[HISTORY: AdChapteropted by the Borough Council
of the Borough of Catasauqua 12-1-2008 by Ord. No. 1230.[1] Amendments noted where applicable.]
GENERAL REFERENCES
Brush, grass and weeds — See Ch. 115.
Code enforcement — See Ch. 125.
Uniform codes — See Ch. 130.
Fair housing — See Ch. 138.
Moving permits — See Ch. 180.
Zoning — See Ch. 280.
Fees — See Ch. A285.
[1]
Editor's Note: This ordinance also provided
that it shall take effect 7-1-2009.
The Borough Council (hereinafter the "Council")
hereby finds that:
A.
There is a greater incidence and greater severity
of violations of various Borough codes at residential rental properties
than at owner- occupied residential properties; and
B.
There is a greater incidence of problems with the
maintenance and upkeep of residential rental properties than at owner-occupied
residential properties; and
C.
There is a greater incidence of problems with the
maintenance and upkeep of residential rental properties where owners
or their representatives do not reside within or near the Borough
of Catasauqua (hereinafter "Borough"); and
D.
There is a greater incidence of disturbances which
adversely affect the peace and quiet of the neighborhood at residential
rental properties than at owner-occupied residential properties; and
E.
A systematic license and inspection process can avoid
life-threatening problems, including, but not limited to, lack of
functioning smoke detectors, faulty mechanical equipment, inadequate
or unsafe electrical equipment and substandard living and health conditions;
and
F.
A system of inspection and licensing with respect
to residential rental units will assist in maintaining the accuracy
of tax records; and
G.
With respect to boardinghouses, because of shorter
lease terms and the transient nature of the same, the above considerations
are of equal, if not increased importance and relevancy to the operation
of boardinghouses in the Borough; and
H.
The regulation and licensing of all residential rental
units, apartment houses, boardinghouse units and boardinghouses represent
a lawful and necessary exercise of the police power under the Borough
Code in order to preserve and protect the public health, safety and
general welfare.
A.
This chapter is intended to and shall serve the following
purposes:
(1)
To assist the Borough in protecting and promoting
the health, safety and welfare of its residents;
(2)
To establish rights and obligations of owners and
occupants relating to the rental of certain residential units in the
Borough and to insure that owners and occupants properly maintain
rental housing within the Borough;
(3)
To ensure that owners, managers, occupants and their
guests share responsibilities to comply with relevant building ordinances
and other codes, to prevent overcrowding and to avoid nuisances affecting
neighbors;
(4)
To provide for a system of inspections and the issuance
and renewal of licenses; and
(5)
To establish procedures and penalties for violations.
B.
All owners, managers and occupants of premises hereunder
shall comply with all provisions of the Pennsylvania Landlord-Tenant
Act,[1] as amended (hereinafter "Act"), and nothing contained
in this chapter shall alter or abrogate the requirements of the Act.
Any requirement of this chapter inconsistent with the Act shall be
deemed repealed.
[1]
Editor's Note: See 68 P.S. § 250.101
et seq.
C.
This chapter shall not limit the ability of an owner
to evict occupants in compliance with state law for reasons other
than violations of this chapter.
D.
To the extent that this chapter refers to and/or incorporates
other laws, ordinances, rules and/or regulations, where necessary
to the regulation of activity under this chapter and for the purpose
of enforcing this chapter wherever this chapter and/or such laws,
ordinances, rules or regulations conflict, the more restrictive provisions
shall apply.
E.
This chapter shall not be construed as diminishing
or relieving the responsibility of occupants or guests for their conduct
or activity under any private cause of action, civil or criminal enforcement
proceeding or criminal law or requiring an owner to indemnify or defend
an occupant or guest when any such action or proceeding is brought
against the occupant or guest based upon the conduct or activity of
the occupant or guest. Nothing herein is intended to impose any additional
civil/criminal liability upon owners other than that which is imposed
by existing law.
As used in this chapter the following words
and phrases shall have the following meanings.
An actual fire which occurs inside a residential structure
and which results in a response to the property by a fire department.
The scope of any inspection hereunder which results from an active
working fire call shall be at the discretion of the Borough.
[Added 12-19-2011 by Ord.
No. 1275]
A contractual agreement between an owner and an occupant
which sets forth the obligations of persons under this chapter and
in a form approved by the Code Enforcement Officer.
[Amended 12-19-2011 by Ord. No. 1275]
A boardinghouse shall not include a use that meets the Zoning
Ordinance definitions of hotel, dormitory, motel, life care center,
personal care center, bed-and-breakfast inn, group home or nursing
home.[1] A college fraternity house, sorority house or personal
day care center not meeting the Zoning Ordinance definition with respect
to licensing, and all used as residences, shall be considered types
of boardinghouses. A boardinghouse may either involve or not involve
the providing of meals to residents, but shall not include a restaurant
open to the public unless the use also meets the requirements for
a restaurant. A boardinghouse shall primarily serve persons residing
on site for five or more consecutive days.
