[HISTORY: Adopted by the Borough Council of the Borough of
Towanda 5-27-2008 by Ord. No. 1-2008. Amendments noted where applicable.]
GENERAL REFERENCES
Planning and Zoning Commission — See Ch. 46.
Uniform construction codes — See Ch. 112.
Solid waste — See Ch. 253.
Street naming and address numbering system — See Ch. 259.
Streets and sidewalks — See Ch. 264.
Trees and shrubs — See Ch. 284.
Unsafe structures — See Ch. 291.
Zoning — See Ch. 275.
A.
General. It is the purpose of this chapter and the policy of the
Council of the Towanda Borough, 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 non-owner and
owner-occupied residential rental real property in Towanda Borough
and to encourage said owners and occupants to maintain and improve
the quality of residential rental real property within the community.
It is also the policy of the Borough that owners, managers and occupants
of residential rental real property share responsibilities to obey
the various law, regulations, codes and ordinances adopted to protect
and promote public health, safety and welfare. As means to those ends,
this chapter provides for a system of inspections; regulations; issuance
and renewal of rental licenses; and sets penalties for violations.
B.
In considering the adoption of this chapter, the Towanda Borough
Council makes the following findings:
(1)
The Borough has experienced more problems with the maintenance of
non-owner-occupied and owner-occupied residential rental real property
than with other residential property.
(2)
A substantial proportion of the residential units 42% within the
Borough are renter-occupied.
(3)
The health, safety and welfare of occupants of residential rental
real property units within the Borough would be enhanced by a system
of inspection and regulations ensuring compliance with the code governing
the maintenance of existing structures.
As used in this chapter, the following terms shall have the
meanings indicated:
This group, as specified in Chapter 16 of the Code of the
Borough of Towanda,[1] includes five residents of Towanda Borough which are appointed
by the Towanda Borough Council.
A single unit providing independent living facilities for
one or more persons, including permanent provisions for living, sleeping,
eating, cooking and sanitation.
An individual or two or more persons related by blood or
marriage, or a group of not more than three persons who are not related
by blood or marriage, living together as a single housekeeping unit
in a dwelling unit.
[Amended 10-5-2020 by Ord. No. 2020-3]
A person given the authority by a property owner to provide
some or all of the following tasks: apply for a rental operating license,
maintenance, mow yard, shovel snow, rake leaves, pay taxes, and collect
rent.
A person who sleeps overnight in a dwelling unit for a total
period of 30 days or more in a calendar year.
A dwelling unit that is rented to one or more tenants.
A license granted for rental use and pertaining to residential rental real property allowing occupancy for non-owner and owner-occupied rental dwelling unit(s) on said property. The license specifies: address, owner and phone number, manager and phone number (if applicable), inspection date, inspection officer, total number which form a part or all said real property, total number of approved units, expiration date, and any applicable fees as specified in § 221-6.
A real property which in whole or in part includes a rental
dwelling unit.
A.
As the owner of residential rental property, regarding each and every
such residential rental property, at all times the owner shall have
the duty to:
(1)
Keep and maintain the residential rental property in compliance with
the Code of the Borough of Towanda, Pennsylvania, and all ordinances
of the Borough of Towanda Pennsylvania, and all federal and state
laws and regulations as the same relate to public health, safety and
welfare.
(2)
Keep and maintain the residential rental property in good and safe
condition.
(3)
Make reasonable effort to prevent and eliminate disruptive conduct
on the premises.
(4)
Employ policies to manage the rental dwelling units which form all
or a part of the residential rental property under his/her control
to promote compliance with the provisions of this chapter.
(5)
Obtain and maintain a rental operating license as provided for herein.
(7)
Not knowingly place any false information on or omit relevant information
from an application for a rental operating license.
(8)
Schedule, through the Borough Code Enforcement Office, a date and
time for an inspection of the rental dwelling unit whenever a change
in tenants occurs unless a satisfactory inspection has been completed
within the previous six months, in which case the inspection may be
waived at the discretion of the Code Enforcement Official. The rental
dwelling unit must pass inspection prior to a new tenant moving in.
[Amended 12-6-2010 by Ord. No. 2010-10; 11-7-2022 by Ord. No. 2022-2]
(9)
Provide up-to-date list of all lessees and tenants to the Borough
Code Enforcement Office following a change in tenants.
(10)
Allow for and be physically present at any inspection scheduled
above or at any inspection required by this chapter. If an owner cannot
be present during the inspection, a manager shall act in his place.
During inspection, dogs must be restrained at all times.
B.
