[HISTORY: Adopted by the Borough Council of the Borough of
Hellertown as indicated in article histories. Amendments noted where
applicable.]
[Adopted 11-3-2003 by Ord. No. 654]
The purpose of this article and the policy of the Borough of
Hellertown shall be 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
and to encourage owners and occupants to maintain and improve the
quality of rental housing within the community. As a means to these
ends, this article provides for a systematic inspection program, registration
and licensing of residential rental units, and penalties.
As used in this article, the following terms shall have the
meanings indicated:
The Borough Code Enforcement Officer, Assistant Code Enforcement
Officer or other representatives hired by the Borough to inspect rental
premises under this article. Any inspector conducting such inspections
shall be a certified UCC inspector and/or any state Uniform Construction
Code certified inspector.[1]
Any state or local code or ordinance enacted or in effect
for the Borough of Hellertown, including, but not limited to, Uniform
Construction Code and the international codes adopted thereunder,
the Property Rehabilitation and Maintenance Code, any state uniform
construction code, zoning ordinance, solid waste ordinance, residential
recycling ordinance, and general nuisance ordinances.[2]
Any person who controls, cares for or manages a structure
or premises which is let or offered for occupancy.
Any residential unit which began construction after the date
of the enactment of this article. The date of construction shall be
the date the Borough issues a building permit. A newly created residential
unit shall also include a unit that has been substantially rehabilitated
after the date of enactment of this article. The date of substantial
rehabilitation begins on the date the Borough issues a building permit.
Any person, including an owner or operator, living and sleeping
in a dwelling unit or rooming unit.
Any person who has charge, care or control of a structure
or premises which are let or offered for occupancy.
The owner or owners of the freehold of the premises or lesser
estate therein, a mortgage or vendee in possessions, assignee of rents,
receiver, executor, trustee, lessee or other person, firm or corporation
in control of a building or of premises, or their duly authorized
agents.
A building in which living accommodations or sleeping accommodations
and cooking facilities as a unit are provided, except when classified
as an institution under the basic building code or excepted per this
section.
The document issued annually for a fee by the Borough of
Hellertown to the owner, operator, responsible agent or manager of
a residential unit evidencing the existence of said residential rental
unit. This license does not warrant the proper zoning, habitability,
safety or condition of the residential rental unit in any way. Such
license is required for lawful rental and occupancy of residential
rental unless the residential rental unit is exempt from the licensing
provisions of this section.
A rooming unit or dwelling unit which consists of a group
of rooms located within a dwelling and forming a single habitable
unit with facilities which are used or intended to be used for living,
sleeping, cooking and eating for the exclusive use of the occupants
let for rent or a rental unit contained within an owner-occupied residential
or commercial unit, or an other-than-owner-occupied residential unit.
The registration and licensing provisions of this article shall not
apply to hospitals, nursing homes, group homes, assisted living houses
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 regulations concerning
the health and safety of the users, patients or tenants. The registration
and licensing provisions of this article also shall not apply to hotel
or motel units. A residential rental unit includes a dwelling unit
under a lease purchase agreement or long-term (greater than six months)
agreement of sale.
Any person residing or working within the County of Northampton
designated to accept service on behalf of a legal owner or operator
of a rental dwelling unit.
Repairs to a residential property that, in its present condition,
would not qualify for a certificate of occupancy pursuant to Borough
ordinance.
A.
Owner's duties:
(1)
It shall be the duty of every owner, operator, responsible agent
or manager to keep and maintain all residential units in compliance
with all applicable codes and provisions of all applicable state and
federal laws and regulations and local ordinances and to keep such
property in good and safe condition.
(2)
It shall be unlawful for any person to conduct or operate or cause
to be rented, either as owner, operator, responsible agent or manager
of any residential rental unit within the Borough of Hellertown, without
having a residential rental license as required by this section.
(3)
It shall be the responsibility of every owner, operator, responsible
agent or manager to permanently display the residential rental license
in the residential rental unit.
B.
Information provided to Borough. The residential rental license shall
include the following information, which shall be provided by the
owner, operator, responsible agent or manager to the Borough:
(1)
The name, address and telephone number of the property owner;
(2)
Name, address and telephone number of the designated local property
manager, if the property owner lives outside the Borough and has a
property manager;
(3)
The telephone number to call to register complaints regarding the
physical condition of the residential rental unit;
(4)
The street address of the rental property;
(5)
The name of the tenants and all other occupants over age 18; and
(6)
The year of issue for a residential rental license.
