[Adopted 6-4-2013 by Ord. No. 1261, approved 6-4-2013]
A.
Purposes. This chapter is intended to serve the following purposes:
(1)
To assist the Borough of East Stroudsburg (the "Borough") in protecting
and promoting the public health, safety, and welfare of its citizens;
(2)
To establish rights and obligations of owners and occupants relating
to the rental of certain residential units in the Borough of East
Stroudsburg and to seek that owners and occupants properly maintain
rental housing within the Borough;
(3)
To ensure that owners, managers, and occupants share responsibilities
to comply with codes, to prevent overcrowding, and to avoid nuisances
for neighboring residents;
(4)
To provide for a system of inspections and for issuance and renewal
of licenses and to establish penalties for violations; and
(5)
To seek that owners or managers work with tenants after the first
and second disruptive conduct reports to avoid the issuance of a third
disruptive conduct report.
B.
Findings. In considering the adoption of this chapter, the Borough
of East Stroudsburg makes the following findings:
(2)
There is a greater incidence and greater severity of violations of
various Borough codes arising in or at residential rental properties
than at owner-occupied residential properties.
(3)
There is a greater incidence of problems with the maintenance and
upkeep of residential rental properties than at owner-occupied residential
properties.
(4)
There is a greater incidence of disturbances which adversely affect
the peace and quiet of the neighborhood at residential rental properties
than at owner-occupied residential properties.
(5)
A systematic inspection process can avoid life-threatening problems,
such as a lack of functioning smoke detectors.
As used in this chapter, the following terms shall have the
following meanings. If a term is not defined in this chapter but is
defined in the Borough's Property Maintenance Code or Uniform Construction
Codes,[1] then that definition shall apply to this chapter. If a
term is not defined in any of those codes but is defined elsewhere
in the Borough Code, then the definition in such chapter shall apply
to this chapter.
See "manager."
The Borough of East Stroudsburg, Monroe County, Pennsylvania.
Days in which the offices of the Borough of East Stroudsburg
are open for public business.
Any code or ordinance enacted by or in effect within the
Borough of East Stroudsburg as may be amended from time to time, including,
but not limited to, fitness for habitation, the construction, maintenance,
operation, occupancy, use, vermin and rodent control, or public health
matters of any premises or dwelling unit.
The Borough-appointed Code Enforcement Officer(s) having
the duty to enforce this chapter and the Code and any assistants or
deputies appointed by the Borough. At the discretion of Borough Council,
an independent entity or contractor may be appointed to enforce part
or all of this function under this chapter.
The space contained in buildings having multiple regulated
rental units, which is not part of an individual regulated rental
unit and can be shared among occupants of the dwellings. Common areas
shall be considered as part of the premises for purposes of this chapter.
An action, incident or behavior perpetrated which causes a public
inconvenience, annoyance or alarm, or recklessly creating a risk thereof,
by an occupant or guest of a regulated rental unit that involves any
of the following:
Engaging in fighting or threatening or in violent or tumultuous
behavior.
Making unreasonable noise.
Using obscene language, or making an obscene gesture.
Creating a hazardous or physically offensive condition by any
act which serves no legitimate purpose of the actor;
Is the subject of a criminal citation or complaint or criminal
charges for any summary, misdemeanor or felony charges under the laws
of Pennsylvania.
Is a violation of the East Stroudsburg Borough Code of Ordinances.
As used in this section, the word "public" means affecting or
likely to affect persons in a place to which the public has access;
among the places included are highways, transport facilities, schools,
prisons, apartment houses, places of business or amusement, any neighboring
properties, or any premises which is open to the public.
A written report of disruptive conduct that is completed
by a police officer or CEO who investigated the matter and to which
notice is mailed or otherwise provided to the owner and any manager
of the rental unit, pursuant to this chapter.
A building including one or more dwelling units.
A residential living area for one family (as defined in the
Code) that includes living and sleeping purposes and that has its
own cooking facilities and a bathroom with a toilet and a bathtub
and/or shower.
One or more individuals related by blood, marriage or adoption
(including persons receiving formal foster care) or up to four total
unrelated individuals who maintain a common household and live within
one dwelling unit, except as provided otherwise in the Code. For this
purpose, "related" shall mean persons who are related by blood, marriage,
adoption, civil union recognized by any state, or formal foster relationship
to result in one of the following relationships: spouse, brother,
sister, parent, child, grandparent, great-grandparent, grandchild,
great-grandchild, uncle, aunt, niece, nephew, sister-in-law, brother-in-law,
parent-in-law or first cousin. "Step" relationships shall also be
included, such as stepmother. "Related" shall not include any relationship
further than direct first cousins.
Notwithstanding the above definition, a family shall also be
deemed to include any number of mentally or physically handicapped
persons occupying a dwelling unit as a single, nonprofit housekeeping
unit, if such occupants are handicapped persons as defined in Title
VIII of the Civil Rights Act of 1968, as amended by the Fair Housing
Amendments Act of 1988. Such unrelated individuals shall have the
right to occupy a dwelling unit in the same manner and to the same
extent as any family unit as defined above.
