[HISTORY: Adopted by the Borough Council of the Borough of
Wilmerding as indicated in article histories. Amendments noted where
applicable.]
GENERAL REFERENCES
Dangerous buildings — See Ch. 122.
Code enforcement — See Ch. 138.
Uniform construction codes — See Ch. 145.
Fire prevention — See Ch. 169.
Flood damage prevention — See Ch. 175.
Nuisances — See Ch. 210.
Snow and ice removal; sidewalk construction — See
Ch. 265, Arts. II and III.
Zoning — See Ch. 300.
[Adopted 9-13-1994 by Ord. No. 934 (Ch. 11, Part 1, of the
1989 Code)]
This article is enacted to provide for the uniform and equitable
distribution of the tax levies in the Borough of Wilmerding and upon
the inhabitants thereof and to promote the welfare of the inhabitants
of the Borough of Wilmerding.
As used in this article, the following terms shall have the
meanings indicated, unless a different meaning clearly appears from
the context:
A parcel of real estate, with or without improvements located
thereon, utilized by any person or persons for any activity carried
on or exercised for gain or profit in the Borough of Wilmerding, including,
but not limited to, the sale of merchandise or other tangible personalty
or the performance of services and the rental of personalty and/or
realty.
One or more rooms used for living and sleeping purposes arranged
for occupancy by one family or by one or more persons.
A lessor or person who acts as agent for the lessor of any
parcel of real estate located in the Borough of Wilmerding, or a lessor
or person who acts as agent for the lessor of any improvements on
real estate or any building located in the Borough of Wilmerding.
Any individual, partnership, association, firm or corporation.
A person who has the use, either by himself or with others,
of a dwelling unit or a business unit owned by a person other than
himself for a period exceeding 30 days.
Within 30 days from the effective date of this article, each
landlord shall submit to the Borough Secretary, a report form supplied
by the Borough Secretary which includes the following information:
A.
A list of the dwelling units and business units owned by the landlord
and located within the Borough of Wilmerding limits, whether occupied
or not occupied.
B.
Address of each dwelling unit and business unit.
C.
Lot and block number of each dwelling unit and business unit.
D.
Whether or not said dwelling unit or business unit is inhabited or
utilized by tenants.
E.
Names of all tenants utilizing each aforementioned dwelling unit
or business unit, if any.
F.
Social security number of each tenant, if known.
After the effective date of this article, any person who becomes
a landlord shall, within 30 days thereafter, report to the Borough
Secretary the information and data set forth in § 238-3
above and on forms to be provided by the Borough Secretary.
After the effective date of this article, each and every landlord
of property within the Borough of Wilmerding shall report to the Borough
Secretary, on a report form to be supplied by the Borough Secretary,
any change in the use or occupancy of any dwelling unit or business
unit owned by such landlord. The reported change shall include the
name or names of all new tenants of such dwelling unit or business
unit, the date the surcharge was effected and the forwarding address
of the previous tenant or tenants, if known. The report shall also
contain the name and address of the tenant's employer, if known,
and the tenant's social security number, if known. In the event
that a dwelling unit or business unit was used or utilized by a tenant
and then becomes vacant, this change shall also be reported to the
Borough Secretary. All reports required by this section shall be made
within 30 days after a landlord has knowledge that such a unit has
had a change in use or occupancy or has become vacant.
The Borough Secretary, under the authority of this article,
will:
A.
Maintain, on file at the Borough of Wilmerding, the names of the
landlords owning dwelling units and business units in the Borough
of Wilmerding, said list to include the names of the current tenants
of said dwelling units and business units.
C.
Notify the Building Code Official, the Fire Chief and the Chief of
Police of the Borough of Wilmerding of the address and description
of any dwelling unit or business unit that is vacant, unoccupied and
not in use.
D.
Forward a list of landlords and current tenants of dwelling units
and business units to the appropriate Borough taxing jurisdiction.
