[HISTORY: Adopted by the Borough Council
of the Borough of Honesdale 5-18-2006 by Ord. No. 616. Amendments noted where
applicable.]
A.
It is the purpose of this chapter and the policy of
the Council of the Borough of Honesdale, in order to protect and promote
the public health, safety and welfare of its citizens to establish
rights and obligations of owners and occupants relating to residential
rental units in the Borough of Honesdale and to encourage owners and
occupants to maintain and improve the quality of rental housing within
the community. It is also the policy of the Borough that owners, managers
and occupants share responsibilities to obey the various codes adopted
to protect and promote the public health, safety and welfare. As a
means to those ends, this chapter provides for a system of residential
rental registration and licenses and sets penalties for violations.
This chapter shall be liberally construed and applied to promote its
purposes and policies.
B.
In considering the adoption of this chapter, the Council
of the Borough of Honesdale makes the following findings:
(1)
The Borough has experienced more problems with the
maintenance of residential rental properties.
(2)
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.
(3)
The health, safety and welfare of occupants of rental
units within the Borough would be enhanced by a system of residential
rental unit licensing, insuring compliance with the codes governing
the maintenance of existing structures.
The Borough Code Enforcement Officer or such
other individual or firm appointed by the Borough Council shall administer
this chapter in accordance with its terms and shall be responsible
for instituting enforcement proceedings on behalf of the Borough.
As used in this chapter, the following terms
shall have the meaning indicated unless a different meaning clearly
appears from the context:
An adult individual designated by the owner of a residential
rental unit as a responsible local agent.
A private residence where rooms are set aside for paying
guests on an overnight or transient basis.
[Added 4-14-2008 by Ord. No. 631]
The Borough of Honesdale, Wayne County, Pennsylvania.
Any code or ordinance adopted or in effect in and for the
Borough of Honesdale, as amended from time to time.
The officer is charged with the administration of this chapter
or any duly authorized representative of said officer.
Any form of conduct, action, incident or behavior perpetrated,
caused or permitted by any occupant or visitor of a residential rental
unit that is so loud, offensive, riotous or that otherwise disturbs
other persons of reasonable sensibility in their peaceful enjoyment
of their premises or causes damage to said premises such that a report
is made to a police officer complaining of such conduct, action, incident
or behavior. It is not necessary that such conduct, action, incident
or behavior constitute a criminal offense, nor that criminal charges
be filed against any person in order for said person to have perpetrated,
caused or permitted the commission of disruptive conduct as defined
herein; provided, however, that no disruptive conduct shall be deemed
to have occurred unless a public officer or a police officer shall
investigate and make a determination that such did occur. The tenant,
the owner and the responsible agent shall be notified of any such
occurrences in writing.
Any room or group of rooms located within a hotel or motel
forming a single habitable unit used or intended to be used for living
and sleeping on a transient basis.
[Added 4-14-2008 by Ord. No. 631]
The legal or beneficial holder of title to a residential
unit.
A document issued every year for a fee by the Borough of
Honesdale to the owner or responsible agent of a residential rental
unit evidencing the existence of said residential rental unit upon
completed application by owner or agent to the Borough of Honesdale.
The residential unit occupied by a person other than the
owner.[1]
Any structurally enclosed area including or intending to
include sleeping facilities.[2]
Any and all duly registered and identified occupants of any
and all residential rental units.
[Added 12-20-2018 by Ord.
No. 691]
The occupant(s) of the residential unit identified to the
Borough at the time of the registration of every and all such residential
rental units. Identification of any and all such tenants shall be
reported to the Borough upon each and every change of tenant(s).
[Added 12-20-2018 by Ord.
No. 691]
[1]
Editor's Note: Ordinance No. 691, adopted 12-20-2018, provided
that any and all references to "residential rental unit" or "residential
unit" in this chapter "shall include and does hereby include any and
all residential rental units, including units containing more than
two residential units and other multiple residential units which may
be considered as commercial residential units under the Code."
[2]
Editor's Note: Ordinance No. 691, adopted 12-20-2018, provided
that any and all references to "residential rental unit" or "residential
unit" in this chapter "shall include and does hereby include any and
all residential rental units, including units containing more than
two residential units and other multiple residential units which may
be considered as commercial residential units under the Code."