A person who is present on the premises of a regulated rental
unit with the actual or implied consent of an occupant.
This term shall have the same meaning as "owner."
An adult individual designated by the owner of a regulated
rental unit under this chapter. 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 chapter and
under rental agreements with occupants.
See "tenant."
One or more persons, jointly or severally, in whom is vested
all or part of the legal title to the premises and who has a right
to transfer use and/or possession of the property to a third party
or has exercised that right through lease or license. The term "owner"
shall also include, but not be limited to, a mortgage holder who is
in possession of a regulated rental unit.
A dwelling unit where at least one owner of record resides
as his/her primary residence.
A natural person, partnership, corporation, unincorporated
association, limited partnership, trust, or any other legally existing
recognized entity that is capable of ownership.
The designated Property Maintenance Board of Appeals.
Sworn law enforcement officers who have the legal ability
to effectuate arrest, including, but not limited to, the Stroud Area
Regional Police Department authorized to serve the Borough of East
Stroudsburg, the Pennsylvania State Police, and/or the East Stroudsburg
University Police.
Any parcel of real property located in the Borough, including
dwelling(s), common areas, and land and appurtenant structures, on
which one or more regulated rental units is located.
A dwelling unit that is occupied for residential purposes
and that is not a) an owner-occupied dwelling unit or b) is otherwise
exempt by this chapter from needing a residential rental license.
A college fraternity or sorority used for residential purposes shall
be considered regulated rental units unless it is within a residence
hall that is owned by a university within the I-U Zoning District.
A legally enforceable agreement between owner and tenant/occupant
embodying the terms and conditions concerning the use and occupancy
of a regulated rental unit and executed by all parties subject to
the agreement.
The license issued to the owner of regulated rental units
under this chapter, which is required in order to lawfully rent and
occupy regulated rental units. Until a rental unit has been inspected
and a license issued, the residential rental license shall be considered
a residential rental registration.
A residential use that includes two or more rooming/boarding
house units.
A unit of space assigned or leased to one or more persons
for residential purposes, which does not otherwise meet the definition
of "dwelling unit" and that is not within a Borough-permitted hotel
or bed-and-breakfast inn.
An occupant of a regulated rental unit with whom a legal
relationship with the owner is established by written or oral lease,
sublease or other enforceable possessory right under the laws of the
Commonwealth of Pennsylvania.
Persons who are not related to each other, as provided in
the definition of "family" in this chapter.
A.
General.
(1)
It shall be the duty of every owner to keep and maintain all owned
regulated rental units in compliance with the Code and to ensure the
premises is maintained in good and safe condition. The owner shall
allow and assist the CEO in the performance of inspections authorized
under the Borough.
(2)
As provided for in this chapter, every owner shall be responsible
for regulating the proper and lawful use and maintenance of every
dwelling and each regulated rental unit which he/she or it owns. Every
owner shall be responsible to include in and enforce provisions to
their rental agreements which assist in minimizing disruptive conduct
by occupants of the regulated rental units. Each owner shall be responsible
to include provisions in a rental agreement which requires occupants
to comply with this chapter.
(3)
A residential rental license is required by this chapter for each
regulated rental unit. If a valid license has not been issued or the
license has been revoked, then the regulated rental unit shall not
be rented for residential use. If a regulated rental unit is rented
for residential use without a valid residential rental license, such
action shall be a violation of this chapter.
(4)
This section shall not be construed to diminish or relieve in any
way the responsibility of occupants, tenants, or their guests for
their conduct or activity. This chapter shall not be construed as
an assignment, transfer or projection onto any owner of any liability
in addition to that which exists independent of this chapter under
civil or criminal law for tenants' or guests' conduct or activity.
(5)
This chapter is not intended, nor shall its effect be, to limit any
other enforcement remedies at law or equity, including injunctive
relief which may be available to the Borough against an owner, occupant,
tenant, or guest thereof.
(6)
The owner may designate an agent or a manager to assist the owner
in meeting the owner's duties and obligations as set forth in this
chapter. It shall not be a defense for failure to comply with this
chapter based on the owner's designation of a manager or agent.
(7)
The owner, designated owner's agent or manager may be required to
accompany the CEO in scheduled inspections at the property conducted
under this chapter.
B.
Designation of manager.
(1)
If the owner is not a full-time resident of the Borough of East Stroudsburg
or does not live or have a primary physical work address (beyond a
post office box) within a twenty-mile radius of the Borough of East
Stroudsburg and within the Commonwealth of Pennsylvania, then the
owner shall designate a person to serve as manager who does reside
or have a primary physical work headquarters (beyond a post office
box) within a twenty-mile radius of the Borough of East Stroudsburg.
If the owner is a corporation, partnership or similar entity, a manager
shall be appointed meeting the above requirements.
(2)
The legal name, mailing address, e-mail address, daytime physical
address (not a post office box), and daytime and evening telephone
number(s) of a person who is designated as the manager shall be provided
in writing by the owner to the Borough, and such information shall
be kept current and updated within five business days after it changes.
