[Ord. 2015-02, 2/24/2015]
This Part shall be known as the Borough of Mifflinburg "Residential
Rental Unit Ordinance."
[Ord. 2015-02, 2/24/2015]
1.
It is the purpose of this Part and the policy of the Council of the
Borough of Mifflinburg, in order to protect and promote the public
health, safety and welfare of its citizens, to establish rights and
obligations of owners and occupants relating to the rental of certain
residential rental units in the Borough of Mifflinburg and to encourage
owners and occupants to maintain and improve the quality of rental
housing within the community. It is also the policy of the Borough
that owners, managers and occupants share responsibilities to obey
the various codes adopted to protect and promote public health, safety
and welfare. As a means to those ends, this Part provides for a system
of inspections, issuance and renewal of rental licenses and sets penalties
for violations. This Part shall be liberally construed and applied
to promote its purposes and policies. In considering the adoption
of this Part, the Borough of Mifflinburg makes the following findings.
2.
In recent years, many formerly private homes have been turned into
residential rental units. Those rental units have oftentimes been
rented to individuals who, because they have no ownership interest
in the property, have allowed the properties to deteriorate. In many
cases, the owners of the properties live long distances from the Borough
of Mifflinburg. As a result, property maintenance of many rental units
in the Borough of Mifflinburg has been somewhat lax. In addition,
problems have occurred because many tenants, because they have no
ownership interest in the real estate, have not been concerned about
following the codes of the Borough of Mifflinburg, including codes
which govern maintenance and safety of the property. This, in turn,
has caused problems for other home owners near the rental units. In
addition, there is a greater incidence of violation of various codes
of the Borough of Mifflinburg in residential rental properties where
owners rent properties to tenants.
[Ord. 2015-02, 2/24/2015]
As used in this Part, the following terms shall have the meanings
indicated:
The Borough of Mifflinburg, Union County, Pennsylvania.
Any code or ordinance adopted, enacted or in effect in and
for the Borough concerning fitness for habitation or the construction,
maintenance, operation, occupancy, use or appearance of any premises
or residential rental unit. Included within, but not limited by, this
definition are the following which are in effect as of the date of
the enactment of this Part:
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 Code Official and Property
Code Officer as appointed, contracted with or employed from time to
time.
Any open area within a structure shared by occupants or that
the occupants have the right to share including, but not limited to,
kitchens, bathrooms, living rooms, dining rooms, attics, basements
and any room used for parties, social events or the congregation of
people, except bedrooms.
The Pennsylvania Crimes Code (18 Pa.C.S.A. § 101
et seq.) as amended from time to time.
Any form of conduct, action, incident or behavior perpetrated,
caused or permitted by any occupant or guest of a residential rental
unit that is so loud, untimely (as to hour of the day), offensive,
riotous or that otherwise disturbs other persons of reasonable sensibility
in their peaceful enjoyment of their premises such that a report is
made to police, the Code Official or both complaining of such conduct,
action, incident or behavior. 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 a person
to have perpetrated, caused or permitted the commission of disruptive
conduct, as defined herein; provided, however, that no disruptive
conduct shall be deemed to have occurred unless the Code Official
or police shall investigate and make a determination that such did
occur, and keep written records, including a disruptive conduct report,
of such occurrence.
A written report of disruptive conduct completed by the Code
Official or police who actually investigates an alleged incident of
disruptive conduct and which shall be maintained by the Code Official.
The place where a person has his/her permanent principal
home to which he/she returns or intends to return.
The Pennsylvania Controlled Substance, Drug, Device and Cosmetic
Act (35 P.S. § 780-101 et seq.), as amended from time to
time.
A person on the premises with the actual or implied consent
of an occupant.
One or more persons, jointly or severally, in whom is vested
all or part of the legal title to the premises or all or part of the
beneficial ownership and a right to the present use and enjoyment
of the premises, including a mortgage holder in possession of a residential
rental unit. Same as "owner."
The Landlord and Tenant Act of 1951, 68 P.S. § 250.101,
et seq.
The Pennsylvania Liquor Code (47 P.S. § 1-101 et seq.), as amended from time to time.
An adult individual designated by the owner of a residential
rental unit.
An individual who resides in a residential rental unit, whether
or not he or she is the owner thereof, with whom a legal relationship
with the landlord is established by a rental agreement or by the laws
of the Commonwealth of Pennsylvania. Same as "tenant".