C.
Tenant occupancy and/or vacation. It shall be the responsibility
of the owner, operator, responsible agent or manager to notify the
Borough of Hellertown when a new tenant will be moving into or occupying
the rental property. The owner shall notify the Borough of Hellertown
five days prior to the tenant taking possession of the residential
rental unit. The owner shall advise a tenant that the tenant must
obtain a moving permit from the Borough of Hellertown prior to entry
into the rental unit. At the time the tenant vacates the premises,
the landlord shall notify the Borough of Hellertown within five days
from the date of vacation that a tenant is vacating the premises.
In the event that a tenant vacates the premises landlord shall not
be assessed a fee to revise the residential rental license nor the
residential rental unit license questionnaire. Landlord shall, however,
provide information about the new tenant to the Borough as requested
by the Borough so the residential rental license and/or the questionnaire
can be properly amended.
D.
Premises condition. It shall be the responsibility of every owner,
operator, responsible agent or manager to employ policies and to manage
the residential rental unit(s) under his/her control in compliance
with the provisions of this article, Borough codes and applicable
state and federal laws.
E.
Occupant's duties. The occupant(s) shall comply with all obligations
imposed by this article and all applicable codes and ordinances of
the Borough of Hellertown as well as all state and federal laws and
regulations. Included among Borough ordinances is the requirement
that all occupants moving into and out of a residential rental unit
obtain a moving permit from the Borough of Hellertown before they
take or relinquish occupancy. Tenants shall provide said notice to
the Borough five days prior to entering and vacating the leasehold
premises.
A.
License registration required for rental units. By January 31, 2004,
the owner, operator, responsible agent or manager of each residential
rental unit shall apply for a residential rental license for each
residential rental unit within the Borough of Hellertown by providing
the Borough with a completed license questionnaire for each residential
rental unit and by paying the annual license registration fee as set
forth in the section entitled "Fees and penalties." The Borough shall
review the license questionnaire. If the license questionnaire has
been properly completed and the appropriate fee has been paid, the
Borough shall issue to the owner, operator, responsible agent or manager,
a residential rental license. Receipt of a license from the Borough
of Hellertown shall signify that the leasehold premises has been registered
with the Borough of Hellertown pursuant to this article.
B.
Annual renewal of license of rental units. The owner, operator, responsible
agent or manager shall apply for a residential rental license for
each residential unit on an annual basis. A new license questionnaire
for each residential rental unit and a yearly renewal fee as set forth
in the section entitled "Fees and penalties" shall be filed with the
Borough by January 31 of each calendar year as set forth in the section
entitled "Residential rental license." If the license questionnaire
has been completed and the appropriate fee has been paid, the Borough
shall issue to the owner, operator, responsible agent or manager,
a residential rental license.
A.
Residential
rental license required for residential rental units. A residential
rental license shall be required for each residential unit as follows:
(1)
Newly
created residential units. Prior to initial occupancy of newly constructed
residential rental units, newly created residential rental units,
or substantially rehabilitated residential rental units (as documented
by a certificate of occupancy), the owner, operator, responsible agent
or manager of each residential rental unit shall make a written application
to the Borough of Hellertown for a residential rental license as herein
provided. Such newly created units shall be exempt from further inspection,
unless a complaint has been made about the premises or the Borough
public official has probable cause to believe that a violation has
occurred pursuant to this article, for a period of five years and
will then be inspected again when the designated area in which the
premises are located is next scheduled for inspection after the five-year
exemption has expired.
(2)
Existing
rental properties. The Borough of Hellertown shall fully inspect each
residential rental unit no more frequently than once within a five-year
period unless a complaint of violation has occurred or the Borough
public official has probable cause to believe that a violation is
occurring pursuant to this article or the property has been sold pursuant
to the section of this article below. Unless sooner revoked for cause,
the residential rental license shall remain valid until such time
as the next regularly scheduled inspection occurs; provided, however,
that the owner, operator, responsible agent or manager complies with
the requirements of this article and annually provides the Borough
with a properly completed license questionnaire and pays the annual
license renewal fee to the Borough as the article requires.
B.