If the owner has appointed a manager, the manager shall, upon being notified of an obligation not being met in the Subsection A above, do everything reasonably possible within his authority to correct the problem. The manager shall, within 15 days of receiving said notice, give a written notification to the Borough Code Enforcement Office stating that he has in writing notified the owner of the problem. No owner may relieve himself of the responsibility to perform the duties set forth in Subsection A by appointing a manager.
C.
It shall be unlawful for any person either as owner or manager to
rent or continue to rent any residential dwelling unit within the
Borough of Towanda, Pennsylvania, without having a rental operating
license as required by this chapter.
D.
The lease between the owner and tenant or tenants involving a rental
dwelling unit shall have attached a copy of "Regulations of Landowner-Tenant
Rights." If a lease between owner and tenant or tenants is not used,
the owner shall still provide a copy of "Regulations of Landowner-Tenant
Rights" to the adult tenant or tenants.
As an adult tenant of a rental dwelling unit, regarding that
rental dwelling unit and the residential rental property of which
the rental dwelling unit is a part, it shall be the duty of the adult
tenant at all times to:
A.
Maintain the cleanliness and sanitary conditions on parts of the
residential rental property of which they have access or control;
properly dispose of trash; and care for and clean after household
pets if pets are allowed by the landlord.
B.
Conduct themselves and make reasonable efforts to require that persons
including but not limited to all guests, invitees or licenses to their
rental dwelling unit conduct themselves while on or within the residential
rental property in a manner that will not disturb the peaceful enjoyment
of adjacent or nearby rental dwelling units and/or people occupying
the same.
C.
Not engage in, nor permit others on or within the residential rental
property, including rental dwelling units to cause damage to public
property or private property (without permission of the owner of said
property), or to engage in disruptive conduct, or violate any federal
or state law or regulation, ordinance of the Borough of Towanda, Pennsylvania,
or Code of the Borough of Towanda, Pennsylvania, which relates to
public health, safety and welfare. Regarding said code, reference
is made but not limited to the following chapters:
D.
Not allow residential dwelling units to be occupied by more than
one family without the permission of the owner and registration with
the Borough of Towanda, Pennsylvania.
E.
Use the trash and recycle collection services provided by Towanda
Borough's contracted hauler according to the schedule designated by
the Borough and the contracted hauler.
A.
Rental operating license required. No landlord shall lease any rental
dwelling unit in a residential rental property in Towanda Borough
unless he has applied for and has been issued a current rental operating
license for that rental dwelling unit. Every landlord shall agree
to comply with all federal and state laws and regulations, the Code
of the Borough of Towanda, Pennsylvania, and the ordinances of the
Borough of Towanda, Pennsylvania, insofar as the same relate to public
safety, health and welfare.
B.
Application for rental operating license.
(1)
Within 60 days of the effective date of this chapter, the owner or manager (if applicable) of an occupied rental dwelling unit shall submit an application to the Towanda Code Enforcement Office for a rental operating license covering said rental dwelling unit. Any owner who does not ensure that said application is submitted within 60 days of the effective date of this chapter will be in violation of this chapter, and subject to fines as specified in § 221-10 if said occupancy continues beyond said 60 days.
(2)
An application for a rental operating license shall also be submitted
upon any transfer of title of an effected property.
(3)
The application for a rental operating license shall be on the form provided by the Code Enforcement Office requiring the name, address, and telephone number of the owner and manager (if applicable), and the address of the rental dwelling unit to be inspected. A nonrefundable fee, if specified in § 221-6, for such inspection shall accompany this.
(4)
The initial license shall be valid for a period of three years. Owner
or manager (if applicable) of each residential rental real property
shall continue to apply for a rental operating license every three
years. The Borough will automatically notify the owner of each residential
rental real property, at least one month before the three-year period
expires, that their rental operating license will need to be renewed.
C.
Issuance of temporary certificate. Regarding dwelling units occupied
at the time this chapter takes effect, upon receipt of a completed
application for a license with tender of the appropriate inspection
fee as hereinafter provided, the Code Enforcement Office shall issue
a temporary certificate indicating that a license has been duly applied
for and said license shall be issued or denied after the building,
including interior and exterior portions thereof, have been inspected
for compliance with the provisions of all applicable codes, ordinances,
laws and regulations which relate to public health, safety and welfare.
A temporary certificate as issued shall authorize continued occupancy
of such rental dwelling unit in actual existence and occupancy use
on the effective date of this chapter pending the issuance or denial
of the applied-for license; otherwise, structures to be converted
to rental dwelling units, after the effective date of this chapter,
shall not be occupied prior to the issuance of a rental operating
license; however, within 72 business hours of the time that a properly
executed application for a license is filed with the Towanda Code
Enforcement Office, the required inspection will take place and a
license issued, if under this chapter the applicant is entitled to
obtain a license.
