[HISTORY: Adopted by the Borough Council
of the Borough of Marcus Hook 2-5-1979 by Ord. No. O-79-3. Amendments noted where
applicable.]
A.
It is the purpose of this chapter and the policy of
the Council of the Borough of Marcus Hook, in order to protect and
promote the public health, safety and welfare of its citizens, to
establish obligations of owners and occupants relating to rental of
certain residential rental units in the Borough of Marcus Hook. The
Council of the Borough of Marcus Hook has recognized the need to:
(1)
Preserve the quality of life for residents of the
Borough living in rental dwelling units;
(2)
Identify, reduce and eliminate the potential adverse
secondary effects from blighted deteriorating housing stock; and
(3)
Ensure the rehabilitation of housing that does not
comply with state and local building and housing laws and with maintenance
standards.
B.
As a means to those ends, this chapter provides for
a system of inspections and issuance and renewal of operating licenses,
and sets penalties for violations.
As used in this chapter, the following terms
shall have the meanings indicated:
A structure or that part of a structure which is used or
intended to be used as a home, residence or sleeping place by one
or more persons maintaining a common household to the exclusion of
all others.
Any building or structure or singly owned part thereof containing
two or more dwelling units.
Designation given to property used as the owner's residence.
[Added 12-1-2008 by Ord. No. O-08-3, approved 12-1-2008]
A dwelling not occupied by the owner, as determined by the
most current deed, or his immediate family (spouse, father, mother
and children), regardless of length of stay or the absence of a rental
charge.
[Added 12-1-2008 by Ord. No. O-08-3, approved 12-1-2008]
Any building or structure or part thereof containing one
or more rooming units.
A.
The Code Enforcement Office of the Borough is hereby
authorized and directed to develop and adopt plans for the inspection
of dwelling units subject to the provisions of this chapter, including:
(1)
A plan for the periodic inspection of multiple dwellings,
rooming houses and rental dwelling units subject to the provisions
of this chapter governing the licensing and operation of such dwellings.
[Amended 11-7-1983 by Ord. No. O-83-11, approved 11-7-1983]
(2)
A plan for the systematic inspection of dwelling units
contained in such contiguous areas within the Borough of Marcus Hook
as may from time to time be designated by the Code Enforcement Officer.
A.
The Code Enforcement Officer shall enforce the provisions of this chapter and is hereby authorized and directed to make inspections pursuant to one or more of the plans for inspection authorized by § 135-2A or in response to a complaint that an alleged violation of the provisions of this chapter or of applicable rules or regulations pursuant thereto may exist or when the Code Enforcement Officer has valid reason to believe that a violation of this chapter or of any rules and regulations pursuant thereto has been or is being committed.
B.
The Code Enforcement Officer is hereby authorized
to enter and inspect between the hours of 8:00 a.m. and 5:00 p.m.
all dwellings, dwelling units, rooming houses, rooming units, dormitories
and dormitory rooms subject to the provisions of this chapter for
the purpose of determining whether there is compliance with its provisions.
C.
The Code Enforcement Officer is hereby authorized
to inspect the premises surrounding dwellings, dwelling units, rooming
houses, rooming units, dormitories and dormitory rooms subject to
this chapter for the purpose of determining whether there is compliance
with its provisions.
D.
The Code Enforcement Officer and the owner, occupant or other person in charge of a dwelling, dwelling unit, rooming unit, rooming house, dormitory or dormitory room subject to this chapter may agree to an inspection by appointment at a time other than the hours provided in Subsection B.
E.
The owner, occupant or other person in charge of a
dwelling, dwelling unit, rooming unit, rooming house, dormitory or
dormitory room, upon presentation of proper identification by the
Code Enforcement Officer, a copy of any relevant plan of inspection
pursuant to which entry is sought and a schedule of the specific areas
and facilities to be inspected, shall give the Code Enforcement Officer
entry and free access to every part of the dwelling, dwelling unit,
rooming unit, dormitory or dormitory room and to the premises surrounding
any of these.
F.
The Code Enforcement Officer shall keep confidential
all evidence which it may discover or obtain in the course of an inspection
made pursuant to this section, and such evidence shall be considered
privileged.
