Borough of Paxtang, PA
Dauphin County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Borough Council of the Borough of Paxtang 11-16-2004 by Ord. No. 593. Amendments noted where applicable.]
GENERAL REFERENCES
Dangerous and unsafe buildings — See Ch. 138.
Uniform construction codes — See Ch. 160.
Property maintenance — See Ch. 310.
Solid waste — See Ch. 353.
Zoning — See Ch. 425.
The Paxtang Borough Council finds that dwellings or dwelling units which are leased or rented to the public, when improperly maintained, by reason of their structures, equipment, sanitation, use or occupancy, may adversely affect the public health, safety and general welfare. To correct unsuitable conditions which exist within rental properties and to establish mechanisms for the continued maintenance of a sound stock of rental housing within the Borough of Paxtang and to promote the public health, safety and general welfare of its citizens, the Borough Council establishes these regulations, which shall require the registration of rental dwelling units and provide for enforcement of rental housing standards.
This chapter is intended to protect the health, safety and welfare of all the citizens of the Borough of Paxtang by requiring the registration of all rental dwelling units in the Borough. This registration combined with regular inspections of common areas and electrical, mechanical and plumbing installations will help prevent overcrowding and the incidence of communicable diseases, will aid in the enforcement of the minimum standards for light, ventilation and heat, for safety from fire and accidents, for the use, location and amount of space for human occupancy, and for the adequate level of maintenance.
For the purpose of this chapter, certain terms, phrases, words and their derivatives shall be construed as specified in this section, except where the context clearly indicates or requires a different meaning. If not specified in this chapter, or elsewhere in the Code of the Borough of Paxtang, the term shall have its ordinary accepted meaning within the context used. Words in the singular include the plural and the plural the singular.
CODES
The following codes and any codes, regulations and ordinances in the Paxtang Borough Code:
A. 
Paxtang Borough code enforcement and building regulations as set forth in Chapter 160, Construction Codes, Uniform, of the Code of the Borough of Paxtang.[1]
B. 
International Property Maintenance Code, 2009 Edition, International Code Council.
[Amended 12-16-2014 by Ord. No. 647]
CODES ENFORCEMENT OFFICER
A person authorized by the Borough of Paxtang to make building or housing inspections.[2]
COMMON AREA
The area in a rental complex not within a tenant's private rental unit. It may include, but is not limited to, hallways, basement areas, common exterior stairways, balconies and space which contain mechanical, electrical or plumbing equipment.
GOOD FAITH EFFORT
Work done towards moving or rectifying a code violation, while not completed, in the sole opinion of the inspecting Codes Enforcement Officer, substantial and substantive progress toward that end has been made.
OWNER
Any individual holding legal or equitable title to a property or to real improvements upon a property solely, jointly, by the entireties, in common, or as a land contract vendee or title to a mobile home or house trailer. "Owner" shall also mean any person, individual, association of individuals, a public private or not-for-profit corporation, a firm or partnership. "Owner" shall not mean tenant.
PERSON
A natural person, partnership, corporation, unincorporated association, limited partnership, tenant or any other entity.
PREMISES
Any parcel of real property in the Borough, including the land and all buildings and appurtenant structures or elements on which one or more rental complex, rental dwelling, rental property or rental unit is located.
RENTAL AGREEMENT
A written agreement between the owner/landlord and tenant embodying the terms and conditions concerning the use and occupancy of a specified rental complex, dwelling, property or unit.
RENTAL COMPLEX
A group of rental dwellings.
RENTAL DWELLING
Any dwelling containing a rental unit, a rooming unit, or hotel/motel unit, including single-family homes and mobile homes, occupied by a tenant or tenants.
RENTAL PROPERTY
Generally, all rental complexes, premises, dwellings and units.
RENTAL UNIT
A particular living quarters within a dwelling intended for occupancy by a person other than the owner and the family of the owner, including mobile homes, single-family homes, apartments, hotel/motel units, and rooming units.
TENANT
A person residing in or occupying a rental dwelling or rental unit, whether or not he or she is the owner thereof, with whom a legal relationship with the owner or landlord is established by written lease or by the laws of the Commonwealth of Pennsylvania.
VIOLATION NOTICE
Notice issued by the Codes Enforcement Officer advising an owner, or his agent, of a violation of this chapter. Violation notices shall list all infractions and corrective measures necessary to comply with this chapter and a time period within which corrections must be completed.
