Borough of Mifflinburg, PA
Union County
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Table of Contents
Table of Contents

§ 13-101 Title.

[Ord. 2015-02, 2/24/2015]
This Part shall be known as the Borough of Mifflinburg "Residential Rental Unit Ordinance."

§ 13-102 Purpose; Findings.

[Ord. 2015-02, 2/24/2015]
1. 
It is the purpose of this Part and the policy of the Council of the Borough of Mifflinburg, 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 the rental of certain residential rental units in the Borough of Mifflinburg 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 public health, safety and welfare. As a means to those ends, this Part provides for a system of inspections, issuance and renewal of rental licenses and sets penalties for violations. This Part shall be liberally construed and applied to promote its purposes and policies. In considering the adoption of this Part, the Borough of Mifflinburg makes the following findings.
2. 
In recent years, many formerly private homes have been turned into residential rental units. Those rental units have oftentimes been rented to individuals who, because they have no ownership interest in the property, have allowed the properties to deteriorate. In many cases, the owners of the properties live long distances from the Borough of Mifflinburg. As a result, property maintenance of many rental units in the Borough of Mifflinburg has been somewhat lax. In addition, problems have occurred because many tenants, because they have no ownership interest in the real estate, have not been concerned about following the codes of the Borough of Mifflinburg, including codes which govern maintenance and safety of the property. This, in turn, has caused problems for other home owners near the rental units. In addition, there is a greater incidence of violation of various codes of the Borough of Mifflinburg in residential rental properties where owners rent properties to tenants.

§ 13-103 Definitions.

[Ord. 2015-02, 2/24/2015]
As used in this Part, the following terms shall have the meanings indicated:
BOROUGH
The Borough of Mifflinburg, Union County, Pennsylvania.
CODE
Any code or ordinance adopted, enacted or in effect in and for the Borough concerning fitness for habitation or the construction, maintenance, operation, occupancy, use or appearance of any premises or residential rental unit. Included within, but not limited by, this definition are the following which are in effect as of the date of the enactment of this Part:
A. 
The Uniform Construction Code (hereinafter "UCC");
B. 
The International Property Maintenance Code;
C. 
The International Building Code; and
D. 
Any duly enacted amendment or supplement to any of the above and any new enactment falling within this definition.
CODE OFFICIAL
The person or persons authorized by the Borough to determine compliance with the provisions of this Part and to enforce the same including, without limitation, the Borough Code Official and Property Code Officer as appointed, contracted with or employed from time to time.
COMMON AREA
Any open area within a structure shared by occupants or that the occupants have the right to share including, but not limited to, kitchens, bathrooms, living rooms, dining rooms, attics, basements and any room used for parties, social events or the congregation of people, except bedrooms.
CRIMES CODE
The Pennsylvania Crimes Code (18 Pa.C.S.A. § 101 et seq.) as amended from time to time.
DISRUPTIVE CONDUCT
Any form of conduct, action, incident or behavior perpetrated, caused or permitted by any occupant or guest of a residential rental unit that is so loud, untimely (as to hour of the day), offensive, riotous or that otherwise disturbs other persons of reasonable sensibility in their peaceful enjoyment of their premises such that a report is made to police, the Code Official or both 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 a 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 the Code Official or police shall investigate and make a determination that such did occur, and keep written records, including a disruptive conduct report, of such occurrence.