G.
If any owner, occupant or other person in charge of a dwelling, dwelling unit or rooming unit or of a multiple dwelling, rental dwelling unit or rooming house subject to licensing under § 135-4 fails or refuses to permit free access and entry to the structure or premises under his control, or any part thereof, with respect to which an inspection authorized by this chapter is sought to be made, the Code Enforcement Officer may, upon a showing that probable cause exists for the inspection and for the issuance of an order directing compliance with the inspection requirements of this section with respect to such dwelling, dwelling units, rooming unit, multiple dwelling, rooming house or rental dwelling unit, petition and obtain such order from a court of competent jurisdiction.
[Amended 11-7-1983 by Ord. No. O-83-11, approved 11-7-1983]
A.
No person shall operate a multiple dwelling, rooming
house or rental dwelling unit unless he holds a current unrevoked
operating license issued by the Code Enforcement Officer in his name
for the specific named multiple dwelling, rooming house or rental
dwelling unit.
[Amended 11-7-1983 by Ord. No. O-83-11, approved 11-7-1983]
B.
Every operating license shall be issued for a period
of one year from its date of issuance, unless sooner revoked, and
may be renewed for successive periods of not to exceed one year.
C.
The Code Enforcement Officer is hereby authorized,
upon application therefor, to issue a new operating license and renewals
thereof in the names of applicant owners or operators of multiple
dwellings, rooming houses or rental dwelling units. No such licenses
shall be issued unless the multiple dwelling, rooming house or rental
dwelling unit in connection with which the license is sought is found,
after inspection, to meet all requirements of this chapter and of
applicable rules and regulations pursuant thereto.
[Amended 11-7-1983 by Ord. No. O-83-11, approved 11-7-1983]
D.
No operating license shall be issued or renewed unless
the applicant owner or operator has first made application therefor
on an application form provided by the Code Enforcement Officer. The
Code Enforcement Officer shall develop such forms and make them available
to the public.
E.
No operating license shall be issued or renewed unless the applicant owner or operator agrees in his application to such inspections pursuant to §§ 135-2A and 135-3A as the Code Enforcement Officer may require to determine whether the multiple dwelling, rooming house or rental dwelling unit in connection with which such license is sought is in compliance with the provisions of this chapter and with applicable rules and regulations pursuant thereto.
[Amended 11-7-1983 by Ord. No. O-83-11, approved 11-7-1983]
F.
Rental units (residential).
[Amended 3-4-1985 by Ord. No. O-85-2,
approved 3-4-1985; 11-2-1987 by Res. No. R-87-13, approved 11-2-1987; 1-3-1994 by Res. No. R-94-1, approved 1-3-1994; 11-4-2002 by Res. No. R-02-14, approved 11-4-2002]
(1)
No residential rental operating license shall be issued
or renewed unless the completed application form is accompanied by
a fee of $100 per year, per unit, from the date of issuance.
(2)
Said fee covers the annual inspection and licensing
of multiple-family dwelling units, rooming house units and rental
dwelling units.
H.
No operating license shall be issued or renewed for
a nonresident applicant unless such applicant designates in writing
to the Code Enforcement Officer the name of his agent for the receipt
of service of notice that there is a violation of the provisions of
this chapter and for service of process pursuant to this chapter.
I.
No operating license shall be issued or renewed for
a resident applicant unless such applicant has first designated an
agent for the receipt of service of notice of violations of the provisions
of this chapter and for service of process pursuant to this chapter
when said applicant is absent from the Borough of Marcus Hook for
30 days or more. Such a designation shall be made in writing and shall
accompany each application form. The applicant may designate any person
resident in the Borough of Marcus Hook as his agent for this purpose.
J.
No operating license shall be renewed unless an application
therefor has been made within 60 days prior to the expiration of the
present operating license.
K.
Each license shall be displayed in a conspicuous place
within the common ways of the multiple dwelling; rooming house or
rental dwelling units. No license shall be transferable to another
person or to another multiple dwelling, rooming house or rental dwelling
unit. Every person holding an operating license shall give notice
in writing to the Code Enforcement Officer within 24 hours after having
transferred or otherwise disposed of the legal control of any licensed
multiple dwelling, rooming house or rental dwelling unit. Such notice
shall include the name and address of the person or persons succeeding
to the ownership or control of such multiple dwellings, rooming house
or rental dwelling unit.