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
[2]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
A. 
This chapter shall apply to all persons, firms, partnerships, associations and corporations owning or exercising control over any building or premises used for dwelling purposes, or which subsequently may be constructed or so designated, which is in total or in part rented or leased, and which is located within the bounds of Paxtang Borough. An owner of any dwelling unit located within the jurisdiction of Paxtang Borough shall not rent to another any dwelling, or dwelling unit, unless such dwelling, or dwelling unit, is registered with the Borough and is in compliance with all applicable federal, state and local laws, rules, ordinances and regulations. Tenancy of any dwelling by any person other than the owner of record shall be presumed to require a rental registration.
(1) 
This presumption may be rebutted by evidence that the tenant has ownership equity of 25% or more of the fee or life estate, evidenced by:
(a) 
A recorded deed; or
(b) 
A recorded land contract; or
(c) 
An unrecorded land contract with supporting evidence that it was not entered into in order to circumvent the requirements of this chapter, including subsequent recordation.
(2) 
Tenants of any dwelling claiming any form of ownership in accordance with a land contract, option to purchase, exchange contract, or any other legal instrument shall provide proof that the transfer of ownership is supported by a substantial equity interest in the property by the person or persons claiming ownership.
B. 
In a case where a provision of this chapter is found to be in conflict with a provision of an ordinance or code of this Borough applicable to existing buildings, the provisions which establish the higher standard for the protection of the public safety and health shall prevail.
A. 
General.
(1) 
It shall be the duty of every owner to keep and maintain all rental units in compliance with all applicable codes and provisions of all other applicable state laws and regulations and local ordinances, and to keep such property in good and safe condition.
(2) 
As provided for in this chapter, every owner shall be responsible for regulating the proper and lawful use and maintenance of every dwelling which he, she or it owns. As provided for in this chapter, every owner shall also be responsible for regulating the conduct and activities of the tenants of every rental unit which he, she or it owns in the Borough, which conduct or activity takes place at such rental unit or its premises. In order to achieve those ends, every owner of a rental unit shall regulate the conduct and activity of the occupants thereof, both contractually and through enforcement, as more fully set forth below.
(3) 
This chapter shall not be construed as diminishing or relieving, in any way, the responsibility of tenants or their guests for their conduct or activity; nor shall it be construed as an assignment, transfer or projection over to or onto any owner of any responsibility or liability which tenants 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; nor shall this chapter be construed so as to require an owner to indemnify or defend tenants or their guests when any such action or proceeding is brought against the tenant based upon the tenant's or their guest's conduct or activity. Nothing herein is intended to impose any additional civil or criminal liability upon owners other than that which is imposed by existing law.
(4) 
This chapter is not intended to, nor shall its effect be to, limit any other enforcement remedies which may be available to the Borough against an owner, tenant, occupant or guest thereof.
B. 
Disclosure.
(1) 
The owner shall disclose to the tenant in writing on or before the commencement of the tenancy the name, address and telephone number of the owner of the premises.
(2) 
Before the tenant initially enters into or renews a rental agreement for a rental unit, the owner shall furnish the tenant with the most recent inspection report relating to the property.
C. 
Maintenance of premises.
(1) 
The owner shall maintain the premises in compliance with all applicable codes of the Borough and shall regularly perform all routine maintenance, including lawn mowing and ice and snow removal, and shall promptly make any and all repairs necessary to fulfill this obligation.
(2) 
The owner and tenant may agree that the tenant is to perform specified repairs, maintenance tasks, alterations or remodeling. In such case, however, such agreement between the owner and tenant must be in writing. Such an agreement may be entered into between the owner and tenant only if:
(a) 
The agreement of the parties is entered into in good faith and not for the purpose of evading the obligations of the owner or tenant; and
(b) 
The agreement does not diminish or affect the obligation of the owner to other tenants in the premises.
(3) 
In no case shall the existence of any agreement between the owner and tenant relieve an owner of any responsibility under this chapter or other ordinances or codes for maintenance of the premises.
D. 
Written rental agreement.
(1) 
All rental agreements for dwelling units shall be in writing. No oral leases and no oral modifications thereof are permitted. All disclosures and information required to be given to tenants by the owner shall be furnished before the signing of the rental agreement. The owner shall provide the tenant with copies of the rental agreement and a copy of this chapter.
