[HISTORY: Adopted by the Borough Council
of the Borough of Mount Oliver as indicated in article histories.
Amendments noted where applicable.]
[Adopted 2-18-2019 by Ord. No. 978[1]]
[1]
Editor's Note: This ordinance repealed former
Ch. 183, Rental Property, which consisted of Art. I, Tenant Registration,
adopted 4-17-2000 by Ord. No. 845.
As used in this article, the following terms shall have the
meanings indicated, unless a different meaning clearly appears from
the context:
The duly appointed Building Inspector of the Borough of Mount
Oliver.
The duly appointed Code Enforcement Officer of the Borough
of Mount Oliver.
One or more persons, jointly or severally, in whom is vested
all or part of the legal title to the premises, or all or part of
the beneficial ownership and a right to present use and enjoyment
of the premises, including a mortgage holder in possession of a residential
rental unit.
A natural person, partnership, corporation, unincorporated
association, limited partnership, trust, or any other entity.
Any parcel or real property in the Borough, including the
land and all buildings and appurtenant structures or appurtenant elements,
upon which one or more residential rental units is located.
A municipal permit, in the form of a license, issued by the
Borough pursuant to this article authorizing rental of any residential
rental unit.
A dwelling unit rented to or available for rent by tenants
or otherwise occupied by persons other than the record owner of the
premises, including, but not limited to, units in single-family dwellings,
two-family dwellings, multifamily dwellings and other buildings of
similar character.
A person who resides in a residential rental unit.
A.
It shall be unlawful for any owner to lease, rent, or otherwise allow
any residential rental unit in the Borough of Mount Oliver to be occupied,
unless a rental license has been issued by the Building Inspector
or Code Enforcement Officer.
B.
Each rental license shall have a term of one year.
C.
A rental license shall not be issued until:
(1)
All overdue and/or delinquent real estate taxes, refuse, sewage,
and other outstanding fees or fines that are owed by the owner to
Mount Oliver Borough have been paid in full.
A.
Prior to leasing, renting or otherwise allowing any residential rental
unit to be occupied, every owner of a residential rental unit shall
make application with the Code Enforcement Officer, on forms to be
supplied by the Borough, containing the following information:
(1)
A description of the residential rental unit(s) for which the rental
license is sought by street number, parcel ID number, apartment number,
or other indicia sufficient to distinguish the residential rental
unit from all others.
(2)
The number of residential rental units located at the premises.
(3)
The name, address, and telephone number of the owner. If the owner
is a corporation, the registration statement shall provide the names,
addresses, and telephone numbers of all officers and directors of
the corporation. If the owner is a trust, partnership, or any other
form of unincorporated association, the registration statement shall
provide the names, addresses, and telephone numbers of all partners
or principals with an interest of 10% or greater.
(4)
The name, address, and telephone number for the person or business
responsible for maintaining the premises, if different than the owner.
In the case of an owner who does not reside within a twenty-five-mile
radius of the premises, the name, address and phone number of his
or her agent with authority for receipt of service or notice of a
violation of the provisions of this article and/or for receipt of
service or notice related to compliance and/or enforcement of this
article and/or the building or zoning ordinances of the Borough of
Mount Oliver.
(5)
The names and telephone numbers of each tenant or occupant 18 years
of age or older.
B.
A fee shall accompany the application at a rate to be set by resolution
of Borough Council, which may also be designated in the Borough Fee
Schedule.
C.
The owner shall notify the Borough of changes to the tenant or occupant
listing within 10 days of such change by submitting updated names
and telephone numbers for each tenant or occupant on the form prepared
and provided by the Borough. In so doing, the owner shall notify the
Borough of the name of the tenant or occupant who is no longer residing
at or occupying the residential rental unit.
D.
Within 30 days prior to the expiration of a rental license, an owner of a residential rental unit shall make an application with the Code Enforcement Officer, on a form to be supplied by the Borough and containing the information required pursuant to Subsection A above, for a renewal of the owner's rental license. A fee shall accompany the renewal application at a rate to be set by resolution of Borough Council, which may also be designated in the Borough Fee Schedule.
E.
If a rental license application or rental license renewal application
is denied, the Building Inspector or Code Enforcement Officer shall
notify the owner and any tenant or occupant, if the rental unit is
occupied, in writing, and the reason for denial shall be stated in
the denial notice.
A.
