[Adopted 10-19-2021 by Ord. No. 1379, approved 10-19-2021]
This article shall be known and may be cited as the "Short-Term
Rental Ordinance of East Stroudsburg Borough."
Under the authority of the Pennsylvania Borough Code [including,
but not limited to, under Articles XII, XXXII-A and XXXIII of such
law including, but not limited to, Section 1202, Subsections (1),
(3), (4), (5), (8), (14), (15), (20), (61) and (65),[1] Section 32A04,[2] and Section 3108[3]], the following new ordinance text is hereby adopted as Article III of Chapter 124 in the Codified Ordinances of East Stroudsburg Borough.
The provisions of this article shall apply to all residential
dwelling units, conversions of nonresidential structures to residential
dwellings, and all existing premises within the Borough of East Stroudsburg.
The owner of the subject premises shall be responsible for compliance
with the provisions of this article and the failure of an owner, manager,
or renting occupants to comply with the provisions of this article
shall be deemed noncompliance by the owner.
As used in this article, the following terms shall have the
following meanings. If a term is not defined in this article, but
is defined in the Borough's Property Maintenance Code or Uniform
Construction Codes,[1] then that definition shall apply to this article. If a
term is not defined in any of those codes, but is defined elsewhere
in the Borough Code, then the definition in such chapter shall apply
to this article.
The Borough-appointed Code Enforcement Officer(s) having
the duty to enforce this article and the Code and any assistants or
deputies appointed by the Borough. At the discretion of Borough Council,
an independent entity or contractor may be appointed to enforce part
or all of this function under this article.
One or more individuals related by blood, marriage or adoption
(including persons receiving formal foster care) or up to four total
unrelated individuals who maintain a common household and live within
one dwelling unit, except as provided otherwise in the Code. For this
purpose, "related" shall mean persons who are related by blood, marriage,
adoption, civil union recognized by any state, or formal foster relationship
to result in one of the following relationships: spouse, 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. "Step" relationships shall also be
included, such as stepmother. "Related" shall not include any relationship
further than direct first cousins.
Notwithstanding the above definition, a family shall also be
deemed to include any number of mentally or physically handicapped
persons occupying a dwelling unit as a single, nonprofit housekeeping
unit, if such occupants are handicapped persons as defined in Title
VIII of the Civil Rights Act of 1968, as amended by the Fair Housing
Amendments Act of 1988. Such unrelated individuals shall have the
right to occupy a dwelling unit in the same manner and to the same
extent as any family unit as defined above.
Any residential dwelling unit utilized as a single-family
residence rented for the purpose of overnight lodging for a period
of not less than one day and not more than 30 days, and which meets
the definition of "hotel" for the purpose of imposing an excise tax
by the County of Monroe as defined in the County of Monroe Ordinance
No. 2004-03, as amended.
Permission granted by the Borough to utilize a dwelling unit
for short-term rental use.
No owner of any premises in East Stroudsburg Borough shall operate
a short-term rental in East Stroudsburg Borough without first obtaining
a short-term rental license from the Code Enforcement Officer. Operation
of a short-term rental without such short-term rental license is a
violation of this article.
A.
Application requirements. Short-term rental license applications
shall contain all of the following information:
(1)
The name, address, telephone number and email address of the owner.
If the owner is not a full-time resident of the Borough of East Stroudsburg
or does not live or have a primary physical work address (beyond a
post office box) within a twenty-mile radius of the Borough of East
Stroudsburg and within the Commonwealth of Pennsylvania, then the
owner shall designate a person to serve as manager who does reside
or have a primary physical work headquarters (beyond a post office
box) within a twenty-mile radius of the Borough of East Stroudsburg.
If the owner is a corporation, partnership or similar entity, a manager
shall be appointed meeting the above requirements. If the owner is
not required to have, or has not designated, a manager, then the owner
shall provide a twenty-four-hour telephone number. If the owner uses
a manager, that manager shall have written authorization to accept
service for the owner.
(2)
The name, address, and twenty-four-hour telephone number of the manager.
(3)
Floor plans for the short-term rental, including total habitable
floor space and total number of bedrooms.
(4)
If the building is a multi-dwelling-unit structure, the total number
of dwelling units in the structure and the number of dwelling units
being used as short-term rentals. Each dwelling unit in a multi-dwelling-unit
structure is required to have a separate short-term rental license.
(5)
A site plan showing the location and number of on-site parking spaces.
If not on a central sewer system, the location, approximate age and
capacity of the sewage disposal system.
(6)
Copies of current Monroe County hotel room excise tax certificate
and current Pennsylvania sales and use tax license.
(7)
Signatures of both the owner and the manager.
