[Ord. 320, 8/13/2013; as amended by Ord. No. 350, 8/11/2020]
1.
The Borough has determined that non-owner-occupied dwelling units
are frequently maintained at a standard significantly lower than owner-occupied
dwelling units and that the failure to maintain those units can and
frequently does result in dwelling units which are unsafe, unsanitary
and, in many instances, not maintained to the minimum standards required
by the various applicable codes in effect in the Borough of Middleburg
from time to time. Therefore, the Borough Council finds it to be desirable
and in the public interest to enact the following provisions.
2.
The purpose of this Part 5 and the policy of the Borough of Middleburg
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 units within the community. As a means to these ends, this
Part 5 provides for a regular inspection and permit program for rental
units and penalties for noncompliance.
[Ord. 320, 8/13/2013; as amended by Ord. No. 350, 8/11/2020]
The following words and phrases, as used in this Part 5, shall have the meanings ascribed to them in this section, unless the context indicates a different meaning. Where terms are not defined in this section, such terms shall have ordinarily accepted meanings as interpreted by the Code Official by use of definitions provided in the codes and standards as contained in the Codified Ordinances of the Borough of Middleburg.
The Borough of Middleburg
The official Code book of the Borough of Middleburg and all
the local, legally binding codes, standards and ordinances governing
the Borough.
A report to be completed and signed by the owner if a change
in tenant occurs after a rental unit inspection is completed and all
inspection issues are resolved but prior to the next required rental
inspection date.
Any structure occupied or intended for supporting or sheltering
any occupancy. For application of this Part 5, each portion of a building
which is completely separated from other portions by fire walls complying
with the Building Code shall be considered as a separate building.
Any code or ordinance adopted, enacted and/or in effect in
the Borough of Middleburg concerning fitness for habitation or the
construction, maintenance, operation, occupancy, use or appearance
of any buildings, structure and/or lots of ground regulated by this
Part 5.
The person or persons authorized by the Borough to determine
compliance with the provisions of this Part and to enforce the same,
including, without limitation, the Borough Zoning Officer and Property
Code Officer as appointed or employed from time to time.
A single unit providing complete, independent living facilities
for one or more persons, including provisions for living, sleeping,
eating, cooking and sanitation.
A report prepared by the Code Official as a result of a rental
unit inspection, which details whether the rental unit complies with
all the provisions of applicable laws, regulations and codes.
Any building containing one or more dwelling units which
provide for complete, independent living facilities for one or more
persons, including provisions for living, sleeping, eating, cooking
and sanitation.
The purpose for which a building, or portion thereof, is
used.
Any person, agent, operator, firm, corporation, partnership,
limited liability company, limited liability partnership, association,
other entity, property management group, or fiduciary holding or having
legal, equitable or other interest in any real property or otherwise
having control of executor or administrator of such person's estate.
When used in this Part in a clause proscribing any activity or imposing
a penalty, the term as applied to corporations, partnerships, limited
liability companies, limited liability partnerships, associations,
other entities, or property management groups shall include each and
every member, shareholder, partner (limited or general), director,
officer and other individual having an interest in the entity, controlling
or otherwise. This term shall not include a tenant.
A lot, plot or parcel of land, including any structures thereon.
The person listed as the owner of such real estate property
as named on any title, deed, Snyder County tax record or Middleburg
Borough tax records.
Areas or portions of a rental property that are used or occupies
primarily by the property owner.
A system approved by the Code Official or the Emergency Management
Coordinator of the Borough that provides emergency access to a property
for the Fire Department only in the event of a fire, rescue or other
potentially life-threatening or property-threatening situation. The
system consists of a rapid-entry key box and/or a rapid-entry padlock.
The system is not to be used for any unlawful entry to the property
or for the purpose of performing inspections without proper consent
unless the owner is present and consents to such inspection or unless
a legal search warrant has been issued.
A legal agreement between the owner and tenant embodying
the terms and conditions concerning the use and occupancy of the rental
unit.