One or more persons, jointly or severally, in whom is vested
all or part of the legal title to the premises or all or part of the
beneficial ownership and a right to the present use and enjoyment
of the premises, including a mortgage holder in possession of a residential
rental unit. Same as "landlord."
A residential rental unit in which the owner resides on a
regular, permanent basis.
A natural person, partnership, corporation, unincorporated
association, limited partnership, limited liability company, trust
or any other entity.
The Police Department of the Borough or any properly authorized
member or officer thereof or any other law enforcement agency having
jurisdiction within the Borough.
Any parcel of real property in the Borough, including the
land and all buildings and appurtenant structures or appurtenant elements,
on which one or more residential rental units are located.
A written agreement between owner/landlord and occupant/tenant
supplemented by the addendum required under this Part, embodying the
terms and conditions concerning the use and occupancy of a specified
residential rental unit or premises.
The license issued to the owner of residential rental units
under this Part, which is required for the lawful rental and occupancy
of residential rental units.
Any structure, intended for residential occupancy or in which
any occupant resides, within the Borough which is not occupied by
the owner of the real estate as determined by the most current deed
and for which the owner of the said parcel of real estate received
any value including, but not limited to, money or the exchange of
services. Each apartment within a building is a separate residential
rental unit requiring inspection and a rental license.
Any human-made object, the use of which requires an ascertainable
stationary location on land, whether or not it is affixed to the land.
An individual who resides in a residential rental unit, whether
or not he or she is the owner thereof, with whom a legal relationship
with the owner/landlord is established by a rental agreement or by
the laws of the Commonwealth of Pennsylvania. Same as "occupant."
[Ord. 2015-02, 2/24/2015]
1.
General.
A.
Every owner shall be responsible for regulating the proper and lawful
use of all of the owner's premises including, without limitation,
compliance with this Part.
B.
Every owner shall be responsible for regulating the conduct and activities
of the occupants of all of the owner's residential rental units,
when the conduct or activity takes place on any of the owner's
premises. Every owner of a residential rental unit shall regulate
the conduct and activity of the occupants thereof both contractually
and through enforcement, as more fully set forth below.
C.
Nothing herein is intended to impose any additional civil/criminal
liability upon owners other than that which is imposed by existing
law. Therefore, this section shall not be construed:
(1)
As diminishing or relieving, in any way, the responsibility
of occupants or their guests for their conduct or activities.
(2)
As an assignment, transfer or projection onto any owner of any
responsibility or liability which occupants or their guests may have
as a result of their conduct or activity under any private cause of
action, civil or criminal enforcement proceeding, or criminal law.
(3)
To require an owner to indemnify or defend occupants or their
guests when any such action or proceeding is brought against the occupants
or guests based upon the occupants' or guests' conduct or
activity.
2.
Designation of Manager.
A.
Every owner who does not live full-time in the Borough or within
25 miles of the Borough, shall designate a manager who lives full-time
in the Borough or within 25 miles of the Borough. If the owner is
anything other than an individual, a manager shall be required unless:
B.
The manager shall be the agent of the owner for service of process
and receiving of notices and demands, as well as for performing the
obligations of the owner under this Part and under rental agreements
with occupants.
C.
The manager shall be available as an emergency contact person.
D.
The identity, address and telephone number(s) of a person who is
designated as manager shall be provided by the owner to the Code Official,
and the information shall be promptly updated as it changes.
[Amended by Ord. 2015-04, 9/21/2015]
3.
4.
Maintenance of Premises.
A.
The owner shall maintain the premises in compliance with all applicable
state laws and regulations, local ordinances and this Part and keep
the premises in good and safe condition. The owner shall be responsible
for regularly performing all maintenance and repairs on the premises
where any residential rental unit is located, including lawn mowing
and ice and snow removal.
B.
The owner and occupant may agree that the occupant shall perform
specified repairs, maintenance tasks, alterations or remodeling; however,
the agreement must:
C.
In no case shall the existence of any agreement between owner and
occupant relieve an owner of any responsibility under this Code or
other codes, ordinances or laws regarding maintenance of the premises.
5.
Rental Agreement.
A.
The owner shall provide the occupant with copies of the rental agreement
and addendum upon execution.
B.