Any person who shall violate any provision of this article,
including failure to file required reports, filing inaccurate, untimely
or incomplete reports, or for any other violation, shall, upon conviction
thereof, be sentenced to pay a fine of not more than $300.
[Adopted 2-5-2002 by Ord. No. 979 (Ch. 5, Part 7, of the
1989 Code)]
A.
It is the purpose of this article and the policy of the Council of
the Borough of Wilmerding, in order to protect and promote the public
health, safety and welfare of its citizens, to establish rights and
obligations of owners and occupants relating to the rental of certain
dwelling units in the Borough of Wilmerding and to encourage owners
and occupants to maintain and improve the quality of rental housing
within the community. It is also the policy of the Borough that owners,
managers and occupants share responsibilities to obey the various
codes adopted to protect and promote public health, safety and welfare.
As means to those ends, this article provides for a system of inspections;
issuance and renewal of occupancy license; and sets penalties for
violations. This article shall be liberally construed and applied
to promote its purposes and policies.
B.
In considering the adoption of this article, the Borough of Wilmerding
makes the following findings:
(1)
There is a greater incidence of violations of various codes of the
Borough at residential properties where owners of rental property
do not reside in the Borough than at owner-occupied residential properties
or family-occupied residential rental properties.
(2)
There is a greater incidence of problems with the maintenance and
upkeep of residential properties where owners do not reside in the
Borough than at owner-occupied residential properties or family-occupied
residential rental properties.
(3)
There is a greater incidence of disturbances which adversely affect
the peace and quiet of the neighborhood at residential properties
where owners do not reside in the Borough than at owner-occupied residential
properties or family-occupied residential rental properties.
As used in this article, the following terms shall have the
meanings indicated:
The Borough of Wilmerding, Allegheny County, Pennsylvania.
Any code or ordinance adopted, enacted and/or in effect in
and for the Borough of Wilmerding concerning fitness for habitation
or the construction, maintenance, operation, occupancy, use or appearance
of any premises or dwelling unit. Included within but not limited
by this definition are the following, which are in effect as of the
date of enactment of this article: the international codes enumerated
in Chapter 145, Article II, Adoption of Standards; National Electrical
Code; Chapter 175, Flood Damage Prevention; the Weed and Vegetation
Control Ordinance; Chapter 265, Streets and Sidewalks, Article II,
Snow and Ice Removal, and Article III, Sidewalks Construction; Chapter
255, Solid Waste, Article III, Storage, Collection and Disposal; Chapter
300, Zoning, and any duly enacted amendment or supplement to any of
the above, and any new enactment falling within this definition.[1]
The duly appoint Code Enforcement Officer(s) having charge
of the Office of Code Enforcement of the Borough of Wilmerding, and
any assistants or deputies thereof. In appropriate circumstances,
this is intended to include police.
In multiple-unit dwellings, space which is not part of a
regulated rental unit and which is shared with other occupants of
the dwelling, whether they reside in regulated dwelling units or not.
Common areas shall be considered as part of the premises for purposes
of this article.
Any form of conduct, action, incident or behavior perpetrated,
caused or permitted by any occupant or visitor of a regulated dwelling
unit that is so loud, untimely (as to hour of the day), offensive,
riotous or that otherwise disturbs other persons of reasonable sensibility
in their peaceful enjoyment of their premises such that a report is
made to police and/or to the Code Enforcement Officer complaining
of such conduct, action, incident or behavior. It is not necessary
that such conduct, action, incident or behavior constitute a criminal
offense or that criminal charges be filed against any person in order
for a person to have perpetrated, caused or permitted the commission
of disruptive conduct, as defined herein; provided, however, that
no disruptive conduct shall be deemed to have occurred unless the
Code Enforcement Officer or police shall investigate and made a determination
that such did occur and keep written records, including a Disruptive
Conduct Report, of such occurrence.