Such information shall also be provided and updated to each tenant
within the same time frame.
(3)
The manager shall be authorized to accept service of process of legal
notices and complaints on behalf of the owner for matters relating
to the regulated rental unit, in addition to any other person the
owner designates, to accept service of process.
(4)
If an owner designates a manager, then the Borough may, as a convenience
but not as a requirement, provide copies of notices of service of
process to owner via first-class mail at the last address provided
to the Borough in writing by the owner.
(5)
The manager shall have authority to act on behalf of the owner to
correct Code violations, maintain the premises, respond to tenants'
complaints and emergency situations and evict tenants when necessary.
C.
Disclosure. The owner or manager shall provide to each prospective
tenant, in writing, on or before the commencement of the tenancy,
the name, address and telephone number of the manager or the name,
address and telephone number of the owner of the premises if a manager
is not required to be designated. The residential rental unit license
shall also be readily available on the premises. The information must
be currently maintained as set forth herein.
D.
Maintenance of premises.
(1)
The owner shall maintain the premises in compliance with code and
shall regularly perform or cause to be performed all routine maintenance,
including lawn mowing and ice and snow removal, and shall promptly
make any and all repairs necessary to fulfill this obligation.
(2)
The existence of an agreement between the owner and the tenant to
make repairs to a dwelling or regulated rental unit in lieu of rent
shall not relieve an owner of any responsibility under the Code for
proper repair and maintenance of the premises.
E.
Rental agreement.
(1)
All occupants of a regulated rental unit shall be provided with and
execute a written rental agreement establishing the terms of their
tenancy. Each rental agreement shall contain an addendum to residential
rental agreement in a form approved by the Borough, which shall be
executed by the parties and provided to the Borough prior to the commencement
of tenancy. The addendum to residential rental agreement may be revised
by resolution of Borough Council.
(2)
The owner and occupant shall not include text in a rental agreement
that is contrary to the provisions of this chapter and shall insert
such provisions as necessary to facilitate enforcement of the provisions
herein, such as grounds for eviction based on violations of the disruptive
conduct provisions. Nothing herein, however, is to be construed as
to limit the owner's ability to insert more stringent provisions in
establishing the contract with the tenant.
(3)
Rental agreements for regulated rental units shall be consistent
with the provisions of the Pennsylvania Landlord-Tenant Act and shall
incorporate Section 250.505-A of such Act[2] which addresses illegal sale, manufacture or distribution
of controlled substances by tenants.
[2]
Editor's Note: See 68 P.S. § 250.505-A.
F.
Common areas. The owner of a regulated rental unit shall ensure that
the premises are maintained in compliance with the Code.
G.
Notice and eviction. The CEO shall serve a copy of each disruptive conduct report to the owner or the manager of the cited regulated rental unit by certified mail return receipt requested or personal service. A copy of said report may be provided to the owner via first-class mail at the last address provided to the Borough in writing by the owner, when a manager is designated. Such communication shall also state that the disruptive conduct report may be appealed and shall describe the consequences of a third disruptive conduct report. After three incidents are determined to be "disruptive conduct," as set forth in the definition in § 124-2, on a property with a regulated rental unit during any period of 24 consecutive months, the CEO or designee shall provide written notice to the owner and/or manager of the tenant eviction requirements under this chapter (notice to evict). The occupants of the cited regulated rental unit shall be served a copy of the disruptive conduct report via certified mail, return receipt requested, or personal service.
(1)
Upon receipt of a notice of eviction indicating that three were three
disruptive conduct reports issued against a regulated rental unit
during a period of 24 consecutive months, the owner is required within
45 days to file action for possession against the tenant. This action
shall involve eviction proceedings against the occupant(s) who were
in possession at the time of the incident leading to the third disruptive
conduct report occurred, by providing notice to vacate, and proceeding
to file and prosecute an action for possession against the tenant.
An owner shall give notice to any new occupants of any previous disruptive
conduct reports pending against the regulated rental unit.
(2)
In the event that three or more disruptive conduct reports occur
within a rolling twenty-four-month consecutive period and the occupant(s)
who occupied the regulated rental unit at the time of the last disruptive
conduct report have vacated or been evicted, then the owner shall
be required to institute another eviction proceeding against the new
tenant(s) upon the issuance of any subsequent disruptive conduct report.
This requirement shall continue until such time as the premises has
been free of any disruptive conduct reports for a period of 12 consecutive
months. At that time the number of incidents of disruptive conduct
shall be reset to three within 24 consecutive months.
(3)
If any of the three cited incidents of disruptive conduct involves
unresolved criminal charges, the institution of eviction proceedings
shall not be delayed until resolution of criminal charges if both
the owner and the occupant were given written notice of the disruptive
conduct report as well as written notice of an opportunity to appeal
the report to the PMBA as set forth herein or, if an appeal is taken,
after the matter was determined by the PMBA.
