[Ord. 523, 5/14/2007, § 1]
The purpose of this Part and the policy of the Borough of East
Lansdowne shall be to protect and promote the public health, safety
and welfare of its citizens, to establish rights and obligations of
owners and occupants relating to residential and commercial rental
units in the Borough and to encourage owners and occupants to maintain
and improve the quality of rental units within the community. As a
means to these ends, this Part provides for a regular inspection program,
registration and licensing of residential and commercial rental units
and penalties for noncompliance.
[Ord. 523, 5/14/2007, § 2]
The following word and phrases, as used in this Part, shall
have the meanings ascribed to them in this section, unless the context
indicates a different meaning. Where terms are not defined in this
section, such terms shall have ordinarily accepted meanings as interpreted
by the Codified Ordinances of the Borough of East Lansdowne.
A person who shall have charge, care or control of any structure
as owner, or agent of the owner, or as executor, executrix, administrator,
administratrix, trustee or guardian of the estate of the owner. Any
such person representing the actual owner shall be bound to comply
with the provisions of this Part to the same extent as if that person
was the owner.
The owner, buyer, or agent thereof, such as but not limited
to a realtor, broker, etc., who shall have control, authority and
responsibility for the orderly processing of any property regulated
by this Part.
The Borough of East Lansdowne.
Any structure occupied or intended for supporting or sheltering
any occupancy. For application of this Part, each portion of a building,
which is completely separated from other portions by firewalls complying
with the Building Code shall be considered as a separate building.
The official Code book of the Borough of East Lansdowne and
shall contain the local legally binding codes, standards and ordinances
governing the Borough.
Space which is not a part of the rental unit and which is
shared with other occupants of a rental unit, whether they reside
in the rental unit or not. Common areas shall be considered part of
the premises for the purpose of this Part.
Any building that contains one or two dwelling units used,
intended, or designed to be built, used, rented, leased, let or hired
out to be occupied or that are occupied for living purposes.
A single unit providing complete, independent living facilities,
for one or more persons, including permanent provisions for living,
sleeping, eating, cooking and sanitation.
Assisting Housing Officer in the rental property inspections.
A building or portion thereof containing more than two dwelling
units and not meeting the requirements of multiple single-family dwellings.
A building or portion thereof containing more than two dwelling
units.
The purpose for which a building or portion thereof is used.
Any person, agent, operator, firm or corporation having a
legal or equitable interest in the property, including the guardian
of the estate of any person or the executor or administrator of the
estate of such person if ordered to take possession of real property
by the court.
Areas or portions of a rental property that are used or occupied
primarily by the property owner.
A lot, plot or parcel of land, including any structures thereon.
Shall also be referred to as a "property."
The person listed as the owner of such real estate property
as named on any title, deed, Delaware County tax records or East Lansdowne
Borough tax records.
A legal agreement between the owner and tenant, embodying
the terms and conditions concerning the use and occupancy of the rental
unit.
A document issued by the Borough to the owner of a rental
unit evidencing the existence of said rental unit. This registration
shall be required until the Housing Rental Officer inspects and issues
a rental license for each rental unit.
A premises, property or portion thereof that is under a rental
agreement and/or contains one or more rental units.
A document issued by the Borough to the owner of a rental
unit evidencing the existence of said rental unit. This registration
shall be required until the Housing Rental Officer inspects the unit
and issues a rental license for each rental unit.
Any dwelling, structure, building, ground or portion thereof
that is occupied or used under an individual rental agreement with
a tenant.
A premises containing a combination of residential and commercial
occupancies, approved for operation in accordance with the Codified
Ordinances of East Lansdowne Borough.
A building on a lot designed and occupied exclusively as
a residence for one family.
Any individual or individuals that are named on a legal agreement,
such as a rental agreement, with the property owner, in which permission
to use a dwelling, structure, building, ground or portion thereof
is granted by the owner to the tenant. "Tenant" shall further imply
to include other individuals that, due to a relationship with the
tenant, shall share such use of the rental unit as allowed for by
the rental agreement and are not covered under a separate rental agreement.
A building on a lot designed and occupied exclusively as
a residence for two families living independently of one another.
[Ord. 523, 5/14/2007, § 3]
1.
The owner of each rental property shall register the rental property
with the Borough and shall pay the required fees. Fees shall not be
prorated for any reason. Registration forms shall be available in
the Borough Office.
2.
Information required to be submitted shall include but not be limited
to the following:
A.
The names, addresses and phone numbers of all owners of the premises.
B.
The name, local address and telephone numbers of the local agent,
if different from the owner.
C.
The address of the premises.
D.
The type of premises.
E.
The number of rental units in each building on the premises.
F.