A document issued by the Code Official to the property owner
of a rental unit under this Part 5, which is required for the lawful
rental and occupancy of any rental dwelling, buildings or structures.
A residential premises, property or portion of either that
contains one or more rental units.
[Amended by Ord. No. 360, 10/11/2022]
Any residential dwelling unit that is not occupied by the
property owner, unless the occupant is a parent, child or grandchild
of the property owner, which is rented on a minimum of a monthly basis.
[Amended by Ord. No. 360, 10/11/2022]
A form supplied by the Borough and submitted by the property
owner of a rental unit under this Part 5, which is required for the
lawful rental and occupancy of any rental dwelling, buildings or structures.
[Added by Ord. No. 360, 10/11/2022]
Any individual that occupies a rental unit.
[Ord. 320, 8/13/2013; as amended by Ord. No. 350, 8/11/2020; and by Ord. No. 360, 10/11/2022]
It shall be unlawful for the owner of any dwelling to operate
the dwelling, or any part of it, as a rental unit, or to represent
to the general public that the dwelling, or any part of it, is available
for occupancy as a rental unit, unless the owner has submitted a residential
rental application/permit to the Borough in the name of the property
owner for the specific rental unit.
[Ord. 320, 8/13/2013; as amended by Ord. No. 350, 8/11/2020; and by Ord. No. 360, 10/11/2022]
The property owner of each rental property shall submit a residential
rental application/permit for each unit along with the annual rental
fee. The residential rental application/permit shall be valid for
one calendar year.
[Ord. 320, 8/13/2013; as amended by Ord. No. 350, 8/11/2020; and by Ord. No. 360, 10/11/2022]
1.
The owner shall provide the following information to the Borough
via completion of a residential rental application/permit:
A.
The name, address, phone number(s) and email address, if available,
of each owner and/or local designated agent of the premises.
B.
The address of the premises.
C.
The owner will complete a separate residential rental application/permit
for each rental unit.
D.
The name and phone number of each occupant of the rental unit.
E.
If the rental is a multiunit rental, then a layout showing the location
of each dwelling unit within each building on the premises and the
interior floor plan of each dwelling unit must be supplied.
2.
The owner shall update the Borough with 15 calendar days of any change in the occupant information and complete/sign a Borough Compliance Checklist. If the owner fails to notify the Borough within 15 days, the Code Official may take the appropriate recourse under § 5-515, Remedies, and § 5-518, Violations and Penalties.
[Ord. 320, 8/13/2013; as amended by Ord. No. 350, 8/11/2020; and by Ord. No. 360, 10/11/2022]
2.
The owner shall provide to the Borough the name, mailing address,
actual street address and telephone number(s) of the local agent.
3.
Exception. The local agent referred to in this section may reside
more than 40 miles and up to 100 miles from the Borough of Middleburg
if the owner provides a rapid-entry key system as approved by the
Code Official.
4.
The owner may serve as the local agent if the owner complies with
this section.
5.
The Code Official shall determine whether a proposed local agent
satisfies the requirements of this section.
6.
The owner of the rental property shall notify the Borough of any
change in the identity of the local agent with 15 calendar days of
the change.
[Ord. 320, 8/13/2013; as amended by Ord. No. 350, 8/11/2020; and by Ord. No. 360, 10/11/2022]
1.
The owner shall provide verification that each rental unit complies
with all the provisions of applicable laws, regulations and codes.
This verification shall be accomplished by either:
A.
Written certification from a Pennsylvania-licensed architect or Pennsylvania-licensed
engineer that states that each rental unit complies with all the provisions
of applicable laws, regulations and codes; or
B.
An inspection conducted, at the request of the owner, by the Code
Official to ascertain compliance with this Part 5 and all applicable
laws, regulations and codes. The owner shall pay for the cost of the
inspection in accordance with the applicable fee schedule, which Council
shall establish by periodic resolution.
2.
If a rental does not comply with all applicable laws, regulations
and codes, the certification or inspection report, as applicable,
shall specify the manner in which and laws, regulations and codes
with which each unit fails to comply.
3.
