[HISTORY: Adopted by the Council of the Borough of Lititz
as indicated in article histories. Amendments noted where applicable.]
[Adopted 6-25-2013 by Ord. No. C-523, approved 6-25-2013]
The purpose of this article and the policy of the Borough of
Lititz 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 article provides for a systematic inspection program, registration
and licensing of residential rental units, and penalties. In considering
the adoption of this article, the Borough makes the following findings:
A.
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.
B.
The Borough is concerned with the condition of a property when EMS
responds and for the safety of the EMS responders and general safety
of the occupants.
C.
The Borough is unaware of the exact number of tenant-occupied residences,
with knowledge of such used for the accountability and safety of the
occupants and owner/manager.
D.
Borough records indicate there are a greater number of disturbances
at residential rental units than at owner-occupied units.
Unless otherwise expressly stated, the following terms shall,
for the purpose of this article, have meanings indicated as follows:
The Borough of Lititz, Lancaster County, Pennsylvania.
A person designated by Borough Council to enforce this article,
including performance of inspections, issuance of residential rental
licenses and issuance of citations.
Any state or local code or ordinance adopted, enacted or
in effect in and for the Borough, including, but not limited to, the
Building Code, the Property Maintenance Code, the Zoning Ordinance,
trash collection, and general nuisance ordinances.
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, 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 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 police officer shall
investigate and make a determination that such did occur and keep
written records, including a disruptive conduct report, of such occurrences.
A written report of disruptive conduct to be completed by
a police officer who actually investigates an alleged incident of
disruptive conduct and which shall be maintained by the Code Enforcement
Officer.
A person retained by an owner to be responsible for one or
more residential rental units within the Borough.
Any person over one year of age living and sleeping in a
residential rental unit or having actual possession of said residential
rental unit.
The person who holds record title and/or the equitable owner
under an agreement of sale of a property upon which a residential
rental unit is erected or maintained. If more than one person owns
the residential rental unit as joint tenants, tenants in common, tenants
by the entireties, or tenants in co-partnership, each such person
shall be considered an owner and shall have all of the duties of an
owner under this article.
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 corporation.
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 Borough Property Maintenance Code, adopted as the International
Property Maintenance Code of 2009, and any future amendments.
A document issued by the Code Enforcement Officer to the
owner of a residential rental unit.
A rooming unit; or a dwelling unit let for rent; or a residential
unit occupied by any persons other than one occupied solely by the
owner and members of the owner's family. Each individual townhouse
dwelling, each individual apartment unit, each individual unit in
a multifamily building, and each rooming unit shall be considered
a separate residential rental unit. If a structure contains a rooming
unit or if any portion of the structure is let for rent, it 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 shall not include a hotel unit, excepting, to the extent
permitted by applicable federal and state law, units occupied by the
same person or persons for 30 or more consecutive days. A residential
rental unit includes dwelling units under lease-purchase agreements
or long-term (greater than six months) agreements of sale.
A portion of a dwelling unit including any room or group
of rooms forming a single habitable unit used or intended to be used
for living and sleeping but not for cooking purposes. Granting of
permission to use shared or common cooking facilities may be associated
with the leasing of a rooming unit.
A.
It shall be the duty of every owner to:
(2)
Keep and maintain the premises in good and safe condition.
(3)
Be aware of, and to act to eliminate, disruptive conduct in all residential
rental units under his/her control.
(4)
Employ policies to and manage the residential rental units under
his/her control in compliance with the provisions of this article
and all applicable federal, state and local laws, ordinances and regulations.
(5)
Pay or ensure payment of all real estate taxes, sewer rates, water
rates, and trash collection fees to ensure that such vital utilities
are provided.
(6)
Obtain and maintain a residential rental license from the Borough
for each residential rental unit.
(7)
Within 30 days of a new occupancy of any residential rental unit
or upon a change of occupancy or a change in the number of occupants,
provide the Borough with the names of all occupants of the residential
rental unit.
(8)
Provide trash and recyclable collection and disposal services and
instruct occupants of the method of trash and recyclable collection
(e.g., curbside or dumpster) and, if applicable, the day of the week
for trash and recyclable pickup.
(9)
Provide each occupant with a disclosure statement containing the
requirements of this article. Providing a copy of this article to
each occupant will satisfy this requirement.
(10)
Take all actions necessary to ensure that each residential rental
unit is occupied by a "family," as defined by the Lititz Borough Zoning
Ordinance.
(11)
Require a written rental agreement for each residential rental unit,
which shall contain the names of all permitted occupants.
(12)
Retain a manager when this article requires that a manager be designated.
C.
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 article.
D.
It shall be the responsibility of every owner and every manager to
display the residential rental license in the residential rental unit.
(1)
The residential rental license shall include the following information:
(a)
The name, mailing address and telephone number of the owner
or manager.
(b)
The evenings on which garbage and recycling are to be placed
curbside for collection.
(c)
The telephone number to call to register complaints regarding
the physical condition of the residential rental unit.