DISRUPTIVE CONDUCT REPORT
A written report of disruptive conduct completed by the Code Official or police who actually investigates an alleged incident of disruptive conduct and which shall be maintained by the Code Official.
DOMICILE
The place where a person has his/her permanent principal home to which he/she returns or intends to return.
DRUG ACT
The Pennsylvania Controlled Substance, Drug, Device and Cosmetic Act (35 P.S. § 780-101 et seq.), as amended from time to time.
GUEST
A person on the premises with the actual or implied consent of an occupant.
LANDLORD
One or more persons, jointly or severally, in whom is vested all or part of the legal title to the premises or all or part of the beneficial ownership and a right to the present use and enjoyment of the premises, including a mortgage holder in possession of a residential rental unit. Same as "owner."
LANDLORD-TENANT ACT
The Landlord and Tenant Act of 1951, 68 P.S. § 250.101, et seq.
LIQUOR CODE
The Pennsylvania Liquor Code (47 P.S. § 1-101 et seq.), as amended from time to time.
MANAGER
An adult individual designated by the owner of a residential rental unit.
OCCUPANT
An individual who resides in a residential rental unit, whether or not he or she is the owner thereof, with whom a legal relationship with the landlord is established by a rental agreement or by the laws of the Commonwealth of Pennsylvania. Same as "tenant".
OWNER
One or more persons, jointly or severally, in whom is vested all or part of the legal title to the premises or all or part of the beneficial ownership and a right to the present use and enjoyment of the premises, including a mortgage holder in possession of a residential rental unit. Same as "landlord."
OWNER-OCCUPIED RESIDENTIAL RENTAL UNIT
A residential rental unit in which the owner resides on a regular, permanent basis.
PERSON
A natural person, partnership, corporation, unincorporated association, limited partnership, limited liability company, trust or any other entity.
POLICE
The Police Department of the Borough or any properly authorized member or officer thereof or any other law enforcement agency having jurisdiction within the Borough.
PREMISES
Any parcel of real property in the Borough, including the land and all buildings and appurtenant structures or appurtenant elements, on which one or more residential rental units are located.
RENTAL AGREEMENT
A written agreement between owner/landlord and occupant/tenant supplemented by the addendum required under this Part, embodying the terms and conditions concerning the use and occupancy of a specified residential rental unit or premises.
RENTAL LICENSE
The license issued to the owner of residential rental units under this Part, which is required for the lawful rental and occupancy of residential rental units.
RESIDENTIAL RENTAL UNIT
Any structure, intended for residential occupancy or in which any occupant resides, within the Borough which is not occupied by the owner of the real estate as determined by the most current deed and for which the owner of the said parcel of real estate received any value including, but not limited to, money or the exchange of services. Each apartment within a building is a separate residential rental unit requiring inspection and a rental license.
STRUCTURE
Any human-made object, the use of which requires an ascertainable stationary location on land, whether or not it is affixed to the land.
TENANT
An individual who resides in a residential rental unit, whether or not he or she is the owner thereof, with whom a legal relationship with the owner/landlord is established by a rental agreement or by the laws of the Commonwealth of Pennsylvania. Same as "occupant."

