[Ord. 864, 11/17/2005]
The purpose of this Part and the policy of the Borough of Elizabethtown
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 rental units in the Borough; and
to encourage owners and occupants to maintain and improve the quality
of rental housing within the Borough. As a means to these ends, this
Part provides for a systematic inspection program, registration and
licensing of residential rental units and penalties. In considering
the adoption of this Part, the Borough makes the following findings:
A.Â
There is a concern in the Borough with the failure of some property
owners to properly maintain residential rental units.
B.Â
Borough records indicate there is a greater incidence of problems
with the maintenance and upkeep of residential properties which are
not owner-occupied as compared to those that are owner-occupied.
C.Â
Borough records indicate that violations of the Borough's Ordinances
are generally less severe at owner-occupied units as compared to residential
rental units.
D.Â
Borough records indicate that there are a growing number of disturbances
at residential rental units.
[Ord. 864, 11/17/2005]
Unless otherwise expressly stated, the following terms shall,
for the purpose of this Part, have the meanings indicated as follows:
An accessory dwelling unit as defined in Chapter 27, Zoning.
[Added by Ord. 983, 11/16/2017]
A bed-and-breakfast establishment as defined in Chapter 27, Zoning.
[Added by Ord. 983, 11/16/2017]
The Borough of Elizabethtown, Lancaster County, Pennsylvania.
A person designated by Borough Council to enforce this Part,
including performance of inspections, issuance of residential rental
licenses and issuance of citations.
Any state or local law, code or ordinance adopted, enacted or in effect in and for the Borough, including, but not limited to, the Existing Structures and Property Maintenance Code, codified as Chapter 5 of the Code of Ordinances of the Borough of Elizabethtown, Lancaster County, Pennsylvania.
The County of Lancaster.
Any act by an occupant of a residential rental unit or by a person present at a residential rental unit involving public drunkenness, consumption of an alcoholic beverage in public, public urination or defecation, the unlawful deposit of trash or litter on public or private property, damage to or destruction of public or private property, the obstruction of public roads, streets, highways or sidewalks, interference with emergency or police services, unreasonable noise as defined by the Borough Noise Nuisance Ordinance, codified as Part 2, Noise Nuisance, of Chapter 10, of the Code of Ordinances, use of profane or obscene language or gestures, indecent exposure, fighting or quarreling, or any other act defined as disorderly conduct in the Pennsylvania Crimes Code or any act prohibited in Chapter 10, Part 2 of the Borough's Code of Ordinances or which otherwise injures or endangers the health, safety or welfare of the residents of the Borough residing in the neighborhood or vicinity of the gathering. It is not necessary that such conduct, action, incident or behavior constitute a criminal offense, nor that criminal charges be filed against any person in order for said 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 a codes compliance official or a police officer shall investigate and make a determination that such did occur, and keep written records, including a disruptive conduct report, of such occurrences. The occupant and the owner and, if applicable, the manager shall be notified of any such occurrences, in writing.
A written report of disruptive conduct to be completed by
a police officer or codes compliance official who actually investigates
an alleged incident of disruptive conduct and which shall be maintained
by the Codes Compliance Official.
A building or structure designed for living quarters for
one or more families, including industrialized housing and manufactured
homes which are supported either by a foundation or are otherwise
permanently attached to the land.
[Added by Ord. 983, 11/16/2017]
A family as defined in Chapter 27, Zoning.
[Added by Ord. 983, 11/16/2017]
A building or group of buildings where more than six individual
sleeping quarters that may have separate entrances are offered for
compensation, to transient occupants as defined in this Part, licensed
under applicable laws and regulations. Such a use may have ancillary
services such as recreational facilities, dining services, meeting
rooms, and/or fitness centers.
[Added by Ord. 983, 11/16/2017]
An organization founded and united for a specific purpose
(such as education or health care) consisting of a building or complex
of buildings where an organization for the providing of a service
or specific cause is situated.