[Amended 11-7-1983 by Ord. No. O-83-11, approved 11-7-1983]
L.
Every owner or operator of a licensed multiple dwelling, rooming house or rental dwelling unit shall keep or cause to be kept an accurate record of all repairs, alterations and equipment changes related to the provisions of this chapter or to any rules and regulations pertaining thereto, and of all corrections made as the result of inspections by the Code Enforcement Officer. Such record shall be made available to the Code Enforcement Officer by the owner or operator when requested. Every owner or operator subject to this section shall be notified that such record may be used in administrative or judicial proceedings pursuant to the provisions of this chapter. The administrative authority shall, upon issuance of a license as required in Subsection A, advise the licensee of the necessity for such record and the manner in which such record shall be kept.
[Amended 11-7-1983 by Ord. No. O-83-11, approved 11-7-1983]
M.
Whenever, upon inspection of the licensed multiple dwelling, rooming house or rental dwelling unit or of the records required to be kept by Subsection L, the Code Enforcement Officer finds that conditions or practices exist which are in violation of the provisions of this chapter or of any applicable rules and regulations pursuant thereto, he shall serve the owner or operator with notice of such violation in the manner hereinafter provided. Such notice shall state that unless the violations cited are corrected within a reasonable time, the operating license may be suspended.
[Amended 11-7-1983 by Ord. No. O-83-11, approved 11-7-1983]
N.
At the end of the time he has allowed for correction
of any violation cited, the Code Enforcement Officer shall reinspect
the multiple dwelling, rooming house or rental dwelling unit, and
if he determines that such conditions have not been corrected, he
may issue an order suspending the operating license.
[Amended 11-7-1983 by Ord. No. O-83-11, approved 11-7-1983]
O.
Any person whose license to operate a multiple dwelling,
rooming house or rental dwelling unit has been suspended shall be
entitled to a reconsideration of the order or a formal hearing in
the manner hereinafter provided by this chapter. If no request for
reconsideration or petition for hearing reaches the Code Enforcement
Officer within 21 days following the issuance of the order of suspension,
the license shall be revoked, except that prior to revocation any
person whose license has been suspended may request reinspection upon
a showing that the violation or violations cited in the notice have
been corrected.
[Amended 11-7-1983 by Ord. No. O-83-11, approved 11-7-1983]
P.
If, upon reinspection, the Code Enforcement Officer
finds that the multiple dwelling, rooming house or rental dwelling
unit in connection with which the notice was issued is now in compliance
with this chapter and with applicable rules and regulations issued
pursuant thereto, he shall reinstate the license. A request for reinspection
shall not extend the suspension period unless the Code Enforcement
Officer grants such request.
[Amended 11-7-1983 by Ord. No. O-83-11, approved 11-7-1983]
A.
Whenever the Code Enforcement Officer determines that
any dwelling, dwelling unit or rooming unit or the premises surrounding
any of these fails to meet the requirements set forth in this chapter
or in applicable rules and regulations issued pursuant hereto, he
shall issue a notice setting forth the alleged failures and advising
the owner, occupant, operator or agent that such failures must be
corrected. This notice shall:
(1)
Be in writing.
(2)
Set forth the alleged violations of this chapter or
of applicable rules and regulations issued pursuant thereto.
(3)
Describe the dwelling, dwelling unit or rooming unit
where the violations are alleged to exist or to have been committed.
(4)
Provide a reasonable time, not to exceed 60 days,
for the correction of any violation alleged.
(5)
Be served upon the owner, occupant, operator or agent
of the dwelling, dwelling unit or rooming unit personally or by registered
mail, return receipt requested, addressed to the last known place
of residence of the owner, occupant, operator or agent. If one or
more persons to whom such notice is addressed cannot be found after
diligent efforts to do so, service may be made upon such person or
persons by posting a notice in or about the dwelling, dwelling unit
or rooming unit described in the notice or by causing such notice
to be published in a newspaper of general circulation for a period
of three consecutive days; or
B.
