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Borough of Stroudsburg, PA
Monroe County
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Code
New Laws (13) Index
[Ord. No. 822, 9/5/2002; as amended by Ord. 1037, 9/5/2017]
1. 
Purpose/Scope/Declaration of Policy and Findings. It is the purpose of this Part and the policy of the Council of the Borough of Stroudsburg, 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 dwelling units in the Borough of Stroudsburg 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 means to those ends, this Part provides standards for its enforcement and 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 Stroudsburg makes the following findings:
A. 
There is a greater incidence of violations of various codes of the Borough at residential properties where owners do not reside in the Borough and rent such property than at owner-occupied residential properties.
B. 
There is a greater incidence of problems with the maintenance and upkeep of residential properties where owners do not reside in the Borough and rent such property than at owner-occupied residential properties.
C. 
There is a greater incidence of disturbances which adversely affect the peace and quiet of the neighborhood at residential properties where owners rent than at owner-occupied residential properties.
2. 
Definitions. As used in this Part, the following terms shall have the meanings indicated:
BOROUGH
The Borough of Stroudsburg, Monroe County, Pennsylvania.
CODE
Any code or ordinance adopted, enacted and/or in effect in the Borough of Stroudsburg concerning fitness for habitation or construction, maintenance, operation, occupancy, use or appearance of any premises or dwelling unit. Included within, but not limited by, this definition are the following which are in effect as of the date of enactment of this Part: BOCA Basic Building Code; BOCA Basic Plumbing Code; BOCA Basic Property Maintenance Code; BOCA Basic Fire Prevention Code; National Electrical Code; the Code of Ordinances of the Borough of Stroudsburg; and any duly enacted amendment or supplement to any of the above and any new enactment falling within this definition.
CODE ENFORCEMENT OFFICER
The duly appointed Code Enforcement Officer(s) having charge of the Office of Code Enforcement of the Borough of Stroudsburg, and any assistants or deputies thereof.
COMMON AREA
In multiple-unit dwellings, space which is not part of a regulated rental unit and which is shared with other occupants of the dwelling, whether they reside in regulated dwelling units or not. Common areas shall be considered as part of the premises for purposes of this Part.
DISRUPTIVE CONDUCT
Any form of conduct, action, incident or behavior perpetrated, caused or permitted by any occupant or visitor of a regulated dwelling 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 and/or to the Code Enforcement Officer 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 Enforcement Officer or police shall investigate and make a determination that such did occur and keep written records, including a disruptive conduct report, of such occurrence.
DISRUPTIVE CONDUCT REPORT
A written report of disruptive conduct on a form to be prescribed therefor, to be completed by the Code Enforcement Officer or police, as the case may be, who actually investigates an alleged incident of disruptive conduct and which shall be maintained by the Code Enforcement Officer.
DWELLING
A building having one or more dwelling units.
DWELLING UNIT
A room or group of rooms within a dwelling and forming a single unit and used for living and sleeping purposes, having its own cooking facilities, and a bathroom with a toilet and a bathtub or shower.
GUEST
A person on the premises with the actual or implied consent of an occupant.
LANDLORD
One or more persons, jointly or severally, in whom is/are vested all or part of the legal title to the premises, or all or part of the beneficial ownership and a right to present use and enjoyment of the premises, including a mortgage holder in possession of a regulated rental unit (same as "owner").
MANAGER
An adult individual designated by the owner of a regulated rental unit under § 5-402, Subsection 2. The manager shall be the agent or the owner for service of process and receiving notices or demands and to perform the obligations of the owner under this Part and under rental agreements with occupants.
MULTIPLE-UNIT DWELLING
A building containing two or more independent dwelling units, including, but not limited to, double houses, row houses, townhouses, condominiums, apartment houses and conversion apartments.
OCCUPANT
An individual who resides in a regulated rental unit, whether or not he or she is the owner thereof or a person with whom a legal relationship with the owner/landlord is established by a written or oral lease or by the laws of the Commonwealth of Pennsylvania.
OWNER
One or more persons, jointly or severally, in whom is/are vested all or part of the legal title to the premises, or all or part of the beneficial ownership and a right to present use and enjoyment of the premises, including a mortgage holder in possession of a regulated rental unit.
OWNER-OCCUPIED DWELLING UNIT
A dwelling unit in which the owner resides on a regular, permanent basis, provided not more than two unrelated individuals, in addition to the immediate members of the owner's family, occupy the dwelling unit at any given time.
PERSON
A natural, partnership, corporation, unincorporated association, limited partnership, trust or any other entity.
POLICE
The Police Department of the Borough of Stroudsburg, any regional police department or any properly authorized member or officer thereof or of any other law enforcement agency having jurisdiction within the Borough of Stroudsburg.