Revocation of residential rental license. A residential rental license
shall be revoked if the owner or operator of a residential rental
unit does not provide the name of a responsible agent when said property
is managed by someone other than the owner, does not correct code
and/or ordinance violations found in response to a complaint or phased-in
inspection within the time frame cited by the Borough public official
and/or does not pay the annual license fee. If the premises is presently
occupied, upon revocation of the residential license the Borough public
official is authorized to cause such a dwelling, dwelling unit, rooming
unit, building structure or other part of the premises to be vacated
or closed until compliance with the article is obtained. The Borough
public official shall prescribe a reasonable time for compliance.
If the residential rental license is revoked and the residential rental
unit is vacant, it shall remain vacant. Notices issued pursuant to
this section shall be served in the same manner as set forth in the
section entitled "Notice of violations."
C.
Reinstatement of residential rental license. A residential rental
license shall be reinstated if the owner or operator of a residential
rental unit corrects the reasons for the revocation of the residential
rental license and has paid the license reinstatement fee.
D.
Sale or transfer of residential rental units. Upon the sale or transfer
of a residential rental unit, the new owner shall obtain a new residential
rental license as set forth in the section entitled "Residential rental
license." The new owner shall purchase a residential rental license
per the fees set forth in the section entitled "Fees and penalties."
A residential rental license issued hereunder is not automatically
transferable to any person or entity who has acquired ownership of
a residential rental unit. A residential rental license shall be revoked
upon failure to apply to the Borough for its transfer within 60 days
of the date of sale or transfer of ownership of the residential rental
unit. The new owner shall obtain a residential rental license for
each residential rental unit and have each residential rental unit
inspected. The new owner shall also complete a new license questionnaire
to be submitted prior to obtaining the residential rental license.
Failure to seek a residential rental license and have the property
inspected pursuant to this article for each residential rental unit
within 60 days of the date of sale or transfer of ownership shall
result in the revocation of the residential rental license. If a property
is sold and subject to reinspection pursuant to this section, the
property shall thereafter be inspected every five years pursuant to
the section entitled "Phased-in inspections."
A.
The Borough public official shall make or cause to be made inspections
to determine the conditions of all structures and premises in order
to safeguard the safety, health and welfare of the public under the
provisions of this article. The Borough public official, after reasonable
notice, is authorized to enter any structure or premises at any reasonable
time for the purpose of performing his duties under this article.
The owner, occupant or operator of every structure or premises, or
the person in charge thereof, shall give the public officer free access
thereto and to all parts thereof and to the premises on which it is
located at all reasonable times for the purpose of such inspection,
examination and survey. To ensure that the five-year phased-in year
inspections are conducted in a fair and uniform manner and to provide
landlords with notice of those areas to be inspected, the Borough
public official shall inspect the items set forth in Exhibit "1" attached
to this article.[1] This list shall not be construed to be and is not an all-inclusive
list and may be amended from time to time by the Borough public official.
[1]
Editor's Note: The list of items to be inspected is on file
in the Borough offices.
B.
Administrative search warrant/inspection requirement. If any owner,
occupant or other person in charge of a structure subject to the provisions
of this article refuses, impedes, inhibits, interferes with, restricts
or obstructs entry and free access to every part of the structure
or premises where inspection authorized by this article is sought,
the Borough public official shall promptly apply for an administrative
search/inspection warrant to a court of competent jurisdiction and
shall supply all necessary affidavits and testimony to indicate that
there is reasonable or probable cause to conduct an inspection. For
the purposes of this section, a reasonable or probable cause to gain
access and inspect shall include, without being limited to, the following:
(1)
That the inspection of the area is part of a planned routine inspection
being conducted pursuant to a systematic or concentrated ordinance
enforcement program in that portion of the Borough;
(2)
That the Borough public official, after investigation, has knowledge,
information or a reasonable belief that a violation of this article
or other codes and ordinances of the Borough and/or commonwealth exist;
(3)
That such entry is for the purpose of reinspecting a previous notice
of violations;
(4)
That the Borough public official has received a complaint concerning
a violation on or within the premises; and
(5)
That such entry is necessary to determine if the building, structure,
premises, dwelling or dwelling units meet ordinance standards.
C.