§ 13-104 Owner's Duties.

[Ord. 2015-02, 2/24/2015]
1. 
General.
A. 
Every owner shall be responsible for regulating the proper and lawful use of all of the owner's premises including, without limitation, compliance with this Part.
B. 
Every owner shall be responsible for regulating the conduct and activities of the occupants of all of the owner's residential rental units, when the conduct or activity takes place on any of the owner's premises. Every owner of a residential rental unit shall regulate the conduct and activity of the occupants thereof both contractually and through enforcement, as more fully set forth below.
C. 
Nothing herein is intended to impose any additional civil/criminal liability upon owners other than that which is imposed by existing law. Therefore, this section shall not be construed:
(1) 
As diminishing or relieving, in any way, the responsibility of occupants or their guests for their conduct or activities.
(2) 
As an assignment, transfer or projection onto any owner of any responsibility or liability which occupants or their guests may have as a result of their conduct or activity under any private cause of action, civil or criminal enforcement proceeding, or criminal law.
(3) 
To require an owner to indemnify or defend occupants or their guests when any such action or proceeding is brought against the occupants or guests based upon the occupants' or guests' conduct or activity.
2. 
Designation of Manager.
A. 
Every owner who does not live full-time in the Borough or within 25 miles of the Borough, shall designate a manager who lives full-time in the Borough or within 25 miles of the Borough. If the owner is anything other than an individual, a manager shall be required unless:
(1) 
An officer or principal of the owner lives full-time in the Borough or within 25 miles of the Borough; and
(2) 
That officer or principal of the owner actually performs the same function as a manager.
B. 
The manager shall be the agent of the owner for service of process and receiving of notices and demands, as well as for performing the obligations of the owner under this Part and under rental agreements with occupants.
C. 
The manager shall be available as an emergency contact person.
D. 
The identity, address and telephone number(s) of a person who is designated as manager shall be provided by the owner to the Code Official, and the information shall be promptly updated as it changes.
[Amended by Ord. 2015-04, 9/21/2015]
3. 
Disclosure.
A. 
The owner or manager shall disclose to all occupants in writing on or before the commencement of the tenancy:
(1) 
The name, address and telephone number of the manager.
(2) 
The name, address and telephone number of the owner of the premises.
B. 
Before an occupant initially enters into or renews a rental agreement for a residential rental unit, the owner or manager shall furnish all occupants with the most recent inspection report relating to the property.
4. 
Maintenance of Premises.
A. 
The owner shall maintain the premises in compliance with all applicable state laws and regulations, local ordinances and this Part and keep the premises in good and safe condition. The owner shall be responsible for regularly performing all maintenance and repairs on the premises where any residential rental unit is located, including lawn mowing and ice and snow removal.
B. 
The owner and occupant may agree that the occupant shall perform specified repairs, maintenance tasks, alterations or remodeling; however, the agreement must:
(1) 
Be in writing;
(2) 
Be entered into in good faith and not for the purposes of evading the obligations of the owner or occupant; and
(3) 
Not diminish or affect the obligation of the owner to other occupants of the premises.
C. 
In no case shall the existence of any agreement between owner and occupant relieve an owner of any responsibility under this Code or other codes, ordinances or laws regarding maintenance of the premises.
5. 
Rental Agreement.
A. 
The owner shall provide the occupant with copies of the rental agreement and addendum upon execution.
B. 
Terms and Conditions. Owner and occupant may include in a rental agreement terms and conditions not prohibited by this Part or other applicable ordinances, regulations and laws, including rent, term of the agreement and other provisions governing the rights and obligations of the parties.
C. 
Prohibited Provisions. Except as otherwise provided by this Part, no rental agreement may provide that the occupant or owner agrees to waive rights or remedies under this Part. A provision prohibited by this subsection included in a rental agreement is unenforceable.
D. 