The Borough of Catasauqua, Lehigh County, Pennsylvania.
Days and hours in which the offices of the Borough of Catasauqua
are open for public business.
Any law, regulation, ordinance or code adopted, enacted,
and/or in effect in and for the Borough of Catasauqua relating in
any way to the fitness for habitation or the construction, maintenance,
operation, occupancy, vermin or rodent control or any public health
matters or the use or appearance of any premises, dwelling or dwelling
unit.
A duly appointed Borough official having the duty to enforce
this chapter, the Zoning Ordinance, the Uniform Construction Code[2] and any other property maintenance code or ordinance relating
to the condition or use of property in the Borough, and any assistants,
deputies or police officers duly appointed.
In multi-unit buildings, interior and exterior space which
is not part of an individual regulated rental unit and which is shared
among occupants of the dwelling. Common areas shall be considered
part of the premises for purposes of this chapter.
A form of conduct, action, incident or behavior
perpetrated, caused or permitted by an owner, occupant or guest of
a regulated rental unit which:
Violates Borough ordinances and/or codes and
is so loud, untimely as to time of day, offensive and/or nuisance-causing,
that it unreasonably interferes with the peaceful enjoyment by other
persons of their premises and/or dwelling units or causes damage to
property that is owned by others;
[Amended 12-19-2011 by Ord. No. 1275]
Involves music or noise that is audible from
a street, sidewalk or dwelling from a minimum distance of 50 feet
away from the premises where the sound is originating;
Is the subject of a criminal citation for disorderly
conduct;
Involves damage to the premises in excess of
$500; or
Is the subject of a criminal citation under
the Pennsylvania Crimes Code or the Pennsylvania Liquor Code.[3]
In order for disruptive conduct to constitute
an offense under this chapter, a written report must be issued by
a Code Enforcement Officer or police officer and notice must be sent
to an owner, occupant and/or manager.
[Amended 12-19-2011 by Ord. No. 1275]
Disruptive conduct shall not constitute contact made to the
police by the tenant or tenants for police or emergency assistance
by or on behalf of a victim of abuse as defined in 23 Pa.C.S.A. § 6102
(relating to definition), a victim of a crime pursuant to 18 Pa.C.S.A.
(relating to crimes and offenses), or an individual in an emergency
pursuant to 35 Pa.C.S.A. 35 § 8103 (relating to definitions)
if the contact is made to the police based upon the reasonable belief
of the person making the contact that intervention or emergency assistance
is necessary to prevent the perpetration or escalation of the abuse,
crime or emergency or if the intervention or emergency assistance
was actually needed in response to the abuse, crime or emergency.
[Added 4-6-2015 by Ord.
No. 1313]
A written report providing notice of disruptive conduct,
including, but not limited to, police reports, which is prepared by
a Code Enforcement Officer.
[Amended 12-19-2011 by Ord. No. 1275]
A building which includes one or more regulated rental units.
A residential living area for one household that is used
for living and sleeping purposes, and that may have its own cooking
facilities, and a bathroom with a toilet, bathtub and/or shower.
A person on the premises of a regulated rental unit with
the actual or implied consent of an owner or occupant.
An owner.
An adult individual or other legal entity designated by the
owner to operate a dwelling and to perform the obligations of the
owner under this chapter and any rental agreements with the occupant(s).
The manager shall be the agent of the owner for service of process
and receiving notices or demands under this chapter. The manager may
reside in the dwelling.
An individual who resides in a regulated rental unit.
One or more persons in whom is vested all or part of the
legal title to the premises, or all or part of the beneficial ownership
of the premises.
A dwelling unit in which at least one owner resides as his/her
primary dwelling.
A natural person, partnership, corporation, unincorporated
association, limited liability company, limited liability partnership,
trust or any other legal entity.
The land and all buildings, dwellings and structures located
thereon and on which one or more regulated rental units are located.
The road name and street number allocated within the Borough and may include where there are multiple tenements within a property or multiple properties to one street number, the use of lot or unit numbers. In order to meet the Pennsylvania Emergency Response and Disaster Preparedness System and the 911 Act, all property addresses must be assigned by the Borough Engineer in accordance with Chapter 120, Buildings.
[Added 5-3-2021 by Ord.
No. 1404]
A dwelling unit, including a boardinghouse unit, that is
occupied for residential purposes in consideration for the payment
of rent as defined herein and is not an owner-occupied dwelling unit.
Consideration paid or given in return for occupancy of a
regulated rental unit. Rent may be in the form of money, barter or
in-kind transfers and the receipt thereof may be imputed in accordance
with tax law.
A written agreement between an owner and tenant which is
required to be supplemented by the addendum provided for in this chapter
or to otherwise contain the terms of the addendum and which contains
the terms and conditions relating to the use and occupancy of a regulated
rental unit.
