[HISTORY: Adopted by the Borough Council
of the Borough of Coopersburg 5-24-2005 by Ord. No. 577; amended in its entirety 9-15-2015 by Ord. No. 650. Subsequent amendments noted where applicable.]
A.
All Residential Rental Properties shall be inspected to assure compliance
with the ordinances and codes of the Borough and the maintenance requirements
and standards for such properties set forth in this chapter. Such
inspection shall occur each time the property changes ownership or
every three years, whichever is shorter.
B.
"Residential Rental Property" means a rooming unit or dwelling unit
let for rent, or an other-than-owner-occupied residential unit. A
Residential Rental Property shall not include a fraternity, hotel,
or motel unit. A Residential Rental Property shall include residential
properties under lease purchase agreements.
C.
"Change of ownership" means the transfer of legal or equitable title
to the property by deed or other written instrument whether recorded
or not. The definition also includes an agreement of sale that provides
for the transfer of title after a certain number of installment payments
by the tenant.
D.
The owner shall maintain the Residential Rental Property in compliance
with all applicable ordinances and codes of the Borough and shall
comply with the following maintenance requirements and standards for
Residential Rental Properties:
(1)
Exterior property areas. All exterior property and premises shall
be maintained in a clean and sanitary condition and all walkways shall
be maintained free from hazardous conditions.
(2)
Exterior structure shall be maintained in good repair, structurally
sound, and watertight.
(3)
Interior structure shall be maintained in good repair, structurally
sound and in sanitary condition.
(5)
Windows. All glazing materials shall be maintained free from cracks
and holes. Every operable window shall be capable of being held up
by its own hardware.
(6)
Smoke detectors shall be required on every floor, including basement
and every bedroom.
(7)
Fire protection systems. All systems, devices and equipment to detect
a fire, actuate an alarm or suppress a fire shall be maintained in
an operable condition at all times. There shall be a working fire
extinguisher on each floor.
(8)
Electrical. GFIC receptacles shall be required in all bathrooms,
powder rooms, garages, unfinished basements, and all outside receptacles.
(a)
All receptacles will be checked for polarity and correct wiring.
(b)
Every tenant shall be served by a main service of not less than
60 amps, three wires which shall be accessible to the tenant.
(c)
All electric wiring must be secured. Conductors must terminate
and/or connect to an enclosed junction box.
(d)
Extension cords over six feet long are not allowed for permanent
use.
(e)
In a multiple-unit property, exit signs shall be illuminated
at all times and emergency lighting shall be adequate and operational.
E.
Every three years an owner or tenant shall secure from the Borough
of Coopersburg a certificate of occupancy. A certificate of occupancy
shall not be issued unless the inspection required by this chapter
has been completed and all violations are abated. No tenant shall
occupy a Residential Rental Property and no owner shall allow a tenant
to occupy a Residential Rental Property unless a current certificate
of occupancy is issued for the Residential Rental Property.
F.
Where a Residential Rental Property is to be demolished and a valid
demolition permit conforming to the Building Code of the Borough of
Coopersburg has been obtained, the provisions set forth in this chapter
shall not be applicable and a certificate shall not be required provided
such Residential Rental Property is demolished.
G.
When a Residential Rental Property is being refinanced by the current
owner, the certificate set forth in this chapter shall not be required.
H.
All property owned by the Housing Authority of the County of Lehigh
which is inspected annually by governmental agencies to assess conformance
with federal standards, or properties that are inspected annually
for compliance with the requirements of the United States Department
of Housing and Urban Development or the Pennsylvania Housing Finance
Agency, shall be exempt from the provisions of this chapter.
I.
The provisions of this chapter shall not apply to hospitals, nursing
homes, group homes, or other rental units used for human habitation
which offer or provide medical or nursing services, and wherein all
operations of such facilities are subject to county, state, or federal
licensing or regulation concerning the health and safety of the users,
patients or tenants.
J.
Failure and/or refusal by the Residential Rental Property owner and
his/her designated agent to secure the necessary certificate of occupancy,
or failure and/or refusal to provide access for inspection upon reasonable
notice shall be deemed a violation of this chapter.
K.
Upon a showing of probable cause that a violation of this chapter
or any other ordinance of the Borough has occurred, the Code Enforcement
Officer may apply to the Magisterial District Justice having jurisdiction
in the Borough for a search warrant to enter upon and in and inspect
the Residential Rental Property.
In case the owner of the Residential Rental Property shall neglect,
fail or refuse to comply with any notice from the Borough or its Code
Enforcement Officer to correct a violation relating to the maintenance
and repair of the Residential Rental Property under any ordinance
or code of the Borough within the time stated in such notice, the
Borough may cause the violation to be corrected by Borough employees
or by an independent contractor hired by the Borough for such purpose.
There shall be imposed upon the owner a charge of the actual cost
to correct the violation plus 10% of said cost for administrative
expenses to be billed after the work has been completed. Any such
bill which remains unpaid and outstanding for payment more than 30
days after the date of the bill shall be grounds for the imposition
of a municipal lien upon the Residential Rental Property as provided
by law. Such lien may be reduced to judgment and enforced and collected
as provided by law, together with interest at the legal rate, attorney
fees and costs. The remedies provided by this section shall not be
exclusive and the Borough may invoke such other remedies available
under this chapter or other applicable laws or ordinances of the Borough,
including, where appropriate, condemnation proceedings or nonrenewal
of any certificate of occupancy.
The fees for the inspections conducted pursuant to this chapter
are $102 per unit for the first inspection and $30 for any reinspection
after a violation has been noted. The fees shall be paid in advance
and shall be the sole responsibility of the current owner of the Residential
Rental Property. All fees are subject to change by authorization of
Borough Council.
A.
All owners of a Residential Rental Property located in the Borough
of Coopersburg shall register all units with the Borough Office.
B.
The registration form shall list the name, address, and telephone
number of the Residential Rental Property owner, the location of the
property, the number of units in the Residential Rental Property,
and the names of the respective tenants.
C.
Failure to register the units with the Borough Office within 90 days
from the date of the passage of this chapter or within 30 days following
the purchase or conversion of a structure to a Residential Rental
Property shall constitute a violation of this chapter.
Any person, partnership, limited liability company, corporation
or any other entity which violates the provisions of this chapter
shall be subject to the following penalties:
A.
First violation: a fine up to $200;
B.
Second violation: a fine up to $500;
C.
Third and each subsequent violation: a fine up to $1,000.
D.
If any Residential Rental Property is owned by more than one person,
partnership, limited liability company, corporation or any other entity,
in any form or manner, each person, partnership, limited liability
company, corporation or any other entity shall be jointly and severally
responsible for the duties imposed under this chapter and shall be
subject to prosecution for the violation of this chapter jointly and/or
severally.
This chapter shall become effective 60 days from the date of
its adoption.
A.
By conducting the inspections pursuant to this chapter, the Borough
does not warrant or guarantee the complete safety or suitability of
Residential Rental Property.
B.
For all inspections conducted pursuant to this chapter, the Borough
of Coopersburg shall not be responsible for violations that occur
between the inspection and settlement date and/or rental period.
C.
If any provision of this chapter or the application thereof is held
invalid, the invalidity shall not affect any other provisions or applications
of this chapter, and the remaining provisions shall be given full
force and effect as completely as if the part or parts held invalid
had not been included herein.