Provision of Summary to Occupant. Following the effective date of this Part, a summary hereof in substantially the form set forth in Appendix A,[1] shall be provided to the occupant. If a summary has been provided at or before the commencement of the landlord-tenant relationship, a summary does not have to be provided upon renewal. Where a rental agreement has been entered into prior to the effective date of this Part, the owner shall provide the occupants with a copy of the summary within 60 days after the enactment of this Part.
[1]
Editor's Note: Appendix A is included as an attachment to this chapter.
E. 
All information required to be given to occupants by the owner shall be furnished at or before the beginning of the landlord-tenant relationship and the owner shall secure a written acknowledgment from occupants that the occupants have received the information required by this Part.
F. 
Upon request by the Borough, the owner, within 10 days of the request, shall furnish to the Borough, copies of any rental agreements that the owner has entered into for residential rental units and copies of the written acknowledgment from occupants that the occupants have received the information required by this Part.
6. 
Registration of Residential Rental Units.
A. 
Owner shall register all residential rental units with the Code Official within 30 days after the effective date of this Part.
B. 
Any person who converts any structure to a residential rental unit or units shall register the residential rental unit or units with the Code Official within 30 days of the completion of the conversion of the unit or units or within 30 days of the date a tenant occupies the unit or units, whichever date is first.
C. 
Within 72 hours of the transfer of any real estate in the Borough which contains one or more residential rental units, the grantee or the grantee's agent, including the grantee's attorney or title company, shall notify the Borough of the transfer.
D. 
Registration information shall include the following:
(1) 
Owner name, address, telephone number.
(2) 
Manager name, address, telephone number.
(3) 
Property address and number of residential rental units.
(4) 
Emergency telephone number for owner and manager.
(5) 
Number of occupants.
(6) 
Names, addresses and telephone numbers of current occupants.
E. 
The owner of a residential rental unit must update the registration information on record with the Code Official within 10 days of any changes of the information set forth above.
[Amended by Ord. 2015-04, 9/21/2015]
F. 
Notwithstanding any other provisions of this Part, the name, address and telephone number of an occupant shall only be disclosed by any Borough employee, contractor or agent as required by law and shall not be disclosed by any Borough employee, contractor or agent if the tenant is the subject of a court order requiring that this information be kept confidential.
7. 
Rental License Requirement.
A. 
The owner of any residential rental unit shall get a rental license for each residential rental unit before entering into a rental agreement or permitting the occupancy of any residential rental unit except the following:
(1) 
Hotels and motels as defined in the Borough's Zoning Ordinance.[2]
[2]
Editor's Note: See Ch. 29, Zoning.
(2) 
Hospitals and nursing homes.
(3) 
Bed and breakfast/inns as defined in the Borough's Zoning Ordinance.
8. 
Landlord-Tenant Act. The owner shall comply with all provisions of the Landlord-Tenant Act.
9. 
Smoke Alarms. All owners of residential rental units in the Borough shall, within five days of the effective date of this Part, install smoke alarms at the following locations:
A. 
On the ceiling or wall outside each separate sleeping area in the immediate vicinity of the bedrooms;
B. 
In each room used for sleeping purposes; and
C. 
In each story within a dwelling unit, including basements and cellars, but not including crawl spaces and uninhabitable attics.
10. 
Complaints. The owner shall reply promptly to reasonable complaints and inquiries from occupants.
11. 
Inspections. The owner shall comply with the inspection requirements of this Part.
12. 
All owners of any premises containing any residential rental units which are in violation of this Part shall notify prospective purchasers, in writing, prior to the sale of the premises that the premises is in violation of this Part. Further, all owners of any premises containing any residential rental units which are in violation of this Part shall notify the Code Official of the pending sale, in writing, at least 30 days prior to closing on the sale of the premises.
13. 
The owner shall maintain at the residential rental unit and provide upon demand the following:
A. 
The current rental license and current inspection report issued by the Code Official.
B. 
The names of the authorized occupants of the residential rental unit.
C. 
The total number of persons who may occupy the residential rental unit or units and any common areas located within the rental unit.