A license issued pursuant to this chapter to the owner of
a regulated rental unit under and which is required to lawfully rent
that unit.
The loss of any permit or license granted hereunder.
The temporary loss of any permit or license granted hereunder
which is subject to reinstatement in accordance with the terms of
this chapter.
A dwelling unit, including a boardinghouse unit, which is
occupied for residential purposes by a person related by blood or
marriage to the owner of the unit, and which unit is not also occupied
by the owner.
[Added 12-19-2011 by Ord.
No. 1275]
Two or more persons who reside in a dwelling unit and who
are not related to each other through blood, adoption, marriage or
formal foster relationship.
A.
General.
(1)
Every owner of a regulated rental unit shall keep
and maintain in a good and safe condition each such unit and the premises
on which it is located in compliance with all applicable Borough codes
and ordinances.
(2)
Every owner shall be responsible for regulating the
proper and lawful use and maintenance of every premises so owned and
shall be responsible to act and to maintain the premises in order
to minimize disruptive conduct by the inclusion of appropriate contractual
terms in a written rental agreement and through the prompt and timely
enforcement of such terms. Where no such written rental agreement
exists in writing or otherwise, the owner shall obtain a fully executed
addendum or acknowledgment in accordance with this chapter.
(3)
The owner shall obtain a rental license for every
regulated rental unit and unregulated rental unit owned in accordance
with this chapter. If a rental license is not secured by the owner
within the time established by this chapter, or if the rental license
is suspended or revoked, then, except as otherwise provided herein,
neither the regulated rental unit nor the unregulated rental unit
shall be rented for residential use.
[Amended 12-19-2011 by Ord. No. 1275]
(4)
The owner shall not permit the number of occupants
of a regulated rental unit to exceed the maximum number allowed by
Borough ordinances and codes.
(5)
The owner shall be responsible to minimize disruptive
conduct and behavior by occupants and guests in any common area of
the premises. The owner shall maintain acceptable physical conditions
in such common areas and shall ensure that the common areas are in
full compliance with this chapter and any other applicable ordinances
and codes of the Borough.
(6)
The owner shall comply with all notification provisions
of this chapter.
(7)
The
owner shall notify the Borough, in writing, within five days of the
date when any tenant moves out of, or a new tenant moves into, a unit
for which a license is required hereunder.
[Added 12-19-2011 by Ord.
No. 1275]
(8)
The
owner of licensed property shall use and maintain the property in
accordance with all laws, ordinances, regulations, orders, directives,
standards, policies, recommendations, specifications and instructions
promulgated by any and all governmental agencies, including the Borough.
[Added 12-19-2011 by Ord.
No. 1275]
B.
Designation of manager.
(1)
If the owner is not a full-time resident of the Borough
or does not reside within a radius of five miles from the premises,
then the owner shall designate a person to serve as manager who resides
or maintains a principal office for property management located within
such radius. If the owner is other than a natural person, then a manager
shall be employed or appointed who resides or maintains a principal
office for property management within such radius. The radius set
forth above may be expanded upon a showing to the satisfaction of
the Code Enforcement Officer that an alternate location will meet
the intent and purpose of this chapter in that the alternate location
will not preclude effective and timely responses under this chapter.
(2)
A manager designated pursuant to this section shall
be the agent of the owner for service of process and receipt of notices
and demands, and the manager shall, on behalf of the owner, perform
the obligations of the owner under the rental agreement and this chapter.
(3)
The legal name, mailing address, daytime physical
address (not a post office box) and daytime and evening telephone
number(s) of the person designated as the manager shall be provided
in writing by the owner to the Borough, and such information shall
be kept current and updated in accordance with this chapter.
(4)
The owner shall provide a copy of Chapter 207, and any amendments thereto, to the manager, and the manager shall sign, on a form prescribed by the Borough, a written acknowledgement of his or her representation of the owner and an acceptance of his or her responsibilities pursuant thereto. The owner shall require the manager to provide to the Borough all information required by Subsection B(3) above and further require that all information provided be updated as appropriate.
[Added 12-19-2011 by Ord.
No. 1275]
C.
Disclosure. The owner shall disclose to the occupant,
in writing, on or before the commencement of the occupancy, the name,
address and telephone number of the manager, or if a manager is not
required, then the name, address and telephone number of the owner.
D.
Maintenance of premises.
(1)
The owner shall maintain the premises in compliance
with the requirements of this chapter and all other ordinances and
codes of the Borough and shall regularly perform all routine maintenance,
including lawn mowing, weed control and ice and snow removal. The
owner shall promptly make any and all necessary repairs to the premises.
(2)
The above notwithstanding, the owner and occupant
may agree that the occupant is to perform specified repairs, maintenance
and alterations; however, any such agreement shall be in writing and
shall clearly set forth the obligations of the parties. Such an agreement
shall not be entered into for the purpose of evading the respective
obligations of the owner or occupant under this chapter, and any such
agreement shall constitute a violation of this chapter.