A unit used as a residence and located in a structure owned
and operated by an institution for a common purpose such as, without
limitation, an educational facility or a nursing or retirement care
facility.
A person retained by an owner to be responsible for one or
more residential rental units within the Borough.
Any person living and sleeping in a residential rental unit
or having actual possession of said residential rental unit.
A list of tenants residing at the residential rental unit.
The list shall include the name, excluding minor children, and address
with unit number.
[Added by Ord. 983, 11/16/2017]
Any person as defined in this Part, agent, operator, firm
or corporation having a legal or equitable interest in the property;
or recorded in the official records of the state, county or Borough
as holding title to the property; or otherwise having control of the
property, including the guardian of the estate of any such person(s),
and the executor or administrator of the estate of any such person(s)
if ordered to take possession of real property by a court.
[Amended by Ord. 983, 11/16/2017]
The person who holds record title and/or equitable owner
to include his or her spouse, son, daughter, owner's parents
or owner's spouses' parents only.
A natural individual, unincorporated association, partnership,
corporation, estate, trust or any other legally recognized entity,
and the members of such partnership and the officers of such entities.
Any parcel of real estate within the Borough, including the
land and all buildings and appurtenant structures, on which one or
more residential rental units are located.
The existing Structures and Property Maintenance Code of the Borough of Elizabethtown enacted as Chapter 5 of the Code of Ordinances of the Borough of Elizabethtown, Lancaster County, Pennsylvania, as it may be amended from time to time.
1) A dwelling unit let for rent, or 2) a rooming unit, or
3) a bed-and-breakfast establishment, or 4) a short-term lodging accommodation,
or 5) an accessory dwelling unit, or 6) a dwelling unit that is not
occupied by the owner, is a residential rental unit. Each individual
townhouse dwelling, each individual apartment unit, each individual
unit in a multifamily building, each individual bed-and-breakfast
establishment, each individual rooming unit, and each individual short-term
lodging accommodation shall be considered a residential rental unit
whether or not the owner or a relative of the owner also resides in
the structure. A residential rental unit includes dwelling units under
lease-purchase agreements or long-term (greater than six months) agreements
for sale. A residential rental unit shall not include a hotel/motel
as defined herein or a hospital room utilized for medical services.
It shall include an institutional facility room, but only as hereinafter
set forth in § 309.
[Amended by Ord. 983, 11/16/2017]
A document issued by the Borough to the owner of a residential
rental unit.
A rooming unit as defined in Chapter 27, Zoning.
[Amended by Ord. 983, 11/16/2017]
A short-term lodging accommodation as defined in Chapter 27, Zoning.
[Added by Ord. 983, 11/16/2017]
Transient occupancy as defined in Chapter 27, Zoning.
[Added by Ord. 983, 11/16/2017]
A person, as defined in this Part, who uses, possesses, or
occupies a dwelling unit or portion thereof for a period of 30 consecutive
calendar days or less.
[Added by Ord. 983, 11/16/2017]
[Ord. 864, 11/17/2005; as amended by Ord. 945, 2/21/2013]
1.Â
It shall be the duty of every owner to:
A.Â
Keep and maintain all residential rental units in compliance with
all applicable codes, ordinances and provisions of all applicable
state laws and regulations, including, but not limited to, the Borough
Zoning Ordinance and Existing Structures and Property Maintenance
Code.
B.Â
Keep and maintain all premises in good and safe condition.
C.Â
Be aware of, and act to eliminate, disruptive conduct in all residential
rental units.
D.Â
Employ policies to and actually manage the residential rental units
under his/her control in compliance with the provisions of this Part,
Borough Ordinances and applicable state laws.
E.Â
Pay or ensure payment of all real estate taxes, sewer charges, water
charges, and trash collection fees to insure that such vital utilities
are provided.
F.Â
Obtain and maintain a residential rental license for each residential
rental unit.