Terms and Conditions. Owner and occupant may include in a rental
agreement terms and conditions not prohibited by this Part or other
applicable ordinances, regulations and laws, including rent, term
of the agreement and other provisions governing the rights and obligations
of the parties.
C.
Prohibited Provisions. Except as otherwise provided by this Part,
no rental agreement may provide that the occupant or owner agrees
to waive rights or remedies under this Part. A provision prohibited
by this subsection included in a rental agreement is unenforceable.
D.
Provision of Summary to Occupant. Following the effective date of
this Part, a summary hereof in substantially the form set forth in
Appendix A,[1] shall be provided to the occupant. If a summary has been
provided at or before the commencement of the landlord-tenant relationship,
a summary does not have to be provided upon renewal. Where a rental
agreement has been entered into prior to the effective date of this
Part, the owner shall provide the occupants with a copy of the summary
within 60 days after the enactment of this Part.
[1]
Editor's Note: Appendix A is included as an attachment
to this chapter.
E.
All information required to be given to occupants by the owner shall
be furnished at or before the beginning of the landlord-tenant relationship
and the owner shall secure a written acknowledgment from occupants
that the occupants have received the information required by this
Part.
F.
Upon request by the Borough, the owner, within 10 days of the request,
shall furnish to the Borough, copies of any rental agreements that
the owner has entered into for residential rental units and copies
of the written acknowledgment from occupants that the occupants have
received the information required by this Part.
6.
Registration of Residential Rental Units.
A.
Owner shall register all residential rental units with the Code Official
within 30 days after the effective date of this Part.
B.
Any person who converts any structure to a residential rental unit
or units shall register the residential rental unit or units with
the Code Official within 30 days of the completion of the conversion
of the unit or units or within 30 days of the date a tenant occupies
the unit or units, whichever date is first.
C.
Within 72 hours of the transfer of any real estate in the Borough
which contains one or more residential rental units, the grantee or
the grantee's agent, including the grantee's attorney or
title company, shall notify the Borough of the transfer.
D.
Registration information shall include the following:
E.
The owner of a residential rental unit must update the registration
information on record with the Code Official within 10 days of any
changes of the information set forth above.
[Amended by Ord. 2015-04, 9/21/2015]
F.
Notwithstanding any other provisions of this Part, the name, address
and telephone number of an occupant shall only be disclosed by any
Borough employee, contractor or agent as required by law and shall
not be disclosed by any Borough employee, contractor or agent if the
tenant is the subject of a court order requiring that this information
be kept confidential.
7.
Rental License Requirement.
A.
The owner of any residential rental unit shall get a rental license
for each residential rental unit before entering into a rental agreement
or permitting the occupancy of any residential rental unit except
the following:
8.
Landlord-Tenant Act. The owner shall comply with all provisions of
the Landlord-Tenant Act.
9.
Smoke Alarms. All owners of residential rental units in the Borough
shall, within five days of the effective date of this Part, install
smoke alarms at the following locations:
10.
Complaints. The owner shall reply promptly to reasonable complaints
and inquiries from occupants.
11.
Inspections. The owner shall comply with the inspection requirements
of this Part.
12.
All owners of any premises containing any residential rental units
which are in violation of this Part shall notify prospective purchasers,
in writing, prior to the sale of the premises that the premises is
in violation of this Part. Further, all owners of any premises containing
any residential rental units which are in violation of this Part shall
notify the Code Official of the pending sale, in writing, at least
30 days prior to closing on the sale of the premises.
13.
The owner shall maintain at the residential rental unit and provide
upon demand the following:
[Ord. 2015-02, 2/24/2015]
1.
General. The occupant shall comply with all obligations imposed upon
occupants by this Part, all applicable codes and ordinances of the
Borough and all applicable provisions of state law.
2.
Health and Safety Regulations.
A.
The maximum number of persons permitted in any residential rental
unit at any time shall not exceed the number permitted by the occupancy
limitations set forth in the Property Maintenance Code in effect in
the Borough at the time.[1]
B.
The occupant shall, in a clean and safe manner, deposit all rubbish,
garbage and other waste from his or her rental unit into containers
in compliance with the Property Maintenance Code.
3.
Peaceful Enjoyment. The occupant shall behave, and shall require
others on the premises to behave, 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 premises by the
persons on those premises.
4.
Residential Use. The occupant shall occupy or use the residential
rental unit only as a residence, unless otherwise permitted by applicable
law or ordinance.