(2) 
Terms and conditions. Owner and tenant may include in a rental agreement terms and conditions not prohibited by this chapter or other applicable ordinances, regulations and laws, including rent, term of the agreement, and other provisions governing the rights and obligations of the parties.
(3) 
Prohibited provisions. Except as otherwise provided by this chapter, no rental agreement may provide that the tenant or owner agrees to waive or to forego rights or remedies under this chapter. A provision prohibited by this subsection included in a rental agreement is unenforceable.
(4) 
Attachment of ordinance to rental agreement. Following the effective date of this chapter, a summary hereof in a form provided to the owner by the Borough at the time of licensing shall be attached to each rental agreement delivered by or on behalf of an owner when such agreement is presented for signing to any occupant. If a summary has been provided when the rental agreement was first executed, 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 chapter, the owner shall provide the occupants with a copy of the summary within 60 days after enactment of this chapter.
E. 
Complaints. The owner shall reply promptly to reasonable complaints and inquiries from occupants.
F. 
Landlord/Tenant Act. The owner shall comply with all applicable provisions of the Landlord/Tenant Act of the Commonwealth of Pennsylvania.[1]
[1]
Editor's Note: See 68 P.S. § 250.101 et seq.
G. 
Common areas. Where an owner does not regulate the use of common areas and the behavior of tenants and guests in the common areas, the owner shall be directly responsible for the behavior of occupants and guests in the common area as if the owner were an occupant.
H. 
Code violations. Upon receiving notice of any code violations from the Code Enforcement Officer, the owner shall promptly take action, or cause the necessary action to be taken, to abate the offending condition and eliminate the violation as specified in the notice.
A. 
Consent. The occupant shall comply with all obligations imposed upon tenants by this chapter, all applicable codes and ordinances of the Borough and all applicable provisions of state law.
B. 
Health and safety regulations.
(1) 
The maximum number of persons in any regulated rental unit and in the common areas of any multiple-unit dwelling at any time shall not exceed the maximum number of persons per square foot of habitable space as established by the Uniform Construction Act and Code.
(2) 
The tenant shall dispose from his or her rental unit all rubbish, garbage and other waste in a clean and safe manner and separate and place for collection all recyclable materials in compliance with Chapter 353, Solid Waste, of the Code of the Borough of Paxtang and all other applicable ordinances, laws and regulations.
C. 
Peaceful enjoyment. The tenant shall conduct himself or herself and require other persons, including, but not limited to, guests on the premises and within his or her rental unit with his or her consent to conduct themselves 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 dwellings by the persons occupying same.
D. 
Residential use. The tenant shall, unless otherwise permitted by applicable law or ordinance, occupy or use his or her rental unit for no other purpose than a permitted use under Chapter 425, Zoning, of the Code of the Borough of Paxtang.
E. 
Illegal activities. The tenant shall not engage in, nor tolerate nor permit others on the premises to engage in, any conduct declared illegal under the Pennsylvania Crimes Code (18 Pa.C.S.A. § 101 et seq.) or Liquor Code (47 P.S. § 1-101 et seq.), or the Controlled Substance, Drug, Device and Cosmetic Act (35 P.S. § 780-101 et seq.).
F. 
Compliance with rental agreement. The tenant 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.
G. 
Damage to premises. The tenant shall not intentionally cause, nor permit, nor tolerate others to cause, damage to the premises. Conduct which results in damages in excess of $500 shall be considered a violation of this chapter.
H. 
Inspection of premises. The tenant shall permit inspections by the Codes Enforcement Officer of the premises at reasonable times, upon reasonable notice.
Rental registration is not required under the following circumstances:
A. 
Family occupancy. Any member of a family, as defined by § 425-10 in the Zoning Chapter, may occupy a dwelling as long as any other member of that family is the owner of the dwelling.
B. 
House-sitting. During the temporary absence of the owner and owner's family of a domicile for a period not to exceed two years in any five-year period, the owner may permit up to two unrelated individuals or a family to occupy the premises without a rental registration by notifying the Codes Enforcement Officer, on a form provided by the Borough, of the address of the owner's temporary domicile, the projected duration of the owner's absence, and the identity of the unrelated individual(s) or family who will occupy the premises during the owner's absence.