G.Â
Provide the Borough within 10 days of occupancy with the names (excluding
minor children), physical address, and mailing address, if different,
of all tenants of the residential rental unit and notify the Borough
of changes in the occupancy of the residential unit within 10 days
thereof.
[Amended by Ord. 983, 11/16/2017]
H.Â
Provide trash and recyclable collection and disposal services information
and instruct tenants of the method of trash and recyclable collection
(e.g., curbside or dumpster and day of pickup).
I.Â
Take all actions necessary to ensure that each residential rental
unit is occupied by only one family. For the purposes of this paragraph,
a "family" is defined in the Borough Zoning Chapter.
J.Â
Require a written rental license application for each residential
rental unit, as defined in this Part. The names of all permitted occupants
shall be listed on the license application, excluding minor children,
and excluding transient occupants of short-term lodging accommodations
and bed-and-breakfast establishments. Each lease, excluding bed-and-breakfast
establishments and short-term lodging accommodations, shall contain
a provision and notice to the tenant(s) that if the residential rental
license for the leased unit is revoked, the owner shall have the right
to terminate the lease and evict the tenant with 30 days' written
notice and that tenant agrees this procedure does not violate any
part of the Landlord and Tenant Act of Pennsylvania.[1] Further, if the lease is so terminated as a result of
the landlord not complying with the terms of this Part, the tenant
may cure this matter by exhausting available legal remedies provided
for under federal and/or state law.
[Amended by Ord. 983, 11/16/2017]
[1]
Editor's Note: See 68 P.S. § 250.101 et seq.
K.Â
Retain a manager when this Part requires that a manager be designated.
L.Â
When required by the International Residential Code, in all residential
rental units, an approved carbon monoxide alarm shall be installed
outside of each separate sleeping area in the immediate vicinity of
the bedrooms. Carbon monoxide alarms shall be installed in accordance
with the manufacturer's installation instructions.
M.Â
It is the responsibility of the owner of a residential rental unit,
as defined herein, to be compliant with all applicable provisions
of the Elizabethtown Borough Code of Ordinances.
[Added by Ord. 983, 11/16/2017]
2.Â
If the owner has appointed a manager, the manager shall be jointly
responsible to fulfill all of the obligations set forth in § 303
hereof. No owner may relieve himself of the responsibility to perform
the duties set forth in § 303 by appointing a manager.
3.Â
It shall be unlawful for any person to conduct or operate or cause
to be rented either as owner or manager any residential rental unit
within the Borough without having a residential rental license as
required by this Part.
4.Â
It shall be the responsibility of every owner and every manger to
display the residential rental license in the residential rental unit.
The residential rental license shall include the following information:
5.Â
No residential rental license shall be issued to any owner residing
more than 20 miles from the municipal limits of the Borough unless
the owner provides the Borough with the name, mailing address and
telephone number of a manager residing within 20 miles of the municipal
limits of the Borough, authorized to accept service of process on
behalf of the owner. For the purpose of this Section, a post office
box is not acceptable for the manager's address. This designation
shall not be valid unless signed by the owner and the manager designated
to act on behalf of the owner. The owner shall notify the Borough
within 10 days of any change in manager.
[Ord. 864, 11/17/2005]
It shall be the duty of each occupant of a residential rental
unit to:
A.Â
Comply with all obligations of this Part and all applicable Codes
and Borough Ordinances, as well as all state laws and regulations.
B.Â
Conduct himself/herself and require other persons, including, but
not limited to, guests on the premises and within their residential
rental unit with their consent to conduct themselves in a manner that
will not constitute disruptive conduct nor disturb the peaceful enjoyment
of adjacent or nearby dwellings by people occupying the same.
C.Â
Not engage in, nor tolerate, nor permit others on the premises to
cause damage to the residential rental unit or engage in disruptive
conduct, or other violations of this Part, Codes, Borough Ordinances,
or applicable state laws.