(d)
The telephone number for emergency police, fire and medical
services.
(e)
The date of expiration of the residential rental license.
(f)
A summary of the owner's and occupant's duties under
this article.
(2)
A small ID or sticker shall be displayed in a conspicuous window
by the front door to provide contact information for the property
owner/manager for use by EMS/police.
E.
No residential rental license shall be issued to any owner residing
more than 50 miles from the municipal limits of the Borough unless
the owner provides the Code Enforcement Officer with the name, mailing
address and telephone number of a manager, residing within the fifty-mile
radius, authorized to accept service of process on behalf of the owner.
For the purpose of this subsection, 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 Code Enforcement Officer
within 30 days of any change in manager.
A.
All property owned by the county or any housing authority created
by the county which is inspected annually by those agencies to assess
conformance with federal standards, or properties that are inspected
annually for compliance with the requirements of the United States
Department of Housing and Urban Development or the Pennsylvania Housing
Finance Agency, regardless of the occupants, shall be exempt from
the licensing provisions of this article.
B.
Dormitories located within a school facility or use and all nursing
home facilities and associated cottages are exempt from licensing/inspections.
C.
If, in response to a complaint, an exempt unit is found to be in
violation of a code, the owner and, if applicable, the manager shall
correct the violation(s) within the time frame cited by the Code Enforcement
Officer. If the violation(s) is/are not corrected within a timely
manner, the unit shall lose its exemption until the violation(s) is/are
corrected. If three verified complaints are received in any twelve-month
period, the unit shall lose its exemption from the requirement to
obtain a license for a period of five years.
Each occupant of a residential rental unit shall have the following
duties:
A.
Comply with all obligations of this article and all applicable federal,
state and local laws, ordinances and regulations.
B.
Conduct himself/herself and require other persons, including, but
not limited to, guests on the premises and within his/her residential
rental unit with his/her consent, to conduct themselves in a manner
that will not disturb the peaceful enjoyment of the premises by others
and that will not disturb the peaceful enjoyment of adjacent or nearby
dwellings by people occupying the same.
C.
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 article, codes, Borough ordinances,
or applicable state laws.
D.
Use the trash and recyclable collection services provided by the
owner.
E.
Use the residential rental unit for no purpose other than as a residence.
F.
Maintain the residential rental unit in a manner meeting all requirements
for occupants of structures set forth in this article.
G.
Allow the Code Enforcement Officer to inspect the residential rental
unit at reasonable times.
H.
Not allow persons other than those identified on the residential
rental agreement to reside in the residential rental unit.
I.
Not allow the residential rental unit to be occupied in a way that
conflicts with the Borough Zoning Ordinance.
A.
Police officers shall investigate alleged incidents of disruptive
conduct. The police officer 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.
B.
The occupant or the owner and, if applicable, the manager shall 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 Code Enforcement Officer.
C.
After three documented disruptive conduct incidents by an occupant
in any twelve-month period, the property owner's rental license
shall be revoked unless proof is provided that the eviction process
is started and being diligently pursued by the owner or manager.
D.
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 § 94-6.
A.
Within three months of adoption of this article, the owner and, if
applicable, the manager of each residential rental unit shall apply
for a residential rental license with the Code Enforcement Officer,
which shall be valid for one year. Within three months of receiving
a rental license, the first inspection shall be scheduled. The property
owner/manager shall apply yearly for a rental license.
B.
The Code Enforcement Officer shall issue 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 unit by the registration
deadline of each year and is current on real estate taxes and sewer/water/trash
fees for the residential rental unit.
C.
The Code Enforcement Officer 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 and water
rates or trash collection fees for the residential rental unit, does
not submit a complete and accurate occupant listing for the residential
rental unit upon the renewal date or within one month after a change
in the identity of the occupants of the residential rental unit, does
not correct a code violation within the time frame cited by the Code
Enforcement Officer, and/or has not complied with the disruptive conduct
provisions of this article.
D.
The Code Enforcement Officer shall deny and may revoke a residential
rental license if the following occur within the licensed residential
rental unit or on the premises:
(1)
Failure to abate any violation of this article or any code violation
noted in the rental housing inspection form within the time specified
in the notice of violation, unless an appeal is pending.
(2)
Occurrence of three violations of this article and/or of any other
Borough codes or ordinances that apply to the residential rental unit
or premises during the term of the license. Before an occurrence may
be considered a violation, there must be either:
E.
The Code Enforcement Officer shall forward written notice to the
owner if the Code Enforcement Officer will deny, refuse to renew or
revoke a residential rental license. The notification shall:
(1)
Identify the residential rental unit;
(2)
Include the grounds for the denial, nonrenewal or revocation, including
the factual circumstances and the section of this article supporting
such determination; and
(3)
Inform the owner of the right to appeal the denial, nonrenewal or
revocation of the residential rental license to the Borough Council
under this article.
F.
The Code Enforcement Officer may reinstate a residential rental license
if the owner or manager corrects the reason for the revocation of
the residential rental license and has paid the residential rental
license reinstatement fee.