§ 13-105 Occupant Duties.

[Ord. 2015-02, 2/24/2015]
1. 
General. The occupant shall comply with all obligations imposed upon occupants by this Part, all applicable codes and ordinances of the Borough and all applicable provisions of state law.
2. 
Health and Safety Regulations.
A. 
The maximum number of persons permitted in any residential rental unit at any time shall not exceed the number permitted by the occupancy limitations set forth in the Property Maintenance Code in effect in the Borough at the time.[1]
[1]
Editor's Note: See Ch. 5, Buildings, Part 4, Property Maintenance Code.
B. 
The occupant shall, in a clean and safe manner, deposit all rubbish, garbage and other waste from his or her rental unit into containers in compliance with the Property Maintenance Code.
3. 
Peaceful Enjoyment. The occupant shall behave, and shall require others on the premises to behave, in a manner that will not disturb the peaceful enjoyment of the premises by others, and that will not disturb the peaceful enjoyment of adjacent or nearby premises by the persons on those premises.
4. 
Residential Use. The occupant shall occupy or use the residential rental unit only as a residence, unless otherwise permitted by applicable law or ordinance.
5. 
Illegal Activities. The occupant shall not engage in, nor tolerate, nor permit others on the premises to engage in any conduct prohibited by the Crimes Code, Liquor Code or Drug Act. Any individual convicted of any conduct prohibited by the Drug Act that is graded as a felony, upon conviction and expiration of any applicable appeal period, shall not be eligible to be an occupant of any rental unit in the Borough for seven years after the individual's conviction and the expiration of any applicable appeal period. Failure of the property owner to remove the individual from the occupancy permit shall result in nonrenewal of the rental permit. This subsection shall not apply to any occupant domiciled in the Borough at the adoption of this Part provided the Borough continues to be the occupant's domicile.
6. 
Disruptive Conduct.
A. 
The occupant of a residential rental unit shall not engage in, nor tolerate, nor permit others on the premises to engage in disruptive conduct or any other violations of this Part.
B. 
When police or the Code Official 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 report shall include, if possible, the identity or identities of the alleged perpetrator(s) of the disruptive conduct and the factual basis for the disruptive conduct. Any disruptive conduct report completed by a police officer shall be submitted to the Code Official. In all cases, the Code Official shall mail a copy of the disruptive conduct report to the owner or manager within three working days of the occurrence of the disruptive conduct.
7. 
Compliance with Rental Agreement. The occupant shall comply with all lawful provisions of the rental agreement entered into between owner and occupant. Failure to comply may result in the eviction of the occupant by the owner.
8. 
Damage to Premises. The occupant shall not intentionally cause, nor permit or tolerate others to cause, damage to the premises. Conduct which results in damages in excess of $500 shall be considered a violation of this Part.
9. 
Inspection of Premises. The occupant shall permit inspections by the Code Official of the premises at reasonable times, upon reasonable notice.
10. 
All tenants who have been evicted from a residential rental unit for violating this Part shall, if asked, disclose that fact to a prospective landlord prior to entering into a rental agreement with that landlord or moving into that landlord's premises.