A written report of disruptive conduct, on a form to be prescribed
therefor, to be completed by the Code Enforcement Officer or police,
as the case may be, who actually investigates an alleged incident
of disruptive conduct, and which shall be maintained by the Code Enforcement
Officer.
A building having one or more dwelling units.
A room or group of rooms within a dwelling and forming a
single unit and used for living and sleeping purposes, having its
own cooking facilities and a bathroom with a toilet and a bathtub
or shower.
A person on the premises with the actual or implied consent
of an occupant.
One or more persons, jointly or severally, in whom is vested
all or part of the legal title to the premises or all or part of the
beneficial ownership and a right to present use and enjoyment of the
premises, including a mortgage holder in possession of a regulated
rental unit. (Same as "owner.")
An adult individual designated by the owner of a regulated
rental unit under § 238-11. The manager shall be the agent
of the owner for service of process and receiving notices or demands
and to perform the obligation of the owner under this article and
under rental agreements with occupants.
A building containing two or more independent dwelling units,
including, but not limited to, double houses, row houses, townhouses,
condominiums, apartment houses and conversion apartments.
The license issued to the owner of regulated rental units
under this article which is required for the lawful rental and occupancy
of regulated rental units.
An individual who resides in a regulated rental unit, whether
or not he or she is the owner thereof, with whom a legal relationship
with the owner/landlord is established by a written lease or by the
laws of the Commonwealth of Pennsylvania.
One or more persons, jointly or severally, in whom is vested
all or part of the legal title to the premises, or all or part of
the beneficial ownership and a right to present use and enjoyment
of the premises, including a mortgage holder in possession of a regulated
rental unit.
A dwelling unit in which the owner resides on a regular permanent
basis.
A natural person, partnership, corporation, unincorporated
association, limited partnership, trust or any other entity.
Municipal police or any properly authorized member or officer
of a municipal police department thereof or any other law enforcement
agency having jurisdiction within the Borough of Wilmerding.
Any parcel of real property in the Borough, including the
land and all buildings and appurtenant structures or appurtenant elements,
upon which one or more regulated rental units is located.
A dwelling unit occupied by any person under a rental agreement.
A written agreement between owner/landlord and occupant/tenant
supplemented by the addendum required under § 238-14 of
this article, embodying the terms and conditions concerning the use
and occupancy of a specified regulated rental unit or premises.
An individual who resides in a regulated rental unit, whether
or not he or she is the owner thereof, with whom a legal relationship
with the owner/landlord is established by a written lease or by the
laws of the Commonwealth of Pennsylvania. (Same as "occupant.")
A.
It shall be the duty of every owner to keep and maintain all regulated
rental units in compliance with all applicable codes and provisions
of all other applicable state laws and regulations and local ordinances
and to keep such property in good and safe condition.
B.
As provided for in this article, every owner shall be responsible
for regulating the proper and lawful use and maintenance of every
dwelling which he, she or it owns. As provided for in this article,
every owner shall also be responsible for regulating the conduct and
activities of the occupants of every regulated rental unit which he,
she or it owns in the Borough, which conduct or activity takes place
at such regulated rental unit or its premises.
C.
In order to achieve those ends, every owner of a regular rental unit
shall regulate the conduct and activity of the occupants thereof,
both contractually and through enforcement, as more fully set forth
below.
D.
This section shall not be construed as diminishing or relieving,
in any way, the responsibility of occupants or their guests for their
conduct or activity; nor shall it be construed as an assignment, transfer
or projection over or onto any owner of any responsibility or liability
which occupants or their guests may have as a result of their conduct
or activity under any private cause of action, civil or criminal enforcement
proceeding, or criminal law; nor shall this section be construed so
as to require an owner to indemnify or defend occupants or their guests
when any such action or proceeding is brought against the occupant
based upon the occupant's conduct or activity. Nothing herein
is intended to impose any additional civil/criminal liability upon
owners other than that which is imposed by existing law.