D.
Issuance of a rental operating license.
(1)
Prior to the issuance of a rental operating license, all violations
noted on a notice of violation shall be corrected as required. Every
operating license shall be issued for a period of three years unless
sooner revoked.
(2)
The Code Enforcement Office shall issue a rental operating license after receipt of the application and fee provided for in § 221-6, Fees, if the owner submits a complete and accurate listing for the premises every three years and after an inspection has determined that the rental dwelling unit is in full compliance with all federal and state laws and regulations, the Code of the Borough of Towanda, Pennsylvania, and the ordinances of the Borough of Towanda, Pennsylvania insofar as the same relate to public health, safety and welfare. Rental dwelling units will be reinspected when tenants move out and before new tenants move in. These inspections shall be completed within 72 business hours after being requested by the owner. If for cause or if written complaint has been filed with the Code Enforcement Office, subject to constitutional limitations, the rental dwelling units may be reinspected at any time. Following a change in tenants, it shall be the duty of every owner of a rental dwelling unit within the Borough to provide to the Borough Code Enforcement Office an updated list of names of all lessees and tenants.
(3)
A license shall be suspended upon a finding by the Building Code Official that one or more of the requirements of this chapter have been violated. The Building Code Official shall give written notice to the license holder to correct the violation within a reasonable period of time of no less than 30 days or the license may be revoked. The suspended license may be reinstated upon meeting the requirements of this chapter and the ordinances of the Borough of Towanda, Pennsylvania, insofar as the same relate to the public health, safety and welfare. Issuance of a new license after revocation shall be subject to a payment of the fees as specified in § 221-6. It shall also be unlawful for any owner or manager to allow the number of occupants of rental dwelling units to exceed the maximum limit licensed by the Borough Code or Chapter 325, Zoning.
E.
Denial or revocation of rental operating license.
(1)
The Code Enforcement Office shall deny or may revoke a rental operating
license if:
F.
Notice of denial or nonrenewal of rental operating license. The Code
Enforcement Office shall forward written notice via registered mail
to the owner if it has determined that a rental operating license
will be denied or revoked. Written notice shall identify the property,
indicate the grounds upon which the denial, nonrenewal or revocation
is based, including the factual circumstances and citation to the
federal or state law or regulation, provision of the Towanda Borough
Code, and/or provision of the ordinance of the Borough of Towanda,
Pennsylvania, with which there have been nonconformities or violations,
the actions which must be taken to correct any violations, nonconformities,
or illegalities, and the time within which they must be corrected
(if correctable), and shall inform the owner of his/her right to appeal
such determination to the Code of Appeals Board.
G.
Reinstatement of rental operating license. The Code Enforcement Office
may reinstate a rental operating license if the owner or manager corrects
the reason for the revocation of the rental operating license and
has paid the rental operating license reinstatement fee, said fee
to be established initially by this chapter and thereafter by a resolution
of the Borough Council.
[Amended 12-6-2010 by Ord. No. 2010-7]
A.
Each owner shall pay fees to the Borough of Towanda, Pennsylvania,
as follows.
B.
Fees for inspection of rental dwelling units.
[Amended 10-1-2012 by Ord. No. 2012-3; 12-7-2020 by Ord. No. 2020-5]
(1)
A fee in an amount established from time to time by resolution of
the Council of the Borough of Towanda, Pennsylvania, shall be paid
in advance at the time that an inspection of any dwelling unit is
scheduled. If the initial inspection of a dwelling unit under this
chapter establishes that the dwelling unit is in full compliance with
this chapter, the fee paid shall be refunded. The fee shall not be
refunded if:
(a)
The initial inspection establishes that the dwelling unit is not
in full compliance with this chapter; or
(b)
The inspection is a second or subsequent inspection of the same dwelling
unit after an initial inspection established noncompliance with this
chapter, whether or not such second or subsequent inspection establishes
that the dwelling unit is then in full compliance with this chapter.
(2)
If no owner or manager of a dwelling unit appears for a scheduled
inspection of the dwelling unit, unless an owner or manager, at least
24 hours before the scheduled inspection notified the Code Inspection
Office of the Borough of Towanda, Pennsylvania, of the need to cancel
a scheduled inspection, there shall be a rescheduling fee in an amount
established from time to time by resolution of the Council of the
Borough of Towanda, Pennsylvania.
(3)
In the event that the Code Enforcement Office must cancel an inspection
within 24 hours of the scheduled inspection time, a cancellation fee
in an amount established from time to time by resolution of the Council
of the Borough of Towanda, Pennsylvania, shall be paid to the owner
or owners to be divided between them as they see fit.
