[Ord. 2011-482, 2/9/2011]
A.
Within 60 days of adoption of this Residential Rental Unit License
and Inspection Ordinance ("Part 4") and on or before March 31 of each
calendar year after the effective date of this Part 4, every owner,
operator, responsible agent or manager of a residential rental unit
located in the Borough of Red Hill shall apply for a residential rental
unit license for each residential rental unit owned by such owner
from the Borough Code Enforcement Officer. The owner shall complete
a license registration for each residential rental unit and shall
pay an annual license registration fee as set forth herein. The license
shall be valid and operative during the calendar year in which it
is issued.
[Amended by Ord. 2015-520, 11/11/2015]
B.
Forms for such license registration shall be provided by the Borough
Code Enforcement Officer. The registration form shall list the name,
address and telephone number of the residential unit owner, an address
for service of notices for inspection and/or violations of this Part
4, the location of the unit, the name, address and telephone number
of the manager or rental agent (if applicable), the number of rental
units in the residential rental property (if applicable) and the names
of the respective tenants.
C.
Failure to register a residential rental unit and obtain a license for each residential rental unit from the Code Enforcement Officer: (1) within 60 days from the date of the passage of this Part 4, (2) within 30 days following the purchase or conversion of a structure to a residential rental unit, or (3) annually as required by this section, shall constitute a violation of this Part 4.
[Ord. 2011-482, 2/9/2011; as amended by Ord.
2015-520, 11/11/2015]
A.
An annual license registration fee in an amount established by resolution of Borough Council shall be timely paid and renewed as established in § 5-401. The license registration fee shall be the sole responsibility of the property owner. Late registrations shall be subject to a monthly late fee as established by resolution of Borough Council.
[Ord. 2011-482, 2/9/2011]
A.
All residential rental units shall be inspected to assure compliance with the minimum maintenance requirements and standards for such properties as set forth in this Part 4. Such inspection shall occur when the unit first becomes a registered residential rental unit and once every three years thereafter, or, if sooner, at such time as the property undergoes a change of ownership, as provided in § 27-802, Subsection 2D, of the Zoning Ordinance.
B.
“Residential rental unit” means an apartment, a rooming
unit or a dwelling unit of any kind which is leased, or held out or
otherwise available for lease, for living and sleeping purposes or
any and all other residential units not owner-occupied as a primary
residence by the owner of record. A residential rental unit shall
include residential properties under lease purchase agreements.
[Amended by Ord. 2014-509, 10/8/2014]
C.
"Change of ownership" means the transfer of legal or equitable title
to the unit or property by deed or other written instrument, whether
or not recorded of record. The definition also includes an agreement
of sale that provides for the transfer of title after a certain number
of installment payments by the tenant.
D.
The minimum maintenance requirements and standards for residential
rental units shall be as follows:
(1)
(2)
Electrical:
(a)
Proper grounding of panel box and outlets.
(b)
No exposed or dangerous wiring.
(c)
Missing covers on receptacle, switches and junction boxes.
(d)
Labeling of breakers at panel.
(e)
Open slots at panel box (sealed or capped).
(f)
Switched lighting at stairways, top and bottom, except basements.
(g)
Receptacles in all habitable rooms.
(h)
Vent above stove.
(i)
All 125-volt, single-phase, 15- and 20-ampere receptacles installed
in bathrooms shall have ground-fault circuit-interrupter protection
for personnel.
(j)
All 125-volt, single-phase, 15- or 20-ampere receptacles installed
in garages and grade-level portions of unfinished accessory buildings
used for storage or work areas shall have ground-fault circuit-interrupter
protection for personnel.
(k)
All 125-volt, single-phase, 15- and 20-ampere receptacles installed
outdoors shall have ground-fault circuit-interrupter protection for
personnel.
(l)
Where a crawl space is at or below grade level, all 125-volt,
single-phase, 15- and 20-ampere receptacles installed in such spaces
shall have ground-fault circuit-interrupter protection for personnel.
(m)
All 125-volt, single-phase, 15- and 20-ampere receptacles installed
in unfinished basements shall have ground-fault circuit-interrupter
protection for personnel. For purposes of this section, "unfinished
basements" are defined as portions or areas of the basement not intended
as habitable rooms and limited to storage areas, work areas, and the
like.
(n)
All 125-volt, single-phase, 15- and 20-ampere receptacles that
serve countertop surfaces shall have ground-fault circuit-interrupter
protection for personnel.
(o)
All 125-volt, single-phase, 15- and 20-ampere receptacles that
serve a countertop surface and are located within six feet (1,829
mm) of the outside edge of a wet-bar sink shall have ground-fault
circuit-interrupter protection for personnel. Receptacle outlets shall
not be installed in a face-up position in the work surfaces or countertops.
(p)
The outlet(s) that supplies a self-contained spa or hot tub,
or a packaged spa or hot tub equipment assembly, or a field-assembled
spa or hot tub with a heater load of 50 amperes or less, shall be
protected by a ground-fault circuit-interrupter.