C. 
One- and two-family dwelling sales. The sale of any one- or two-family dwelling intended for occupancy by the owner or owners of record which are to be occupied by the seller under a rental agreement for a period of less than 90 days following closing. The sale of any one- or two-family dwelling intended for occupancy under a lease with option to purchase agreement, life estate agreement or any other form of conditional sale agreement shall require rental registration if legal or equitable ownership is not transferred in its entirety within 90 days of execution of the conditional sales agreement.
D. 
Exchange student, visiting clergy, medical caregiver, child care: For an owner-occupied dwelling, additional occupancy by exchange students placed through a recognized education exchange student program, one visiting clergy or clerical aide to a local church or congregation, or one person to provide child care or medically prescribed care.
E. 
Estate representative. Occupancy by a personal representative, trustee or guardian of the estate and his/her family, where the dwelling was owner-occupied for the last year prior to the owner's death, and the occupancy does not exceed two years from the date of death of the owner, by notifying the Codes Enforcement Officer on a form provided by the Borough of the owner's name, date of death, and name of the person occupying the premises.
All owners of rental property shall register with the Borough of Paxtang each rental complex, dwelling, property and unit within the boundaries of the Borough.
The registration of any rental property shall require at least the following information on forms provided by the Borough:
A. 
The address of the rental property with each rental unit contained therein enumerated. If the rental units are within a complex of buildings, the property manager's address.
B. 
If applicable, the number of buildings in the rental complex.
C. 
The number of rental units per rental dwelling, the total number of rooms per rental unit and the number of bedrooms per rental unit.
D. 
A floor plan of the dwelling, showing the number, size and location of habitable and occupiable rooms in the rental unit, and the number, size and location of nonhabitable and nonoccupiable rooms in the rental unit, as well as all exits, basement and attic egress windows and entryways to the unit. If the owner or the registered agent has previously submitted a floor plan for the rental unit which is the subject of the application, the application may incorporate by reference the previously filed documents and certify that no material change to the rental unit has taken place in the prior registration period.
E. 
A site plan showing the boundaries of the property; the location of all structures; the location, number and size of parking spaces in conformance with the Borough's Code; the location and size of driveways. If the owner or the registered agent has previously submitted a site plan for the rental unit which is the subject of the application, the application may incorporate by reference the previously filed documents and certify that no material change to the rental unit has taken place in the prior registration period.
F. 
The owner's name, driver's license or state identification number (or in the case of a corporation, the corporate ID number), address and telephone number and the location where he/she shall receive correspondence from the Borough and where he/she may be reached in cases of emergency.
G. 
The name, driver's license or state identification number (or in the case of a corporation, the corporate ID number), address and telephone number of the registered agent or other responsible person designated by the owner to receive official notices, legal processes, tenant concerns and correspondence from the Borough.
H. 
The owner applicant shall sign the registration attesting to the truth and accuracy of its contents.
I. 
Payment of all applicable fees as published in the Borough Schedule of Fees.[1]
[1]
Editor's Note: The current Schedule of Fees is on file in the Borough office and on the Borough's website.
An application for the renewal of a rental registration shall contain the same information as an initial application, except that:
A. 
It may be signed by the owner or registered agent.
B. 
If there have been no changes from the previous application, it may incorporate by reference the information previously submitted.
A rental registration application shall not be accepted by the Codes Enforcement Officer unless it meets all requirements of this chapter, is accompanied by the required rental registration fee, is accompanied by the documents required by this chapter, and is accompanied by any delinquent Borough fees and charges due and payable to the Borough in conjunction with the property to be registered. The Codes Enforcement Officer, within 30 days of receipt, shall notify the applicant of any deficiencies of the application which prevent its acceptance.
An application is not considered accepted by the Codes Enforcement Officer until the Borough does one or more of the following:
A. 
Provides a written acknowledgment of receipt and acceptance of a complete application; or
B. 
For initial applications, schedules the inspection of the premises and delivers an acknowledgment of a completed and accepted application.
The owner or his/her registered agent shall provide written notification to the Codes Enforcement Officer of any change in the registration information within 10 days of such change.