(8)
Trespass waiver signed by the owner allowing access to the premises
for the Code Enforcement Officer and the Rental Housing Inspector
for the purpose of inspection to verify compliance with this Ordinance.
(9)
Copy of the current recorded deed for the premises establishing ownership.
(10)
Evidence that there are no delinquent Borough water, sewer and
solid waste collection fees for all properties owned, in whole or
in part, by the owner in the Borough.
(11)
A copy of a contract with a solid waste hauler to remove solid
waste from the short-term rental premises. Short-term rental premises
are not included in the Borough's municipal solid waste collection
service; short-term rental premises must have a private solid waste
hauler with weekly pickup. No dumpsters are permitted.
(12)
Evidence that there are no delinquent Monroe County hotel room
excise tax or Pennsylvania sales/use taxes due and owing with respect
to short-term rentals or all properties owned, in whole or in part,
by the owner in the Borough.
(13)
Certificate of insurance evidencing that at least $500,000 in
general liability insurance is in effect with respect to the short-term
rental, issued by an insurance company licensed to do business in
Pennsylvania, which shall be maintained in full force and effect by
the owner for the entire period the short-term license is in effect.
B.
A short-term rental license shall be issued only to the owner of
the short-term rental premises.
(1)
A separate short-term rental license is required for each dwelling
unit; for two-family or multifamily dwellings, a separate license
shall be required for each dwelling unit being used as a short-term
rental.
(2)
A short-term rental license is effective for a period of one year,
or until any of the conditions of the short-term rental which are
governed by this article are changed, whichever shall first occur.
A short-term rental license must be renewed annually, and also when
any of the conditions of the short-term rental which are governed
by this article are changed.
(3)
The owner, by making application for a short-term rental license and/or accepting issuance of a short-term rental license, grants permission for any and all inspections authorized by § 124-21, below.
(4)
The Borough will prescribe forms and procedures for the processing
of license applications under this Ordinance.
A.
Overnight occupancy of a short-term rental shall be limited to no
more than one family per dwelling unit.
B.
The maximum number of day guests allowed at any one time, in addition
to the overnight occupants, shall be 75% of the maximum overnight
occupancy of the short-term rental.
C.
Off-street parking areas for short-term rental uses must meet the
Zoning Ordinance[1] requirements for single-family dwellings (three spaces/dwelling unit, stacked parking is permitted). Day visitors may park on-street in accordance with the applicable on-street parking requirements for that street. Overnight guests must park in an approved off-street parking area, not on the street. Any expansion of parking areas for a short-term rental requires prior Borough approval. Parking areas shall be maintained in a mud-free condition with paving, stone or similar material and shall count as part of the maximum lot coverage limits in Chapter 157, Attachment 2, Table of Bulk Regulations.
D.
Short-term rental premises are not included in the Borough's municipal solid waste collection service; short-term rental premises must have a private solid waste hauler with weekly pickup. A copy of a contract with a solid waste hauler to remove solid waste from the short-term rental premises is required as part of the registration information included in § 124-18A(11) above. No dumpsters are permitted.
E.
Neither short-term rental occupants nor guests shall engage in disorderly
conduct or disturb the peace and quiet of any nearby neighborhood
or person by loud, unusual or excessive noise, by tumultuous or offensive
conduct, public indecency, threatening, traducing, quarreling, challenging
to fight, or fighting, or creating a dangerous or physically offensive
condition.
F.
The owner shall use best efforts to assure that the occupants or
guests of the short-term rental do not create unreasonable noise or
disturbances, engage in disorderly conduct, or otherwise violate provisions
of the East Stroudsburg Borough Code of Ordinances or any state law
pertaining to noise or disorderly conduct including, but not limited
to, notifying the occupants of the rules regarding short-term rentals
and responding when notified that occupants are violating laws, ordinances
or regulations regarding their occupancy.
G.
The owner shall, upon notification that occupants or guests of the
short-term rental have created unreasonable noise or disturbances,
engaged in disorderly conduct or otherwise violated provisions of
the East Stroudsburg Borough Code of Ordinances or state law pertaining
to noise or disorderly conduct, promptly use best efforts to prevent
a recurrence of such conduct by those occupants or guests.
H.
Overnight occupancy of recreational vehicles, camper trailers and
tents at the property where the short-term rental is located shall
not be allowed. Outdoor overnight sleeping of occupants or guests
of the short-term rental is prohibited.
I.
All short-term rentals shall have a clearly visible and legible notice
posted within the dwelling unit on or adjacent to the front door containing
the following information:
(1)
The name of the owner or the manager of the unit, and a telephone
number at which that party can be reached on a twenty-four-hour basis.