E.
This article is not intended, nor shall its effect be, to limit any
other enforcement remedies which may be available to the Borough against
an owner, occupant or guest thereof.
Every owner who is not a full-time resident of the Borough of
Wilmerding, or a resident elsewhere within 15 miles from Wilmerding,
shall designate a manager who shall reside within 15 miles of the
Borough of Wilmerding. If the owner is a corporation, a manager shall
be required if any officer of the corporation does not reside within
the aforesaid distance. The officer shall perform the same function
as a manager. If the owner is a partnership, a manager shall be required
if a partner does not reside in the aforesaid distance. Said partner
shall perform the same function as a manager. The manager shall be
the agent of the owner for service of process and receiving notices
and demands, as well as for performing the obligations of the owner
under this article and under rental agreements with occupants. The
identity, address and telephone number(s) of a person who is designated
as manager hereunder shall be provided by owner or manager to the
Borough, and such information shall be kept current and updated as
it changes.
The owner or manager shall disclose to the occupant, in writing,
on or before the commencement of the tenancy: a) the name, address
and telephone number of the manager, if applicable; and b) the name,
address and telephone number of the owner of the premises.
A.
The owner shall maintain the premises in compliance with the applicable
codes of the Borough and shall regularly perform all routine maintenance,
including lawnmowing and ice and snow removal, and shall promptly
make any and all repairs necessary to fulfill this obligation.
B.
The owner and occupant may agree that the occupant is to perform
specified repairs, maintenance tasks, alterations or remodeling. In
such case, however, such agreement between the owner and occupant
must be in a writing. Such an agreement may be entered into between
the owner and occupant only if:
C.
In no case shall the existence of any agreement between owner and
occupant relieve any owner of any responsibility under this article
or other ordinances or codes for maintenance of premises.
A.
All rental agreements for regulated dwelling units shall be in writing
and shall be supplemented with the addendum attached hereto.[1] No oral leases and no oral modifications thereof are permitted.
All disclosures and information required to be given to occupants
by the owner shall be furnished before the signing of the rental agreement.
The owner shall provide occupant with copies of the rental agreement
and addendum upon execution. The owner shall further secure a written
acknowledgment from the occupants that they have received the disclosures
and information required by this article.
[1]
Editor's Note: The Addendum to Residential Rental Agreement
is attached to this chapter.
B.
Terms and conditions. The owner and occupant may include in a rental
agreement terms and conditions not prohibited by this article or other
applicable ordinances, regulations and laws, including rent, term
of the agreement, and other provisions governing the rights and obligations
of the parties.
C.
Prohibited provisions. Except as otherwise provided by this article,
no rental agreement may provide that the occupant or owner agrees
to waive or to forego rights or remedies under this article. A provision
prohibited by this subsection included in a rental agreement shall
be unenforceable.
D.
Attachment of ordinance to rental agreement. Following the effective
date of this article, a summary hereof in a form provided to the owner
by the Borough at the time of licensing shall be attached to each
rental agreement delivered by or on behalf of an owner when any such
agreement is presented for signing to any occupant. If a summary has
been provided when the rental agreement was first executed, a summary
does not have to be provided upon renewal. Where a rental agreement
has been entered into prior to the effective date of this article,
the owner shall provide the occupants with a copy of the summary within
60 days after enactment of this article.
E.
Upon oral or written request by the police or Code Enforcement Officer,
the owner shall, within 10 days of such request, furnish to the Borough
copies of acknowledgment that the occupants have received the disclosures
and information required to be given and acknowledged, as required
by this article.
F.
Upon oral or written request by the police or Code Enforcement Officer,
the owner shall, within 10 days of such request, furnish to the Borough
for inspection purposes copies of the leases the owner has entered
into for regulated rental units.
The owner shall reply promptly to reasonable complaints and
inquiries from occupants.