(q)
All pools shall have ground-fault protection.
(r)
Notwithstanding the above, when the existing wiring is incompatible
with installation of ground-fault circuit-interruption outlets, the
existing wiring shall be certified with a notation on the certificate
that substandard wiring is present.
(3)
Fire protection and safety:
(b)
Fire separation between building and garage (i.e., one-half-inch
drywall).
(c)
Egress from all bedrooms (window size requirements should not
apply here; check window operation).
(d)
Thumb latch dead bolts for doors (keyed type not permitted).
(e)
Continuous railing system at all staircases in house.
(4)
Plumbing and heating:
(a)
Drip let on water heater relief valve (maximum of six inches
from floor with one-inch air gap off floor, rigid pipe only).
(b)
Fix leaks in plumbing at faucets and taps.
(c)
Properly functioning toilets.
(d)
Heat to all habitable rooms.
(e)
Proper ventilation for bathrooms (window or fan).
(g)
Gutters, downspouts, sump pumps, floor drains, or any other
sources of stormwater inflow and infiltration may not be connected
to the public sewer system.
E.
The registration and licensing provisions of this Part 4 shall not
apply to rental units which offer or provide medical or nursing services,
including, without limitation, hospitals, nursing homes, assisted
living homes and group homes, or other rental units used for human
habitation which offer or provide medical or nursing services, and
wherein all operations of such facilities are subject to county, state
or federal licensing or regulations concerning the health and safety
of the users, patients or tenants. The registration and licensing
provisions of this Part 4 also shall not apply to a fraternity or
hotel or motel units.
F.
Failure and/or refusal by the residential rental unit owner or designated
agent to provide access for inspection upon reasonable notice shall
be deemed a violation of this Part 4.
G.
No fee shall be charged for the initial inspection and for the first
re-inspection, if any. If a residential rental unit must be re-inspected
a second time, a fee of $75 per unit shall be charged for the second
and each subsequent re-inspection. The Borough Council may, from time
to time, by duly adopted resolution, modify the amount of the re-inspection
fee.
[Amended by Ord. No. 2018-543, 2/14/2018; and by Ord. No. 2018-546, 7/11/2018]
[Ord. 2011-482, 2/9/2011; amended by Ord.
2015-520, 11/11/2015]
A.
(Reserved)
[Ord. 2011-482, 2/9/2011]
A.
By conducting the inspections pursuant to this Part 4, the Borough
does not warrant or guarantee the complete safety or suitability of
residential rental units.
B.
For all inspections conducted pursuant to this Part 4, the Code Enforcement
Officer shall not be responsible for violations that occur between
the inspection and rental period.
[Ord. 2011-482, 2/9/2011]
A.
It shall be a violation of this Part 4 for any person or entity to
own or operate a residential rental unit in the Borough of Red Hill
without completing an annual license registration and obtaining a
satisfactory triennial inspection of the unit as provided in this
Part 4. All violations shall be issued by the Code Enforcement Officer
on a per-unit basis, and each unit in violation of this Part 4 shall
constitute a separate violation.
B.
Any person or entity who violates this Part 4 shall, upon conviction, be sentenced to pay a fine of $250 plus costs of prosecution and reimbursement of any attorney fees expended by the Borough. However, upon receipt of a citation a person or entity who violates this section may, within five business days of the time when such citation was received, apply in full for a rental unit license and/or make arrangements for a triennial inspection and pay a $50 fine via cash, check or money order to the Borough of Red Hill, at the Red Hill Borough Hall during normal Borough business hours, or online at the Borough website, www.redhillborough.org, as a penalty for and as full satisfaction of such violation, in which event no prosecution in the manner set forth in this Section shall be brought unless further violations ensue. In the event more than five business days have elapsed without full satisfaction of such violation paid to the Borough of Red Hill, the person or entity in violation shall have up to 14 business days after the date of the citation to apply in full for a rental unit license and/or make arrangements for a triennial inspection and pay a fine in the amount of $75 via cash, check or money order to the Borough of Red Hill, at the Red Hill Borough Hall during normal Borough business hours, or online at the Borough Website, www.redhillborough.org, as a penalty for and as full satisfaction of a such violation, in which event no prosecution in the manner set forth in this Section shall be brought unless further violations ensue. Thereafter, the citation shall be turned over to the court for prosecution of the violation. Owner/operator shall be responsible for court costs and reimbursement of any attorney's fees expended by Borough plus the applicable fine if found guilty upon conviction.
[Amended by Ord. No. 2018-546, 7/11/2018]
C.
Each day that a violation continues after due notice has been served
shall be deemed a separate offense.
[Ord. 2011-482, 2/9/2011]
A.
The penalties and remedies set forth in this Part 4 shall not be
exclusive, and the Borough of Red Hill shall have the right to avail
itself of any other remedy at law or in equity which it may deem to
be appropriate.
