The Code Enforcement Officer may initiate disciplinary action
against an owner that may result in a formal warning, nonrenewal,
suspension or revocation of the owner's license for violating
any provision of this chapter that imposes a duty upon the owner,
and/or for failing to regulate the breach of duties by occupants as
provided for herein.
As used in this chapter, the following terms shall have the
meanings indicated:
FORMAL WARNING
Formal written notification of at least one violation of
this chapter. Upon satisfactory compliance with this chapter and any
conditions imposed by the Code Enforcement Officer and/or the Borough
Council, the formal warning shall be removed when the owner applies
for license renewal at a time set by the Code Enforcement Officer
or by Borough Council.
NONRENEWAL
The denial of the privilege to apply for license renewal
after expiration of the license term. The Borough will permit the
owner to maintain occupants in the premises until the end of the license
term but will not accept applications for renewal of the license until
a time set by the Code Enforcement Officer or by Borough Council.
REVOCATION
The immediate loss of the privilege to rent regulated rental
units for a period of time set by the Code Enforcement Officer or
the Borough Council and the loss of the privilege to apply for renewal
of the license at the expiration of the time period. Upon the loss
of the privilege to rent, the owner shall take immediate steps to
evict the occupants.
SUSPENSION
The immediate loss of the privilege to rent regulated rental
units for a period of time set by the Code Enforcement Officer or
Borough Council. The owner, after the expiration of the suspension
period, may apply for license renewal without the need to show cause
why the owner's privilege to apply for a license should be reinstated.
Upon suspension, the owner shall take immediate steps to evict the
occupants.
The Code Enforcement Officer, when recommending discipline,
and the Borough Council, when applying discipline, shall consider
the following:
A. The effect of the violation on the health, safety and welfare of
the occupants of the regulated 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 chapter and other
ordinances of the Borough or has received notices of violations as
provided for in this chapter.
D. Whether the owner has been subject to disciplinary proceedings under
this chapter.
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
regulated dwelling unit to enable the owner to comply with the provisions
of this chapter.
H. In addition to applying discipline as set forth above, the Code Enforcement
Officer may recommend and Borough Council may impose upon the existing
or subsequent licenses reasonable conditions related to fulfilling
the purposes of this chapter.
Any of the following may subject an owner to discipline as provided
for in this article:
A. Failure to abate a violation of Borough Codes and ordinances that
apply to the premises within the time directed by the Code Enforcement
Officer.
B. Refusal to permit the inspection of the premises by the Code Enforcement Officer as required by Article
IV, §
333-26, of this chapter.
C. Failure to take steps to remedy and prevent violations of this chapter by occupants of regulated rental units as required by Article
II, §
333-11, of this chapter.
D. Failure to file and implement an approved plan to remedy and prevent violations of this chapter by occupants of a regulated rental unit as required by Article
II, §
333-11, of this chapter.
E. Failure to evict occupants after having been directed to do so by the Code Enforcement Officer of the Borough as provided for in Article
II, §
333-11, of this chapter.
F. Three violations of this chapter or other ordinances of the Borough
that apply to the premises within a license term. For purposes of
this chapter, 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 this violation within 30 days after the Code Enforcement Officer
received notice of the violation.