Written certification from a Pennsylvania-licensed architect or Pennsylvania-licensed
engineer that states that each unit complies with all of the provisions
of applicable laws, regulations and codes. If a unit does not comply
with all applicable laws, regulations and codes, the certification
from a Pennsylvania-registered and -licensed architect or engineer
shall specify the manner and laws, regulations and codes with which
each unit fails to comply. In lieu of a certification by a Pennsylvania-registered
and -licensed architect or engineer, an inspection may be conducted,
at the request of the owner, by the Borough Housing Officer to ascertain
compliance with this chapter and all applicable laws, regulations
and codes, in accordance with the applicable fee schedule.
[Added by Ord. No. 597,
4/9/2018]
G.
Registration shall be deemed complete when the owner has submitted
the information required and received a registration certificate.
[Added by Ord. No. 597,
4/9/2018]
[Ord. 523, 5/14/2007, § 4; amended by Ord. No. 597, 4/9/2018]
Upon completed registration of the rental unit, if the owner
has not provided the required certification under § 11-203F,
the owner or agent shall immediately arrange with the Borough for
a rental license inspection. The Housing Officer shall fully inspect
each registered rental unit. It shall be unlawful for the owner of
any premises or any agent acting for such an owner to operate, rent
or lease any premises or any part thereof, whether granted or rented
for profit or nonprofit, or to represent to the general public that
a premises or any part thereof is for rent, lease or occupancy without
first acquiring one of the below-approved licenses issued by the Borough
in the name of the owner, local agent or operator and for the specific
rental unit. Fees for rental licenses shall be set by periodic resolution
of Borough Council.
B.
A license must be secured for each rental unit.
C.
Residential and commercial mixed occupancies. A separate rental license
and appropriate fees must be secured for each rental occupancy type
contained in a mixed-occupancy building.
D.
Owner-occupied portions of rental properties. Written certification
from a Pennsylvania-licensed architect or -licensed engineer that
states that the owner-occupied portion of a rental property complies
with all of the provisions of applicable laws, regulations and codes
shall be provided to the Borough. In lieu of a certification by a
Pennsylvania-registered and -licensed architect or engineer, an inspection
may be conducted, at the request of the owner, by the Borough Housing
Officer to ascertain compliance with this chapter and all applicable
laws, regulations and codes, in accordance with the applicable fee
schedule of the owner-occupied portion of any rental property.
E.
Any applicant that is unable to correct violations within the time
frame determined by the Borough may be issued a provisional rental
license at the discretion of the Borough. Otherwise, a rental registration
shall only be valid for 90 days, at which time it shall become null
and void and must be renewed.
F.
No rental license shall be issued if the applicant owes back Borough
taxes, trash fees, or sewers fees. The applicant shall provide proof
to the Borough that taxes and fees are current.
[Ord. 523, 5/14/2007, § 5]
1.
Notice of Violation.
A.
If the certification from a licensed architect or licensed engineer
states that a unit does not comply with all of the provisions of applicable
laws, regulations and codes or an inspection by the Housing Officer
finds that all applicable laws, regulations and codes have not been
complied with, a notice of violation shall be issued. A rental license
shall not be issued until the unit complies with all applicable laws,
regulations and codes. In the event of any such noncompliance, the
Housing Officer shall provide a reasonable time period within which
such items of noncompliance are rectified. Any rental unit regulated
by this section found to have violations of any codified ordinance
of East Lansdowne Borough shall be brought into compliance.
[Amended by Ord. No. 597, 4/9/2018]
B.
Any property owner or agent who fails to comply shall be subject
to applicable penalties and citations as adopted in the Codified Ordinances
of East Lansdowne Borough. Violations found on rental units shall
be corrected within a time frame to be determined at the discretion
of the Borough.
2.
Permit Requirements. The owner, applicant, contractor or agent thereof
will be liable for the failure to secure any permits in accordance
with the Codified Ordinances of East Lansdowne Borough.
3.
Licensed Contractors. In addition to the person performing the repairs
or work, the owner, applicant or agent thereof is reminded that certain
repairs or work performed must be done by a licensed contractor in
accordance with the Codified Ordinances of East Lansdowne Borough.
[Ord. 523, 5/14/2007, § 6]
1.
Annual Renewal.
A.
All rental housing licenses shall be registered and renew their license
by the first day of June of each year.
B.
All commercial rental licenses shall be registered and renew their
license by the first day of June of each year.
C.
All residential rental licenses shall be registered and renew their
license by the first day of June of each year.
2.
Transfer of Property Ownership. If, at any time during the calendar
license year, the ownership of any premises operating within a rental
license is transferred, the property shall comply with the Codified
Ordinances of East Lansdowne Borough for the transfer of property
ownership.
3.
Change in Owner-Occupied Portions Notification.
A.