§ 13-106 Enforcement of Occupant Duties.

[Ord. 2015-02, 2/24/2015]
1. 
Within 10 days after receipt of written notice from the Code Official that an occupant of a residential rental unit has violated a provision of this Part, the owner shall take action to remedy the violation and to assure that there is not a reoccurrence of the violation.
2. 
Within 20 days after receipt of a notice of violation, the owner shall file with the Code Official a plan to remedy and prevent violations setting forth:
A. 
What action the owner has taken to remedy the violation;
B. 
What action the owner has taken to prevent a reoccurrence of the violation; and
C. 
A plan for what action the owner will take in the future if the violation reoccurs.
3. 
The Code Official shall review the plan and determine if it is adequate to address future violations. If deemed inadequate, the Code Official shall notify the owner of the plan's specific inadequacies.
4. 
The owner shall enforce the plan without additional prompting by the Code Official.
5. 
In the event that a second violation occurs within a year involving the same occupant, the Code Official may direct the owner to:
A. 
Initiate eviction proceedings, in accordance with the Landlord-Tenant Act, against the occupant who violated this Part; and
B. 
Not permit the occupant to occupy the premises during the subsequent licensing period.

§ 13-107 Residential Rental Unit Licenses and Inspections.

[Ord. 2015-02, 2/24/2015]
1. 
Rental License Application Requirements.
A. 
The application for the rental license shall be on a form as determined by the Borough and accompanied by a rental license fee, in an amount to be established, from time to time, by resolution of Borough Council.
B. 
The owner shall provide, with the first application for a rental license submitted after the enactment of this Part, a floor plan, drawn to scale, with the measurements of each room within the residential rental unit. If there are changes to the floor plan, the owner shall submit a revised floor plan with the next application submitted after the changes to the floor plan were made.
2. 
Rental License Term, Annual Fee and Occupancy Limit.
A. 
A rental license shall be valid for one year from the date of issuance unless revoked sooner as permitted in this Part.
B. 
Every application for a rental license renewal shall be accompanied by an annual rental license fee, in an amount to be established, from time to time, by resolution of Borough Council. The fee shall be paid annually by the anniversary date of the original rental license.
C. 
No rental license shall be issued if the owner has not paid all fees required under this Part, all fines and costs arising from enforcement of this Part and all other sums owed to the Borough for any reason whatsoever, including, without limitation, utility bills.
D. 
The rental license shall indicate the maximum number of occupants allowed in each residential rental unit.
3. 
Inspections.
A. 
Residential rental unit inspections shall be completed as follows:
(1) 
All units shall be inspected every three years.
(2) 
All units on any premises on which any violation of this Part has occurred, shall be inspected once a year or each time the unit is vacant, whichever comes first. This inspection frequency shall continue until:
(a) 
A period of two years passes with no violations on the premises; or
(b) 
Ownership of the premises changes and a period of one year passes with no violations on the premises.
B. 
The Code Official shall record the inspection findings on a written inspection report.
4. 
Notice of Inspection Findings; Reinspection.
A. 
If after inspection of a residential rental unit, the Code Official determines that the unit does not comply with the Code, the Code Official shall provide a written notice of violation, which shall include the following:
(1) 
Street address of the property.
(2) 
Date of the inspection.
(3) 
Name of the inspector.
(4) 
List of violations.
B. 
The notice of violation shall be sent to the owner or manager at the address provided by the owner or manager, in writing to the Code Official, or to the mailing address maintained by the Union County Tax Assessment Office for the record owner of the property.
C. 
The notice of violation shall be deemed received three days after mailing.
D. 
After receipt of a written notice from the Borough Code Official that there has been a violation of this section or any other applicable ordinances of the Borough, the owner shall correct the violation by the deadline set forth in the notice of violation and take steps to assure that there will not be a reoccurrence of the violation.
E. 
The Code Official may reinspect any residential rental unit subject to a notice of violation after the deadline to correct the violation has passed or upon notice from the owner that the violations have been corrected.
F. 
The owner shall pay a fee for reinspection in an amount to be established, from time to time, by resolution of Borough Council.
G. 
The owner may satisfy the inspection and reinspection requirements in this Part by submitting to the Code Official, by the applicable deadline, a written certification of inspection completed by an architect licensed under the Pennsylvania Architects Licensure Law or an engineer licensed under the Pennsylvania Engineer, Land Surveyor and Geologist Registration Law, provided that such certification is based upon performance of an inspection that meets or exceeds the inspection requirements under this Part and which has applied the Property Maintenance Code as adopted by the Borough.[1] Further, an inspection report demonstrating compliance shall be provided to the Code Official and the owner shall pay a compliance review fee in an amount to be established from time to time by resolution of the Borough Council.
[1]
Editor's Note: See. Ch. 5, Buildings, Part 4, Property Maintenance Code.
H. 
Any residential rental unit that is subject to an inspection by any other government agency whose inspection standards are equal to or greater than the Borough's codes shall be exempt from the inspection schedule for a period of 12 months following the inspection by the other agency; provided, however, that inspection may occur as set forth in this Part if a violation occurs. This exemption does not exclude the property from being subject to any of the Borough's Codes.
5. 
Borough Can Make Repairs.
A. 
If the owner of a residential rental unit neglects, fails or refuses to comply with any notice from the Borough or its Code Official to correct a violation, relating to maintenance and repair of the premises under any the Code, within the period of time stated in the notice, the Borough may cause the violation to be corrected.
B. 
The owner shall pay the actual costs incurred by the Borough plus 10% of the costs upon receipt of a bill from the Borough. Any bill which remains unpaid and outstanding 30 days after the date of the bill shall be grounds for the imposition of a municipal lien upon the premises as provided by law. Such a lien may be reduced, enforced and collected as provided by law, together with interest at the legal rate, court costs and attorneys' fees.
C. 
The remedies provided by this subsection are not exclusive and the Borough and its Code Official may invoke such other remedies available under this Part or other applicable law.