(3)
The existence of an agreement between the owner and
occupant shall not relieve the owner of ultimate responsibility under
this chapter or other applicable Borough ordinances or codes for the
proper repair and maintenance of the premises.
E.
Rental agreement and addendum.
(1)
Each occupancy of a regulated rental unit shall be
memorialized in a rental agreement as defined herein.
(2)
Within the time frame set forth in Subsection C, above, the owner and the occupant shall execute and addendum and written rental agreement which discloses to the occupant, among other things, the requirements of this chapter, including, but not limited to, the eviction provisions hereof.
(3)
The owner and occupant shall not include any term
in a rental agreement that is contrary to the provisions of this chapter.
(4)
With respect to leases and other agreements or arrangements
for the occupancy of a regulated rental unit existing on the effective
date of this chapter, an addendum to each such lease, agreement or
arrangement shall be provided by the owner to the occupant in accordance
with this chapter. Should an occupant refuse to execute the addendum,
then the owner shall secure a written acknowledgement that the occupant
received the addendum and refused to execute the same. Upon oral or
written request by the Borough, the owner, within 10 days of the request,
shall furnish to the Borough copies of the executed addendum or acknowledgment.
F.
Complaints. The owner shall respond to and correct
(or make a good faith effort to correct) complaints or problems within
30 days after receiving notice thereof or a valid complaint from an
occupant.
G.
Complaints and eviction.
[Amended 12-19-2011 by Ord. No. 1275; 5-3-2021 by Ord. No. 1404]
(1)
Any regulated rental unit owner whose occupant has
six Code Enforcement Officer disruptive conduct reports issued against
the occupant or property will have its rental license revoked. After
three disruptive conduct reports, the Code Enforcement Officer will
issue notice to the owner and occupant, via certified mail, that there
have been three disruptive conduct reports filed against the occupant
or property, and after an additional three disruptive conduct reports,
the rental dwelling license for that regulated rental unit will be
revoked for one year. After the sixth disruptive conduct report, the
Code Enforcement Officer will issue a second notice to the owner and
occupant, via certified mail, that the sixth disruptive conduct report
has been filed against the occupant or property. Once notified of
the six disruptive conduct reports, the owner shall have 15 days to
start eviction proceedings against the occupant and show proof and
court date to the Code Enforcement Officer. If proof is not shown
in 15 days, a citation shall be issued to the owner on a weekly basis
until proof is shown of eviction proceedings. If the disruptive conduct
was caused by only one of multiple occupants, then, at the discretion
of the owner or manager, the eviction may be limited to the disruptive
occupant. if all occupants are evicted as a result of the disruptive
conduct, the one-year rental license suspension will commence.
(2)
Upon eviction, the occupant shall not be permitted
to occupy any part of the premises for the remainder of the term of
the rental agreement and, in the case of a boardinghouse, for a period
of one year from the date of the actionable conduct.
(3)
The failure of an owner to carry out an eviction in
accordance with this section shall constitute a violation of this
chapter and result in revocation of the rental license.
(4)
The requirement to evict an occupant shall not apply
if a successful appeal is made to the Council, if a District Court
rules in favor of the occupant in any eviction proceeding, or an appeal
to a court or other legal action has been filed that would prevent
such eviction.
(5)
The Code Enforcement Officer shall maintain a list
of occupants who were evicted and the related premises. Such list
shall be maintained for a minimum period of three years and is subject
to inspection in accordance with applicable law.
(6)
The
occurrence of a conviction for the underlying conduct constituting
disruptive conduct or a judicial finding that such conduct occurred
shall not be a prerequisite for eviction hereunder.
H.
Repairs by the Borough. If an owner of a premises
shall fail or refuse to comply with any notice from the Code Enforcement
Officer to correct a violation relating to the maintenance and repair
of the premises within the period of time stated in such notice, and
the order is not appealed, then the Borough may cause the violation
to be corrected at the owner's expense. There shall be imposed upon
the owner a charge, which shall include the actual costs of maintenance
and/or repair, actual legal fees and court costs together with an
administrative fee in the amount of 25% of actual costs incurred or
$50, whichever is greater, for each time the Borough shall cause a
violation to be corrected. The owner shall be billed after such work
has been completed, and any such bill which remains unpaid and outstanding
after 30 days shall carry interest at the legal rate and be grounds
for the placement of a municipal lien as provided by law.
I.
Inspection by the Borough. The owner shall permit
and schedule inspections of the premises by a Code Enforcement Officer
during Borough business hours, after a minimum of seven calendar days'
notice. The owner shall provide a minimum of three calendar days'
advance notice to the occupant of each rental unit of the time and
date of the inspection. These notice requirements shall not apply
where the Code Enforcement Officer has reason to believe that there
is occurring, or that there is about to occur, a threat to the public
health, safety or welfare.
