[Amended 10-13-1983 by Ord. No. 426; 6-13-1991 by Ord. No. 462; 4-11-1996 by Ord. No. 494]
The Borough Council of the Borough of Colwyn shall appoint a
Code Enforcement Officer and such deputies and assistants as are necessary
to enforce the provisions of this article. Such positions may be combined
with another position or positions established in the Borough.
A.
Issuance of certificates of occupancy.
(1)
No person, firm, partnership, corporation or any other entity owning,
managing, conducting or operating a dwelling unit shall rent, lease,
let out or permit the same to be occupied without first securing the
following:
(a)
An annual certificate of occupancy for each occupied dwelling
unit issued pursuant to the provisions of this chapter and other applicable
ordinances and rules and regulations enacted by the Borough Council.
(b)
In addition to the foregoing, a certificate of occupancy for
every vacant dwelling unit issued pursuant to the provisions of this
chapter and other applicable ordinances and rules and regulations
enacted by Borough Council prior to its occupancy.
(c)
A certificate of occupancy whenever there is a change in ownership
in a residential owner-occupied structure.
(2)
Certificate of occupancy term renewal. Every certificate of occupancy
shall be issued for a period of one year from its date of issuance
unless sooner revoked and may be renewed for successive periods of
not to exceed one year.
(3)
Application for certificate of occupancy. No certificate of occupancy
shall be issued or renewed unless the applicant owner or operator
has first made application therefor on an application form provided
by the Code Enforcement Officer. The Code Enforcement Officer shall
develop such forms and make them available to the public.
(4)
Renewal applications. No certificate of occupancy shall be renewed
unless an application therefor has been made within 60 days prior
to the expiration of the present certificate of occupancy.
(5)
The Code Enforcement Officer and/or his agent or agents are hereby
authorized and directed to process all applications for certificates
of occupancy and, prior to the issuance of the same, to determine
that all the requirements of this chapter and/or any other applicable
ordinances and rules and regulations enacted by the Borough Council
have been met. The fee for the issuance of any certificate of occupancy
shall be as follows:
(6)
The fee for issuance shall be filed with the application for a certificate
of occupancy.
B.
Display of certificate of occupancy and transfer of ownership. Each
certificate of occupancy shall be displayed in a conspicuous place
within the common ways of a multiple-rental-unit dwelling. No certificate
of occupancy shall be transferable to another person or to another
rental dwelling unit. Every person holding a certificate of occupancy
shall give notice, in writing, to the Code Enforcement Officer within
24 hours after having transferred or otherwise disposed of the legal
control of any rental unit. Such notice shall include the name and
address of the person or persons succeeding to the ownership or control
of such rental unit or units.
C.
Recordkeeping. Every owner or operator of a rental unit shall keep
or cause to be kept records of all requests for repair and complaints
by tenants which are related to the provisions of this chapter and
to any applicable rules and regulations, and of all corrections made
in response to such requests and complaints. Such records shall be
made available by the owner or operator to the Code Enforcement Officer
for inspection and copying upon request. Such records shall be admissible
in any administrative or judicial proceeding pursuant to the provisions
of this chapter as prima facie evidence of the violation or the correction
of violation of this chapter or applicable rules and regulations pursuant
thereto.
D.
Annual occupancy filing requirements. The owner and operator of any
dwelling unit which has been rented, leased or let out or re-rented
during any calendar year shall, on or before August 15 of the following
year, file a list with the Code Enforcement Officer setting forth
the number of units occupied as of June 30 of the reporting year and
the names of the tenants thereof.
E.
The owner and the operator of any dwelling unit which has been rented,
leased or let out or re-rented or subleased during any calendar year
shall, on or before May 15 of the following year, file a list with
the Borough Manager setting forth the number of units occupied as
of December 31 of the reporting year and the names of the tenants
thereof.
[Added 5-11-2000 by Ord. No. 505]
A.
The Code Enforcement Officer or his agents are hereby authorized
and directed to make inspections of the conditions of rental dwelling
units and other structures located in the Borough of Colwyn. Upon
display of proper identification, the inspector is authorized to enter,
examine and survey such units and premises on weekdays between 9:00
a.m. and 4:00 p.m. or at such other time as may be necessary in an
emergency or as mutually agreed by the occupant and the Code Enforcement
Officer or one of his agents.
B.
Inspection agreement. No certificate of occupancy shall be issued
or renewed unless the applicant owner or operator agrees in his application
to such inspections pursuant to §§ 86-56 and 86-58
as the Code Enforcement Officer may require to determine whether the
rental dwelling unit in connection with such certificate of occupancy
is sought is in compliance with the provisions of this chapter and
with applicable rules and regulations pursuant thereto.
C.
Access for repairs. Every occupant of a rental dwelling unit shall
grant to the owner or his agents or employees free access to it at
reasonable times for the purpose of making repairs or alterations
to effect compliance with this chapter.
A.
For nonresident applicant. No certificate of occupancy shall be issued
or renewed for a nonresident applicant unless such applicant designates,
in writing, to the Code Enforcement Officer the name of his agent
for the receipt of service of notice of violation of the provisions
of this chapter and for service of process pursuant to this chapter.
B.