Included with the initial and renewal registration application shall be an affidavit and agreement, signed by the property owner, permitting inspections of his/her properties by officials of the Borough and affirming that all tenants of the subject properties have been informed of the regulations contained in this chapter and of inspections of the properties by Codes Enforcement Officers. A copy of the affidavit shall be provided by the property owner to all tenants.
The Codes Enforcement Officer may, with written notice, require additional information of any or all registrants in order to reasonably further the purposes of this chapter.
A. 
Each residential rental unit shall be inspected by the Codes Enforcement Officer at least one time in every thirty-six-month period, and for any such purpose and for any such reinspection required hereunder, the owner shall provide access to the designated Borough representative.
B. 
Initial rental registration inspections. Within 60 days following the acceptance of an application for an initial rental registration, the proposed rental unit shall have an inspection for compliance with the requirements of the Property Maintenance Code (see Chapter 310 of this Code) and the Uniform Construction Code, as enforced and administered pursuant to Chapter 160 of this Code.[1]
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
C. 
Annual renewal inspection schedule. A schedule of potential inspections of all rental properties shall be prepared by the Codes Enforcement Officer and made available for review by the public at the office of the Borough Secretary, and a proposed date for the potential inspection of an owner's rental property shall be provided to the owner and tenant at least 30 days prior to the inspection date. This schedule and notice shall not create a responsibility for the Borough to inspect the property; however, except as hereinafter provided, no inspection shall be performed on any day not in compliance with the scheduling and notice requirements of this paragraph. A list of inspection guidelines, prepared by the Codes Enforcement Officer, shall be given to all owners at the time of registering a rental property.
D. 
Common area and unit inspection. The common areas of all rental complexes shall be inspected at least one time in every thirty-six-month period. Common areas shall be inspected in accordance with an inspection schedule prepared by the Codes Enforcement Officer and available for review by the public at the office of the Borough Secretary. (All rental units shall be inspected at least one time in each thirty-six-month period.)
E. 
Probable cause inspection. Any rental property, even though not previously scheduled for inspection, may be inspected without prior notice if the Codes Enforcement Officer has probable cause to believe that there exists in any rental property any condition which makes such rental property, or any portion thereof substandard or unsafe, or if there is evidence that a violation of the code(s) may exist.
F. 
Court orders. If any owner, tenant or other person in charge of any rental dwelling or dwelling unit fails or refuses to permit free access and entry to the structure or premises under his/her control or any part thereof with respect to which an inspection authorized by this chapter is sought to be made, the Codes Enforcement Officer, upon a showing that probable cause exists for the inspection and for the issuance of an order directing compliance with the inspection requirements of this chapter with respect to such dwelling or dwelling unit, may apply to the Magisterial District Judge having jurisdiction for a search warrant to enter and inspect the premises and may petition and obtain such order or other relief by order from a court which has jurisdiction.
G. 
Inspections in general. Rental property may only be inspected during reasonable hours, except probable cause inspections, upon presentation of proper identification by a Codes Enforcement Officer. The Codes Enforcement Officer or his agents are hereby authorized and directed to make inspections of the conditions of rental dwellings and other structures as provided in this chapter, located in the Borough of Paxtang. Upon display of proper identification, the Codes Enforcement Officer is authorized to enter, examine and survey such dwelling units and premises on prior notice to the owner and/or occupant of such unit, including but not limited to such times as may be necessary in an emergency or as otherwise agreed upon by the occupant and the Codes Enforcement Officer or one of his agents.
A. 
Registration, expiration and reregistration. Rental properties shall be registered annually at least 30 days before the expiration date assigned by the Borough, following the same requirements set forth in § 325-9. The Borough may extend registration periods beyond 12 months in order to stagger expiration dates.
B. 
Waiver of inspection and reduction of fees. An owner may apply for a waiver from inspection and a fifty-percent reduction in the following year's registration fee, as set forth in the Schedule of Fees,[1] by supplying the Borough with a certified copy of a completed inspection by an agency of the federal or state government and an affidavit affirming the correction of all violations found by the inspecting agency. The request must be made within 60 days after the inspection by another agency and at least 20 days before the scheduled inspection by the Borough. The Codes Enforcement Officer shall determine whether the inspection is a qualified substitute for a Borough inspection.
[1]
Editor's Note: The current Schedule of Fees is on file in the Borough office and on the Borough's website.
C. 