(4)
The owner shall thereafter prosecute the eviction until 30 days after a final unappealable decision. Once an eviction is ordered, those occupant(s) shall not be permitted to occupy any unit pursuant to § 124-3G(8) herein. This chapter shall be read in concert and not in conflict with procedures required for eviction under the state Landlord-Tenant Act.[3]
[3]
Editor's Note: See 68 P.S. § 250.101 et seq., The
Landlord and Tenant Act of 1957.
(5)
Failure of an owner or manager to comply with a notice to evict shall
result in a written notice of violation of this chapter and that the
regulated rental license for the regulated rental unit has been suspended.
(6)
This chapter shall not limit the ability of an owner to evict tenants
in compliance with state law for reasons other than violations of
this chapter.
(7)
An owner will not be held in violation for failure to evict under
this section in the event of the following:
(a)
Despite a good faith effort to prosecute at the Magisterial
District Judge level, the Magisterial District Judge rules in the
tenant's favor during the eviction process; or
(b)
Despite good faith efforts to prosecute an eviction action,
legal action has resulted in a stay or an unappealable reversal of
an eviction order.
(8)
The CEO shall maintain a list of occupants who were ordered to be
evicted along with the addresses for each dwelling and dwelling unit
affected. Once an eviction is ordered, those occupant(s) shall not,
for a minimum period of two years, be permitted to occupy any dwelling
unit or rooming house unit that is owned by the same owner within
the Borough of East Stroudsburg.
(9)
In the event that an occupant or guest has become the subject of
a protection from abuse order or similar order that prohibits that
individual from living in or visiting a regulated rental unit of a
tenant (including the spouse of a tenant), then an action of disruptive
conduct by the person who is the subject of such order will not count
within the maximum of three disruptive conducts. This exception only
applies if the remaining tenant does not allow such individual to
reoccupy or regularly visit the premises during the pendency of the
protective order.
H.
Code violations. Upon receiving notice of any Code violations from
the CEO, the owner shall take necessary action, or cause such action
to be taken, to eliminate the violation within the time limit provided
on the notice or citation. In case the owner of the premises shall
neglect, fail, or refuse to comply with any Code notice from the Borough
to correct a violation, the Borough may cause the violation to be
corrected by invoking such remedies available under the Code. A Code
violation may be the basis for a disruptive conduct report or a suspension
of the regulated rental license.
I.
Inspections. The owner or manager shall allow and schedule inspections
by a CEO of the premises during Borough business hours, after a minimum
of five calendar days' notice have been provided to the owner or manager.
The owner or manager shall provide a minimum of three calendar days'
advance notice to at least one adult occupant of each regulated rental
unit of the time and date of the inspection. These advance notice
requirements shall not apply under the following circumstances:
A.
General.
(1)
The occupant shall comply with all obligations imposed upon occupants
and guests by this chapter, the Code, and federal and state laws.
(2)
A regulated rental unit shall be occupied to a density that is in
conformance with the Borough Zoning Ordinance.[1] The occupancy of a regulated residential unit shall always
comply with the occupancy limits of the Code. All occupants of a regulated
residential unit shall be subject to violation of this provision if
they are found to be in violation of density or occupancy requirements
found elsewhere in the Code.
(3)
The occupant shall allow regularly scheduled inspections of a regulated rental unit (see § 124-4E).
(4)
Maintain correct occupant contact information with owner or manager (see § 124-5A(5)(a).
B.
Health regulations. Occupants shall maintain the premises in a neat
and sanitary condition so as to not adversely affect the health, safety
and welfare of Borough residents.
[Amended 2-5-2019 by Ord.
No. 1337, approved 2-5-2019]
C.
Illegal activities. Occupants shall not engage in, tolerate, or permit
guests on the premises to engage in, any conduct declared illegal
under any federal, state, or local criminal statute or ordinance,
including the Pennsylvania Crimes Code (18 Pa.C.S.A. § 101
et seq.) or the Liquor Code (47 P.S. § 1-101 et seq.), or
the illegal sale or distribution of controlled substances under the
Controlled Substance, Drug, Device and Cosmetic Act (35 P.S. § 780-101
et seq.), or their successor laws.
D.
Disruptive conduct. (See definition in § 124-2.)
(1)
Occupants shall not themselves engage or participate in, tolerate
or permit guests in the regulated rental unit or on the premises to
engage in disruptive conduct or other violations of this chapter.
(2)
If a citation or criminal complaint is issued based on activity conducted
at a regulated rental unit or dwelling where such unit is located,
such citation or complaint shall automatically be deemed a basis for
the issuance of a disruptive conduct report. The citation or complaint
shall be forwarded by the CEO along with notice of the disruptive
conduct.
(3)
Disruptive conduct reports may be issued for conduct which constitutes
a violation of this chapter, regardless of whether criminal charges
are filed.
E.
Inspection of premises. Occupants shall permit inspections by a CEO of the premises during Borough business hours, after receiving notice from the owner, manager or the Borough. See also §§ 124-3 and 124-5. An occupant may also invite a CEO into their unit at any time. Failure of an occupant to allow and coordinate required inspections shall be a violation of the Ordinance.
