Borough of Royersford, PA
Montgomery County
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Table of Contents
Table of Contents
[Ord. 549, 8/9/1977, § 1]
An emergency is an unforeseen occurrence or condition calling for immediate action; a crisis or a time of difficulty or danger, including but not limited to a natural disaster or man-made calamity including flood, conflagration, tornado, earthquake, or explosion, or extreme weather conditions within the limits of the Borough, resulting in the actual or potential death or injury of persons and/or the destruction of property to such an extent that extraordinary measures must be taken to protect the public health, safety, and welfare; an event or any condition of or use of premises which is detrimental to the property or safety of others and which causes or tends to cause substantial opportunity for danger to persons or other property.
[Ord. 549, 8/9/1977, § 2]
1. 
This Part 1 applies only to nonresidential property owners or owners of leased, uninhabited or vacant property in the Borough. This Part 1 does not apply to owner-occupied properties.
2. 
Uninhabited and vacant premises shall be defined as premises which are vacant and uninhabited for 30 consecutive days; unless the Police Department is otherwise notified.
[Ord. 549, 8/9/1977, § 3]
Within 60 days after the adoption of this Part 1, all nonresident property owners of property within the Borough and owners of leased, uninhabited or vacant premises within the Borough, shall provide to the Borough Manager the name of the property owner or his authorized representative, together with the address and phone number of such property owner or authorized representative so that such person can be located and contacted in the event of an emergency.
[Ord. 549, 8/9/1977, § 4]
In the event of an emergency, as hereinbefore defined, as declared by the Mayor of the Borough of Royersford, or, in his absence, by the President of the Borough Council, either for all properties in the Borough or for a specific property or subject matter, the Borough Manager or his designated representative shall make a reasonable effort to contact the nonresident property owner or owner of leased, uninhabited or vacant premises or his authorized representative to advise them of the emergency and to take steps to correct the emergency or to obtain permission for purpose of access to the property to correct the emergency condition.
[Ord. 549, 8/9/1977, § 5; as amended by Ord. 715, 10/30/1990]
In the event that the nonresident property owner or owner of leased, uninhabited or vacant premises or his authorized representative cannot be located, or has failed to provide an address or phone number where such person can be located, the Borough Manager, the Chief of Police and the Building Inspector are hereby authorized to enter such premises which are owned by nonresidents of the Borough or premises which are leased, uninhabited or vacant, where the emergency or detrimental condition exists in order to treat or otherwise terminate the emergency or detrimental condition.
[Ord. 549, 8/9/1977, § 6]
In the event that the Borough is unable to located the nonresident property owner or the owner of leased, uninhabited or vacant premises or his authorized representative and the Borough removes or terminates the emergency condition, the owner or the subject premises shall reimburse the Borough for the cost thereof plus 10% in accordance with law.
[Ord. 889, 3/28/2017]
The purpose of this Part and the policy of the Council of Royersford Borough shall be to protect and promote the public health, safety and welfare of its residents relating to the owners and occupants of certain residential rental units within the Borough and to encourage owners to maintain and improve the conditions of rental housing within the Borough, through an ordinance to register, inspect and permit residential rental units.
[Ord. 889, 3/28/2017]
This Part is enacted under the authority of the Borough Code of Pennsylvania, specifically Sections 1202(4), (5) and (15).[1]
[1]
Editor's Note: See 8 Pa.C.S.A. § 1202(4), (5) and (15).
[Ord. 889, 3/28/2017]
1. 
This Part shall be applicable to all types of residential rental units.
2. 
Exemption. This Part shall not apply to dwellings containing up to four residential units in which one unit is owner-occupied.
[Ord. 889, 3/28/2017]
1. 
Registration. The owner(s) of each residential rental property subject to this Part shall register any rental property containing residential rental units with the Royersford Borough Code Enforcement Office. Rental registration fees for properties shall be established by Borough Council from time to time by resolution. For newly created residential rental units, registration shall occur prior to any occupancy.
2. 
Inspection. No person shall let to another for occupancy any dwelling or dwelling unit unless he/she first registers the residential property and, thereafter, schedules an inspection of the residential rental property with the Royersford Borough Code Enforcement Officer. Following the inspection and prior to issuing a life safety certificate, the Code Enforcement Officer shall inspect and determine that the residential rental unit meets or exceeds the minimum standards required, as more specifically described in § 211 (Minimum Standards Per Dwelling Unit; Checklist) below. Exception: Inspections shall not be required for apartment complexes (defined as a building or group of apartment buildings consisting of 10 or more rental units under the same ownership).
[Ord. 889, 3/28/2017]
1. 
Registration forms shall be available in Borough Hall. Information required to be submitted shall include but not be limited to the following:
A. 
Name, address, telephone number and e-mail address of property owner;
B. 
Address and location of residential rental unit or units;
C. 
Name, address and telephone number of rental agent (if applicable);
D. 
Number of residential rental units located in the rental;
E. 
Identification and description of each residential rental unit;
F. 
Name, address, and phone number of each tenant/occupant.
