[HISTORY: Adopted by the Borough Council of the Borough of
Irwin as indicated in article histories. Amendments noted where applicable.]
[Adopted 8-10-2011 by Ord. No. 904]
[Amended 6-13-2018 by Ord. No. 967]
This chapter is adopted to protect the health, safety and welfare
of Borough residents and to prevent the loss of life, limb and property
from failure of rental dwelling units to comply with applicable building
and safety codes.
As used in this article, the following terms shall have the
meanings indicated:
Any person, lessor, firm, corporation, partnership or association
who or which leases or by some other legal means provides usage of
real property to other persons, firms, corporations, partnerships
or associations.
Information provided to the Borough of Irwin as required
by this article. The information is to be provided in writing on forms
provided by the Borough of Irwin. In the event the forms are not provided
by the Borough of Irwin, any written notice with the required information
would be acceptable.
Any adult 18 years or older occupying any landlord rental
unit pursuant to a written and/or oral lease and obligated to pay
a landlord an agreed amount of rental payments.
[Amended 6-13-2018 by Ord. No. 967]
[Amended 6-13-2018 by Ord. No. 967]
A.Â
All landlords who own real property within the Borough of Irwin and
who lease a portion or all of same to residential tenants shall fill
out a tenant registration application form, as provided by the Borough,
which identifies the following information:
(1)Â
The landlord's name, address, and telephone number.
(2)Â
The address of the rental unit (including the room number, suite
number, apartment number, dwelling unit number, or other such number),
and name(s) and telephone number(s) of all tenants over the age of
18. If the dwelling unit is occupied by any persons under the age
of 18, the number of said minor persons shall be identified.
(3)Â
If there is a property manager, the property manager's name, address,
and telephone number.
(4)Â
The term or length of the tenancy and/or lease.
B.Â
The above information and form shall be provided to the Borough 10
days prior to the renting, leasing, subleasing or occupancy of any
property in the Borough for a period of time in excess of 30 days.
C.Â
The forwarding address of the tenant shall be provided by the landlord
to the Borough within 10 days of the tenant's vacating of the rental
unit.
[Amended 6-13-2018 by Ord. No. 967; 7-14-2021 by Ord. No. 995]
A.Â
All landlords who own real property within the Borough of Irwin shall
pay a tenant registration fee to the Borough of Irwin in sum, to be
set by Council by way of resolution, per residential rental unit contained
in each building and/or real estate owned by said landlord, at the
time of filing the application required herein. The application form
and fee shall be due and payable 10 days prior to the date in which
a tenant first occupies the landlord's rental unit. There shall
be a new application and registration if a tenant relocates to a different
unit owned and/or operated by landlord, regardless of whether the
unit is in the same building or structure.
B.Â
For all rental units let out by landlords and occupied by tenants as of the effective date of this article, the application form required by this Chapter 195, along with the appropriate fee, shall be filed with the Borough within 60 days of the effective date of this article.
C.Â
Prior to the inspection required under this Chapter 195, the applicant shall pay an inspection fee(s) in the amount to be set by Council, by way of resolution, for an initial inspection and for each additional inspection required. Subsequent inspections will be required where the initial inspection reveals a condition not in compliance with the Borough of Irwin Code, requiring remediation by the applicant. Following remediation, an additional inspection shall be conducted to confirm the defect has been cured.
[Amended 6-13-2018 by Ord. No. 967]
A.Â
The Borough Manager shall cause the information contained in the
application to be available for inspection by the Borough Volunteer
Fire Department, Police Department, and Emergency Management Services,
for the purpose of improving emergency responses and the health, safety,
and welfare of the residential rental unit tenants.
B.Â
Upon the filing of the application form under this Chapter 195, the residential rental unit shall be inspected by the Building Inspector, Zoning Officer or other Borough employee or officer as designated by Borough Council for compliance with the provisions of the Building Codes and/or its constituent codes found in Chapters 110 and 75 of the Borough of Irwin Code (including but not limited to the Fire Prevention Code, the Property Maintenance Code, the Plumbing Code and the Electrical Code) then enacted in the Borough. The Building Inspector shall note all violations and shall leave with the owner, landlord, manager or agent for an owner a copy of any notice of violation. The Building Inspector shall forward any notice of violation to the Manager for the Borough's file.
C.Â
Pennsylvania statutes govern. All matters regulated by the Pennsylvania
Construction Code Act or by any other laws of the Commonwealth of
Pennsylvania or by regulations of departments or agencies of the commonwealth
promulgated by authority of law, as the case may be, shall control
all inspections where the requirements thereof are the same as, or
in excess of, the provisions of the Borough Building Code and its
constituent codes; however, when the requirements of the Borough Building
Code and its constituent codes exceed the requirements of the commonwealth's
regulations, the Borough Building Code and its constituent codes shall
apply.
D.Â
Inspection mandatory. Any person who applies as an owner or as an agent for an owner for the registration of the residential rental unit pursuant to this Chapter 195 shall permit the Zoning Officer to inspect the dwelling unit or rooming unit for the purpose of ensuring compliance with this Chapter 195 and the Borough of Irwin Code.
E.Â
Refusal to permit lawful inspection. A person registering a tenant under this Chapter 195 violates this chapter if, after application, such person refuses to permit such lawful inspection of the dwelling unit or rooming unit, unless such person withdraws such application in writing.
F.Â
Expiration of registration. Each registration shall expire when the
tenant vacates the residential rental unit or five years after the
date of registration, whichever occurs first. Upon expiration of the
tenant registration, the owner of the premises shall be required to
obtain a renewal of the registration by arranging for a new inspection
of the premises and by paying the rental permit fee then in place.
[Amended 6-13-2018 by Ord. No. 967]
Should any person not comply with the terms and provisions of this Chapter 195, the Borough Manager shall provide notice of the violation to the landlord or person in control of the residential rental unit not in compliance with this chapter. If this violation is not corrected within 10 days, the Borough may take any and all action and institute any and all proceedings and seek relief in any court of the commonwealth if the Borough shall deem such action necessary to abate any violation of this Chapter 195.
Any landlord owning real estate within the Borough of Irwin
who fails or refuses to abide by the provisions of this article may
be penalized as follows:
A.Â
Prosecution as a summary offense with, upon conviction of the first
offense, a fine not in excess of $100 plus court costs. Each day that
the article is violated shall constitute a separate punishable offense.
B.Â
Upon conviction of a second offense, a fine not in excess of $600
plus court costs and attorney's fees. Each day that the article is
violated shall constitute a separate punishable offense.