§ 13-108 Grounds for Revocation of Rental License.

[Ord. 2015-02, 2/24/2015]
1. 
General. The Code Official may initiate disciplinary action against an owner for violating any provision of this Part and the types of disciplinary action are as follows:
A. 
Formal Warning. Formal written notification of at least one violation of this Part. Upon satisfactory compliance with this Part and any conditions imposed by the Code Official, the formal warning shall be removed when the owner applies for rental license renewal or at a time set by the Code Official.
B. 
Revocation. The immediate loss of the privilege to rent residential rental units for a period of time set by the Code Official. Also, the loss of the privilege to apply for renewal for a period time set by the Code Official. The period during which renewal cannot be pursued shall begin upon the expiration of the time period for revocation. Upon the loss of the privilege to rent, the owner shall take immediate steps to evict the occupants.
2. 
Criteria for Applying Discipline. The Code Official when determining discipline shall consider the following:
A. 
The effect of the violation on the health, safety and welfare of the occupants of the residential rental unit and other residents of the premises.
B. 
The effect of the violation on the neighborhood.
C. 
Whether the owner has prior violations of this Part and other ordinances of the Borough or has received notices of violations as provided for in this Part.
D. 
Whether the owner has been subject to disciplinary proceedings under this Part.
E. 
The effect of disciplinary action on the occupants.
F. 
The action taken by the owner to remedy the violation and to prevent future violations, including any written plan submitted by the owner.
G. 
The policies and lease language employed by the owner to manage the rental unit to enable the owner to comply with the provisions of this Part.
H. 
In addition to applying discipline as set forth above, the Code Official may impose upon the existing or subsequent rental licenses reasonable conditions related to fulfilling the purposes of this Part.
3. 
Grounds for Imposing Discipline. Any of the following may subject an owner to discipline as provided for in this Part:
A. 
Failure to correct a violation of any Borough codes and ordinances that apply to the premises within the time directed by the Code Official.
B. 
Failure to take steps to remedy and prevent violations of this Part by occupants of residential rental units as required by this Part.
C. 
Failure to file and implement an approved plan to remedy and prevent violations of this Part by occupants of the residential rental unit as required by this Part.
D. 
Failure to evict occupants after having been directed to do so by the Code Official as provided for in this Part.
E. 
Three violations of any regulations of the Borough that apply to the premises, including this Part, within a rental license term. For purposes of this Part, there need be no criminal conviction before a violation can be found to exist. Before a prior violation can be considered under this Section, the owner must have received notice in writing of the violation within 30 days after the Code Official received notice of the violation.
4. 
Procedure for Revocation of Rental License.
[Amended by Ord. 2015-04, 9/21/2015]
A. 
Notification. Following a determination that grounds for revocation of a rental license exist, the Code Official shall notify the owner or manager of the action to be taken and the reason for the action. The notification shall be in writing, addressed to the owner or manager and shall contain the following information:
(1) 
The address of the premises in question and identification of the particular residential rental units affected.
(2) 
A description of the violation which has been found to exist.
(3) 
Identification of the type of disciplinary action being taken and, if applicable, the start date and duration of any revocation.
(4) 
Whether, and for how long, the owner is prohibited from renting, leasing or permitting occupancy of the residential rental unit(s).
(5) 
That the owner has the right to appeal the decision of the Code Official by submitting in writing to the Code Official, within 20 days from the date printed on the notice, a detailed statement of the grounds for the appeal, the reason(s) alleged why the determination of the Code Official is incorrect or should be overturned, and a statement of relief requested by the appellant.
B. 
Delivery of Notification.
(1) 
All notices shall be sent to the owner or manager by certified and regular first-class mail, postage prepaid. If the first-class mail notice is not returned by the postal authorities within five days of its deposit in the United States Mail, then it shall be deemed to have been delivered to and received by the addressee on the fifth day following its deposit in the United States Mail, and all time periods set forth herein shall be calculated from that fifth day.
(2) 
In the event that the notice is returned by the postal authorities marked undeliverable, then the Code Official shall attempt delivery by personal service on the owner or manager or the Code Official shall post the notice at a conspicuous place on the premises.
(3) 
A claimed lack of knowledge by the owner of any violation of this Part shall be no defense to enforcement action for that violation if all notices required by this Part have been given as required by this Part.

§ 13-109 Appeal.

[Ord. 2015-02, 2/24/2015]
1. 
The owner shall have the right to appeal any decision of the Code Official to the Residential Rental Unit Appeals Board, which shall be established by resolution of Borough Council, by submitting in writing to the Borough Manager, within 20 days from the date printed on the notice, a detailed statement of the grounds for the appeal, the reason(s) alleged why the determination of the Code Official is incorrect or should be overturned, and a statement of relief requested by the appellant.
[Amended by Ord. 2015-04, 9/21/2015]
2. 
The notice of appeal shall be submitted on a form determined by the Borough and signed by the appellant. The appeal form shall accompanied by a fee for the appeal, the amount of which shall be determined and established, from time to time, by resolution of Borough Council.
3. 
Upon receipt of an appeal in proper form and the proper fee, the Code Official shall schedule a hearing before the Residential Rental Unit Appeals Board to be held within 20 days of the request.
[Amended by Ord. 2015-04, 9/21/2015]
4. 
The Borough Residential Rental Unit Appeals Board shall hold a hearing on the appeal which shall be conducted in accordance with the Local Agency Law, 2 Pa.C.S. §§ 105, 551 et seq. and 751 et seq. The appellant and all other parties having an interest may be heard.
[Amended by Ord. 2015-04, 9/21/2015]
5. 
Based on the facts and arguments of the appellant, the Code Official and any police or other public officials involved, and any relevant factual presentations of other parties, the Borough Residential Rental Unit Appeals Board shall make a decision affirming, reversing or modifying the action of the Code Official from which the appeal was taken.
6. 
The decision shall be rendered at a public meeting either immediately following the hearing or within 30 days thereafter. The decision shall be reduced to writing stating clearly the factual and legal basis for the decision, within 45 days after the hearing and provided to the appellant and the Borough within three days after the date of the written decision.
7. 
If the Borough Residential Rental Unit Appeals Board deems it necessary or desirable, it may continue the hearing to a subsequent time and date not later than 30 days from the initial hearing and, in that case, the time limits for rendering the decision and reducing it to writing set forth herein shall be calculated from the last hearing date at which the substance of the decision is orally announced.