The owner shall comply with all provisions of the Landlord-Tenant
Act of the Commonwealth of Pennsylvania.[1]
[1]
Editor's Note: See 68 P.S. § 250.101 et seq.
Where an owner does not regulate the use of common areas and
the behavior of occupants and guests in the common areas, the owner
shall be directly responsible for the behavior of occupants and guests
in the common areas as if the owner were an occupant.
A.
Within 10 days after receipt of written notice from the Code Enforcement
Officer that an occupant of a regulated rental unit has violated a
provision of this article, the owner shall take immediate steps to
remedy the violation and take steps to assure that there is not a
reoccurrence of the violation.
B.
Within 20 days after receipt of a notice of violation, the owner
shall file with the Code Enforcement Officer a report, on a form provided
by the Borough, setting forth what action the owner has taken to remedy
the violation and what steps he or she has taken to prevent a reoccurrence
of the violation. The report shall also set forth a plan as to steps
the owner will take in the future if the violation recurs.
C.
The Code Enforcement Officer shall review the report and, if adequate
steps have been taken and the plan is adequate to address future violations,
shall approve the plan. The owner shall, on his or her initiative,
enforce the plan, and failure to do so shall be a violation of this
article.
D.
In the event that a second violation occurs within a license year
involving the same occupant or occupants, the Code Enforcement Officer
may direct the owner to evict the occupants who violated this article
and to not permit the occupant to occupy the premises during the subsequent
licensing period.
E.
If an occupant has been evicted from a regulated unit pursuant to
this article, he or she shall not be eligible to rent any other regulated
unit within the Borough of Wilmerding.
Upon receiving notice of any code violation from the Code Enforcement
Officer, the owner shall promptly take action, or cause the necessary
action to be taken, to abate the offending condition and eliminate
the violation.
A.
In case the owner of premises shall neglect, fail or refuse to comply
with any notice from the Borough or its Code Enforcement Officer to
correct a violation relating to maintenance and repair of the premises
under any code within the period of time stated in such notice, the
Borough may cause the violation to be corrected. There shall be imposed
upon the owner a charge of the actual costs involved plus 10% of said
costs for each time the Borough shall cause a violation to be corrected,
and the owner of the premises shall be billed after same has been
completed. Any such bill which remains unpaid and outstanding after
the time specified therein for payment shall be grounds for the imposition
of a municipal lien upon the premises as provided by law. Such a lien
may be reduced to judgment and enforced and collected as provided
by law, together with interest at the legal rate and court costs.
The remedies provided by this subsection are not exclusive, and the
Borough and its Code Enforcement Officer may invoke such other remedies
available under this article or other applicable codes, ordinances
or statutes, including, where appropriate, condemnation proceedings
or declaration of premises as unfit for habitation or suspension,
revocation or nonrenewal of the license issued hereunder.
B.
The owner shall permit inspections of any premises by the Code Enforcement
Officer at reasonable times upon reasonable notice.
The occupant shall comply with all obligations imposed upon
occupants by this article, all applicable codes and ordinances of
the Borough and all applicable provisions of state law.
A.
The maximum number of persons permitted in any regulated rental unit
at any time shall not exceed one person for each 50 square feet of
habitable floor space in said regulated rental unit. The maximum number
of persons permitted in the common areas of any multiple-unit dwelling
at any time shall not exceed one person for each 15 square feet of
common area on the premises.
The occupant shall conduct himself or herself and require other
persons, including, but not limited to, guests on the premises and
within his or her regulated rental unit with his or her consent, to
conduct themselves in a manner that will not disturb the peaceful
enjoyment of the premises by others and that will not disturb the
peaceful enjoyment of adjacent or nearby dwellings by the persons
occupying same.
The occupant shall, unless otherwise permitted by applicable
law or ordinance, occupy or use his or her regulated rental unit for
no other purpose than as a residence.