PREMISES
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 regulated rental units is located.
REGULATED RENTAL UNIT
A dwelling unit occupied by one or more persons.
RENTAL AGREEMENT
A written agreement between an owner/landlord and an occupant/tenant supplemented by the addendum required under § 5-402, Subsection 5, of this Part, embodying the terms and conditions concerning the use and occupancy of a specified regulated rental unit or premises.
TENANT
An individual who resides in a regulated rental unit, whether or not he or she is the owner thereof or a person with whom a legal relationship with the owner/landlord is established by a written or oral lease or by the laws of the Commonwealth of Pennsylvania (same as "occupant").
[Ord. No. 822, 9/5/2002; as amended by Ord. 1037, 9/5/2017]
1. 
General.
A. 
It shall be the duty of every owner to keep and maintain all regulated rental units in compliance with all applicable codes and provisions of all other applicable state laws and regulations and local ordinances and to keep such property in good and safe condition.
B. 
As provided for in this Part, every owner shall be responsible for regulating the proper and lawful use and maintenance of every dwelling which he, she or it owns. As provided for in this Part, every owner shall also be responsible for regulating the conduct and activities of the occupants of every regulated rental unit which he, she or it owns in the Borough, which conduct or activity takes place at such regulated rental unit or its premises.
C. 
In order to achieve those ends, every owner of a regulated rental unit shall regulate the conduct and activity of the occupants thereof, both contractually and through enforcement, as more fully set forth below. This subsection shall not be construed as diminishing or relieving, in any way, the responsibility of occupants or their guests for their conduct or activity; nor shall it be construed as an assignment, transfer or projection over or 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; nor shall this subsection be construed so as to require an owner to indemnify or defend occupants or their guests when any such action or proceeding is brought against the occupant based upon the occupant's conduct or activity. Nothing herein is intended to impose any additional civil/criminal liability upon owners other than that which is imposed by existing law.
D. 
This Part is not intended to, nor shall its effect be to, limit any enforcement remedies which may be available to the Borough against an owner, an occupant or a guest.
2. 
Designation of Manager. Every owner who is not a full-time resident of the Borough of Stroudsburg, or of Monroe County, shall designate a manager who shall reside within the county. If the owner is a corporation, a manager shall be required if an officer of the corporation does not reside within the county. If a corporate officer does reside within the aforesaid area, the officer shall perform the same function as a manager. If the owner is a partnership, a manager shall be required if a partner does not reside within the county. Said partner shall perform the same function as a manager. The manager shall be the agent of the owner for service of process and receiving notices and demands, as well as for performing the obligations of the owner under this Part and under rental agreements with occupants. The identity, address and telephone number(s) of the person who is designated as manager or the officer or partner who performs the function of manager hereunder shall be provided by the owner or manager to the Borough, and such information shall be kept current and updated as it changes.
3. 
Disclosure.
A. 
The owner or manager shall disclose to the occupant, in writing, on or before the commencement of the tenancy:
(1) 
The name, address and telephone number of the manager, if applicable.
(2) 
The name, address and telephone number of the owner of the premises.
B. 
Before an occupant initially enters into or renews a rental agreement for a regulated rental unit, the owner or manager shall furnish the occupant with the most-recent inspection report relating to the property.
4. 
Maintenance of Premises.
A. 
The owner shall maintain the premises in compliance with the applicable codes of the Borough and shall regularly perform all routine maintenance, including lawn mowing and ice and snow removal, and shall promptly make any and all repairs necessary to fulfill this obligation.
B. 
The owner and occupant may agree that the occupant is to perform specified repairs, maintenance tasks, alterations or remodeling. In such case, however, such agreement between the owner and occupant must be in writing. Such an agreement may be entered into between the owner and occupant only if:
(1) 
The agreement of the parties is entered into in good faith and not for the purpose of evading the obligations of the owner or occupant.
(2) 
The agreement does not diminish or affect the obligation of the owner to other occupants in the premises.
C. 
In no case shall the existence of any agreement between owner and occupant relieve an owner of any responsibility under this Part or other ordinances or codes for maintenance of premises.
5. 
Written Rental Agreement.
A. 
All rental agreements for regulated dwelling units shall be in writing and shall be supplemented with the addendum attached hereto as Appendix A.[1] No oral leases and no oral modifications thereof are permitted. All disclosures and information required to be given to occupants by the owner shall be furnished before the signing of the rental agreement. The owner shall provide the occupant with copies of the rental agreement and addendum upon execution.
[1]
Editor's Note: Appendix A is included as an attachment to this chapter.
B. 