(2)
The 911 address of the premises.
(3)
The maximum number of occupants permitted to stay in the dwelling
unit and the maximum number of day guests permitted at any one time.
(4)
The maximum number of all vehicles allowed to be parked on the premises
and the requirement that all overnight guest parking must be on the
premises and not in or along any private, community or public street
right-of-way.
(5)
Notification that an occupant or guest may be cited and fined for
creating a disturbance or for violating other provisions of the East
Stroudsburg Borough Code of Ordinances, including parking and occupancy
limits.
(6)
Notification that short-term rental occupants and guests are required
to make the dwelling unit available for inspection by the Code Enforcement
Officer and/or Rental Housing Inspector upon request.
A.
Short-term rental license fees, payable to the Borough upon the filing
of a short-term rental license application, shall be in such amount
as may be established by resolution duly adopted by the Borough Council.
B.
Any short-term rental license is valid for a period not to exceed
one year from the date of issuance and must be renewed annually. Short-term
rental license renewal fees, payable to the Borough upon the filing
of a short-term rental license renewal application, shall be in such
amount as may be established by resolution duly adopted by the Borough
Council.
A.
The East Stroudsburg Borough Code Enforcement Officer and the East
Stroudsburg Borough Rental Housing Inspector shall conduct inspections,
make reports and administer this article, and issue notices of violation.
B.
The Code Enforcement Officer and/or the Rental Housing Inspector,
with the authorization of the Borough Council, may engage the services
of competent engineers or other consultants to determine the nature
and extent of any violation.
A.
All short-term rentals shall be subject to an annual inspection by
the Code Enforcement Officer and the Rental Housing Inspector to verify
application information, license, license renewal and/or operating
requirements. All short-term rentals shall be inspected to and meet
the full requirements of the Borough's adopted Property Maintenance
Code, which is the 2006 International Property Maintenance Code.
B.
The issuance of a short-term rental license or inspection is not
a warranty that the premises is lawful, safe, habitable, or in compliance
with this article of the Code of Ordinances. Rather, the license indicates
that the premises are either set to be inspected on a routine basis
or, if inspected, the premises met this article of the Code of Ordinance
requirements on the day and at the time of the inspection.
C.
If there is reason to believe that any provision of this article
is being violated, the Borough Council may or may cause, through an
authorized representative of the Borough, entry onto premises for
the purpose of inspection of any and all premises, properties, buildings
and/or structures located within the Borough for ascertaining the
existence of violations. In those matters where the nature of an alleged
violation is such that an inspection of the interior of a building
or structure is necessitated, prior arrangements must be made with
the owner or his agent to secure access thereof.
D.
Within the limitations of federal and state law, the Code Enforcement
Officer may apply to a Magisterial District Judge or any legal authority
having jurisdiction for an administrative search warrant to enter
and inspect a short-term rental Unit and the premises. Such warrant
is only required where access to a short-term rental Unit or common
areas is denied to the Code Enforcement Officer after a request to
a person with a possessory interest in the regulated rental unit.
The marketing of a short-term rental in which the advertised
occupancy exceeds the maximum occupancy requirements permitted by
this article, or which promotes any other activity which is prohibited
by this article, shall be a violation of this article.
If it appears to an enforcement officer that a violation of
this article exists or has occurred, the enforcement officer shall
send a written notice of violation to the owner and/or manager (if
one is so designated) by personal delivery or by both United States
first class and certified mail. The enforcement notice shall identify
the premises which is the subject of the violation, enumerate the
conditions which constitute the violation, cite the specific sections
of this article which are violated, indicate the action required to
correct the violation, and provide a time frame (established by the
enforcement officer based upon the nature of the violation) to correct
the violation.
In the interest of promoting the public health, safety and welfare,
and minimizing the burden on Township and community services and impacts
on community neighborhoods posed by short-term rentals, a violation
of any of the provisions of this article is declared to be a public
nuisance.
A.
This article shall be enforced by action brought before a Magisterial
District Judge in the same manner provided for the enforcement of
summary offenses under the Pennsylvania Rules of Criminal Procedure.
Any person, partnership, corporation or other entity who or which
violates or permits a violation of the provisions of this article
shall, upon conviction in a summary proceeding, pay a fine of not
less than $100 nor more than $1,000 per violation, plus all court
costs and reasonable attorney's fees incurred by East Stroudsburg
Borough in the enforcement proceedings, and/or be imprisoned to the
extent allowed by law for the punishment of summary offenses. Each
day or portion thereof that a violation exists or continues shall
constitute a separate violation. Further, the appropriate officers
or agents of East Stroudsburg Borough are hereby authorized to seek
equitable relief, including injunction, to enforce compliance with
this article. All fines, penalties, costs and reasonable attorneys'
fees collected for the violation of this article shall be paid to
East Stroudsburg Borough for its general use.