It shall also be the duty of the owner to notify the Borough, in
writing, of any changing of a portion of the premises or unit from
owner-occupied to non-owner-occupied, which thereby transforms the
portion of the premises or unit into a rental unit.
B.
The owner shall obtain the necessary applications, pay all appropriate
fees and comply with the provisions of this Part, not less than 30
days before the prospected date of rental occupancy.
C.
The license shall be valid for the remainder of the license calendar
year. The applicant will be charged the full fee.
[Ord. 523, 5/14/2007, § 7]
1.
Applicant's Responsibility for Inspections Request. It is the responsibility
of the applicant to contact the Borough. The Borough will schedule
all inspections.
2.
Inspection Representative. The Housing Rental Officer shall not enter
on or upon any property or continue the inspection without being accompanied
by the applicant, or representative thereof, for the full duration
of the inspection.
3.
Required Areas. The required areas of inspection shall be as follows:
4.
Scope.
A.
The inspections performed by the Borough are visual in nature. No
diagnostic testing or technical evaluations are performed; operational
testing of building, utilities, devices and equipment is minimal.
B.
The Borough of East Lansdowne or any employees assume no liability
for the quality of any property inspected.
5.
The issuance of any rental license shall not be construed to represent
any warranties or guarantees by or on behalf of the Borough of East
Lansdowne, nor shall the issuance of any certificates or approvals
be construed to imply that the property is:
A.
Completely safe or free of any dangers or hazards to the occupants
or general public.
B.
Completely free and clear of any violations of the Codified Ordinances
of East Lansdowne Borough.
C.
Completely free and clear of any defects related to any structural,
fire protection, fire prevention, building utilities or any other
features of the property.
6.
Neither
the Borough of East Lansdowne nor any employee thereof assumes liability
for the accuracy or quality of any property inspected pursuant to
this chapter at the request of the owner. The issuance of a rental
license shall not be construed to represent a warranty or guarantee
by or on behalf of the Borough of East Lansdowne nor shall the issuance
of any certificate, license or approval be construed to imply or warrant
that a unit or property is safe or free of any dangers or hazards
to the occupants or general public; free and clear of any violations
of this chapter or any other laws, regulations or codes; free and
clear of any defects.
[Added by Ord. No. 597,
4/9/2018]
[Ord. 523, 5/14/2007, § 8]
It shall be the duty of every owner, local agent or operator
to keep and maintain all rental units in compliance with all applicable
codes and ordinances of the Borough. The owner shall not knowingly
permit others on the premises to use the rental unit in violation
of the codes and ordinances of the Borough.
[Ord. 523, 5/14/2007, § 9]
In interpreting and applying the provisions of this Part, they
shall be held to be the minimum requirements for the promotion of
the public health, safety, morals and general welfare. Where the provisions
of this Part impose greater restrictions than those of any other ordinance
or regulations, the provision of this Part shall control. Where the
provisions of any statute, other ordinance or regulation impose greater
restrictions than this Part, the provisions of such statute, other
ordinance or regulation shall control.
[Ord. 523, 5/14/2007, § 10; amended by Ord. No. 597, 4/9/2018]
1.
This chapter is not intended to, nor shall its effect be to, limit
any other enforcement remedies which may be available to the Borough
relating to the abatement of nuisances or correction of violations,
whether at law or in equity.
2.
The owner, occupant, tenant or person in charge of any property or
rental unit possesses the right to deny entry to any unit or property
by a Housing Officer for purposes or compliance with this chapter.
However, nothing in this chapter shall prohibit a Housing Officer
from:
A.
Asking permission from an owner, occupant, tenant or person in charge
of property for permission to inspect such property or rental unit
for compliance with this chapter and all other applicable laws, regulations
and codes;
B.
Seeking a search warrant based on probable cause; or
C.
Entering such property or rental unit in the case or emergency circumstances
requiring expeditious action.
[Ord. 523, 5/14/2007, § 11; amended by Ord. No. 597, 4/9/2018]
The owner, applicant or agent thereof may appeal a decision
of the Housing Rental Officer to the Borough Council in accordance
with the Pennsylvania Local Agency Law.[1]
[1]
Editor's Note: See 2 Pa.C.S.A. § 551 et seq.
[Ord. 523, 5/14/2007, § 12]
The registration and permitting of all rental units and the
designation of a responsible local agent shall occur immediately upon
enactment of this Part and shall be valid for the remainder of the
license calendar year.
[Ord. 523, 5/14/2007, § 13]
Whoever violates or fails to comply with any of the provisions
of this Part or any provision of any rule or regulation adopted by
the Borough Council or fails to correct, within the time set by the
Housing Rental Officer, the defects for which a dwelling has been
cited shall be fined not less than $100 nor more than $1,000. A separate
offense shall be deemed committed each day during or on which a violation
or noncompliance occurs or continues.