Landlord right to cure prior to Borough inspection. If the Borough
public officer, after investigation, has knowledge, information or
a reasonable belief that a violation of this article or other codes
and ordinances of the Borough and/or Commonwealth of Pennsylvania
exist and/or upon receipt of a complaint concerning a violation on
or within the premises is occurring, the Borough shall contact the
owner and inform the owner of the ordinance and/or code violation
and/or tenant complaint and provide the landlord with a forty-eight-hour
period in which to investigate and correct any violation found within
the rental premises prior to the Borough conducting a search of the
rental premises. Landlord shall provide the Borough public officer
with proof, to the satisfaction of the Borough public official, of
the repairs made to the rental premises to cause the premises to come
into compliance with the applicable Borough and/or laws of the Commonwealth
of Pennsylvania. If the Borough public officer, at his sole discretion,
is satisfied with the landlord's response, no search pursuant to this
section shall occur. If the Borough public officer determines no effort
has been made by the landlord to address the concerns of the Borough
public officer or if the Borough public officer is not satisfied with
the landlord's attempted repairs, the Borough public officer
may proceed to conduct an inspection pursuant to the requirements
of this article. Nothing herein shall be construed to prevent the
Borough public officer, upon good cause shown, from providing the
landlord with additional time beyond the forty-eight-hour time period
to cure any defect within the premises, at the Borough public officer's
sole and absolute discretion, before proceeding to inspect the property
pursuant to the requirements of this article.
D.
Access by owner. Every occupant of a dwelling unit, building, structure
or premises shall give the owner thereof or his agent or employee
access to any part of such dwelling, dwelling unit, building, structure
or premises at all reasonable times for the purpose of conducting
inspections to determine whether or not violations of this article
may exist or for the purpose of making such repairs or alterations
as are necessary to effect compliance with the provisions of this
article or with any lawful rule or regulation adopted or any lawful
order issued pursuant to the provisions of this article.
E.
Phased-in inspection program. The initial inspection of residential
rental units will occur in accordance with a phased-in systematic
inspection program to be prepared and made available to the public
upon request by the Borough of Hellertown pursuant to the Borough's
open records policy.[2] A minimum 15 days' prior notice to each property owner
shall be given by the Borough for all inspections. The Borough shall
contact the landlord to schedule a date and time that the phased-in
inspection will occur. If the landlord agrees to the inspection, no
written notification shall be required to be submitted to the landlord.
If the landlord refuses the Borough's request for the phased-in
inspection or does not make the rental premises available to the Borough
as agreed, the Borough shall provide a minimum of 15 days' prior written
notice to each property owner. The property owner shall be provided
with the date and time of the inspection. The notice shall also state
that the property owner has the right to refuse the inspection and
that, upon said refusal, the Borough shall be required to obtain an
administrative search/inspection warrant.
A.
As for any residential unit unoccupied or occupied by someone other than owner on or after the effective date hereof, a residential rental license shall be issued and displayed prior to occupancy of such residential unit by anyone other than the owner, and subsequent inspections shall occur as set forth in Subsection B.
B.
As for any residential unit occupied by other than the owner as of
the effective date hereof and for all subsequent inspections, inspections
required by this article shall be completed and the residential rental
license issued and displayed not later than January 31 of each year
for which inspection is required. The Borough shall be divided into
sections as follows:
(1)
Northern — Section I: bounded by Bethlehem and/or Lower Saucon
Township on the west, north, or east, and West and East High Street,
extended, on the south;
(2)
North Central — Section II: bounded by Bethlehem and/or Lower
Saucon Township on the west and east, West and East High Street, extended,
on the north, and East and West Thomas Street, extended, on the south;
(3)
Central — Section III: bounded by Bethlehem and/or Lower Saucon
Township on the west and east, East and West Thomas Street, extended,
on the north, and West and East Water Street, extending northeastwardly
along New Jersey Avenue, on the south;
(4)
Southwest — Section IV: bounded by West Water Street on the
north, Lower Saucon Township on the west and south, and Main Street
on the east, comprising properties west of Main Street; and
(5)
Southeast — Section V: bounded by East Water Street and New
Jersey Avenue on the north, Lower Saucon Township on the east and
south, and Main Street on the west, comprising properties east of
Main Street.
C.