The occupant shall not engage in, nor tolerate nor permit others
on the premises to engage in, any conduct declared illegal under the
Pennsylvania Crimes Code (18 Pa.C.S.A. § 101 et seq.) or
Liquor Code (47 P.S. § 1-101 et seq.) or the Controlled
Substance, Drug, Device and Cosmetic Act (35 P.S. § 780-101
et seq.).
A.
The occupant shall not engage in, nor tolerate, nor permit others
on the premises to engage in, disruptive conduct or other violations
of the article.
B.
When a police officer or the Code Enforcement Officer investigates
an alleged incident of disruptive conduct, he or she shall complete
a Disruptive Conduct Report upon a finding that the reported incident
did, in his or her judgment, constitute disruptive conduct as defined
herein. The information filled in on said report shall include, if
possible, the identify or identities of the alleged perpetrator(s)
of the disruptive conduct and all other obtainable information, including
the factual basis for the disruptive conduct, requested on the prescribed
form. Where the police make such investigation, said police officer
shall then submit the completed Disruptive Conduct Report to the Code
Enforcement Officer within seven working days. In all cases, the Code
Enforcement Officer shall mail a copy of the Disruptive Conduct Report
to the owner or manager within 10 working days of the occurrence of
the alleged disruptive conduct, whether the person making the investigation
on behalf of the Borough is the Code Enforcement Officer or police.
The occupant shall comply with all lawful provisions of the
rental agreement entered into between owner and occupant. Failure
to comply may result in the eviction of the occupant by the owner.
The occupant shall not intentionally cause, nor permit, nor
tolerate others to cause, damage to the premises. Conduct which results
in damages in excess of $500 shall be considered a violation of this
article.
The occupant shall permit inspections by the Code Enforcement
Officer of the premises at reasonable times, upon reasonable notice.
A.
As a prerequisite to entering into a rental agreement or permitting
the occupancy of any regulated rental unit (except as provided in
Subsection C below), the owner of every such regulated rental unit
shall be required to apply for and obtain a license for each regulated
rental unit.
B.
A license shall be required for all regulated rental units.
C.
The application for the license shall be in a form as determined
by the Borough.
D.
The owner shall maintain a current list of occupants in each regulated
dwelling unit which shall include their name, permanent address and
permanent telephone number. The owner shall furnish the list to the
Borough upon request and shall notify the Borough of any changes in
the number of occupants so that revisions can be made to the license.
E.
The owner shall furnish, with his or her application for license,
a copy of the written lease which the owner intends to have the occupants
of each licensed dwelling unit execute. If the owner uses more than
one form of lease, the owner shall furnish a copy of each form. The
license will not be issued if the lease form does not meet the requirements
of § 238-14 of this article.
F.
The owner shall furnish with his or her application, for inspection
purposes only, the leases that have been entered into that will cover
all or part of the license term. The license will not be issued if
such leases are not furnished for inspection. Leases shall be furnished
for all persons who have paid a deposit at the time the owner applies
for a license or who have committed to residing in the premises.
A.
Each license shall have an annual term running from January 1 through
December 31 each year.
B.
Upon application for a license and prior to the issuance or renewal
thereof, each applicant shall pay to the Borough an annual license
and inspection fee in an amount to be established from time to time
by resolution of the Borough Council. Such resolution may provide
for more than one fee scale for different categories of premises to
be more specifically set forth in the resolution.
C.
The license shall indicate thereon the maximum number of occupants
in each regulated rental unit.
D.
No license shall be issued if the owner has not paid any fines and
costs arising from enforcement of this article or any of the ordinances
of the Borough of Wilmerding relating to land use and/or code enforcement,
if any licensing fees under this article are due and owing to the
Borough, or if any taxes of any nature are due which are imposed on
the real estate involved.
A.
All premises shall be subject to periodic inspection by the Code
Enforcement Officer or another duly authorized agent of the Borough.
Such inspection may take place when an application is submitted for
a license or at any time during the year.