A.
General.
(1)
The occupant shall comply with all obligations imposed
by this chapter, all other applicable ordinances and codes of the
Borough and all applicable provision of law.
(2)
A regulated rental unit shall not be occupied in any
manner which violates the Zoning Ordinance[1] and other applicable laws, codes, ordinances or regulations.
To the extent that the Zoning Ordinance and other applicable laws,
codes, ordinances or regulations conflict or set different standards
or requirements, the more restrictive shall apply.
B.
Health regulations. The occupant shall collect and
dispose of all rubbish, garbage and other waste in a clean and sanitary
manner and shall comply with Borough ordinances and codes relating
to solid waste, sanitation and recycling. An occupant shall keep that
part of the premises which he or she occupies or controls in a clean
and sanitary condition and free of nuisance conditions.
C.
Illegal activities. Neither occupants nor guests shall
engage in, tolerate or permit any conduct on the premises declared
illegal under any federal or state law or regulation, including, but
not limited to, the Pennsylvania Crimes Code (18 Pa.C.S.A. § 101,
et seq.); the Pennsylvania Liquor Code (47 P.S. § 1-101
et seq.), the Controlled Substance, Drug, Device and Cosmetic Act
(35 P.S. § 780-101 et seq.), or any successor laws.
D.
Disruptive conduct.
(1)
No occupant shall engage in, tolerate or permit guests to engage in disruptive conduct, violations of Subsection C of this section or violations of any other applicable Borough ordinances or codes relating to the use or occupancy of the premises.
(2)
Where a Code Enforcement Officer investigates an allegation
of disruptive conduct, he or she shall complete a disruptive conduct
report. The report shall set forth a finding as to whether there occurred
an incident of disruptive conduct as that term is defined herein.
The report shall include, to the extent known or discoverable, all
information necessary to carry out the purpose and intent of this
chapter. The Council shall approve by resolution the form of report.
(3)
After three disruptive conduct reports, the Code Enforcement
Officer will issue notice to the owner and occupant, via certified
mail, that there have been three disruptive conduct reports filed
against the occupant or property, and after an additional three disruptive
conduct reports, the rental dwelling license for that regulated rental
unit will be revoked for one year. After the sixth disruptive conduct
report, the Code Enforcement Officer will issue a second notice to
the owner and occupant, via certified mail, that the sixth disruptive
conduct report has been filed against the occupant or property. Once
notified of the six disruptive conduct reports, the owner shall have
15 days to start eviction proceedings against the occupant and show
proof and court date to the Code Enforcement Officer. If proof is
not shown in 15 days, a citation shall be issued to the owner on a
weekly basis until proof is shown of eviction proceedings. If the
disruptive conduct was caused by only one of multiple occupants, then,
at the discretion of the owner or manager, the eviction may be limited
to the disruptive occupant. If all occupants are evicted as a result
of the disruptive conduct, the one-year rental license suspension
will commence.[2]
[Amended 5-3-2021 by Ord. No. 1404]
[2]
Editor's Note: Former Subsection D(4) and (5), which immediately
followed, regarding criminal or civil citations, were repealed 12-19-2011
by Ord. No. 1275.
A.
License requirement.
(1)
A rental license shall be required for each occupied,
regulated rental unit within the Borough.
(2)
Within 120 days after the effective date of this chapter,
the owner shall apply for a rental license for each regulated rental
unit on the premises. The rental license shall be acquired by the
owner within 60 days after application; except that for a boardinghouse,
a single rental license shall be issued for the premises covering
all dwelling units contained therein. All forms and applications shall
be provided by the Borough and may be obtained at the Borough office.
(3)
A rental license shall not be issued or renewed until:
(b)
the owner has identified a manager and provided
all of the information concerning the premises and occupancy thereof
in accordance with this chapter.
(c)
The failure of a landlord to pay general or special taxes applicable
to the premises shall not constitute grounds to refuse to issue or
renew, suspend or revoke a rental license.
[Added 3-5-2018 by Ord.
No. 1367]
(4)
The following shall not be considered regulated rental
units for the purpose of this chapter:
(a)
Owner-occupied dwelling units;
(b)
Hotels and motels as defined by the Zoning Ordinance;
(c)
Hospitals and state-licensed nursing homes and
personal care homes;
(d)
Bed-and-breakfast homes as defined in the Zoning
Ordinance;
(e)
One dwelling unit that is on the same lot as
a second dwelling unit, provided the two dwellings units are only
occupied by the owner and a person who is related to the owner; and
(f)
On-campus dormitories owned and/or operated
and maintained by a college or university.
(5)
Dwelling units owned and/or operated by the Housing
Authority within the Borough shall be exempt from the inspection provisions
of this chapter provided that the Code Enforcement Officer determines
annually that the Housing Authority's inspection program is sufficient
to carry out the purpose and intent of this chapter and a copy of
the inspection report is provided to the Code Enforcement Officer.