5.
Illegal Activities. The occupant shall not engage in, nor tolerate,
nor permit others on the premises to engage in any conduct prohibited
by the Crimes Code, Liquor Code or Drug Act. Any individual convicted
of any conduct prohibited by the Drug Act that is graded as a felony,
upon conviction and expiration of any applicable appeal period, shall
not be eligible to be an occupant of any rental unit in the Borough
for seven years after the individual's conviction and the expiration
of any applicable appeal period. Failure of the property owner to
remove the individual from the occupancy permit shall result in nonrenewal
of the rental permit. This subsection shall not apply to any occupant
domiciled in the Borough at the adoption of this Part provided the
Borough continues to be the occupant's domicile.
6.
Disruptive Conduct.
A.
The occupant of a residential rental unit shall not engage in, nor
tolerate, nor permit others on the premises to engage in disruptive
conduct or any other violations of this Part.
B.
When police or the Code Official investigate an alleged incident
of disruptive conduct, he or she shall complete a disruptive conduct
report upon a finding that the reported incident did, in his or her
judgment, constitute disruptive conduct as defined herein. The report
shall include, if possible, the identity or identities of the alleged
perpetrator(s) of the disruptive conduct and the factual basis for
the disruptive conduct. Any disruptive conduct report completed by
a police officer shall be submitted to the Code Official. In all cases,
the Code Official shall mail a copy of the disruptive conduct report
to the owner or manager within three working days of the occurrence
of the disruptive conduct.
7.
Compliance with Rental Agreement. The occupant shall comply with
all lawful provisions of the rental agreement entered into between
owner and occupant. Failure to comply may result in the eviction of
the occupant by the owner.
8.
Damage to Premises. The occupant shall not intentionally cause, nor
permit or tolerate others to cause, damage to the premises. Conduct
which results in damages in excess of $500 shall be considered a violation
of this Part.
9.
Inspection of Premises. The occupant shall permit inspections by
the Code Official of the premises at reasonable times, upon reasonable
notice.
10.
All tenants who have been evicted from a residential rental unit
for violating this Part shall, if asked, disclose that fact to a prospective
landlord prior to entering into a rental agreement with that landlord
or moving into that landlord's premises.
[Ord. 2015-02, 2/24/2015]
1.
Within 10 days after receipt of written notice from the Code Official
that an occupant of a residential rental unit has violated a provision
of this Part, the owner shall take action to remedy the violation
and to assure that there is not a reoccurrence of the violation.
2.
Within 20 days after receipt of a notice of violation, the owner
shall file with the Code Official a plan to remedy and prevent violations
setting forth:
3.
The Code Official shall review the plan and determine if it is adequate
to address future violations. If deemed inadequate, the Code Official
shall notify the owner of the plan's specific inadequacies.
4.
The owner shall enforce the plan without additional prompting by
the Code Official.
5.
In the event that a second violation occurs within a year involving
the same occupant, the Code Official may direct the owner to:
[Ord. 2015-02, 2/24/2015]
1.
Rental License Application Requirements.
A.
The application for the rental license shall be on a form as determined
by the Borough and accompanied by a rental license fee, in an amount
to be established, from time to time, by resolution of Borough Council.
B.
The owner shall provide, with the first application for a rental
license submitted after the enactment of this Part, a floor plan,
drawn to scale, with the measurements of each room within the residential
rental unit. If there are changes to the floor plan, the owner shall
submit a revised floor plan with the next application submitted after
the changes to the floor plan were made.
2.
Rental License Term, Annual Fee and Occupancy Limit.
A.
A rental license shall be valid for one year from the date of issuance
unless revoked sooner as permitted in this Part.
B.
Every application for a rental license renewal shall be accompanied
by an annual rental license fee, in an amount to be established, from
time to time, by resolution of Borough Council. The fee shall be paid
annually by the anniversary date of the original rental license.
C.
No rental license shall be issued if the owner has not paid all fees
required under this Part, all fines and costs arising from enforcement
of this Part and all other sums owed to the Borough for any reason
whatsoever, including, without limitation, utility bills.
D.
The rental license shall indicate the maximum number of occupants
allowed in each residential rental unit.
3.
Inspections.
A.
Residential rental unit inspections shall be completed as follows:
B.
The Code Official shall record the inspection findings on a written
inspection report.
4.