A.
License requirement.
(1)
A residential rental license shall be required for all regulated
rental units. By August 1 of each year, the owner or his duly authorized
agent shall be required to obtain a residential rental unit license
for each regulated rental unit. A rooming house only requires a single
license for all units within the rooming house building.
(a)
A residential rental license shall not be issued or renewed
until:
[1]
All overdue real estate taxes, water, sewage and garbage/rubbish
collection fees that are owed to the Borough of East Stroudsburg or
its authorities or assignees or lessees have been paid in full for
all properties owned, in whole or in part, by the applicant in the
Borough; and
[2]
The owner has designated and provided information concerning
a manager or designated agent, when applicable; and
[3]
The owner or manager has provided a written list containing the information required in § 124-5A(5)(a) to the CEO of occupants age 18 or older, in each regulated rental unit, which shall be updated as required by this chapter.
[4]
A residential rental license shall not be issued or renewed
if the owner has not paid any fines and costs arising from enforcement
of this chapter or any codes of the Borough of East Stroudsburg relating
to zoning and/or code enforcement or if any licensing fees under this
chapter are past due to the Borough.
(b)
A CEO shall delay or deny the renewal of a residential rental
license if there are outstanding violations of the Code for that regulated
rental unit at the time of renewal which are not corrected and/or
for violations of § 124-5(A)(1)(a).
(2)
The following shall not be considered regulated rental units for
the purposes of this chapter:
(a)
Owner-occupied dwelling units.
(b)
Hotels and motels used for short-term (less than two weeks)
transient visitors to the area.
(c)
Hospitals and state-licensed nursing homes and personal-care
homes.
(e)
On-campus dormitories and residence halls owned by an accredited college or university or located on land owned by such college or university and operated through a lease arrangement to an affiliated entity that are located within the I-U Zoning District on lots of more than 20,000 square feet. This Subsection A(2)(e) applies to housing for occupancy by college students attending college on at least a half-time basis and/or college staff.
(3)
Housing authority. Dwelling units that are owned by the Monroe County
Housing Authority, or its successor entity, shall be exempt from the
requirements of this chapter for a regularly scheduled Borough inspection
if the CEO annually certifies that the Housing Authority's inspection
program is sufficient for serving the purposes of this chapter. Dwellings
owned by the Housing Authority shall be required to comply with requirements
of this chapter concerning evictions, disruptive conduct reports,
and/or other provisions of this chapter, unless such provision is
specifically preempted by federal law. Units that are subsidized but
not owned by the Housing Authority (such as Section 8 Program Housing)
are not exempt from this chapter.
(4)
The application for a license of each regulated rental unit shall be executed on a form provided by the Borough. The filing of a complete application shall satisfy tenant registration requirements subject to § 124-5A(1)(a)[3] and A(5).
(5)
The owner or manager shall:
(a)
Maintain a current list of all occupants age 18 or older in
each regulated rental unit, which shall include their name, e-mail
address, address and telephone number;
(b)
Furnish such list to the Borough annually, in writing, with
housing license/registration renewal of each year; and
(c)
Notify the Borough, in writing, of all changes in the number,
names, or occupant contact information of all occupants age 18 or
older within 10 days after a change.
(d)
Provide the executed addendum to lease.
B.
Registrations, licenses, and fees.
(1)
Each regulated rental unit shall be licensed for a term of one annual
calendar year. Each licensed regulated rental unit shall be subject
to a minimum of one inspection every two years, based upon a schedule
established by the CEO, except as provided below. The CEO shall establish
two geographic areas and use same to establish a schedule wherein
each regulated rental unit within a specific geographic area will
be inspected a minimum of once every two years.
(a)
If the property is cited for two or more violations of Borough
codes within the previous two calendar years, then the Borough shall
require an inspection every year until such time as the property cited
is violation free for a period of two years.
(b)
The Borough is not obligated to complete all inspections within
the time frame set forth herein. The Borough may instead inspect the
unit at any time, as set forth herein.
(c)
This chapter shall not prevent the Borough from requiring additional
inspections of a dwelling where the Borough has a reasonable suspicion
that violations may be present, which may be based upon written complaints
(which may include paper or electronic) of tenants, fire personnel,
police, and/or neighbors.
(d)
A resale inspection or certificate of occupancy does not relieve
the obligation of obtaining a regulated rental unit inspection.
(e)
At any time, an occupant may request an inspection by the CEO.
(2)
For each regulated rental unit, an applicant shall pay to the Borough
an annual license fee.
(a)
The annual fee for a regulated rental unit license shall be
set by resolution of Borough Council. The fee for a calendar year
shall be paid by August 1 of the calendar year for which the license
is requested. If the annual fee is not paid by August 1, a penalty
with an additional cost as provided for by resolution of Borough Council
shall apply. An application for a residential rental unit license
must be received by the Borough no later than August 1 of each year.