Residential units subject to the inspection requirements of this
article and located in Section I shall be inspected during the calendar
year in which the article shall become effective and every fifth year
thereafter. Residential units subject to the inspection requirements
of this article and located in Section II shall be inspected during
the first calendar year subsequent to the year in which this article
becomes effective and every fifth year thereafter. Residential units
subject to the inspection requirements of this article and located
in Section III shall be inspected during the second calendar year
subsequent to the year in which this article becomes effective and
every fifth year thereafter. Residential units subject to the inspection
requirements of this article and located in Section IV shall be inspected
during the third calendar year subsequent to the year in which this
article becomes effective and every fifth year thereafter. Residential
units subject to the inspection requirements of this article and located
in Section V shall be inspected during the fourth calendar year subsequent
to the year in which this article becomes effective and every fifth
year thereafter.
A.
If the Borough public official, upon completion of the inspection,
finds that the applicable Borough, state and/or federal laws and/or
codes and/or requirements have not been met, a written notice of violation
shall be issued.
B.
Whenever the Borough public official determines that there exists
a violation of any provision of this article, he shall issue a notice
which shall:
(1)
Be in writing;
(2)
Include a brief description of the real estate sufficient for identification;
(3)
Specify the violation which exists with reference to the applicable
article or ordinance provisions, together with a brief statement of
the remedial action required;
(4)
Provide a reasonable time, not to exceed 30 days, for letting of
a contract for the correction of any violation alleged; and
(5)
Include a statement regarding the right of appeal.
A.
A notice of violation shall be served upon the owner or occupant
in the following manner:
(1)
By handing it to the person to be served;
(2)
By handing the notice, at the residence of the person to be served,
to an adult member of the family with which he resides; but if no
adult member of the family is found, then to an adult person in charge
of such residence;
(3)
By handing the notice at any office or usual place of business of
the person to be served, to his agent or to the person for the time
being in charge thereof; or
(4)
By mailing the notice to the last known address of the person to
be served, by certified mail, unrestricted delivery, return receipt
requested, and if returned as unclaimed, to be sent first class mail.
B.
If any person to whom the notice of violation is addressed cannot
be served in the above manner, the Borough public official shall briefly
note the appropriate facts in the file and shall make service upon
such person by posting the notice of violation in a conspicuous place
on the premises described in the notice.
C.
Service upon any executive officer of a corporation shall be a sufficient,
but not exclusive, method of service upon the corporation. Service
upon any partner of a partnership shall be sufficient, but not exclusive,
method of service upon the partnership.
If the Borough public official, upon completion of the inspection,
finds that the applicable Borough, state and/or federal codes and/or
requirements have not been met, a written notice of violation shall
be issued.
A.
Ten-day notice of violation.
(1)
If
the Borough public official finds one or more violations in the following
categories, the Borough public official may issue a notice of violation
pursuant to this section of the article:
(a)
Multiple-dwelling-unit fire exits.
(b)
Separation of common walls and floors.
(c)
Automatic fire alarm systems.
(d)
Multiple-dwelling-unit fire protection.
(e)
Heating.
(f)
Hot and cold water supplies.
(g)
Water closet and basin.
(h)
Plumbing connections.
(i)
Electrical hazards.
(j)
Structural hazards.
(k)
Serious roof leak.
(l)
Any other conditions regarding the residential rental unit that,
in the sole discretion of the Borough public official, would create
a hazardous and/or dangerous condition or render the residential rental
unit(s) uninhabitable.
(2)
A ten-day notice of violation shall be issued and corrective action
shall be taken by owner, operator, responsible agent or manager within
10 days of receipt of said notice.
(3)
If after 10 days from the owner's receipt of the ten-day notice
of violation a reinspection reveals that the violations have not been
corrected and arrangements satisfactory to the Borough public official
have not been made, the Borough public official is authorized to cause
such a dwelling, dwelling unit, rooming unit, building structure or
other part of the premises to be repaired, altered, demolished, improved,
vacated or closed. Notices and orders issued pursuant to this section
shall be served in the same manner as set forth in the section entitled
"Notice." In that event, the residential rental license for the residential
rental unit shall be revoked, and if the residential rental unit is
vacant, it shall remain vacant.
(4)
The Borough public official, in the official's sole and absolute
discretion, may provide an extension of time to correct said violations
if the Borough public official finds the owner, operator, responsible
agent or manager is taking the appropriate steps to properly correct
the violations.
B.