At the end of the period of time allowed for the correction
of any violation alleged, the Code Enforcement Officer shall reinspect
the multiple dwelling, rooming house or rental dwelling unit described
in the notice.
[Amended 11-7-1983 by Ord. No. O-83-11, approved 11-7-1983]
C.
If upon reinspection the violations alleged are determined
by the Code Enforcement Officer not to have been corrected, he shall
issue a second notice of violation, which shall constitute an order
requiring that the then-existing failures to meet the requirements
of this chapter or of applicable existing rules or regulations issued
pursuant thereto shall be corrected within a reasonable time allowed
if the person served with such notice does not request a reconsideration
or petition for a hearing on the matter in the manner hereinafter
provided.
E.
The Code Enforcement Officer, after the expiration
of time granted the person served with such second notice to seek
reconsideration or a hearing in the manner hereinafter provided by
this chapter, or after a final decision adverse to such person served
has been rendered by a court of competent jurisdiction to which an
appeal has been taken, shall cause the second notice to be recorded
in the office of the Recorder of Deeds of Delaware County.
F.
All subsequent transferees of the multiple dwelling,
rooming house or rental dwelling unit in connection with which a second
notice has been so recorded shall be deemed to have notice of the
continuing existence of the violations alleged and shall be liable
to all penalties and procedures provided by this chapter and by applicable
rules and regulations issued pursuant thereto to the same degree as
was their transferor.
[Amended 9-6-1988 by Ord. No. O-88-5,
approved 5-6-1988]
Any owner, occupant, operator or agent of a
multiple dwelling, rooming house or rental dwelling unit who has received
the second order or notice of a violation of this chapter shall be
punishable by a fine of up to the maximum amount as provided from
time to time by state statute for each day each violation continues
after expiration of the specified reasonable consideration period,
provided that no such penalty shall be applicable while a hearing
or appeal to a court of competent jurisdiction is pending in the matter.
[Amended 12-3-2018 by Ord. No. O-18-5; approved 12-3-2018]
A.
All appeals under this chapter shall be held by and before the Borough
Council of the Borough of Marcus Hook. Any person affected by any
notice which has been issued in connection with the enforcement of
any provision of this chapter or of any rule or regulation adopted
pursuant thereto may request and shall be granted a hearing on the
matter before the Borough Council of the Borough of Marcus Hook, provided
that such person shall file in the office of the Code Enforcement
Officer a written petition requesting such hearing and setting forth
a brief statement of the grounds therefor within 14 days after the
day the notice was served. Upon receipt of such petition the Borough
Council shall set a time and place for such hearing and shall give
the petitioner written notice thereof. At such hearing, the petitioner
shall be given an opportunity to be heard and to show why such notice
should be modified or withdrawn. The hearing shall be commenced not
later than 10 days after the day on which the petition was filed,
provided that upon application of the petitioner, the Code Enforcement
Officer may postpone the date of the hearing for a reasonable time
beyond such ten-day period if in his judgment the petitioner has submitted
sufficient reason for such postponement.
B.
After the hearing, the Borough Council may sustain, modify or withdraw
the notice of the violation on the basis of the findings of the hearing
and shall give petitioner written notice thereof. Such proceedings
shall be summarized in writing and shall become a matter of public
record in the office of the Code Enforcement Officer. Such record
shall also include a copy of every notice or order issued in connection
with the matter. Any person aggrieved by the decision of the Borough
Council may seek relief therefrom in any court of competent jurisdiction,
as provided by the laws of this state.
In any case where a provision of this chapter
is found to be in conflict with a provision of any zoning, building,
fire, safety or health ordinance or code of the Borough of Marcus
Hook existing on the effective date of this chapter,[1] the provision which establishes the higher standard for
the promotion and protection of the health and safety of the people
shall prevail. In any case where a provision of this chapter is found
to be in conflict with a provision of any other ordinance or code
of the Borough of Marcus Hook existing on the effective date of this
chapter which establishes a lower standard for the promotion and protection
of the health and safety of the people, the provisions of this chapter
shall be deemed to prevail, and such other ordinances or codes are
hereby declared to be repealed to the extent that they may be found
in conflict with this chapter.