Prior to initial occupancy of newly constructed residential
rental units, newly created residential rental units, or substantially
rehabilitated residential rental units (as documented by a certificate
of occupancy), the owner or manager shall register with and make written
application to the Code Enforcement Officer for a residential rental
license as herein provided.
A.
Initial inspections will occur in accordance with a phased-in, systematic
inspection program to be prepared and made available upon request
by the Code Enforcement Officer. A minimum 30 days' written notice
shall be given for all initial inspections. The penalty for not allowing
an inspection shall be revocation of the residential rental license.
B.
The Code Enforcement Officer shall inspect residential rental units
after completion of the initial inspections under this article in
accordance with a systematic program. The Code Enforcement Officer
may also inspect residential rental units upon a change in occupancy
of the residential rental unit, upon receipt of complaints, upon the
occurrence of disruptive conduct at such residential rental unit,
or for any other reasonable cause.
C.
If the Code Enforcement Officer, upon completion of the inspection,
finds that the applicable codes have not been met, the Code Enforcement
Officer shall issue notices and, if appropriate, commence enforcement
actions under the procedure set forth in the code which has been violated.
The following notices shall be issued to the owner of the residential
rental unit or the manager. Notice provided to a manager shall be
deemed notice provided to the owner.
(1)
If the Code Enforcement Officer finds violations warranting condemnation
of the residential rental unit under this article, in addition to
the remedies under this article, the Code Enforcement Officer shall:
(a)
Issue a ten-day notice of violation; and
(b)
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 Code Enforcement Officer have not been made, the
residential rental license for the residential rental unit shall be
revoked until the issue has been satisfactorily resolved; and if the
residential rental unit is vacant, it shall remain vacant.
(2)
If the Code Enforcement Officer finds violations not warranting condemnation
of the residential rental unit under this article, the Code Enforcement
Officer shall issue a thirty-day notice of violation.
(a)
If, after 30 days from the date of the thirty-day notice of
violation, the first reinspection reveals that all violations have
not been corrected, the Code Enforcement Officer shall issue a second
thirty-day notice of violation.
(b)
If, after 30 days from the date of the second thirty-day notice
of violation, a second reinspection reveals that all violations have
not been corrected, the Code Enforcement Officer shall revoke the
rental license for the rental unit; and if the residential rental
unit is vacant, it shall remain vacant.
D.
A fee will be charged for the initial inspection and for each reinspection.
The Code Enforcement Officer shall maintain a list of all residential
rental units and their ownership that have been the subject of prosecution
during the preceding five years.
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 secure a residential rental license for each residential
rental unit and have each residential rental unit inspected. Failure
to secure a residential rental license for each residential rental
unit within 60 days of the date of sale or transfer of ownership shall
result in the revocation of the residential rental license.
A.
An appeal from any decision of the Code Enforcement Officer shall
be taken to the Borough Council. Such appeal shall be made in writing
within 10 working 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 by ordinance
or resolution of the 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. The Borough Council shall make a decision on
such appeal within 45 days. The Borough Council shall render a written
decision, copies of which shall be provided to the Code Official and
the appellant.
B.
Any person aggrieved by any decision of a police officer or Code Enforcement Officer in regard to a police incident report or the revocation of a residential rental license may appeal to the Borough Council in accordance with the provisions of Subsection A above. Such appeal must be filed, in writing, within 10 working days from the date of the report or notice of revocation.
A.
Violations. It shall be a violation of this article to commit or
to permit any other person to commit any of the following acts:
(1)
To lease, let, or allow the occupancy of a residential rental unit
without obtaining a residential rental license where required by this
article.
(2)
To refuse to permit inspections required under this article for a
residential rental unit.
(3)
To fail to perform the duties established by § 94-3 of this article if such person is an owner or a manager of a residential rental unit.
(4)
To fail to perform the duties if such person is an occupant of a
residential rental unit.
(5)
To place false information on or to omit relevant information from
an application for a residential rental license.
(6)
To fail to comply with any other provision of this article.
B.
Penalties and remedies.
(1)
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.
(2)
Failure to secure a residential rental license:
(a)
The owner or manager shall be sent a thirty-day notice of violation,
warning him/her of his/her failure to comply with the terms of this
article. If he/she does 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 is considered
a separate violation.
(3)
Whoever violates any other provision of this article shall, upon
a first offense, be fined not more than $1,000 or imprisoned not more
than 30 days, or both.
(4)
In addition to prosecution of persons violating this article, the
Code Enforcement Officer, 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 article.
(5)
The provisions of this section and the provisions of this article
governing revocation, suspension or nonrenewal of residential rental
licenses shall be independent, non-mutually-exclusive, separate remedies,
all of which shall be available to the Borough as may be deemed appropriate.
The remedies and procedures in this article 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.
(6)
Where there are three documented disruptive conduct reports within
a twelve-month period and if the eviction process is started and being
diligently pursued by an owner or manager, no further enforcement
by the Borough will occur regarding this residential rental unit during
the eviction process.