Thirty-day notice of violation. If the Borough public official finds violations other than those listed in § 326-10A above, a thirty-day notice of violation shall be issued. If after 30 days from the date of receipt of the thirty-day notice of violation the reinspection reveals that all violations have not been corrected, the owner or operator of the residential unit shall receive a written thirty-day warning which shall set forth the violations still in need of correction and that a failure to correct those violations within 30 days will result in the residential rental license being revoked. If after the second reinspection the violations have not been properly corrected, the license for the residential rental unit shall be revoked. The Borough public official is authorized to cause such dwelling, dwelling unit, rooming unit, building or structure or other part of the premises to be vacated or closed and shall prescribe a reasonable time for compliance. If the residential rental unit is vacant, it shall remain vacant. Notices, warnings and orders issued pursuant to this section shall be served in the same manner as notices of violation.
C.
Emergency situation. Whenever upon initial inspection or reinspection
the Borough public official finds that any dwelling, dwelling unit,
rooming unit, building, structure or premises constitutes a serious
hazard to the health or safety of the occupants or to the public because
it is dilapidated, unsafe, unsanitary, unhealthful, vermin-infested
or lacking in facilities required by any Borough ordinance, the Borough
public official shall designate such dwelling, dwelling unit, rooming
unit, building, structure or premises as unfit for human habitation
or use and shall cause to be posted on the main entrance area of the
dwelling, dwelling unit, rooming unit, building, structure or premises
so closed a placard with the following words: "This premises is unsafe
for use or human habitation; the use and occupancy of this premises
for human habitation is prohibited and unlawful."
(1)
If the premises so designated are occupied, the Borough public official
shall order such premises vacated and shall prescribe a reasonable
time for compliance. A vacant premises which has been designated as
unsafe for human habitation and which has been placarded as such shall
not be used again for human habitation or use until written approval
is secured from the Borough public official and the placard is removed
by the Borough public official. The Borough public official shall
rescind the designation as unsafe for human habitation or use and
shall remove the placard when the Borough public official finds that
the defect or condition has been removed or eliminated and that the
dwelling, dwelling unit, or rooming unit is a fit place or unit for
human habitation. No person shall remove or deface the placard from
any premises which has been designated as unsafe for human habitation
and has been placarded as such.
(2)
In the event that an emergency situation as defined in this section
requires that the Borough order that the premises be immediately vacated
or to remain vacant, whichever the case may be, the owner, operator,
manager or responsible agent shall be entitled to a prompt post-deprivation
hearing as set forth in the section entitled "Appeals." Notice and
orders issued pursuant to this paragraph shall be served in the same
manner as set forth in the section entitled "Notice."
A.
Fees.
(1)
Annual license fee. The fee for a residential rental license shall
be $75 per residential rental unit per year, due and payable on or
before January 31 of each year to register for the current year. A
ten-percent penalty shall be added to the annual license fee for any
fee paid after January 31.
[Amended 9-17-2012 by Ord. No. 775]
(2)
Reinspection: There shall be no fee for the Borough to complete a
first reinspection. The fee for a second inspection shall be $30.
Subsequent reinspections shall be double the cost of the previous
reinspection per residential rental unit. The fee for said second
reinspection and all subsequent inspections shall be paid at the time
of said reinspection.
[Amended 2-4-2013 by Ord. No. 779]
(3)
Reinstatement. The fee to reinstate a revoked residential rental
license shall be $30 per residential rental unit.
(4)
Transfer. The fee to transfer a residential rental license shall
be $30.
(5)
Late fee. In the event that any person, firm or corporation should
pay the annual license fee after the January 31 deadline, a late fee
of $25 per annum shall be paid as part of the annual license fee.
[Added 2-4-2013 by Ord. No. 779]
(6)
The
schedule of fees may be amended from time to time, at the sole discretion
of Borough Council, by resolution or by ordinance.
[Added 2-4-2013 by Ord. No. 779]
B.
Penalties.
[Amended 2-4-2013 by Ord. No. 779]
(1)
Any
person, firm or corporation violating any provision of this article
shall be fined not less than $25 nor more than $100 for each offense,
and a separate offense shall be committed for each day during or on
which a violation occurs or continues to exist. In addition to any
criminal prosecution for violation of this article, the Borough public
official or any duly authorized agent of the Borough may take such
civil or equitable remedies in any court of record of the Commonwealth
of Pennsylvania, against any person or property, real or person, to
enforce the provisions of this article.
(2)
The
schedule of penalties may be amended from time to time by Borough
Council, at the sole discretion of Borough Council, by resolution
or by ordinance.
A.
