no code violations and during the license term no complaints were received which after inspection revealed code violations.
B. 
The Code Enforcement Officer is hereby designated as the official authorized to enforce this part and to take appropriate measures to abate violations hereof, for and on behalf of the Borough.
C. 
This Section shall not be construed so as to limit or restrict the Code Enforcement Officer's authority to conduct inspections of premises, whether subject to the permitting and inspection requirements of this part or pursuant to any other ordinance or code.
D. 
The required inspection fee shall be established from time to time by resolution of the Borough Council. Such resolution may provide for more than one fee scale for different categories of regulated rental units, to be more specifically set forth in the resolution.
E. 
All inspection fees must be paid in advance prior to an inspection being conducted.
4. 
Search Warrant. Upon a showing of probable cause that a violation of this part or any other ordinance of the Borough has occurred, the Code Enforcement Officer may apply to the District Justice having jurisdiction in the Borough for a search warrant to enter and inspect the premises.
[Ord. 1227-99, 6/14/1999, § V; as amended by Ord. 1261-01, 12/10/2001, §§ 4, 5; and by Ord. 1384-10, 10/25/2010]
1. 
General. The Code Enforcement Officer may initiate disciplinary action against an owner that may result in a formal warning, nonrenewal, suspension or revocation of the owner's license for violating any provision of this Part that imposes a duty upon the owner and/or for failing to regulate the breach of duties by occupants as provided herein.
2. 
Definitions of Options.
FORMAL WARNING
Formal written notification of at least one violation of this Part. Upon satisfactory compliance with this Part and any conditions imposed by the Code Enforcement Officer, the formal warning shall be removed when the owner applies for license renewal at a time set by the Code Enforcement Officer.
NONRENEWAL
The denial of the privilege to apply for license renewal after expiration of the license term. The Borough will permit the owner to maintain occupants in the premises until the end of the license term but will not accept applications for renewal of the license until a time set by the Code Enforcement Officer.
REVOCATION
The immediate loss of the privilege to rent regulated rental units for a period of time set by the Code Enforcement Officer and the loss of the privilege to apply for renewal of the license at the expiration of the time period. Upon the loss of the privilege to rent, the owner shall take immediate steps to evict the occupants.
SUSPENSION
The immediate loss of the privilege to rent regulated rental units for a period of time set by the Code Enforcement Officer. The owner, after the expiration of the suspension period, may apply for license renewal without the need to show cause why the owner's privilege to apply for a license should be reinstated. Upon suspension, the owner shall take immediate steps to evict the occupants.
3. 
Criteria for Applying Discipline. The Code Enforcement Officer, when applying discipline, shall consider the following:
A. 
The effect of the violation on the health, safety and welfare of the occupant(s) of the regulated rental unit and other residents of the premises.
B. 
The effect of the violation on the neighborhood.
C. 
Whether the owner has prior violations of this Part and other ordinances of the Borough or has received notices of violations as provided for in this Part.
D. 
Whether the owner has been subject to disciplinary proceedings under this Part.
E. 
The effect of disciplinary action on the occupants.
F. 
The action taken by the owner to remedy the violation and to prevent future violations, including any written plan submitted by the owner.
G. 
The policies and lease language employed by the owner to manage the regulated dwelling unit to enable the owner to comply with the provisions of this Part.
H. 
In addition to applying discipline as set forth above, the Code Enforcement Officer may impose upon the existing or subsequent licenses reasonable conditions related to fulfilling the purposes of this Part.
4. 
Grounds for Imposing Discipline. Any of the following may subject an owner to discipline as provided for in this subsection:
A. 
Failure to abate a violation of Borough codes and ordinances that apply to the premises within the time directed by the Code Enforcement Officer.
B. 
Refusal to permit the inspection of the premises by the Code Enforcement Officer as provided for in § 4-304(3) of this Part.
C. 
Failure to take steps to remedy and prevent violations of this Part by occupants of regulated dwelling units as provided for in § 4-302 of this Part.
D. 
Failure to file and implement an approved plan to remedy and prevent violations of this Part by occupants of a regulated rental unit as provided for in § 4-302(8) of this Part.
E. 
Failure to evict occupants after having been directed to so by the Code Enforcement Officer of the Borough as provided for in § 4-302(8) of this Part.
F. 
Three violations of this part or other ordinances of the Borough that apply to the premises within the license term. For purpose of this Part, there need be no criminal conviction before a violation can be found to exist. Before a prior violation can be considered under this section, the owner must have received notice in writing of this violation within 30 days after the Code Enforcement Officer received notice of the violation.
5. 
Procedure for Nonrenewal, Suspension or Revocation of License.
A. 