Owner inspections. Rental property owners should conduct their own periodic inspections and should correct potential code violations at all times. The Codes Enforcement Officer will endeavor to consult with owners and advise them of proper methods and materials to correct violations and ways to avoid potential future problems and violations.
A. 
Violations not imminently dangerous. Upon inspection by a Codes Enforcement Officer, if a violation of the code(s) is discovered, but the violation is deemed by the Codes Enforcement Officer not to be imminently dangerous to life or limb, a violation notice shall be issued to the owner in accordance with Section 107 of the International Property Maintenance Code. The owner shall be advised of the time period to correct the violation.
B. 
Reinspection and fees. Reinspection of a property shall occur on the date specified on the violation notice, or sooner if requested by the owner and Borough scheduling permits such inspection. A fee, as published in the Schedule of Fees,[1] shall be charged for each reinspection. A reinspection may be waived as determined by the Codes Enforcement Officer if the owner or registered agent has provided written notification and supporting documentation to the Codes Enforcement Officer that all corrections have been made within the specified time period.
[1]
Editor's Note: The current Schedule of Fees is on file in the Borough office and on the Borough's website.
C. 
Schedules. Time schedules for the correction of violations shall be reasonable as determined by the Borough Codes Enforcement Officer.
D. 
New violation notice. If a violation is not corrected upon the expiration of the allowed time, as identified in the violation notice, but a good faith effort has been made to correct the violation, the Codes Enforcement Officer may provide a revised compliance date. If new violations are found at the same premises, a new notice shall be issued with an appropriate date before which corrections must be completed.
If no effort has been made to correct a violation within the time allotted for its correction, the Codes Enforcement Officer may issue an appearance ticket for said violation and may order the building vacated in accordance with Section 108 of the International Property Maintenance Code.
A. 
Violations that threaten life, limb or property. If upon inspection of rental property the Codes Enforcement Officer determines that a violation is of such a serious nature so as to immediately threaten the life, limb, health, property, safety or welfare of the public or the occupants thereof, the Codes Enforcement Officer shall demand that the violation(s) be corrected immediately and/or the building be vacated immediately in accordance with Sections 107, 108 and 109 of the International Property Maintenance Code.
B. 
Undue hardships. If in the opinion of the Codes Enforcement Officer the vacating of the building would cause undue hardship upon its tenants, but the conditions of the premises are as described in Subsection A above, the Codes Enforcement Officer may correct, or cause to be corrected, the conditions which are deemed imminently dangerous to life and limb, and charge to the owner the costs thereof in accordance with Section 109 of International Property Maintenance Code.
A. 
Registration and fees. The purchaser shall cause a registration to be transferred upon the sale of a rental property. The new owner shall sign all appropriate agreements and affidavits for registration and shall complete a new registration application. All the above shall be provided to the Borough by the new owner or the real estate closing institution within 30 days of closing the sale. There is no fee for transferring registration.
B. 
Existing violations. If a rental property subject to sale has outstanding violations, all violations shall be corrected and a reinspection shall be required before a registration is transferred. The owner shall advise the purchaser of any outstanding violations before closing the sale.
C. 
Change of status. If the subject property is not to be used as rental property after a sale is transacted, and a statement and affidavit to this effect is provided to the Borough, no inspection or transfer is required.
A. 
Building permits. Rental property owners shall procure the appropriate building permits from the Borough of Paxtang or the Commonwealth of Pennsylvania for construction work required by the Codes Enforcement Officer to correct violations.
[Amended 7-17-2007 by Ord. No. 606]
B. 
Notifications. When there is noncompliance with the code(s), owners and their registered agents, as listed in the applications for registration of rental properties, shall be notified and the properties posted in accordance with Section 107 of the International Property Maintenance Code. Owners shall be informed of their appeal rights. Tenants or occupants of a subject rental property shall be notified of their dwelling's conditions and provided information regarding their rights.
C. 
Fees. Rental property owners shall be required to pay a fee for registration and for any reinspection performed as a result of violation(s). Fees shall be paid at the time of registration or reinspection as applicable. The Borough Council shall determine and publish a schedule of fees as needed.[1]
[1]
Editor's Note: The current Schedule of Fees is on file in the Borough office and on the Borough's website.
D. 
Notice and orders. All notices and orders of the Codes Enforcement Officer shall be in accordance with Section 107 of the International Property Maintenance Code.