The owner shall permit the Building Inspector or Code Enforcement Officer to inspect the premises and each residential rental unit for which a rental license application or rental license renewal application is submitted. Upon inspection, if the Building Inspector or Code Enforcement Officer determines that the premises and residential rental unit comply with the Borough Property Maintenance Code and all amounts referenced in § 183-3 have been paid in full, the Building Inspector or Code Enforcement Officer shall issue a residential rental license.
B.
Each residential rental unit is required to be inspected by the Building
Inspector or Code Enforcement Officer prior to the issuance of a rental
license or renewed rental license. This inspection shall occur notwithstanding
more frequent inspections which may be required in the investigation
of complaints regarding the residential rental unit.
C.
If the premises and/or residential rental unit fails to comply with
the provisions of the Borough Property Maintenance Code, the Building
Inspector or Code Enforcement Officer shall notify the owner in writing
of the deficiencies within 10 days of the inspection. The owner shall
be given 30 days from the date of the notice to abate all violations
and schedule a reinspection of the premises and residential rental
unit. A fee shall accompany the reinspection at a rate to be set by
resolution of Borough Council, which may also be designated in the
Borough Fee Schedule.
A.
The Building Inspector or Code Enforcement Officer is authorized
to revoke a rental license under the following conditions:
(1)
A residential rental unit has become noncompliant with the Borough
Property Maintenance Code, and the owner or his/her agent fails to
remedy the violation within the time frame specified within the applicable
code.
(2)
The owner fails to provide all required documentation and/or pay
all fees as required for a rental license or rental license renewal.
(3)
Upon notification of overdue or delinquent real estate taxes, refuse,
sewage, or other outstanding fees that are owed to the Borough of
Mount Oliver, the owner fails to pay in full said fees, or fails to
enter into an authorized payment plan and meet the conditions set
forth in said payment plan.
B.
If the residential rental unit is occupied at the time that the rental
license is revoked, it shall be vacated within 30 days, and it shall
remain vacant until the rental license is reinstated. If the residential
rental unit is vacant at the time that the rental license is revoked,
it shall remain vacant until the rental license is reinstated.
C.
If a rental license is revoked, the Building Inspector or Code Enforcement
Officer shall notify the owner and any tenant or occupant, if the
rental unit is occupied, in writing of such revocation, and the reason
for the revocation shall be stated in such notice.
A.
The owner shall keep and maintain the premises and all residential
rental units in compliance with all applicable codes of the Borough,
including routine maintenance such as lawn mowing and snow and ice
removal. In no case shall the existence of any agreement between the
owner and tenant or occupant relieve the owner of any responsibility
under this article or other ordinances or codes for maintenance of
the premises and residential rental units.
B.
The owner shall be responsible for regulating the proper and lawful use of every residential rental unit and shall also be responsible for regulating the conduct and activities of the tenants or occupants of every residential rental unit to the extent that Chapter 87, Article VII (Disruptive Properties), of the Mount Oliver Borough Code applies.
C.
The owner shall provide each tenant or occupant with the name and
telephone number of a responsible person who, in emergency situations,
will be available on a twenty-four-hour basis and who has the authority
to make repairs to the premises and/or residential rental unit as
needed.
D.
The owner shall provide each tenant or occupant with an updated Borough
Reference Guide when provided to the owner by the Borough from time
to time.
A.
Any person aggrieved by the denial, issuance or revocation of a rental
license, including a tenant or occupant, may appeal by submitting
a request for a Local Agency Law[1] hearing to the Borough Secretary within 20 days from the
date of mailing of the denial letter, grant of a rental license or
rental license revocation notice, and accompanied by a nonrefundable
appeal fee of $50, the amount of such fee to be subject to adjustment
by resolution of the Borough Council.
[1]
Editor's Note: See 2 Pa.C.S.A. § 551 et seq.
B.
Such written request for an appeal hearing shall state the grounds
upon which it is made. The appellant shall be responsible for the
cost of the stenographic appearance fee and any cost of advertising
the hearing. The Borough Council may act as the Local Agency Law appeal
hearing body or may appoint a tribunal or hearing officer to hear
the appeal and either to decide the appeal or make a recommending
ruling to the Borough Council.
Any person who violates any of the provisions of this article
shall, upon conviction, be fined not less than $500 and not more than
$1,000, plus court costs. Each day the violation exists shall constitute
a separate and distinct offense.