A.
It shall
be the duty of every owner to keep and maintain all regulated rental
units and premises in compliance with all applicable codes and provisions
of all other applicable laws and regulations and local ordinances
and to keep said property in a good and safe condition. As provided
in this chapter, every owner shall be responsible for regulating the
proper and lawful use of said property.
B.
It shall also be the duty of every owner to schedule an inspection
of each and every residential unit each and every time a change of
the tenant of record occurs. The owner shall be responsible for an
inspection fee for each and every residential inspection required
under these provisions. The inspection fee shall be the inspection
fee as promulgated and duly adopted by Honesdale Borough Council in
the Honesdale Borough Fee Schedule Resolution in effect at the time
of any and all inspections.[1]
[Added 12-20-2018 by Ord.
No. 691]
[1]
Editor's Note: The current Fee Schedule is on file in
the Borough offices.
A.
License requirement. It shall be unlawful for any
person, firm or business entity to conduct or operate or cause to
be rented, either as owner, agent or manager, within the Borough any
residential unit without having first obtained a license to do so
as hereafter provided.
B.
Application. Within 90 days after the effective date
of this chapter and annually thereafter, the owner of each residential
rental unit existing on the effective date of this chapter shall make
written application to the Code Enforcement Officer for a license
for such use on a form to be supplied by the Code Enforcement Officer
and containing such information as necessary to administer and enforce
and to insure compliance with the provisions of this chapter and the
Borough Building Codes.
C.
Designation of agent. Every owner who is not a full-time
resident of the Borough of Honesdale or elsewhere in an area that
is not within a twenty-mile radius of the Borough of Honesdale shall
designate an agent who shall reside in the Borough of Honesdale or
in an area that is within a twenty-mile radius of the Borough of Honesdale.
If the owner is a business entity, an agent shall be required if an
officer of the business does not reside within the aforesaid area.
The agent shall be authorized by the owner to receive service of process,
notices and demands, as well as perform the obligations of the owner
under this chapter. The identity, address and telephone number of
the person who is designated as agent shall be provided by the owner
or agent to the Borough, and such information shall be kept current
and updated as it changes.
D.
Issuance of license. Upon the receipt of a fully completed
application, including the list of tenants' names and the appropriate
license fee and provided that the owner is not in violation of the
requirements of this chapter or any ordinance or code of the Borough,
the Code Enforcement Officer shall issue a license for the property.
E.
Renewal of license. Each license shall expire on the
date set on the license and shall be renewed upon reapplication by
the owner as long as the owner is not in violation of the requirements
of this chapter or any ordinance or code of the Borough.
F.
Transfer of license/change of ownership. The license
issued is transferable to any person or entity who has acquired ownership
of the licensed residential rental unit for the unexpired portion
of the licensed term for which it was issued or reissued, provided
that the application to transfer such license is filed with the Code
Enforcement Officer at least 10 days prior to any change in ownership
and the licensed residential rental unit is in compliance with all
of the Borough codes and ordinances.
A.
The owner shall maintain the premises in compliance
with the applicable codes of the Borough and shall regularly perform
all routine maintenance and shall promptly make any necessary repairs
to fulfill this obligation.
B.
Inspections by Code Enforcement Officer. The owner
shall permit inspections of any premises by the Code Enforcement Officer
at reasonable times upon reasonable notice. The Code Enforcement Officer
may inspect premises with the tenant's approval at any reasonable
time.
The tenant shall comply with all applicable
codes and ordinances of the Borough of Honesdale.
A.
Inspection of premises. The tenant shall permit inspections
of any premises by the Code Enforcement Officer at reasonable times
upon reasonable notice. The Code Enforcement Officer may inspect premises
with an owner's approval at any reasonable time.
B.
Disruptive conduct. The occupant shall not engage
in nor tolerate nor permit others on the premises to engage in disruptive
conduct or other violations of this chapter.