§ 13-110 Miscellaneous Provisions.

[Ord. 2015-02, 2/24/2015]
1. 
Owners Severally Responsible. If any rental unit is owned by more than one person, in any form of joint tenancy, as a partnership or otherwise, each person shall be jointly and severally responsible for the duties imposed under the terms of this Part and shall be severally subject to prosecution for the violation of this Part.
2. 
Confidentiality. All registration and contact information shall be maintained in a confidential manner by the Code Official and shall only be utilized for the purpose of enforcement of this Part by the Code Official and Borough Manager.
3. 
No Limit of Remedies. The remedies and procedures provided for violation of this Part are not intended to be exclusive nor to replace to any degree the remedies and procedures available to the Borough in the case of a violation of any other code or ordinance of the Borough, whether or not such other code or ordinance is referenced in this Part and whether or not an on-going violation of such other code or ordinance is cited as the underlying ground for a finding of a violation of this Part. No remedy provided in any specific section or subsection of the Part is intended to be the exclusive remedy for a violation under that section or subsection; rather, the Borough shall have the right to pursue any remedies available under this Part of other applicable law to correct violations of this Part.

§ 13-111 Enforcement; Violations and Penalties.

[Ord. 2015-02, 2/24/2015]
1. 
This Part shall be enforced by the Code Official.
2. 
Basis for Violation. It shall be unlawful for any person to violate this Part.
3. 
Penalties.
A. 
Any landlord or owner of a residential unit which violates any of the provisions of § 13-104, Subsection 6 (registration), or Subsection 7 (licensing), together with all of the subsections thereunder shall upon conviction thereof be sentenced to pay a fine of $500 for each and every offense. Each day a violation occurs shall be a separate offense.
B. 
Any landlord or owner of a residential rental unit that violates any of the provisions of § 13-104, Subsection 9 (provide smoke alarms), Subsection 11 (allow inspections), and Subsection 13 (requires owner to maintain certain information on premises), shall incur the following penalties:
(1) 
For the first offense: Any owner or landlord violating any of the above listed sections shall upon conviction in a summary proceeding be sentenced to pay a fine of $100 for each and every offense.
(2) 
For the second offense: Any owner or landlord violating any of the above listed sections shall upon conviction in a summary proceeding be sentenced to pay a fine of $300 for each and every offense.
(3) 
For the third offense and any subsequent offense: Any owner or landlord violating any of the above listed sections shall upon conviction in a summary proceeding be sentenced to pay a fine of $500 for each and every offense or shall be imprisoned for a period not to exceed 90 days or both.
C. 
Any occupant of a residential rental unit who violates any of the provisions of § 13-105 shall incur the following penalties:
(1) 
For the first offense, he/she shall upon conviction in a summary proceeding be sentenced to pay the sum of $100 for each and every offense.
(2) 
For the second offense, he/she shall upon conviction in a summary proceeding be sentenced to pay the sum of $300 for each and every offense.
(3) 
For the third offense and any subsequent offense, he/she shall upon conviction in a summary proceeding be sentenced to pay the sum of $500 for each and every offense or shall be imprisoned for a period not to exceed 90 days or both.
D. 
Fines as imposed through this Part shall be collected as allowable by law.
E. 
Each day during which any person violates any provision of this Part shall constitute a separate offense.
F. 
This chapter and the foregoing penalties shall not be construed to limit or deny the right of the Borough or its agents or representatives to such equitable or other remedies as may otherwise be available with or without process of law.
G. 
In addition to the fines set forth in this Part, any person convicted of violating this Part shall be assessed the court costs and reasonable attorneys' fees incurred by the Borough in the enforcement proceedings.
H. 
Search Warrant. For the purpose of enforcing this Part, the Code Official may seek to obtain a search warrant, upon a showing of probable cause, issued by a competent authority for the purpose of compelling an inspection or otherwise enforcing this Part.