For resident applicant. No certificate of occupancy shall be issued
or renewed for a resident applicant unless such applicant has first
designated an agent for the receipt of service of violations of the
provisions of this chapter and for service of process pursuant to
this chapter, when said applicant is absent from the Borough of Colwyn
for 30 or more days. Such designation shall be made in writing and
shall accompany each application form. The applicant may designate
any person resident in the Borough of Colwyn, provided that said person
is of majority, as his agent for this purpose, or may designate the
Code Enforcement Officer as his agent for this purpose.
A.
When the Code Enforcement Officer determines that there exists a
violation of any provision of this article, he shall serve written
notice of such violation on the person or persons responsible therefor,
as hereinafter provided.
B.
Such notice shall:
(1)
Be put in writing.
(2)
Include a statement of the reasons why it is being issued.
(3)
Allow a reasonable time for the performance of any act it requires.
(4)
Be served upon the owner or his agent or upon the occupant, as the
case may require, provided that such notice shall be deemed to be
properly served upon such person if a copy thereof is sent by registered
or certified mail to his last known address or if he is served by
any other method authorized or required under the laws of this state.
C.
Such notice may contain an outline of remedial action which, if taken,
will effect compliance with the provisions of this chapter and with
rules and regulations adopted pursuant thereto.
D.
Reinspections and revocation of certificate of occupancy. At the
end of the time the Code Enforcement Officer has allowed for the correction
of any violation cited, the Code Enforcement Officer shall reinspect
the rental dwelling unit, and if the Officer determines that such
conditions have not been corrected, the Officer may issue an order
revoking the certificate of occupancy.
Any person affected by any notice which has been issued in connection
with the enforcement of any provisions of this article or of any rule
or regulation adopted pursuant thereto may request and shall be granted
a hearing on the matter before the Borough Council of Colwyn or a
committee appointed by the Borough Council, provided that such person
shall file in the office of the Code Enforcement Officer a written
petition requesting such hearing and setting forth a brief statement
of the grounds therefor within seven days after the day the notice
was served. Upon receipt of such petition, the Borough Council or
its appointed committee shall set a time and place for such hearing
and shall give the petitioner written notice thereof. Such proceedings
shall be summarized, in writing, and shall become a matter of public
record in the office of the Borough Secretary. Such record shall also
include a copy of every notice or order issued in connection with
the matter. If the appointed committee hears the petitioner and makes
a decision which the petitioner rejects, the petitioner shall have
the right to appeal to the entire Borough Council within seven days
of receiving the notice, asking the entire Borough Council to hear
the case and make the ruling. Any person aggrieved by the decision
of the Borough Council may seek relief therefrom in any court of competent
jurisdiction, as provided by the laws of this state.
Any notice served pursuant to § 86-69 shall automatically
become an order if a written petition is not filed in the office of
the Code Enforcement Officer within seven days after such notice is
filed.
Whenever the Code Enforcement Officer 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 rental dwelling or the public, he may issue an order reciting
the existence of such an emergency and requiring that such actions
be taken as he deems necessary to meet the emergency. Notwithstanding
the other provisions of this chapter, such order shall be effective
immediately. Any person to whom such order is directed shall comply
therewith immediately, but upon petition to the Borough Council shall
be afforded a hearing as soon as possible. After such hearing, depending
upon the findings of the Council as to whether the provisions of this
article and of the rules and regulations adopted pursuant thereto
have been complied with, the Code Enforcement Officer shall continue
such order in effect or modify it or revoke it.
Whenever the Code Enforcement Officer finds that a rental dwelling
unit constitutes a serious hazard to the health and safety of the
occupants or to the public because it is dilapidated, unsanitary,
vermin-infested, rodent-infested or lacking in basic facilities and
equipment required by this chapter, he shall designate such dwelling
unit as unfit for human habitation. Such designation shall be posted
on the dwelling and shall specify the reason for such a finding. A
notice of violation shall also be served in accordance with the provisions
of § 86-69. Any dwelling unit so designated shall be vacated
within a reasonable amount of time as specified by the Code Enforcement
Officer and shall not again be used for human habitation until the
hazard or violation has been eliminated or corrected and the Code
Enforcement Officer has removed the designation and given written
approval for occupancy. A report of any such closings must immediately
be filed with the Borough Council.
The Borough Council is authorized to make and adopt such procedural
rules as it may deem necessary for the proper enforcement of this
article, provided that such procedural rules and regulations shall
not be in conflict with the substantive provisions of this article.
Such rules and regulations shall have the same force and effect as
the provisions of this article, and the penalty for violation thereof
shall be the same as the penalty for violation of the provisions of
this article.
If a violation has not been corrected within the time designated
for such compliance and the Borough Council finds that the continuation
of such violation constitutes a public nuisance or hazard, it may
order the correction of such violation, using Borough funds or Borough
personnel to accomplish such corrections, and may charge the cost
thereof to the violator. It may collect such cost by lien and/or otherwise
as may be authorized by the laws of this state.
Any person who violates any provision of this article or any provision of any rule
or regulation adopted by the Borough Council pursuant to authority
granted by this article or fails to correct within a reasonable time
the defects for which the dwelling or dwellings have been cited shall,
upon conviction before a District Justice, pay a penalty of not less
than $300 nor more than $1,000 and, in default of payment of such
fine, be imprisoned for not less than one day nor more than 30 days.
The provisions of this article shall be severable, and if any
of the provisions hereof shall be invalid or unenforceable, the remaining
provisions of this article shall remain in effect.
All ordinances or parts of ordinances conflicting with any of
the provisions of this article are hereby repealed insofar as the
same affects this article.
This article shall become effective immediately.
