[Ord. 1145, 8/6/2008]
The purpose of this Part is to protect and promote the health,
safety, and welfare of the residents of the Borough, and particularly
the occupants of residential rental units, and to encourage the owners
of residential rental units and commercial rental units to maintain
said units in a safe and sanitary condition.
[Ord. 1145, 8/6/2008]
As used in this Part, the following items shall have the meanings
indicated, unless a different meaning clearly appears from the context:
Any ordinance, code, law, or regulation in effect for the Borough of Quakertown concerning fitness for habitation or the construction, maintenance, occupancy, use, or appearance of any building, dwelling unit or structure, including but not limited to the Zoning Ordinance [Chapter 27], and International Building, Plumbing, Electrical, Fire Prevention and Property Maintenance Codes [Chapter 5], as promulgated by the International Code Council, the Uniform Construction Code [Chapter 5, Part 7], the Solid Waste Management and Recycling Ordinance [Chapter 20], and the Nuisance Ordinance [Chapter 10].
The duly appointed Code Enforcement Officer(s) having charge
of the Office of Code of Enforcement of the Borough of Quakertown
and any assistants or agents.
One or more rooms intended to be occupied by one family as
separate living quarters, containing sanitary facilities, kitchen
facilities and having outside access directly from the dwelling unit
or through a common hall.
The owner of any residential rental dwelling unit rented
or offered for rent within the Borough of Quakertown.
An individual who resides in a residential rental dwelling
unit, whether or not he or she is the owner thereof, with whom a legal
relationship with the owner/landlord is established by a lease or
the laws of the Commonwealth of Pennsylvania.
It shall be the duty of every owner to keep and maintain
all rental dwelling units in compliance with all applicable State
laws and regulations and local ordinances and to keep such property
in good and safe condition. This Part is not intended, nor shall its
effect be, to limit any other enforcement remedies which may be available
to the Borough of Quakertown against an owner, occupant or guest thereof.
Anything constructed or erected on the ground or attached
to the ground, including but not limited to buildings, sheds, mobile
homes and other similar items.
Any person who has the right of occupancy, either singly
or with others, of a residential rental dwelling unit owned by a landlord.
[Ord. 1145, 8/6/2008]
1.Â
It shall be the duty of every landlord owing one or more residential
rental dwelling units in the Borough of Quakertown to annually register
all such units with the Borough of Quakertown on a registration form
supplied by the Borough. A re- registration form shall be filed with
the Code Enforcement Office by the annual expiration date of the registration
form supplied by the Borough.
2.Â
The aforesaid registration form shall be accompanied by the payment
of an annual registration/inspection fee as set forth in the Borough
of Quakertown Fee Schedule.
[Ord. 1145, 8/6/2008]
Upon receipt of the aforesaid registration form and fee, the
Code Enforcement Office shall issue a permit for each residential
rental dwelling unit so registered. It shall be the duty of each landlord
to make available the permit upon request.
[Ord. 1145, 8/6/2008]
It shall be the duty of every landlord owning one or more residential
rental dwelling units in the Borough of Quakertown to file with the
Code Enforcement Office a report of any change in the use or occupancy
of any residential rental dwelling unit and to comply with § 103
within 10 days of the new occupant taking possession.
[Ord. 1145, 8/6/2008]
The Code Enforcement Officer of the Borough of Quakertown is
authorized and directed to make periodic inspections of each residential
rental dwelling unit in the Borough of Quakertown at least once every
three years in order to safeguard the health and safety of the occupants
thereof and in order to determine and enforce compliance with the
codes, laws, and regulations applicable to such units and the structures
containing such units. The Code Enforcement Officer is further authorized
to enter for the purpose of such inspection all residential rental
dwelling units, and it is the duty of every landlord and tenant to
provide access to such units upon request by the Code Enforcement
Office. The construction date of the building will be taken into consideration
when determining safety standards.
[Ord. 1145, 8/6/2008]
The Code Enforcement Office shall issue a report of each inspection
and shall supply a copy thereof to the landlord and the tenant(s)
occupying the unit. The report, designated as the Borough of Quakertown
Residential Rental Dwelling Inspection Minimal Safety Checklist, shall
reflect the items that will be inspected and shall note all deficiencies
and violations observed during such inspection. The report shall state
the corrective action or repairs required to be taken by the landlord
or tenant of such unit and the date by which the corrective action
or repairs are required to be completed. The Code Enforcement Office
is authorized and directed to schedule follow-up inspection(s) of
the residential rental dwelling unit to determine compliance with
the inspection report.
[Ord. 1145, 8/6/2008]
The Code Enforcement Office shall charge every landlord owning
a residential rental dwelling unit within the Borough of Quakertown
a registration/inspection fee as set forth in the Quakertown Fee Schedule
for each residential rental dwelling unit in order to defray the cost
of conducting the registration/inspection.
[Ord. 1145, 8/6/2008]
Any landlord or other person who shall fail to file the registration
forms or reports required to be filed by this Part or who shall otherwise
fail to comply with the requirements of this Part including providing
access as requested by the Code Enforcement Office, shall be guilty
of a summary violation of this Part and shall, upon conviction thereof,
be sentenced to pay a fine of not more than $1,000 and/or to imprisonment
for a term of not more than 30 days, for each such violation. Each
day that violation of this Part continues shall constitute a separate
offense.
[Ord. 1145, 8/6/2008]
In addition to the foregoing penalties for violations of this
Part, landlords, tenants, and/or occupants of residential rental dwelling
units shall be subject to the fines and penalties and other remedies
provided in other applicable codes and ordinances if such landlord
or tenant fail to correct or repair any violation of such code or
ordinance cited during an inspection of a residential rental dwelling
unit as directed by the Code Enforcement Office.
[Ord. 1145, 8/6/2008]
All records, files and documents pertaining to this program
shall be maintained by the Code Enforcement Office and made available
to the public as required by State law.