A residential rental application/permit shall not be renewed until
verification of rental unit compliance is achieved by one of the methods
listed in this section.
[Ord. 320, 8/13/2013; as amended by Ord. No. 350, 8/11/2020; and by Ord. No. 360, 10/11/2022]
The owner shall pay a fee for each inspection to the Code Official
at the time of inspection. The annual residential rental application/permit
fee must be paid upon submission to the Borough. The fees for inspection
and residential rental application/permit shall be established by
periodic resolution of Borough Council.
[Ord. 320, 8/13/2013; as amended by Ord. No. 338, 4/9/2019; by Ord. No. 350, 8/11/2020; and by Ord. No. 360, 10/11/2022]
1.
Annual Application/Permit Renewal. All residential rental application/permit shall be renewed by the first day of February of each calendar year, otherwise a late fee of $20 shall be imposed. If the fees are not paid by first day of March of that calendar year, the residential rental application/permit shall be revoked. The submission of an annual residential rental application/permit does not restrict the requirement for a rental inspection pursuant to Subsection 2 below, or the Code Official's ability to revoke the residential rental application/permit should the Code Official determine that a violation exists.
2.
Inspection. Residential rental unit inspections shall be completed
by the last day in June of the calendar year in which an inspection
is required, as determined below:
A.
All units shall be inspected every three years. All units which fail
an inspection and pass a reinspection by the date noted on the inspection
report shall continue the three-year inspection cycle with the goal
of safety having been achieved.
3.
The Code Official shall record the inspection findings on a written
inspection report.
4.
Transfer of Property Ownership. If at any time during the residential
rental application/permit year all current property owners of any
rental unit change, then the residential rental application/permit
shall expire, and the new property owner(s) shall comply with all
provisions of this Part. If this transfer occurs within 90 days prior
to the annual renewal date, the application/permit shall be valid
for the reminder of the calendar year, plus the following calendar
year.
[Ord. 320, 8/13/2013; as amended by Ord. No. 350, 8/11/2020; and by Ord. No. 360, 10/11/2022]
1.
The owner shall notify the Borough, in writing, of any change of a portion of a dwelling from property-owner-occupied to non-property-owner-occupied, which transforms that portion of the dwelling into a rental unit. The property owner must complete a residential rental application/permit per § 5-505, Rental Property Information, and make payment of the annual rental fee per § 5-508, Fees.
2.
The owner shall comply with the provisions of this Part 5 not less
than 30 calendar days before the projected date of rental unit occupancy.
3.
The residential rental application/permit shall be valid for one
calendar year, unless the application/permit is submitted with 90
days prior to the annual renewal date, in which case the application/permit
shall be valid for the remainder of the calendar year, plus the following
calendar year.
[Ord. 320, 8/13/2013; as amended Ord. No. 350, 8/11/2020; and by Ord. No. 360, 10/11/2022]
1.
Neither the Borough of Middleburg nor any employee thereof assumes
liability for the accuracy or quality of any inspection report regarding
the condition of any property inspected pursuant to this Part 5 at
the request of the owner.
2.
The issuance of any residential rental application/permit, certificate
or approval under this Part 5 shall not be construed to represent
any warranty or guaranty by or on behalf of the Borough of Middleburg,
including that the property is:
A.
Completely safe or free of any dangers or hazards to occupants or
general public.
B.
Completely free and clear of any violations of this Part 5 or any
other codes.
C.
Completely free and clear of any defects related to any structural,
fire protection, fire prevention, building utilities or any other
features of the property.
[Ord. 320, 8/13/2013; as amended by Ord. No. 350, 8/11/2020]
[Ord. 320, 8/13/2013; as amended by Ord. No. 350, 8/11/2020]
1.
The owner and tenant may not include any terms or conditions in the
rental agreement which are prohibited by this Part 5 or other applicable
ordinances, regulations or laws.
2.
Except as otherwise provided by this Part 5, no rental agreement may provide that the owner or tenant agrees to waive or forego rights or remedies under this Part 5. A provision prohibited by this subsection included in the rental agreement is hereby declared unenforceable and shall be grounds for denial of any approvals, certificates or permits requested or required under this Part 5.