D.Â
Use the trash and recyclable collection provided by the owner to
include placing trash out for weekly pickup.
E.Â
Use the residential rental unit for no purpose other than as a residence.
F.Â
Allow the Codes Compliance Official to inspect the residential rental
unit in accordance with this Part at reasonable times.
G.Â
Not allow persons other than those identified on the lease to reside
in the residential rental unit.
H.Â
Not allow the possession of, serving to or consumption of alcohol
by underage persons, nor allow the possession of, providing to or
use of controlled substances by any person in an illegal fashion.
[Ord. 864, 11/17/2005]
1.Â
By December 31 of each calendar year, the owner and, if applicable,
the manager of each residential rental unit shall apply for a residential
rental license from the Borough, which shall be valid from January
1 to December 31 of the following year.
2.Â
The Codes Compliance Official shall issue a residential rental license
if the owner provides the name, address and phone number of a manager
(if applicable), pays the registration fee, submits a complete and
accurate occupant listing for the residential rental units by December
31 of each year and is current on real estate taxes, sewer fees, water
fees and trash collection fees for the residential rental unit.
3.Â
The Codes Compliance Official shall deny and may revoke a residential
rental license if the owner does not provide the name, address and
phone number of a manager (if applicable), does not pay the annual
registration fee, is not current on real estate taxes, sewer fees,
water fees or trash collection fees for the residential rental unit,
does not correct a code violation within the time frame cited by the
Codes Compliance Official, and/or has not complied with any requirements
of this Part.
4.Â
The Codes Compliance Official shall forward written notice to the
owner if the Codes Compliance Official will deny, refuse to renew
or revoke a residential rental license. The notification shall (1)
identify the residential rental unit (2) the grounds for the denial,
nonrenewal or revocation, including the factual circumstances and
the Section of this Part supporting such determination; and (3) inform
the owner of the right to appeal the denial, nonrenewal or revocation
of the residential rental license to Borough Council under this Part.
5.Â
The Codes Compliance Official may reinstate a residential rental
license if the owner or manager corrects the reason for the revocation
of the residential rental license has paid the proper fees and is
otherwise in compliance with this Part and all other applicable rules,
regulations, ordinances and laws.
6.Â
Elizabethtown Borough Council shall be authorized from time to time
to establish by resolution such fees as they determine are necessary
to administer all provisions of this Part.
[Ord. 864, 11/17/2005]
1.Â
Prior to initial occupancy of newly constructed residential rental
units, newly created residential rental units, or substantially rehabilitated
residential rental units, the owner or manager shall register with
and make written application to the Borough for a residential rental
license as herein provided. Such initial inspections will occur in
accordance with a phased-in systematic inspection program to be prepared
and made available upon request by the Codes Compliance Official.
A minimum of 15 days' prior written notice shall be given for
all initial inspections. The penalty for not allowing an inspection
shall be denial of the residential rental license.
2.Â
The Codes Compliance Official shall inspect all other residential
rental units in accordance with a systematic program. The Codes Compliance
Official may also inspect residential rental units upon a change in
occupancy of the residential rental unit, upon receipt of complaints
and for any other reasonable cause.
3.Â
If the Codes Compliance Official, upon completion of the inspection,
finds that the residential rental unit(s) is/are not in compliance
with all applicable codes, the Codes Compliance Official shall issue
notices and, if appropriate, commence enforcement actions under the
procedures set forth in the Code which may include directing the landlord
to begin eviction proceedings against a tenant, but only at the expiration
of any designated time period set forth at § 305(3) with
no cure being accomplished. Notice provided to a manager shall be
deemed notice provided to the owner. The following notices shall be
issued to the owner of the residential rental unit or the manager:
A.Â
If the Codes Compliance Official finds violations warranting condemnation
of the residential rental unit under the Property Maintenance Code,
in addition to the remedies under the Property Maintenance Code, the
Codes Compliance Official shall:
(1)Â
Issue a ten-day notice of violation; and
(2)Â
If after 10 days from the date of the ten-day notice of violation,
a reinspection reveals that the violations are not corrected and arrangements
satisfactory to the Codes Compliance Official have not been made,
the residential rental license for that unit shall be revoked and
if the unit is vacant, it shall remain vacant.