Dwelling units owned and/or operated by the Housing Authority shall
comply with the requirements of this chapter relating to evictions
and disruptive conduct, unless specifically preempted by federal or
state law.
(6)
A rental license application shall be provided by
the Borough and shall require, at a minimum, that the owner provide
a list containing the name of each resident occupying each unit covered
by the license application, regardless of age. The owner shall update
the list at least annually and from time to time in accordance with
the requirements of this chapter.
[Amended 12-19-2011 by Ord. No. 1275]
(7)
All
premises shall have only one street name and number assigned by the
Borough Engineer. Individual regulated rental units located in any
building, dwelling or structure located thereon may be assigned an
individual unit number by the owner. All individual unit numbers shall
be included on the rental license application along with a list containing
the name of each resident occupying said unit.
[Added 5-3-2021 by Ord. No. 1404]
B.
License term, inspection and fees.
[Amended 12-19-2011 by Ord. No. 1275; 5-3-2021 by Ord. No. 1404]
(1)
Each rental license shall have an annual term.
(2)
Premises regulated hereunder shall be inspected according to the
following schedule:
(a)
Except for a boardinghouse as defined herein, each rental premises,
including all regulated rental units and common areas, shall be inspected
once every two years. In the event that the unit is occupied at the
time of the inspection, the owner shall provide a copy of the inspection
report(s) to the tenant(s) within five days of receipt from the Borough.
(b)
With respect to a boardinghouse, all common areas and individual
units shall be inspected at the same time, every two years.
(c)
Following a determination that there has occurred an active
working fire, each unit so involved shall, if possible, be inspected
within 48 hours of extinguishment of the fire in order to determine
whether the unit or the premises are habitable and subject to occupancy.
If the premises or any unit thereof are deemed not habitable, the
premises or unit, as the case may be, shall be reinspected and approved
for occupancy prior to reoccupancy.
(3)
Except as set forth in Subsection B(2)(c), above, the Borough shall not be obligated to commence and/or complete all inspections within this schedule. If the Borough, through no fault of the owner, manager or occupant, is unable to complete any inspection of the entire rental premises in the designated year, the Borough may inspect the rental premises in one or more following years.
(4)
Upon application for a rental license and prior to any issuance or
renewal thereof, each owner shall pay to the Borough an annual fee.
The fee for a calendar year shall be paid by December 31, and if unpaid,
shall be subject to a penalty in accordance with this chapter. The
fee shall cover the Borough's actual costs to administer the
licensing and inspection program. A fee schedule shall be established
by resolution of the Council and may contain, among other things,
application fees, license fees, late payment penalties, fees for reinspection
of a unit, and fees for reinstatement of suspended or revoked licenses.
(5)
The issuance of a rental license or conduct of any inspection shall
not warrant that a regulated rental unit is lawful, safe, habitable
or in compliance with all Borough codes, and this chapter shall not
constitute a waiver of any immunity granted to the Borough or otherwise
create liability on the part of the Borough.
(6)
The fee for any inspection hereunder shall be the greater of the
fee established by resolution of the Council or the actual cost to
the Borough in the event that a third-party inspector is utilized.
Utilization of a third-party inspector shall be at the sole discretion
of the Borough.
(7)
The Borough may, in the exercise of its discretion, provide the results
of any inspection conducted pursuant to this chapter to the insurer
of any premises regulated hereunder or to the agent of that insurer."
C.
Inspection.
(1)
Each rental premises, including all regulated rental
units and common areas, shall be subject to inspection by the Code
Enforcement Officer pursuant to the schedule provided by this chapter,
and the Code Enforcement Officer shall be authorized to enforce this
chapter and take appropriate measures to abate violations hereof.
[Amended 5-3-2021 by Ord. No. 1404]
(2)
This chapter shall not be construed to limit the Code
Enforcement Officer's authority to conduct inspections or maintain
enforcement actions under any other Borough ordinance or code.
A.
General.
(1)
The Code Enforcement Officer may initiate enforcement
actions against an owner, manager or occupant for violation of any
provision of this chapter that imposes a duty upon such persons.
(2)
Within the limitations of federal and state law, the
Code Enforcement Officer shall have authority to apply for an administrative
search warrant to enter and inspect the premises and/or a regulated
rental unit located thereon.
B.
Violation notices.
(1)
The Code Enforcement Officer shall provide written
notification of violations of this chapter to the owner and occupant
and require that they be corrected within a reasonable time period
as set forth in the notice.
[Amended 5-3-2021 by Ord. No. 1404]
(2)
The Code Enforcement Officer may determine that the
regulated rental unit is unfit for human habitation, in which case
he shall order that it be vacated and remain vacated until the situation
is corrected. In such instance, the Code Enforcement Officer shall
issue to the owner, manager and each occupant a violation notice detailing
the grounds for determining that the unit is unfit.