The Code Enforcement Official is authorized to enter the building
or premises at reasonable times to inspect subject to constitutional
restrictions. If entry is refused or not obtained, the Code Enforcement
Official is authorized to pursue recourse as provided by law.
A.
The following matters are standard items for every inspection and
property owners are advised to address them preinspection in order
to facilitate timely issuance of a rental operating license:
(1)
Smoke detectors in operating order on every floor, including the
basement.
(2)
Handrails and guardrails on all stairs exceeding three steps. Such
handrails and guardrails shall be firmly fastened.
(3)
All doors must open from the inside without the use of a key.
(4)
The property address must be posted outside and be clearly visible
by emergency personnel.
(5)
Exterior and interior of the building. Structures and equipment must
be properly maintained such as foundation, beams and joists, roof,
windows, gutters, and downspouts.
(6)
Kitchen. Sink with hot/cold running water, stove in safe working
condition; floor in good repair.
(7)
Bathroom. All plumbing fixtures maintained in working order free
from obstructions, leaks and defects; approved sewage disposal system;
an operable window or ventilation system available.
(8)
Heating. Heating facilities properly installed and capable of heating
all habitable rooms. Kerosene or portable propane heaters are not
permitted.
(9)
Electrical. Electric service available; properly installed and maintained.
(10)
General standards. Third (or higher) floor units should have
two means of egress.
(11)
Common halls in multiple-unit buildings must be lit.
B.
The Borough of Towanda enforces the most recent version of the International
Property Maintenance Code and other relevant codes. The Code Enforcement
Official is required to note all relevant code violations, any or
all of which may require correction before a rental operating license
may be issued.
A.
Any decision of any Building Code Official of the Borough made pursuant
to this chapter may be appealed by any person or legal entity aggrieved
by said decision.
B.
Appeals shall be reviewed and decided by the Board of Appeals of
the Council of the Borough.
C.
Appeals shall be taken by submitting to the Borough Secretary a writing
which shall indicate the decision being appealed, along with the factual
and/or legal arguments of the appellant to be considered by the Board.
Said writing must be filed with the Borough Secretary within 14 days
of the time the aggrieved party receives written notice of the decision
appealed. Said notice shall be considered filed at the time the writing
is hand delivered to the Borough Secretary, or if placed in the U.S.
Mail, by the writing's mail postmark date. A fee in an amount as set
from time to time by resolution of the Borough Council, paid by the
owner or manager, must accompany this appeal. This will be refunded
only in the event that the decision appealed is successfully overturned
in favor of the owner or manager.[1]
D.
Any written decision of a Building Code Official shall be considered
received by an aggrieved party whenever the same is hand delivered
to the aggrieved party; sent to the aggrieved party by use of the
United States Mail (the written notice mail postmark date being the
date the written notice is sent); or if after reasonable investigation
by the Code Enforcement Office of the Borough said office is unable
to ascertain any residence or business address for the aggrieved party,
by posting the written decision on the real property that is the subject
of the written decision.
E.
The Board of Appeals must conduct a hearing on any filed appeal within
20 days of the time the appeal is filed.
F.
At the appeal hearing, all parties shall have the right to present
evidence and make legal argument. The presentation of evidence shall
precede the presentation of argument. The Borough shall call its witnesses
first. The aggrieved party shall make its argument first. The burden
of proof shall be on the Borough. The burden of proof shall be proof
beyond a reasonable doubt.
G.
Any party dissatisfied with a decision of the Board of Appeals may
file an appeal with the Bradford County Pennsylvania Court of Common
Pleas so long as said appeal is filed within 30 days of the time a
copy of the appealed written decision is received by the dissatisfied
party. Any written decision of the Board of Appeals shall be considered
received by a party whenever the same is hand delivered to the party;
sent to the party by use of the United States Mail (the written notice
email postmark date being the date the written notice is sent); or
if after reasonable investigation by the Board of Appeals said Board
is unable to ascertain any residence or business address for the aggrieved
party, by posting the written decision on the real property that is
the subject of the written decision.
A.
Any person who shall violate any provision of this chapter shall
upon conviction be punished by a fine up to $1,000, or by imprisonment
up to 30 days; and each violation and each day failing to comply with
any such provision shall constitute a separate violation.[1]
B.
In addition to prosecuting persons violating this chapter, the Building
Code Official, Solicitor, or any other duly authorized agent of the
Borough may bring such civil or equitable actions, seeking civil or
equitable remedies, in any appropriate court of record of the Commonwealth
of Pennsylvania, against any personal property, real or personal,
to effect the provisions of this chapter.