The license fee is intended to cover the Borough's actual costs for
administering the program and for inspections as set forth below and
related expenses. An application shall not be considered complete
and a license issued until the required fee(s) have been paid in full.[2]
(b)
The annual fee is intended to cover the costs of up to two inspections
of the premises in any two-year period, such as an initial inspection
and then a follow-up inspection to ensure that the violations have
been corrected.
(c)
If three or more inspections are needed in any two-year period
for the premises, such as when the follow-up inspection finds that
violations have not been corrected, then an additional fee as established
by resolution of Borough Council shall apply for each inspection after
the first two.[3]
(d)
The fee to reinstate a revoked and/or suspended residential
rental license shall be as provided for by resolution of Borough Council
per dwelling unit or per rooming house building. A fee shall also
be established by resolution of Borough Council for the appeal of
an action pursuant to this chapter.[4]
(e)
The fees provided in this chapter may be revised from time to
time by resolution of Borough Council.
(3)
The issuance of a residential rental license or inspection is not
a warranty that the premises is lawful, safe, habitable, or in compliance
with the Code. Rather, the license indicates that the premises are
either set to be inspected on a routine basis or, if inspected, the
premises met Code requirements on the day and at the time of the inspection.
C.
Inspection.
(1)
Each premises shall be subject to inspection by the CEO.
(2)
CEOs are the officials authorized to enforce this chapter and to
take appropriate measures to abate violations hereof for and on behalf
of the Borough of East Stroudsburg.
(3)
This chapter shall not limit the CEO's authority to conduct inspections
or enforcement actions under other Code provisions or to require that
a property be made available for inspection whenever there is reasonable
suspicion that a violation of the Code may exist.
D.
Administrative search warrants. Within the limitations of federal
and state law, a CEO may apply to a Magisterial District Judge or
any legal authority having jurisdiction for an administrative search
warrant to enter and inspect a regulated rental unit and the premises.
Such warrant is only required where access to a regulated rental unit
or common areas is denied to the CEO after a request to a person with
a possessory interest in the regulated rental unit.
A.
General. A CEO may initiate the following enforcement actions against
an owner and/or manager for violating any provision of this chapter
or the Code.
B.
Responses to violations of this chapter and other Borough codes.
(1)
Notice of code violations. The CEO shall provide to the owner and/or
manager written notification of violations of the Code. The notice
of code violations shall require that violations be corrected within
a reasonable time period, not to exceed 40 days, as established by
the CEO and the enforcement provisions of such Code. Violations which
do not render a property uninhabitable or a threat to public safety
shall be corrected within the time frame established by the CEO in
the notice of violation.
(2)
In the event a CEO determines that the regulated rental unit is unfit
for human habitation or a threat to public safety, the CEO may order
that the regulated rental unit, dwelling, or premises be vacated,
depending upon the circumstances, and shall remain vacated until such
time as the violations rendering the unit uninhabitable are corrected.
(3)
Nonrenewal. If, at the time of renewal, violations exist which do
not render the premises uninhabitable, unsafe, or a threat to public
safety, the CEO may permit the current occupants to remain in the
premises for the time frame set to correct such violation. No new
occupants may be allowed to inhabit a premises which has uncorrected
Code violations.
(4)
Suspension by CEO.
(a)
The immediate suspension of the license to rent a regulated
rental unit shall occur if the CEO determines that the violation or
any combination thereof of the Code renders the regulated rental unit
unfit for habitability, unsafe, or a threat to public safety. Such
suspension shall be immediately effective and remain in force until
all violations of the Code are corrected, the premises reinspected,
and a new license issued by the PMBA. Upon notice of suspension of
the license for health, welfare, and safety violations, the owner
or manager shall take immediate steps to evict the occupants and/or
to locate alternative housing for the occupants.
(b)
The CEO may suspend the license to rent a regulated rental unit
if the owner and/or the manager demonstrate a course of conduct wherein
they are not available or do not respond to contacts by the CEO.
(c)
The CEO may suspend the license to rent a regulated rental unit
if the owner and/or the manager fail to provide updated contact information
or if the owner fails to designate a new manager if the manager listed
with the Borough no longer represents the owner.
(d)
A license to rent a regulated rental unit may be suspended if
the CEO determines that incomplete or inaccurate information was submitted
in the application.
(e)
Each notice of suspension issued by a CEO shall be effective
30 days after the notice of suspension is served in accordance with
this chapter. Any suspension which is appealed herein within the applicable
time frame for such appeals shall be stayed pending the outcome of
the appeal. This provision shall not apply to suspensions made pursuant
to § 124-6B(1)(a) and (3)(a) regarding suspensions which
render a premises/regulated rental unit uninhabitable.
(5)
Notification of suspension or nonrenewal of license. If the CEO determines
that there are grounds for not granting a license, nonrenewal or suspension
of a license, the CEO shall notify the owner or manager of the action
to be taken and the reason therefor.
(a)
Service of notice; content.