(3)
For serious violations that do not require that the
regulated rental unit or premises be immediately vacated, the Code
Enforcement Officer may require that the violations be corrected within
a period of time no less than 24 hours.
C.
Nonrenewal.
(1)
The Code Enforcement Officer shall deny an application
for renewal of a rental license if there are outstanding violations
of this chapter or other Borough ordinances or codes relating to the
premises. If such violations do not pose a threat to the safety of
occupants or other members of the public, the Code Enforcement Officer
may permit the current occupant(s) to continue to reside in the premises
for a reasonable period of time as set forth in the notice of nonrenewal.
Any such violations must be corrected within the time limit set forth
in such notice.
(2)
The Code Enforcement Officer may issue a temporary
rental license conditioned upon certain actions being taken to remedy
a defect or violation of this chapter or other Borough ordinances
or codes relating to the premises by a date certain.
D.
Revocation. The Code Enforcement Officer shall revoke
a rental license for the premises or a regulated rental unit if he
determines that violations of this chapter or other Borough ordinances
or codes relating to the premises present an immediate threat to the
safety of occupants or other members of the public, at which time
the owner shall take immediate steps to remove the occupants and to
locate alternative housing for the occupants. The revocation shall
remain in effect until all such violations are corrected and the premises
or unit have been reinspected and approved.
E.
Suspension. The Code Enforcement Officer may suspend
a rental license until violations of this chapter or other Borough
ordinances or codes relating to the premises are corrected and require
that such violations be corrected by a date certain. A failure to
timely correct any or all such violations constitutes grounds for
revocation or nonrenewal of the rental license.
F.
Criteria for applying sanctions. The Code Enforcement
Officer, when deciding upon the sanctions provided for in this chapter,
shall consider the following:
(1)
The effect of the violation on the health and safety
of the occupant(s) of the regulated rental unit, other occupants of
the premises, and neighboring residents;
(2)
Whether the owner has committed prior violations of
this chapter, and whether those violations were satisfactorily corrected
in a timely manner;
(3)
The effect of sanctions upon the occupant(s), particularly
when the occupant(s) did not cause the violation; and
(4)
The actions taken by the owner to remedy the violation(s)
and to prevent future violations, including any written plan submitted
by the owner and good faith efforts of the owner to bring the premises
or regulated rental unit into compliance.
G.
Conditions. In addition to applying and enforcing
sanctions as set forth in this chapter, the Code Enforcement Officer
may establish reasonable conditions upon the reissuance or reinstatement
of a rental license to an owner consistent with the purpose and intent
of this chapter.
H.
Grounds for imposing sanctions. Any of the following
shall subject an owner to sanctions as provided for in this section:
(1)
Failure to abate a violation of this chapter or other
Borough ordinances or codes relating to the premises within the time
frame established in the notice;
(2)
Refusal of an owner, manager or occupant to permit
the inspection of the premises or regulated rental unit by a Code
Enforcement Officer as required by this chapter;
(3)
Failure to take steps to remedy and/or stop violations
of this chapter by occupants of regulated rental units as required
by this chapter; and
(4)
Failure to evict an occupant(s) after having been
directed to do so by a Code Enforcement Officer as provided for in
this chapter.
I.
Procedure for nonrenewal, suspension or revocation
of license.
(1)
Following a determination that grounds for nonrenewal,
suspension or revocation of a rental license exist, the Code Enforcement
Officer shall provide written notice to the owner or manager of the
action to be taken and the reason(s) therefor.
(2)
The written notice required by this subsection shall
include at least the following information:
(a)
The address of the premises in question and
identification of each affected regulated rental unit;
(b)
A description of each violation which has been
found to exist;
(c)
A statement that the rental license for the
premises or each such regulated rental unit is suspended, revoked
or will not be renewed for the next license period unless the violation
is corrected within the time deadline provided in the notice, and
in the case of a revocation, the notice shall state the date upon
which revocation shall occur;
(d)
A statement that during the rental license nonrenewal
or revocation period, the premises or unit shall not be rented for
occupancy except for any temporary, conditional rental license extension
that the Code Enforcement Officer may issue; and
(e)
Information setting forth the appeal process.
J.
Appeals.
(1)
Any person affected by a decision, notice or order
of a Code Enforcement Officer under this chapter, the issuance of
a disruptive conduct report or any eviction order under this chapter
shall have the right to appeal to the Council or, in the case of property
maintenance or repair issues, to the Code Hearing Board. An application
for appeal shall state the grounds for appeal and may include a claim
that a provision of this chapter has been improperly applied or administered,
that factual errors were made by the Code Enforcement Officer or such
other grounds under this chapter as the person may allege.