E. 
Nonliability. The issuance of a registration by the Borough is not a representation by the Borough that the rental unit and/or the building in which it is located is in compliance with fire prevention, building, mechanical, property and maintenance, electrical, plumbing or other codes. The issuance of a registration indicates that the residential dwelling unit did not have patent dangerous conditions as of the date of the inspection. However, neither the enactment of this chapter nor the issuance of a registration shall impose any liability upon the Borough for any errors or omissions which resulted in the issuance of such registration, nor shall the Borough bear any liability not otherwise imposed by law.
A. 
Basis for violation.
(1) 
It shall be unlawful for any person, as owner of a rental unit for which registration is required, to operate without a valid, current registration issued by the Borough authorizing such operation. It shall also be unlawful for any person, either owner or tenant, to allow the number of tenants of a rental unit to exceed the maximum limit as set forth on the registration, or to violate any other provision of this chapter. It shall be unlawful for any tenant to violate this chapter.
(2) 
It shall be unlawful for the owner(s) of any premises containing one or more dwelling units, other than owner-occupied single-family dwellings or any agent acting for said owner(s), to permit occupancy of any dwelling unit on the premises by another or to represent to the public such premises, or a part thereof, as for rent, lease or occupancy unless said rental and/or dwelling units are currently registered and said registration has not been revoked or invalidated.
(3) 
It shall be unlawful for any person, persons, firm or corporation or any others acting on behalf of said person, persons, firm or corporation to violate or fail to comply with any of the provisions of this chapter or hamper, impede or interfere with the performance of the duties of any authorized Borough Codes Enforcement Officer or agent of the official or other officer under the provisions of this chapter.
B. 
Penalties.
(1) 
Any violation of this chapter shall constitute a summary offense punishable, upon conviction thereof by a Magisterial District Judge, by fine of a maximum not to exceed $1,000 plus costs of prosecution or, in default of payment of such fine and costs, by a term of imprisonment not to exceed 30 days. Repeat offenses under this chapter shall be subject to increased fines as provided hereby. Each act of violation and every day upon which such violation shall occur shall constitute a separate and distinct offense. Abatement shall not be considered as payment or part of a violations penalty. Attorney's fees, consultant, engineering and other costs incurred by the Borough as the result of enforcement of this chapter may be recoverable if the Borough prevails as determined by the Court.[1]
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
(2) 
The penalty provisions of this chapter and the registration nonrenewal, suspension and revocation procedures provided in this chapter shall be independent, nonmutually exclusive separate remedies, all of which shall be available to the Borough as may be deemed appropriate for carrying out the purposes of this chapter. The remedies and procedures provided in this chapter for violation hereof are not intended to supplant or replace, to any degree, the remedies and procedures available to the Borough in the Borough's Code, whether or not such other code or ordinance is referenced in this chapter and whether or not an ongoing violation of such other code or ordinance is cited as the underlying ground for finding of a violation of this chapter.
C. 
Sale or transfer in violation. Violations under Subsection A of this chapter shall include the sale or transfer of a dwelling in violation of this chapter or the failure to adhere to any statements made in an affidavit submitted under § 325-21C by an owner, broker or sales agent.
A. 
In case the owner of a premises shall neglect, fail or refuse to comply with any notice from the Borough or its Codes Enforcement Officer to correct a violation relating to maintenance and repair of the premises under any code within the period of time stated in such notice, the Borough may cause the violation to be corrected. There shall be imposed upon the owner a charge of the actual costs involved, plus 10% of said costs, for each time the Borough shall cause a violation to be corrected; and the owner of the premises shall be billed after same has been completed. Any such bill which remains unpaid and outstanding after the time specified therein for payment shall be grounds for the imposition of a municipal lien upon the premises as provided by law. Such a lien may be reduced to a judgment and enforced and collected as provided by law, together with interest at the legal rate and court costs. The remedies provided by this paragraph are not exclusive, and the Borough and its Codes Enforcement Officer may invoke such other remedies available under this chapter or other applicable codes, ordinances or statutes, including, where appropriate, condemnation proceedings or declaration of premises as unfit for habitation, or suspension, revocation or nonrenewal of the registration issued hereunder.
B. 
The owner shall permit inspections of any premises by the Codes Enforcement Officer at reasonable times upon reasonable notice.