B.Â
If the Codes Compliance Official finds violations not warranting
condemnation of the residential rental unit under the Property Maintenance
Code, the Codes Compliance Official shall issue a thirty-day notice
of violation.
(1)Â
If after 30 days from the date of the thirty-day notice of violation,
the first re-inspection reveals that all violations have not been
corrected, a thirty-day legal action warning shall be issued.
(2)Â
If after 30 days from the date of the thirty-day legal action warning,
the second re-inspection reveals that all violations have not been
corrected, the Codes Compliance Official shall revoke the residential
rental license for that residential rental unit, and if the unit is
vacant, it shall remain vacant.
(a)Â
A fee will be charged for each re-inspection. The Codes Compliance
Official shall maintain a list of all residential rental units and
their ownership that have been the subject of prosecutions during
the previous five years.
[Ord. 864, 11/17/2005]
1.Â
Police officers or Codes Compliance Officials shall investigate alleged
incidents of disruptive conduct. The police officer or Codes Compliance
Official conducting the investigation shall complete a disruptive
conduct report upon a finding that the reported incident constitutes
disruptive conduct. The information filed in the disruptive conduct
report shall include, if possible, the identity of the alleged perpetrator(s)
of the disruptive conduct and the factual basis for the disruptive
conduct described in the disruptive conduct report. A copy of the
disruptive conduct report shall be given or mailed to the occupant
and mailed to the owner and, if applicable, the manager within 10
working days of the occurrence of the alleged disruptive conduct.
2.Â
The occupant or the owner and, if applicable, the manager shall,
if they desire, have 10 working days from the date of a disruptive
conduct report to appeal the disruptive conduct report. The appeal
shall be made in writing and submitted to the Codes Compliance Official.
3.Â
After three disruptive conduct incidents in any twelve-month period
by an occupant documented by disruptive conduct reports, the owner
and, if applicable, the manager shall have 10 working days from the
date of the third disruptive conduct report to begin eviction proceedings
against the occupants. Failure to take such action will result in
the immediate revocation of the residential rental license. The residential
rental unit involved shall not have its residential rental license
reinstated until the reinstatement fee is paid and the disruptive
occupants have been evicted, the district justice has ruled in the
occupant's favor, the district justice has ruled in the owner's
favor, but has not ordered the eviction of the occupant(s), or the
occupants have filed an appeal to a higher court or declared bankruptcy,
thereby preventing their eviction. The disruptive occupants, upon
eviction, shall not re-occupy any residential rental unit on the same
premises involved for a period of at least one year from date of eviction.
This subsection is not intended to limit or inhibit the owner and,
if applicable, the manager's right to initiate eviction actions
prior to the issuance of the third disruptive conduct report in a
twelve-month period.
4.Â
The disruptive conduct report shall count against all occupants of
the residential rental unit. More than one disruptive conduct report
filed against the occupants of a residential rental unit in a twenty-four-hour
period shall count as a single disruptive conduct report for the purpose
of § 306(3). The Codes Compliance Official shall maintain
a list of the names of all occupants evicted as a result of § 306(3).
The names shall remain on the list for a period of three years.
[Ord. 864, 11/17/2005]
A residential rental license shall not be transferred. In the
case of licensed residential rental units that are sold or transferred,
the new owner shall seek a residential rental license for each residential
rental unit and have each residential rental unit inspected. Failure
to seek a residential rental unit license for each residential rental
unit within 30 days of the date of sale or transfer of ownership shall
result in the revocation of the residential rental license.
[Ord. 864, 11/17/2005]
1.Â
Institutional facility rooms shall be subject to the provisions of
this Part, subject, however, to the provisions of this § 309.