Notice of Inspection Findings; Reinspection.
A.
If after inspection of a residential rental unit, the Code Official
determines that the unit does not comply with the Code, the Code Official
shall provide a written notice of violation, which shall include the
following:
B.
The notice of violation shall be sent to the owner or manager at
the address provided by the owner or manager, in writing to the Code
Official, or to the mailing address maintained by the Union County
Tax Assessment Office for the record owner of the property.
C.
The notice of violation shall be deemed received three days after
mailing.
D.
After receipt of a written notice from the Borough Code Official
that there has been a violation of this section or any other applicable
ordinances of the Borough, the owner shall correct the violation by
the deadline set forth in the notice of violation and take steps to
assure that there will not be a reoccurrence of the violation.
E.
The Code Official may reinspect any residential rental unit subject
to a notice of violation after the deadline to correct the violation
has passed or upon notice from the owner that the violations have
been corrected.
F.
The owner shall pay a fee for reinspection in an amount to be established,
from time to time, by resolution of Borough Council.
G.
The owner may satisfy the inspection and reinspection requirements
in this Part by submitting to the Code Official, by the applicable
deadline, a written certification of inspection completed by an architect
licensed under the Pennsylvania Architects Licensure Law or an engineer
licensed under the Pennsylvania Engineer, Land Surveyor and Geologist
Registration Law, provided that such certification is based upon performance
of an inspection that meets or exceeds the inspection requirements
under this Part and which has applied the Property Maintenance Code
as adopted by the Borough.[1] Further, an inspection report demonstrating compliance
shall be provided to the Code Official and the owner shall pay a compliance
review fee in an amount to be established from time to time by resolution
of the Borough Council.
H.
Any residential rental unit that is subject to an inspection by any
other government agency whose inspection standards are equal to or
greater than the Borough's codes shall be exempt from the inspection
schedule for a period of 12 months following the inspection by the
other agency; provided, however, that inspection may occur as set
forth in this Part if a violation occurs. This exemption does not
exclude the property from being subject to any of the Borough's
Codes.
5.
Borough Can Make Repairs.
A.
If the owner of a residential rental unit neglects, fails or refuses
to comply with any notice from the Borough or its Code Official to
correct a violation, relating to maintenance and repair of the premises
under any the Code, within the period of time stated in the notice,
the Borough may cause the violation to be corrected.
B.
The owner shall pay the actual costs incurred by the Borough plus
10% of the costs upon receipt of a bill from the Borough. Any bill
which remains unpaid and outstanding 30 days after the date of the
bill shall be grounds for the imposition of a municipal lien upon
the premises as provided by law. Such a lien may be reduced, enforced
and collected as provided by law, together with interest at the legal
rate, court costs and attorneys' fees.
C.
The remedies provided by this subsection are not exclusive and the
Borough and its Code Official may invoke such other remedies available
under this Part or other applicable law.
[Ord. 2015-02, 2/24/2015]
1.
General. The Code Official may initiate disciplinary action against
an owner for violating any provision of this Part and the types of
disciplinary action are as follows:
A.
Formal Warning. Formal written notification of at least one violation
of this Part. Upon satisfactory compliance with this Part and any
conditions imposed by the Code Official, the formal warning shall
be removed when the owner applies for rental license renewal or at
a time set by the Code Official.
B.
Revocation. The immediate loss of the privilege to rent residential
rental units for a period of time set by the Code Official. Also,
the loss of the privilege to apply for renewal for a period time set
by the Code Official. The period during which renewal cannot be pursued
shall begin upon the expiration of the time period for revocation.
Upon the loss of the privilege to rent, the owner shall take immediate
steps to evict the occupants.
2.
Criteria for Applying Discipline. The Code Official when determining
discipline shall consider the following:
A.
The effect of the violation on the health, safety and welfare of
the occupants of the residential rental unit and other residents of
the premises.
B.
The effect of the violation on the neighborhood.
C.
Whether the owner has prior violations of this Part and other ordinances
of the Borough or has received notices of violations as provided for
in this Part.
D.
Whether the owner has been subject to disciplinary proceedings under
this Part.
E.
The effect of disciplinary action on the occupants.
F.
The action taken by the owner to remedy the violation and to prevent
future violations, including any written plan submitted by the owner.
G.
The policies and lease language employed by the owner to manage the
rental unit to enable the owner to comply with the provisions of this
Part.