Notification. Following a determination that grounds for nonrenewal, suspension or revocation of a license exist, the Code Enforcement Officer shall notify the owner of the action to be taken and the reason therefor. Such notification shall be in writing, addressed to the owner and shall contain the following information:
(1) 
The address of the premises in question and identification of the particular regulated rental unit(s) affected.
(2) 
A description of the violation which has been found to exist.
(3) 
A statement that the license for said regulated rental unit(s) shall be either suspended or revoked, or will not be renewed for the next license year or that the owner will receive a formal warning. In the case of a suspension or revocation, the notice shall state the date upon which such suspension or revocation will commence and, in the case of a suspension, shall also state the duration of such suspension.
(4) 
A statement that, due to nonrenewal, suspension or revocation (as the case may be), the owner or any person acting on the owner's behalf is prohibited from renting, letting or permitting occupancy of the dwelling unit(s) by any person (other than the owner) subject to said enforcement, from and during the period said action is in effect.
(5) 
A statement informing the owner of the right to appeal the decision suspending, revoking or declining to renew the license to the Appeals Board by submitting a written application on a form prescribed by the Borough for an appeal with the Borough Secretary within 30 days following the date of the advising letter or notice, a detailed statement of the basis for the appeal, specifically identifying any provisions of applicable codes. There is hereby imposed a fee for filing of such appeals, the amount of which shall be determined and established from time to time by resolution of the Borough Council.[1]
[1]
Editor's Note: The current resolution is on file in the office of the Borough Secretary.
(6) 
Within 45 days of receipt by the Borough of the appeal in the proper form accompanied by the requisite fee, a hearing shall be held unless the applicant has agreed in writing to an extension of time.
B. 
Appeals. All appeals of a notice of nonrenewal, suspension or revocation of license shall be conducted by the Board and shall be governed by the procedures set forth in Chapter 1, Part 1C, of the Code of Ordinances.
C. 
Delivery of Notification. The required notice shall be deemed to be properly served if a copy thereof is:
(1) 
Delivered personally; or
(2) 
Sent by certified or first-class mail addressed to the last known address; or
(3) 
Posted in a conspicuous place in or about the structure affected by such notice, but only in the case that a properly addressed and mailed letter is returned as not being delivered.
[Ord. 1227-99, 6/14/1999, § VI; as amended by Ord. 1384-10, 10/25/2010]
1. 
Basis for Violation. It shall be unlawful for any person, as either owner or manager of a regulated rental unit for which a license is required, to operate without a valid, current license issued by the Borough authorizing such operation. It shall also be unlawful for any person, either owner or manager, to allow the number of occupants of a regulated rental unit to exceed the maximum limit as set forth on the license or to violate any other provision of this Part. It shall be unlawful for any occupant to violate this Part.
2. 
Penalties. Any person who shall violate a provision of this Part, upon conviction thereof, shall be guilty of a summary offense punishable by a fine of not more than $1,000 and the cost of prosecution. Every day that a violation of this Part continues shall constitute a separate offense.
3. 
Nonexclusive Remedies. The penalty provisions of this Section and the license nonrenewal, suspension and revocation procedures provided in this Part shall be independent, nonmutually exclusive separate remedies, all of which shall be available to the Borough as may be deemed appropriate for carrying out the purpose of this Part. The remedies and procedures in this Part for violation hereof are not intended to supplant or replace, to any degree, the remedies and procedures available to the Borough in the case of a violation of any other code or ordinance of the Borough whether or not such other code or ordinance is referenced in this Part and whether or not an ongoing violation of such other code of ordinance is cited as the underlying ground for a finding of a violation of this Part.
[Ord. 1227-99, 6/14/1999, § VII; as amended by Ord. 1384-10, 10/25/2010]
1. 
Notices.
A. 
For purposes of this Part, any notice required hereunder to be given to a manager shall be deemed as notice given to the owner.
B. 
There shall be a rebuttable presumption that any notice required to be given to the owner under this Part shall have been received by such owner if the notice was given to the owner in the manner provided by this Part.
C. 
A claimed lack of knowledge by the owner of any violation hereunder cited shall be no defense to license nonrenewal, suspension or revocation proceedings as long as all notices prerequisite to institution of such proceedings have given and deemed received in accordance with the applicable provisions of this Part.
2. 
Changes in Ownership Occupancy. It shall be the duty of each owner of a regulated rental unit to notify the Borough in writing of any change in ownership of the premises. It shall also be the duty of the owner to notify the Borough in writing of the changing of a dwelling unit from owner-occupied to tenant-occupied, which thereby transforms the dwelling into a regulated rental unit for purposes of this Part.
3. 
Owners Severally Responsible. If a regulated rental unit is owned by more than one person, in any form of joint tenancy, as a partnership or otherwise, each person shall be jointly and severally responsible for the duties imposed under the terms of this Part and shall be severally subject to prosecution for the violation of this Part.