B.
The Code Enforcement Officer is hereby designated as the official
authorized to enforce this article and to take appropriate measures
to abate violations herein for and on behalf of the Borough of Wilmerding.
The police will also have authority to enforce this article and take
appropriate action to abate violations.
C.
This section shall not be construed so as to limit or restrict the
Code Enforcement Officer's authority to conduct inspections of
premises, whether or not subject to the permitting and inspection
requirements of this article or pursuant to any other ordinance or
code.
Upon a showing of probable cause that a violation of this article
or any other ordinance of the Borough of Wilmerding has occurred,
the Code Enforcement Officer or police may apply to the Magisterial
District Judge having jurisdiction in the Borough of Wilmerding for
a search warrant to enter and inspect the premises.
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 article that imposes a duty upon the owner and/or
for failing to regulate the breach of duties by occupants as provided
for herein.
A.
Formal warning. Formal written notification of at least one violation
of this article. Upon satisfactory compliance with this article 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.
B.
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.
C.
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.
D.
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.
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 article and other
ordinances of the Borough or has received notices of violations as
provided for in this article.
D.
Whether the owner has been subject to disciplinary proceedings under
this article.
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 article.
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 article.
Any of the following may subject an owner to discipline as provided
for in §§ 238-34 through 238-38:
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 § 238-32 of this article.
C.
Failure to take steps to remedy and prevent violations of this article
by occupants of regulated rental units as required by § 238-18
of this article.
D.
Failure to file and implement an approved plan to remedy and prevent
violations of this article by occupants of a regulated rental unit
as required by § 238-18 of this article.
E.
Failure to evict occupants after having been directed to do so by
the Code Enforcement Officer of the Borough as provided for in § 238-18
of this article.
F.
Three violations of this article or other ordinances of the Borough
that apply to the premises within a license term. For purposes of
this article, 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.
A.
Notification. Following a determination that grounds for nonrenewal,
suspension or revocation of a license exist, the Code Enforcement
Officer shall notify the owner of the action to be taken and the reason
therefor. Such notification shall be in writing, addressed to the
owner in question, and shall contain the following information:
(1)
The address of the premises in question and identification of the
particular regulated rental unit(s) affected.
(2)
A description of the violation which has been found to exist.
(3)
A notice that the regulated rental unit(s) is in violation of this
article with a specification of the grounds of the violation. Such
violations must be cured within 30 days from the date of the notice.
(5)
A statement informing the owner that he, she or it has a right to
appeal the decision that the owner is in violation of this article
by submitting in writing to the Borough Secretary/Manager, within
30 days from the date printed on the notice, a detailed statement
of the appeal, including the grounds therefor and the reason(s) alleged
as to why the determination of the Code Enforcement Officer is incorrect
or should be overturned, and a statement of the relief requested by
the appellant. Such notice of appeal may be required to be submitted
on a form to be prescribed therefor by Borough Council, to be signed
by the appellant. There is hereby imposed a fee for filing of such
appeals, the amount of which shall be determined and established from
time to time by resolution of Borough Council.
(6)
Upon receipt of such an appeal in proper form, accompanied with the
requisite filing fee, the Borough Secretary/Manager shall schedule
a hearing to be held at the time and date of the next regularly scheduled
Borough Council meeting, not less than 10 days from the date on which
the appeal is filed.
(7)
The appellant and the Code Enforcement Officer shall receive written
notice of the hearing on the appeal.