H.
In addition to applying discipline as set forth above, the Code Official
may impose upon the existing or subsequent rental licenses reasonable
conditions related to fulfilling the purposes of this Part.
3.
Grounds for Imposing Discipline. Any of the following may subject
an owner to discipline as provided for in this Part:
A.
Failure to correct a violation of any Borough codes and ordinances
that apply to the premises within the time directed by the Code Official.
B.
Failure to take steps to remedy and prevent violations of this Part
by occupants of residential rental units as required by this Part.
C.
Failure to file and implement an approved plan to remedy and prevent
violations of this Part by occupants of the residential rental unit
as required by this Part.
D.
Failure to evict occupants after having been directed to do so by
the Code Official as provided for in this Part.
E.
Three violations of any regulations of the Borough that apply to
the premises, including this Part, within a rental license term. For
purposes of this Part, there need be no criminal conviction before
a violation can be found to exist. Before a prior violation can be
considered under this Section, the owner must have received notice
in writing of the violation within 30 days after the Code Official
received notice of the violation.
4.
Procedure for Revocation of Rental License.
[Amended by Ord. 2015-04, 9/21/2015]
A.
Notification. Following a determination that grounds for revocation
of a rental license exist, the Code Official shall notify the owner
or manager of the action to be taken and the reason for the action.
The notification shall be in writing, addressed to the owner or manager
and shall contain the following information:
(1)
The address of the premises in question and identification of
the particular residential rental units affected.
(2)
A description of the violation which has been found to exist.
(3)
Identification of the type of disciplinary action being taken
and, if applicable, the start date and duration of any revocation.
(4)
Whether, and for how long, the owner is prohibited from renting,
leasing or permitting occupancy of the residential rental unit(s).
(5)
That the owner has the right to appeal the decision of the Code
Official by submitting in writing to the Code Official, within 20
days from the date printed on the notice, a detailed statement of
the grounds for the appeal, the reason(s) alleged why the determination
of the Code Official is incorrect or should be overturned, and a statement
of relief requested by the appellant.
B.
Delivery of Notification.
(1)
All notices shall be sent to the owner or manager by certified
and regular first-class mail, postage prepaid. If the first-class
mail notice is not returned by the postal authorities within five
days of its deposit in the United States Mail, then it shall be deemed
to have been delivered to and received by the addressee on the fifth
day following its deposit in the United States Mail, and all time
periods set forth herein shall be calculated from that fifth day.
(2)
In the event that the notice is returned by the postal authorities
marked undeliverable, then the Code Official shall attempt delivery
by personal service on the owner or manager or the Code Official shall
post the notice at a conspicuous place on the premises.
(3)
A claimed lack of knowledge by the owner of any violation of
this Part shall be no defense to enforcement action for that violation
if all notices required by this Part have been given as required by
this Part.
[Ord. 2015-02, 2/24/2015]
1.
The owner shall have the right to appeal any decision of the Code
Official to the Residential Rental Unit Appeals Board, which shall
be established by resolution of Borough Council, by submitting in
writing to the Borough Manager, within 20 days from the date printed
on the notice, a detailed statement of the grounds for the appeal,
the reason(s) alleged why the determination of the Code Official is
incorrect or should be overturned, and a statement of relief requested
by the appellant.
[Amended by Ord. 2015-04, 9/21/2015]
2.
The notice of appeal shall be submitted on a form determined by the
Borough and signed by the appellant. The appeal form shall accompanied
by a fee for the appeal, the amount of which shall be determined and
established, from time to time, by resolution of Borough Council.
3.
Upon receipt of an appeal in proper form and the proper fee, the
Code Official shall schedule a hearing before the Residential Rental
Unit Appeals Board to be held within 20 days of the request.
[Amended by Ord. 2015-04, 9/21/2015]
4.
The Borough Residential Rental Unit Appeals Board shall hold a hearing
on the appeal which shall be conducted in accordance with the Local
Agency Law, 2 Pa.C.S. §§ 105, 551 et seq. and 751 et
seq. The appellant and all other parties having an interest may be
heard.
[Amended by Ord. 2015-04, 9/21/2015]
5.
Based on the facts and arguments of the appellant, the Code Official
and any police or other public officials involved, and any relevant
factual presentations of other parties, the Borough Residential Rental
Unit Appeals Board shall make a decision affirming, reversing or modifying
the action of the Code Official from which the appeal was taken.