[Ord. 320, 8/13/2013; as amended by Ord. No. 350, 8/11/2020]
In interpreting and applying the provisions of this Part 5,
they shall be held to be the minimum requirements for the promotion
of the public health, safety, morals and general welfare. Where the
provisions of this Part 5 impose greater restrictions than those of
any other ordinances or regulation, the provisions of this Part 5
shall control. Where the provisions of any statute, other ordinance
or regulation impose greater restrictions than this Part 5, the provisions
of such statute, other ordinance or regulation shall control.
[Ord. 320, 8/13/2013; as amended by Ord.
No. 338, 4/9/2019; and by Ord. No. 350, 8/11/2020]
1.
This chapter is not intended, nor shall its effect be, to limit any
other enforcement remedies which may be available to the Borough relating
to the abatement of nuisances or correction of violations.
2.
If at any time during an inspection pursuant to § 5-509, or any other lawful inspection, the Code Official determines that there is a violation of this Part 5, or a violation of the property maintenance code adopted by the Borough which renders the rental uninhabitable, the Code Official may revoke the rental permit.
3.
If any violation of this chapter occurs, the Code Official may, in
addition to other remedies, institute in the name of the Borough any
appropriate action or proceedings to prevent, restrain, correct or
abate the violation.
4.
Any expenses incurred by the Borough while enforcing this chapter
shall be recoverable from the property owner, together with a penalty
of 10% of such expense, in a manner provided by law for the collection
of municipal claims. In addition, the offender shall be subject to
all other penalties provided in this chapter.
5.
The owner, occupant, tenant or person in charge of any property or
rental unit possesses the right to deny entry into any property or
rental unit by a Code Official for purposes of compliance with this
chapter. However, nothing in this chapter shall prohibit a Code Official
from doing any or all the following:
A.
Asking an owner, occupant, tenant or person in charge of a property
or rental unit for permission to inspect the property or rental unit
for compliance with this chapter and all other applicable laws, regulations
and codes. The cost of such inspection will be the burden of the property
owner.
B.
Getting a search warrant, based on probable cause, to enter the property
or rental unit.
C.
Entering the property or rental unit in the case of emergency circumstances
requiring expeditious action.
[Ord. 320, 8/13/2013; as amended by Ord. No. 350, 8/11/2020]
Requirements necessary for the strength, stability or proper
operation of an existing fixture, structure or equipment, or for the
public safety, health and general welfare of the occupants, not specifically
covered by this Part 5, shall be determined by the Code Official in
accordance with all other applicable codes and laws.
[Ord. 320, 8/13/2013; as amended by Ord. No. 350, 8/11/2020; and by Ord. No. 360, 10/11/2022]
The owner may appeal a decision of the Code Official to the
Board of Appeals by submitting written notice of appeal to the Borough
Administrator within 20 days of the date of the decision by the Code
Official.
1.
The Code Official shall provide the property owner with a copy of the inspection report, which report shall constitute a notice of violation under this section. The property owner must remedy all violations identified in the inspection report by the date noted in the inspection report by the Code Official. Failure to remedy the violation will result in penalties outlined in Subsection 2, below. Nothing in this chapter should be construed to prevent the Code Official from issuing a separate notice of violation for any and all code violations observed during the inspection.
2.
Whoever violates or fails to comply with any of the provisions of
this chapter, or any provision of any rule or regulation adopted by
the Borough, or by the Code Official pursuant to authority granted
by this chapter, or fails to correct, within the time set by the Code
Official, the defects for which a dwelling has been cited shall be
fined not less than $300 nor more than $1,000 or imprisoned not more
than 30 days in the county jail, or both such fine and imprisonment.
A separate offense shall be deemed committed each day during or on
which a violation or noncompliance occurs or continues.
[1]
Editor's Note: This ordinance also repealed former §
5-519, Disclaimer, Ord. 320, 8/13/2013, which immediately followed
this section.