(1)
When police investigate an alleged incident of disruptive
conduct, he or she shall complete a disruptive conduct report upon
a finding that the reported incident did in his or her judgment constitute
disruptive conduct as defined herein. The information filed on said
report shall include, if possible, the identity or identities of the
alleged perpetrator of the disruptive conduct and all other obtainable
information, including the factual basis for the disruptive conduct,
requested on the prescribed form. Where the police make such investigations,
said police officer shall then submit the completed disruptive conduct
report to the Code Enforcement Officer. In all cases, notice of the
disruptive conduct shall be mailed to the owner or agent within three
working days of the occurrence of the alleged disruptive conduct.
(2)
After three disruptive conduct incidents in any twelve-month
period by an occupant, the owner or agent shall have 10 working days
from the date of receiving the notice to begin eviction proceedings
against the occupants. Failure to take such action will result in
the immediate revocation of the residential rental license. This subsection
is not intended to limit the owner or agent from initiating eviction
actions prior to the third disruptive incident.
A.
The Code Enforcement Officer may suspend a license
upon a finding that one or more of the requirements of the Borough
Codes or Borough Zoning Ordinance[1] has been violated. The Code Enforcement Officer shall
give written notice to the owner and agent if applicable of the violations
of the Borough Codes or Zoning Ordinance. Upon failure of the licensed
holder to correct the violation stated in the notice of violation
within 30 days, the license may be revoked. The suspended license
may be reinstated upon meeting the requirements of the Code.
B.
Nonrenewal. Nonrenewal is the determination by the
Code Enforcement Officer that an owner's application for a license
should not be granted or renewed because the owner is in violation
of a provision or provisions of any Borough Code. The Code Enforcement
Officer will accept application for renewal of a license but will
not approve or disapprove the same until all prior violations of this
chapter have been corrected.
C.
Failure to file an application for residential rental
license. In the event that an owner fails to file an application for
a residential rental license as required by this chapter, the Code
Enforcement Officer shall provide written notice to the owner that
unless the owner files said application within 10 business days of
the date of the letter, the Code Enforcement Officer may deny license
renewal after the expiration of the present license and/or file charges
for the violation.
D.
Discontinuation of occupancy. When a license has been
denied, expired, suspended or revoked, no further rental or occupancy
of such rental units shall be permitted until a license has been issued.
It shall be unlawful for any person as either
owner or agent of a regulated rental unit for which a license is required
to operate without a valid current license issued by the Borough authorizing
such operation. It shall be unlawful for any owner or occupant to
violate this chapter.
A.
Any owner found to be operating a residential rental
unit without an effective rental license shall be subject to a fine
in the amount of $100 a day for every day the owner is found to be
operating the residential rental unit without a license issued from
the Borough of Honesdale.
B.
Any person violating any of the other provisions of
this chapter shall be subject to a fine of $50 for a first offense,
$100 for second offense and $150 for each offense thereafter.
C.
The failure of the owner to secure an inspection upon change of tenant
of record shall also constitute a violation under this chapter. An
owner who is found to have failed to have secured such an inspection
shall be subject to a fine in the amount of the inspection fee then
in effect for each and every day the owner is found to have failed
to secure such an inspection.
[Added 12-20-2018 by Ord.
No. 691]
A.
The fee
for a residential rental license shall be set by the Borough Council
upon enactment of this chapter and may be amended by the Borough Council
from time to time.
B.
Any and all such amendments to any and all such fees, costs, inspections,
or similar levies or charges provided for herein may be promulgated
and adopted by Honesdale Borough Council by the adoption of the Honesdale
Borough Fee Schedule Resolution referenced herein.[1]
[Added 12-20-2018 by Ord.
No. 691]
[1]
Editor's Note: The current Fee Schedule is on file in
the Borough offices.
A.
All mailings
under this chapter shall be made by the Borough of Honesdale via United
States mail, postage prepaid, certified mail, return receipt requested.
B.
The notice provision provided for herein shall also include the means
of service of any notice of violation, notice of penalties and any
and all other such notice requirements provided for herein.
[Added 12-20-2018 by Ord.
No. 691]
[Added 4-14-2008 by Ord. No. 631]
Hotels, motels and bed-and-breakfasts are exempt from this chapter.