2.Â
If an institutional facility has in place a program of control and
inspection for all of its rooms and desires to be exempt from the
provisions of this Part, it may make application to Borough Council.
In doing so, a representative of the institution shall appear before
Borough Council at a meeting thereof and shall establish to Council's
satisfaction that it has in place an adequate program of control and
inspection so as to itself assure compliance with the provisions and
purposes of this Part. The exemption request application shall be
forwarded to Borough Council together with the application fee for
this purpose which shall be established from time to time by resolution
of Borough Council.
3.Â
Borough Council shall grant or deny such request for exemption based
on its sound discretion.
4.Â
If an exemption is granted, Borough Council shall have the absolute
right to revoke same if information is received that the institution's
program of control and inspection is not satisfactory to assure compliance
with the provisions and purposes of this Part.
5.Â
If an exemption is granted, Borough Council shall be forwarded copies
of the internal, or related third party, inspection reports from the
exempted institution in a timely manner as determined solely by Borough
Council.
[Ord. 864, 11/17/2005]
An appeal from any decision of the Codes Compliance Official
shall be taken to Borough Council. Such appeal shall be made in writing
within 10 days after such decision has been made. The appeal shall
be verified by an affidavit, shall state the grounds therefor and
shall be filed with the Borough Secretary. The appeal shall be accompanied
by the appeal fee which shall be established from time to time by
this Part or by resolution of Borough Council. The appellant or his
representative shall have the right to appear and be heard, if such
right is requested in the written appeal. Borough Council shall make
a decision on such appeal within 10 days of the hearing. Borough Council
shall render a written decision, copies of which shall be provided
to the Codes Compliance Official and the appellant.
[Ord. 864, 11/17/2005]
1.Â
Violations. It shall be a violation of this Part to commit or to
permit any other person to commit any of the following acts:
A.Â
To lease, let, or allow the occupancy of a residential rental unit
without obtaining a residential rental license where required by this
Part.
B.Â
To refuse to permit inspections required under this Part for a residential
rental unit.
C.Â
To fail to perform the duties established by § 303 of this
Part if such person is an owner or a manager of a residential rental
unit.
D.Â
To fail to perform the duties established by § 304 of this
Part if such person is an occupant of a residential rental unit.
E.Â
To place false information on to or omit relevant information from
an application for a residential rental unit.
F.Â
To fail to comply with any other provision of this Part.
2.Â
Penalties and Remedies.
A.Â
Allowing Occupancy of a Residential Rental Unit After the Residential
Rental License Has Been Revoked. A fine of not less than $500 per
residential rental unit for each month the violation exists. Each
month the violation exists constitutes a separate violation.
B.Â
Failure to Seek a Residential Rental License. The owner or manager
shall be sent a thirty-day notice of violation, warning them of their
failure to comply with the terms of this Part. If they do not comply
at the end of 30 days, there shall be a fine of not less than $500
per residential rental unit for each month the violation exists. Each
month the violation exists constitutes a separate violation.
C.Â
Whoever violates any other provision of this Part shall upon a first
offense be fined not more than $1,000 or be imprisoned not more than
30 days, or both.
D.Â
In addition to prosecution of persons violating this Part, the Codes
Compliance Official, or any duly authorized agent of the Borough,
may take such civil or equitable remedies in any court of record of
the Commonwealth of Pennsylvania, against any person or property,
real or personal, to effect the provisions of this Part.
E.Â
The provisions of this Section and the provisions of this Part governing
revocation, suspension or nonrenewal of residential rental licenses
shall be independent, nonmutually exclusive, separate remedies, all
of which shall be available to the Borough as may be deemed appropriate.
The remedies and procedures in this Part are not intended to supplant
or replace, to any degree, the remedies provided to the Borough in
the Property Maintenance Code, Zoning Ordinance or any other Code,
law, rule or regulation.