(2)
A written application for appeal shall be filed at
the Borough office within 20 days after service of the determination,
decision, report, notice or order. An appeal fee to be established
by resolution of the Council shall be paid at the time of filing the
appeal, however, upon request and for good cause shown, the Code Enforcement
Officer may waive the fee or any part thereof. If the appellant is
successful on appeal, then the fee shall be reimbursed.
(3)
Nothing contained herein shall modify the jurisdiction
of the Borough's Zoning Hearing Board, Uniform Construction Code Board
of Appeals or the Board of Health.
K.
Notice.
(1)
Notices of violation and license suspension, revocation
and nonrenewal shall be provided by certified mail to the owner, manager
and occupant. If a notice is returned as unclaimed or refused, then
the Code Enforcement Officer shall make reasonable efforts to attempt
delivery by personal service, which may include posting the notice
conspicuously on the premises.
(2)
The Borough shall not be responsible for failing to
provide notice where the owner has not provided current names and/or
addresses for the owner, manager or occupants.
(3)
Any notice required by this chapter to be given to
the owner shall be deemed delivered to the owner if served upon the
manager.
(4)
A claimed lack of knowledge by the owner of any violation
hereunder shall not be a defense to the nonrenewal, suspension or
revocation of a rental license or any eviction order, provided that
notice was sent to the owner's last known address and the premises
were posted as required by this chapter.
A.
General. Any violation of this chapter shall subject
the owner, manager, and/or occupant to the penalties set forth herein.
The owner and manager are hereby declared to be jointly and severally
liable for violations of this chapter.
B.
Penalties.
(1)
Any person who violates a provision of this chapter
shall, upon conviction thereof by a District Judge, be liable to pay
the following penalties:
(a)
For the first violation in a calendar year:
a fine of $300.
(b)
For a second violation in a calendar year: a
fine of $450.
(c)
For a third and each subsequent violation in
a calendar year: a fine of $600.
(d)
For operation of a regulated rental unit without
a rental license: a fine of $600, per unit.
(2)
Each day that a violation continues to exist after
the time limit established for correction of the violation by the
Code Enforcement Officer without a written time extension or without
the same having been appealed, a separate offense shall be deemed
to have occurred.
(3)
In the event of an eviction of an occupant, the rental
license shall be revoked or suspended until such time as the owner
undertakes and completes any corrective action deemed necessary to
prevent the further occurrence of the activity causing the eviction.
C.
Nonexclusive remedies.
(1)
The penalty provisions and the rental license nonrenewal,
suspension and revocation procedures provided in this chapter shall
not be the exclusive remedies of the Borough in the event of a violation
of this chapter, and the Borough retains all remedies otherwise provided
by law to enforce the requirements of this chapter.
(2)
Where a violation of this chapter constitutes a violation
of another Borough ordinance or code, nothing contained herein shall
preclude or limit the prosecution of a violation under such other
ordinance or code.
D.
Any person found guilty of violating an ordinance shall be assessed
court costs and reasonable attorneys’ fees incurred by the Borough
in the enforcement proceedings.
[Added 4-1-2013 by Ord. No. 1288]
A.
Each owner of a regulated rental unit shall notify
the Code Enforcement Officer in writing of a change in ownership and/or
management no later than five business days prior to such change.
The notice shall include the name, business address and telephone
number of the new owner or manager.
B.
The owner or manager shall notify the Code Enforcement
Officer in writing of a change in the status of the premises from
a nonregulated dwelling unit or building to a regulated rental unit
or a change in the number of regulated rental units on the premises
no later than 30 business days prior to such change. However nothing
contained herein shall negate the requirement that occupancy not occur
until a rental license is obtained.
C.
Each owner and/or manager of a regulated rental unit,
except boardinghouses, shall notify the Code Enforcement Officer in
writing of a change in occupancy no later than five business days
after such change. The notice shall include the name and home address
of each new adult occupant and the total number of persons intended
to occupy the unit.
D.
Any failure to comply with these notice provisions
shall constitute a violation of this chapter.
Where a regulated rental unit is owned by more
than one person, each person shall be jointly and severally responsible
for a violation of this chapter, and each person shall be separately
subject to prosecution for such violation.
[Added 5-3-2021 by Ord. No. 1404]
A.
In order to enhance the Lehigh County E911 System and to provide for a uniform Borough-wide addressing system, the Borough Engineer is hereby responsible for the assignment of all street and house numbers to all premises located within the Borough in accordance with Chapter 120, Buildings. A uniform Borough-wide addressing system is necessary to assist fire, rescue, ambulance companies, law enforcement agencies, the postal service and the public in the timely and efficient provision of services to residents and businesses throughout the Borough.
B.
All premises
shall have only one street name and number assigned by the Borough
Engineer. Individual regulated rental units located in any building,
dwelling or structure located thereon may be assigned an individual
unit number by the owner, and individual mailboxes may be located
on the building, dwelling or structure displaying said individual
unit number.
C.
No premises
shall be permitted to have more than one street name and number.