Any party in interest aggrieved by any decision of the Borough public official may appeal to the Hellertown Rental Property Maintenance Appeals Board. Any appeal shall be in writing to the Hellertown Rental Property Maintenance Appeals Board for a review of the action of the Borough public official in accordance with the appeal procedures set forth in this section; provided, however, that such person delivers a copy of such written appeal to the Borough public official within 10 days after being served with notice of violation or order. Except for an emergency as set forth in § 326-12B(5), an appeal by the aggrieved person shall stay the enforcement provisions of this article. Except as provided herein for an emergency situation, compliance with the notice of violation shall not be required during the time an appeal is pending before the Hellertown Rental Property Maintenance Appeals Board or the Court of Common Pleas of Northampton County.
B.
The Rental Property Maintenance Appeals Board shall be a body of
five members, who shall be appointed by the Borough, one of whom shall
be a citizen of the Borough who has specific knowledge and expertise
in the field of construction and maintenance of property and may also
have specific knowledge regarding the requirements of the state Uniform
Construction Code; another shall be a landlord and resident of the
Borough; two shall be residents of the Borough; and one member of
the Board shall be an elected official serving on Borough Council.
A member shall serve for a term of two years from the time of appointment
or reappointment by Borough Council or until his successor shall take
office. The Board shall have legal counsel attend the hearings and
report to the Board. The Board shall have the following powers:
(1)
To hear and decide appeals where it is alleged there is error in
any order, requirement, decision or determination made by the Borough
public official in the enforcement of the provisions of this article
or any other Borough ordinance that has applicability to the establishment
and maintenance of proper standards, including, but not limited to,
fire prevention, health or buildings;
(2)
To modify any notice of violation or order and to authorize a variance
from the terms of this article when, because of special circumstances,
undue hardship would result from literal enforcement, and where such
variance substantially complies with the spirit and intent of the
article;
(3)
To grant a reasonable extension of time for the compliance of any
order where there is a demonstrated case of hardship and evidence
of an actual undertaking to correct the violation together with a
bona fide intent to comply within a reasonable time period;
(4)
In exercising the above-mentioned powers, the Board shall act with
reasonable promptness and seek to prevent unwarranted delays prejudicial
to the party involved and to the public interest; provided, however,
that the Board shall file its written decision within 10 days after
the appeal hearing. The Board may reverse or affirm, wholly or partly,
or may modify the order, requirement, decision or determination appealed
from and may make such order, requirement, decision or determination
as justice would require and, to that end, shall have all the powers
of the Borough public official; provided, however, that the Board
shall be bound by this article and shall not ignore the clear provisions
and intent of this article.
(5)
Whenever the public official finds that there exists any violation
of this article which creates an emergency requiring immediate correction
to protect the health or safety of any occupant of a dwelling or the
public, the Borough public official may issue a notice of violation
stating the facts which constitute the emergency and requiring necessary
action to be taken immediately. Any person to whom such notice is
directed shall comply immediately, even though an appeal is taken
to the Board or the Northampton County Court of Common Pleas. Any
person aggrieved by such notice of violation may appeal to the Board,
as provided in this article, and the Borough shall give priority to
such appeal, which shall be held within five business days from the
date action was taken by the Borough public official ordering the
property vacated or to remain vacant.
C.
Any person aggrieved by any decision of the Board may appeal to the
Court of Common Pleas of Northampton County within 30 days from the
date of the Board's decision. Such appeal shall be made by a
duly verified petition which shall set forth the factual and legal
basis upon which the decision of the Board is alleged to be illegal,
in whole or in part. Such petition shall be presented to the Court
of Common Pleas, and a notice thereof must be given to the Board within
30 days after the filing of the Board's decision.
D.
If no appeal is filed within the appropriate time frame, within five
days after the expiration of the time for compliance as stated on
the notice of violation or within five days after any appeal period
has expired for any decision by the Board or the Court of Common Pleas,
the Borough public official shall reinspect the premises to determine
compliance. If the violation has not been corrected, the Borough public
official shall institute prosecution for the violation.
E.
Every notice of violation and all records of all proceedings occurring
subsequent to the notice of violation and until the final disposition
of the matter outlined in the notice of violation shall be public
and available for inspection; provided, however, that the Borough
public official may prescribe reasonable regulations regarding the
time and manner of inspection consistent with the Borough's open
records policy.