[Ord. 889, 3/28/2017]
1. 
Registration shall be deemed complete when the owner has submitted the information required in § 205 (Information to Be Provided on Rental Registration) above to the Borough Code Enforcement Officer. The Code Enforcement Office shall issue a certificate of registration evidencing said registration of the rental property so long as the rental registration identifies all residential rental units within a residential rental property.
2. 
Once a residential rental property is registered with the Code Enforcement Office, a subsequent registration is required only when there is a change in tenancy or ownership.
[Ord. 889, 3/28/2017]
No person shall let to another for occupancy any dwelling or dwelling unit unless he/she first registers the residential rental property and, thereafter, applies for and obtains a life safety certificate issued by the Code Enforcement Officer. Permits for rental dwellings and dwelling units shall require renewal every three years and not in the case of a change in tenancy.
[Ord. 889, 3/28/2017]
Rental dwelling and dwelling unit permits shall be issued according to the inspection schedule of the Code Enforcement Officer and shall continue in effect for three calendar years from the date the certificate is issued. Upon the expiration of any dwelling unit certificate, a new inspection and certificate shall be required for the ensuing period of three years.
[Ord. 889, 3/28/2017]
Any life safety certificate and/or registration issued under the provisions of this Part shall terminate upon the transfer of ownership of the rental property. Thereafter, the new owners shall, within 30 days, register the new residential rental property, schedule an inspection, and apply for a new life safety certificate for each residential rental unit. Thereafter, an inspection shall be performed by the Code Enforcement Officer.
[Ord. 889, 3/28/2017]
1. 
The Code Enforcement Officer shall charge every person, firm or corporation owning a rental unit within the Borough of Royersford, before making such inspections as will be necessary for the issuance or renewal of a certificate, an inspection fee, to be determined from time to time by resolution, which shall defray the expense of and compensate the Code Enforcement Officer for his/her time in conducting such inspections.
2. 
The fees as authorized by this section are to be revenue-neutral to the Borough and only defray authorized administrative expenses.
[Ord. 889, 3/28/2017]
At the time of inspection and prior to issuing a life safety certificate, the Code Enforcement Officer shall inspect and determine that each residential rental unit meets or exceeds the standards set forth in the rental residential unit Property Maintenance Checklist, which is attached hereto and incorporated herein, marked as Exhibit "A," and described in § 212, (Rules and Regulations) below.[1]
[1]
Editor's Note: Exhibit "A," the Property Maintenance Checklist, is included as an attachment to this chapter.
[Ord. 889, 3/28/2017]
The Council of the Borough of Royersford may implement and adopt rules and regulations necessary to implement this Part, so long as they are not inconsistent with any provisions of this Part or are not otherwise prohibited by law.
[Ord. 889, 3/28/2017]
The Code Enforcement Officer is authorized and directed to make inspections to determine the conditions of the dwelling, dwelling unit, and premises offered for rent within the Borough of Royersford, under the scope of this Part, in order to safeguard the health and safety of the occupants thereof and the general public. He/she is further authorized to enter (by way of appointment or other manner provided in this Part) for purposes of examining and surveying all of the habitable premises at a reasonable time to guarantee compliance with the requirements of Exhibit "A."[1] Each occupant of such premises or operator in charge thereof shall extend to the Code Enforcement Officer access to such premises for the purpose of making any inspection, examination or survey. The Code Enforcement Officer may reinspect any property for which a life safety certificate has been issued upon receiving complaints from the tenant or any third party or when reinspection is necessary, when said premises is not in compliance with Exhibit "A."
[1]
Editor's Note: Exhibit "A," the Property Maintenance Checklist, is included as an attachment to this chapter.
[Ord. 889, 3/28/2017]
1. 
Entry to premises shall be authorized:
A. 
When entry is by permission or at the request of the occupant/owner;
B. 
Where an imminent danger to health and safety exists; and
C. 
Following an accident or inherent condition where immediate inspection is required to determine if imminent danger to health and safety exists.
[Ord. 889, 3/28/2017]
And person, firm or corporation who shall violate any provision of this Part shall, upon conviction thereof, be subject to a fine of not more than $1,000 or imprisonment not to exceed 30 days, or both, at the discretion of the Court. Each day that a violation continues shall be deemed a separate offense.
[Ord. 889, 3/28/2017]
A property owner who has received notice for violation of this Part may, in addition to any remedies available under the law, appeal to Borough Council within 30 days of receiving the notice.
[Ord. 889, 3/28/2017]
Should any section, paragraph, sentence, clause, phrase or wording of this Part be declared unconstitutional or invalid for any reason, the remainder of this Part shall not be affected thereby and shall remain in full force and effect, and for this reason the provisions of this Part shall be severable.
[Ord. 889, 3/28/2017]
All ordinances or parts of ordinances which clearly are inconsistent with this Part are hereby repealed to the extent of such inconsistency.
[Ord. 889, 3/28/2017]
This Part shall become effective in accordance with the provisions of the Borough Code.