[1]
Such notification shall be in writing, addressed to the owner
or manager in question. The serving of notice or legal process upon
the person designated manager of a premises shall constitute service
of process on the owner. The owner is responsible to notify the Borough
of any change in the manager's contact information. The manager or
agent shall have responsibility to inform the owner of any enforcement
or compliance matters. Notices shall be served by one or more of the
following methods:
[2]
Each notice shall contain the following information:
[a]
The address of the premises in question and identification
of the affected regulated rental unit(s).
[b]
A description of the violation(s) which have been
found to exist.
[c]
A statement that the regulated rental unit has
not been registered, or that the license for said residential rental
unit(s) will not be granted, suspended, shall be revoked, or will
not be renewed for the next license period.
[d]
Time deadlines for compliance, if any, shall be
provided in the notice.
[e]
Information regarding the appeal process.
(b)
The Borough may post the premises and the Borough shall not
be responsible for failing to provide notice where the owner has not
provided an up-to-date name and address for the owner or the manager
for the rental unit. Posting of the premises, in all cases, shall
be sufficient notice.
(c)
There shall be a presumption that any notice required to be
given to the owner under this chapter shall have been received by
such owner if the notice was given to the owner in the manner provided
by this chapter.
(d)
A claimed lack of knowledge by the owner of any violation hereunder
cited shall not be a defense to rental license nonrenewal, suspension,
or revocation or an eviction order as long as all required notices
involving such proceedings have been sent to the last address of record
with the Borough as provided by the owner.
(e)
In the event that the notice is returned by the postal authorities
marked "unclaimed" or "refused," then the CEO shall post the notice
at a conspicuous place on the premises.
(f)
In the event a manager is designated, the Borough will provide
copies of notices of service of process to the owner via first-class
mail at the last address provided to the Borough in writing by the
owner.
(6)
Revocation of residential rental unit license. The Property Maintenance
Board of Appeals (PMBA) may reinstate, reinstate with conditions or
revoke a residential rental unit license after hearing, with appropriate
notice.
(a)
A revocation may be ordered for a definite or indefinite time
period, including any time period which exceeds the time frame to
correct a violation.
(b)
Revocation of residential rental unit licenses may be ordered
by the PMBA for any of the following actions:
[1]
Failure to supply or report information regarding the manager
or contact for premises;
[2]
Failure to supply or report information regarding tenant or
occupant information for each licensed regulated rental unit;
[3]
Failure to supply information after requested by the Borough;
[4]
Failure to have written leases with all occupants;
[5]
More than two code violations in a twenty-four-month period;
[6]
Three disruptive conduct reports within a twenty-four-month
period;
[7]
Failure to register a regulated rental unit by the date as set
forth in this chapter;
[8]
Failure to abate a Code violation which affects a particular
regulated rental unit within the time limit established by the CEO;
[9]
Refusal to permit the inspection of the premises by a CEO as
required by this chapter;
[10]
Failure to take steps to remedy and prevent violations of this
chapter by occupants of regulated rental units as required by this
chapter;
[11]
Failure to evict occupants after having been directed to do
so by a CEO as provided for in this chapter;
[12]
Failure to name a manager where required or other violation
of a section of this chapter;
[13]
For any violation of the provisions of § 124-6B(4)(a) through (d).
(7)
Reinstatement. A residential rental unit license shall be reinstated
if the owner of a regulated rental unit corrects the reason for the
suspension or revocation of the residential rental license (such as
if the tenants who caused disruptive conduct have moved away) and
the owner has:
C.
Standards for revocation of licenses or issuance of penalties.
(1)
The PMBA shall have the authority to issue orders suspending or revoking
a residential rental unit license. The following criteria shall be
utilized by the PMBA in determining an appropriate penalty:
(a)
The effect of the violation on the health and safety of occupants
of the regulated rental unit, other residents of the premises, and
neighboring residents.
(b)
Whether the owner has prior violations of this chapter and whether
those violations were satisfactorily corrected in a timely manner.
(c)
The effect of penalties upon the occupants, particularly when
the occupants did not cause the violation.
(d)
The actions taken by the owner to remedy the violation and to
prevent future violations, including any written plan submitted by
the owner and good faith efforts of the owner to bring the property
into compliance within a reasonable period of time.
D.
Conditions for reinstatement. In addition to enforcing penalties
set forth above, the PMBA may establish reasonable conditions upon
the reissuance of a residential rental unit license after a suspension
or revocation which will help ensure future compliance with this chapter.
Such conditions may include:
E.
Appeals.
(1)
Any person aggrieved by a decision, notice, or order of the CEO under
this chapter shall have the right to appeal to the Borough of East
Stroudsburg Property Maintenance Board of Appeals (PMBA). The right
of appeal includes:
(2)
A notice of violation of the Code, other than in this chapter, shall
be appealed to the appropriate board designated to handle appeals
for the specificity of Code violations.
(3)
An application for appeal may be submitted in such circumstances
as when the claimant asserts that the provisions of this chapter have
been improperly applied or administered or factual errors were made
in the determination of the CEO.
(4)
A written application for appeal is required to be filed within 30
days after the day the decision, report, notice, or order was served.