B.
In addition to, but not in limitation of, the provisions of this
section, the Code Enforcement Officer may either revoke, or deny an
application to renew, a short-term rental license for three violations
of this article in any rolling twelve-calendar-month period. The revocation
or denial to renew a short-term rental license shall continue for
six months for the first set of three violations, and continue for
one year for any subsequent sets of violations.
If the premises are owned by more than one owner, each owner
shall jointly and severally be responsible for violations of this
article.
A.
Appeals of a determination of the Code Enforcement Officer under
this article to deny any application for, or to renew, a short-term
rental license, or to revoke a short-term rental license, shall be
filed with the Property Maintenance Board of Appeals at the Borough
business office within 30 days of the date of the determination appealed
from. Appeals shall be processed as follows:
(1)
All appeals shall be in writing and signed by the appellant on forms
prescribed by the Borough, and shall be accompanied by a fee, the
amount of which shall be established by the Borough Council, which
may include notice and advertising costs, and necessary administrative
overhead in relation to the hearing.
(2)
Each appeal shall fully set forth the determination appealed from,
a detailed reason or basis for the appeal, and the relief sought.
Every appeal shall refer to the specific provision of circumstances
of the case.
B.
Hearings. The Property Maintenance Board of Appeals shall conduct
hearings and make decisions pursuant to the Act of December 2, 1968
(P.L. 1133, No. 353), known as the "Local Agency Law,"[1] and in accordance with the following requirements:
(1)
Written notice shall be given and written notice shall be given to
the appellant, the Code Enforcement Officer and to any person who
has made timely request for the same. Written notices shall be given
at such time and in such manner as shall be prescribed by rules of
the Property Maintenance Board of Appeals, but not less than 15 days
prior to the hearing.
(2)
The hearing shall be held within 60 days from the date the appeal
is filed, unless the appellant has agreed in writing to an extension
of time.
(3)
The hearings shall be conducted by the Property Maintenance Board
of Appeals. The decision or, where no decision is called for, the
findings shall be in writing by the Property Maintenance Board of
Appeals within 45 days after the conclusion of the hearing, unless
the appellant has agreed in writing to an extension of time, and shall
be communicated to the appellant and any other parties who have entered
their written appearance and requested a copy of the decisions, at
the addresses provided by them either by personal delivery or by United
States first-class mail, postage prepaid.
(4)
The Chairman or Acting Chairman of the Board of Appeals or the hearing
officer presiding shall have power to administer oaths and issue subpoenas
to compel the attendance of witnesses and the production of relevant
documents and papers, including witnesses and documents requested
by the parties.
(5)
The parties shall have the right to be represented by counsel and
shall be afforded the opportunity to respond and present evidence
and argument and cross-examine adverse witnesses on all relevant issues.
(6)
Formal rules of evidence shall not apply, but irrelevant, immaterial
or unduly repetitious evidence may be excluded.
(7)
The Property Maintenance Board of Appeals may, but is not required
to, make a stenographic record of the proceedings. In the event a
stenographic record of the proceedings is not provided by the Property
Maintenance Board of Appeals, a stenographic record shall be made
and kept at the request of any party agreeing to pay the costs thereof.
Any party or other person desiring a copy of the stenographic record
shall order the copy directly from the stenographer who prepared the
same and shall pay the cost imposed by the stenographer for the copy
directly to the stenographer.
(8)
The Property Maintenance Board of Appeals shall not communicate,
directly or indirectly, with any party or any party's representatives
in connection with any issue involved except upon notice and opportunity
for all parties to participate; shall not take notice of any communication,
reports, staff memoranda or other materials, except advice from their
solicitor, unless the parties are afforded an opportunity to contest
the material so noticed; and shall not inspect the site or its surroundings
after the commencement of hearings with any party or any party's
representative unless all parties are given an opportunity to be present.
[1]
Editor's Note: See 2 Pa.C.S.A. § 551 et seq.
If any section, provision or portion of this Ordinance shall
be held invalid or unconstitutional by any court of competent jurisdiction,
such decision shall not affect any other section, clause, provision
or portion of this Ordinance so long as it remains legally enforceable
minus the invalid portion. The Borough reserves the right to amend
this Ordinance or any portion thereof from time to time as it shall
deem advisable in the best interest of the promotion of the purposes
and intent of this Ordinance, and the effective administration thereof.
All ordinances or parts of ordinances which are inconsistent
herewith are hereby repealed.
This Ordinance shall become effective five days after enactment.