(8)
Borough Council shall hold a hearing on the appeal which shall be
conducted in accordance with the Local Agency Law, 2 Pa.C.S.A. §§
105, 551 et seq. and 751 et seq. The appellant and all other parties
having an interest may be heard. Based on the facts and arguments
of the appellant and of the Code Enforcement Officer and any police
or other public officials involved, and any relevant factual presentations
of other parties, the Borough Council shall make a decision either
affirming, reversing or modifying the action of the Code Enforcement
Officer from which the appeal was taken. Such decision shall be rendered
at a public meeting either immediately following the hearing or within
30 days thereafter. The decision shall be reduced to writing, stating
clearly the factual and legal basis for the decision, within 45 days
after the hearing. If Borough Council deems it necessary or desirable,
it may continue the hearing to a subsequent time and date not later
than 30 days from the initial hearing, which time and date shall be
openly announced at the initial hearing, and in such case, the time
limits for rendering the decision and reducing it to writing set forth
herein shall be calculated from the last hearing date (at which the
substance of the decision is orally announced).
B.
Delivery of notification.
(1)
All notices shall be sent to the owner or manager, if applicable,
by certified mail. In the event that the notice is returned by the
postal authorities marked "unclaimed" or "refused," then the Code
Enforcement Officer shall attempt delivery by personal service on
the owner or manager, if applicable. The Code Enforcement Officer
shall also post the notice at a conspicuous place on the premises.
(2)
If personal service cannot be accomplished after a reasonable attempt
to do so, then the notice may be sent to the owner or manager at the
address stated on the most current license application for the premises
in question by regular first-class mail, postage prepaid. If such
notice is not returned by the postal authorities within five days
of its deposit in the U.S. Mail, then it shall be deemed to have been
delivered to and received by the addressee on the fifth day following
its deposit in the U.S. Mail, and all time periods set forth under
Subsection A above shall thereupon be calculated from said fifth day.
It shall be unlawful for any person, as either owner or manager
of a regulated rental unit for which a license is required, to operate
without a valid, current license issued by the Borough authorizing
such operation. It shall also be unlawful for any person, either owner
or manager, to allow the number of occupants of a regulated unit to
exceed the maximum limit as set forth on the license or to violate
any other provision of this article. It shall be unlawful for any
occupant to violate this article.
Any violation of this article shall constitute a civil offense
punishable, upon conviction thereof by a Magisterial District Judge,
by a fine not to exceed $600 plus costs of prosecution. Each day of
violation shall constitute a separate and distinct offense.
The penalty provisions of this article and the license nonrenewal,
suspension and revocation procedures provided in this article shall
be independent, nonmutually exclusive, separate remedies, all of which
shall be available to the Borough as may be deemed appropriate for
carrying out the purposes of this article. The remedies and procedures
provided in this article for violation hereof are not intended to
supplant or replace to any degree the remedies and procedures available
to the Borough in the case of a violation of any other code or ordinance
of the Borough, whether or not such other code or ordinance is referenced
in this article and whether or not an ongoing violation of such other
code or ordinance is cited as the underlying ground for a finding
of a violation of this article.
A.
For purposes of this article, any notice required hereunder to be
given to a manager shall be deemed as notice given to the owner.
B.
There shall be a rebuttable presumption that any notice required
to be given to the owner under this article shall have been received
by such owner if the notice was given to the owner in the manner provided
by this article.
C.
A claimed lack of knowledge by the owner of any violation hereunder
cited shall be no defense to license nonrenewal, suspension or revocation
proceedings as long as all notices prerequisite to institution of
such proceedings have been given and deemed received in accordance
with the applicable provisions of this article.
It shall be the duty of each owner of a regulated rental unit
to notify the Code Enforcement Officer in writing of any change in
ownership of the premises or of the number of regulated rental units
on the premises. It shall also be the duty of the owner to notify
the Code Enforcement Officer in writing of any increase in the number
of occupants in any regulated rental unit or of the changing of a
dwelling unit from owner-occupied to non-owner-occupied, which thereby
transforms the dwelling into a regulated rental unit for purposes
of this article.
If any regulated rental unit is owned by more than one person,
in any form of joint tenancy, as a partnership or otherwise, each
person shall be jointly and severally responsible for the duties imposed
under the terms of this article and shall be severally subject to
prosecution for the violation of this article.