6.
The decision shall be rendered at a public meeting either immediately
following the hearing or within 30 days thereafter. The decision shall
be reduced to writing stating clearly the factual and legal basis
for the decision, within 45 days after the hearing and provided to
the appellant and the Borough within three days after the date of
the written decision.
7.
If the Borough Residential Rental Unit Appeals Board deems it necessary
or desirable, it may continue the hearing to a subsequent time and
date not later than 30 days from the initial hearing and, in that
case, the time limits for rendering the decision and reducing it to
writing set forth herein shall be calculated from the last hearing
date at which the substance of the decision is orally announced.
[Ord. 2015-02, 2/24/2015]
1.
Owners Severally Responsible. If any 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 Part and shall be severally
subject to prosecution for the violation of this Part.
2.
Confidentiality. All registration and contact information shall be
maintained in a confidential manner by the Code Official and shall
only be utilized for the purpose of enforcement of this Part by the
Code Official and Borough Manager.
3.
No Limit of Remedies. The remedies and procedures provided for violation
of this Part are not intended to be exclusive nor to replace to any
degree the remedies and procedures available to the Borough in the
case of a violation of any other code or ordinance of the Borough,
whether or not such other code or ordinance is referenced in this
Part and whether or not an on-going violation of such other code or
ordinance is cited as the underlying ground for a finding of a violation
of this Part. No remedy provided in any specific section or subsection
of the Part is intended to be the exclusive remedy for a violation
under that section or subsection; rather, the Borough shall have the
right to pursue any remedies available under this Part of other applicable
law to correct violations of this Part.
[Ord. 2015-02, 2/24/2015]
1.
This Part shall be enforced by the Code Official.
2.
Basis for Violation. It shall be unlawful for any person to violate
this Part.
3.
Penalties.
A.
Any landlord or owner of a residential unit which violates any of the provisions of § 13-104, Subsection 6 (registration), or Subsection 7 (licensing), together with all of the subsections thereunder shall upon conviction thereof be sentenced to pay a fine of $500 for each and every offense. Each day a violation occurs shall be a separate offense.
B.
Any landlord or owner of a residential rental unit that violates any of the provisions of § 13-104, Subsection 9 (provide smoke alarms), Subsection 11 (allow inspections), and Subsection 13 (requires owner to maintain certain information on premises), shall incur the following penalties:
(1)
For the first offense: Any owner or landlord violating any of
the above listed sections shall upon conviction in a summary proceeding
be sentenced to pay a fine of $100 for each and every offense.
(2)
For the second offense: Any owner or landlord violating any
of the above listed sections shall upon conviction in a summary proceeding
be sentenced to pay a fine of $300 for each and every offense.
(3)
For the third offense and any subsequent offense: Any owner
or landlord violating any of the above listed sections shall upon
conviction in a summary proceeding be sentenced to pay a fine of $500
for each and every offense or shall be imprisoned for a period not
to exceed 90 days or both.
C.
Any occupant of a residential rental unit who violates any of the provisions of § 13-105 shall incur the following penalties:
(1)
For the first offense, he/she shall upon conviction in a summary
proceeding be sentenced to pay the sum of $100 for each and every
offense.
(2)
For the second offense, he/she shall upon conviction in a summary
proceeding be sentenced to pay the sum of $300 for each and every
offense.
(3)
For the third offense and any subsequent offense, he/she shall
upon conviction in a summary proceeding be sentenced to pay the sum
of $500 for each and every offense or shall be imprisoned for a period
not to exceed 90 days or both.
D.
Fines as imposed through this Part shall be collected as allowable
by law.
E.
Each day during which any person violates any provision of this Part
shall constitute a separate offense.
F.
This chapter and the foregoing penalties shall not be construed to
limit or deny the right of the Borough or its agents or representatives
to such equitable or other remedies as may otherwise be available
with or without process of law.
G.
In addition to the fines set forth in this Part, any person convicted
of violating this Part shall be assessed the court costs and reasonable
attorneys' fees incurred by the Borough in the enforcement proceedings.
H.
Search Warrant. For the purpose of enforcing this Part, the Code
Official may seek to obtain a search warrant, upon a showing of probable
cause, issued by a competent authority for the purpose of compelling
an inspection or otherwise enforcing this Part.