(b)
Failure to file a timely appeal shall deem any determination
appearing in a decision, report, notice, or order of the CEO conclusive
for the purposes of future actions under this chapter.
(5)
The PMBA is hereby established and shall consist of five members
who are appointed by majority vote of Borough Council. No more than
two members shall be employees of the Borough of East Stroudsburg.
A minimum of one member shall own rental housing in the Borough of
East Stroudsburg. The remaining members shall be residents of the
Borough. The members shall serve staggered three-year terms, with
at least one term ending each year.
(a)
A minimum of three votes shall be needed in any action by the
Board. A two-to-two vote shall be considered to have been an affirmation
of the determination of the CEO.
(b)
Two alternate members of the PMBA may also be appointed by majority
vote of Borough Council, by the Chairperson of the PMBA, to serve
when regular members are unable to serve.
(d)
The PMBA shall have the authority to elect its own officers
and to establish and revise bylaws for its own procedures, actions
and meetings.
(e)
Decisions of the PMBA shall be provided in writing to the Codes
Enforcement Officer and to the last known address of the owner, the
manager, if applicable, and the affected occupant(s) within 10 days
after the conclusion of a hearing on a matter.
(f)
Any compensation for the members of the PMBA shall require approval
by Borough Council.
(g)
A stenographic record is not required for meetings of the PMBA.
However, a person filing an appeal to the PMBA may request the use
of a stenographer at a hearing if such request is made in writing
at the time of the filing of the appeal and if the person filing the
appeal commits to pay 50% of all resulting costs and if such person
pays a deposit in an amount estimated by the CEO to cover such costs.[4] Minutes shall be maintained, and a tape recording of meetings
may occur.
(h)
Rules of evidence before the PMBA shall be in accordance with
the Local Agency Law.
(6)
Legal counsel. Borough Council may appoint legal counsel to serve
the PMBA and may establish a legal budget for such services. An appellant
may, but is not required to, have legal counsel during the appeal
procedure.
(7)
Other boards. The East Stroudsburg Zoning Hearing Board shall continue
to decide upon appeals concerning the Zoning Ordinance. The East Stroudsburg
Building Code Board of Appeals or the Borough's designee shall continue
to decide upon appeals as provided under the uniform construction
codes.
A.
Basis for violation. It shall be unlawful for any owner or manager of a regulated rental unit to operate and lease without a valid current residential rental unit license issued by the Borough. It shall be unlawful for any owner or manager to allow the number of occupants of a regulated rental unit to exceed the maximum number allowed by the Code. It shall be unlawful for any owner and/or manager to violate the section of this chapter entitled "owner's duties" in § 124-3. It shall be unlawful for any tenant to violate the section of this chapter entitled "occupant's duties" in § 124-4. It shall be unlawful for any owner, manager, tenant, or other occupant to violate any provisions of this chapter.
B.
Penalties.
(1)
The penalties and remedies for a violation of the Borough's Property
Maintenance Code shall be as established in such code.
(2)
Any person who violates a provision of this chapter shall, upon conviction
thereof before a Magisterial District Judge, be guilty of a summary
offense and shall be liable to pay the following penalties:
(a)
First violation on a lot with no prior violations in the previous
12 months: a fine of $200 or imprisonment for not more than 30 days.
(b)
Second and each subsequent violation on a lot within a twelve-month
period: a fine of $500 or imprisonment for not more than 30 days;
(c)
Each day that a violation continues to exist after the time
limit established by the CEO, the PMBA or a judge for correction of
the violation shall constitute a separate violation for each day it
continues to occur and shall require an additional fine.
(d)
A violator of this chapter shall also be required to reimburse
the Borough for the costs of prosecution, including legal fees, incurred
by the Borough, as well as the costs of collecting any fines or costs.
(3)
In addition, an eviction of occupants of a regulated rental unit
may be required under provisions of this chapter, and the residential
rental license that grants the privilege to rent a regulated rental
unit may be suspended or revoked.
(4)
If an owner, manager and/or agent fail to complete a required eviction,
the CEO shall suspend the license to rent that rental unit until there
is full compliance with this chapter and any order of suspension or
revocation.
D.
Nonexclusive remedies. The penalty provisions of this chapter and
the license nonrenewal, suspension, and revocation procedures provided
in this chapter shall not limit the ability of the Borough to enforce
other Borough ordinances and to utilize the penalties, remedies, and
procedures provided under such other Borough ordinances and state
law.
A.
Changes in ownership/occupancy.
(1)
Each owner of a regulated rental unit shall notify the CEO in writing
within five business days after any change in ownership of the premises
or of the number of regulated rental units on the premises and to
submit new contact information.
(2)
The owner shall notify the CEO in writing within a maximum of five
business days after the changing of a dwelling unit from owner-occupied
to being a regulated rental unit for purposes of this chapter. Failure
to so notify the CEO shall be considered a violation of this chapter.
B.
Owner separately responsible. 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 chapter and shall be
separately subject to prosecution for the violation of this chapter.