Terms and Conditions. The owner and the 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 or to forego rights or remedies under this Part. A provision prohibited by this subsection included in a rental agreement is unenforceable.
D. 
Attachment of Part to Rental Agreement. Following the effective date of this Part, a summary of this Part shall be attached to each rental agreement delivered by or on behalf of an owner when any such agreement is presented for signing to any occupant. If a summary has been provided when the rental agreement was first executed, 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 of the enactment of this Part.
6. 
Complaints. The owner shall reply promptly to reasonable complaints and inquiries from occupants. If the owner does not respond, the tenant may file a complaint with the Code Enforcement Officer.
7. 
Landlord and Tenant Act. The owner shall comply with all provisions of the Landlord and Tenant Act of the Commonwealth of Pennsylvania.[2]
[2]
Editor's Note: See 68 P.S. § 250.101 et seq.
8. 
Common Areas. Where an owner does not regulate the use of common areas and the behavior of occupants and guests in the common areas, the owner shall be directly responsible for the behavior of occupants and guests in the common area as if the owner were an occupant.
9. 
Enforcement.
A. 
Within 48 hours after receipt of written notice from the Code Enforcement Officer that an occupant or regulated rental unit has violated a provision of this Part, the owner shall take immediate steps to remedy the violation and take steps to assure that there is not a reoccurrence of the violation.
B. 
Within five days after receipt of a notice of violation, the owner shall file with the Code Enforcement Officer a report, on a form provided by the Borough, setting forth what action the owner has taken to remedy the violation and what steps he or she has taken to prevent a reoccurrence of the violation. The report shall also set forth a plan as to steps the owner will take in the future if the violation reoccurs.
C. 
The Code Enforcement Officer shall review the report and, if adequate steps have been taken and the plan and time for compliance is adequate to address future violations, shall approve the plan. The owner shall, on his or her initiative, enforce the plan, and failure to do so shall be a violation of this Part.
D. 
In the event that a second violation occurs within a twelve-month period involving the same occupant or occupants, the Code Enforcement Officer may direct the owner to retake possession from the occupant(s) who violated this Part and not to permit the said occupants to occupy the premises during the twelve-month period following the said occupant's(s') surrender or possession.
10. 
Code Violations. Upon receiving notice of any code violations from the Code Enforcement Officer, the owner shall take action as prescribed in the notice, or cause the necessary action to be taken, to abate the offending condition and eliminate the violation.
11. 
Borough Can Make Repairs. In case the owner of premises shall neglect, fail or refuse to comply with any notice from the Borough or its Code Enforcement Officer to correct a violation relating to maintenance and repair of the premises under any code within the period of time stated in such notice, the Borough may, in accordance with procedures set forth in applicable laws, codes and/or ordinances, cause the violation to be corrected. There shall be imposed upon the owner a charge of the actual costs involved plus 10% of said costs for each time the Borough shall cause a violation to be corrected, and the owner of the premises shall be billed after same has been completed. Any such bill which remains unpaid and outstanding after the time specified therein for payment shall be grounds for the imposition of a municipal lien upon the premises as provided by law. Such a lien may be reduced to judgment and enforced and collected as provided by law, together with interest at the legal rate, attorneys' fees permitted, the Borough's cost of enforcement and court costs. The remedies provided by this Subsection 11 are not exclusive, and the Borough and its Code Enforcement Officer may invoke such other remedies under this Part or other applicable codes, ordinances or statutes, including, where appropriate, condemnation proceedings or declaration of premises as unfit for habitation.
12. 
The owner shall permit inspections of any premises by the Code Enforcement Officer at reasonable times upon reasonable notice.
[Ord. No. 822, 9/5/2002; as amended by Ord. 1037, 9/5/2017]
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, including occupants and guests, permitted in any regulated rental unit at any time shall not exceed one person for each 40 square feet of habitable floor space in said regulated rental unit. The maximum number of such persons permitted in the common areas of any multiple-unit dwelling at any time shall not exceed one person for each 15 square feet of common area on the premises.
B. 
The occupant shall dispose from his or her regulated rental unit of all rubbish, garbage and other waste in a clean and safe manner, and separate and place for collection all recyclable materials, in compliance with applicable laws, codes and ordinances.
3. 
Peaceful Enjoyment. The occupant shall conduct himself or herself and require other persons, including, but not limited to, guests on the premises and within his or her regulated rental unit with his or 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 the persons occupying same.
4. 
Residential Use. The occupant shall, unless otherwise permitted by applicable law or ordinance, occupy or use his or her regulated rental unit for no other purpose than as a residence.
5. 
Illegal Activities. The occupant shall not engage in, nor tolerate nor permit others on the premises to engage in, any conduct declared illegal under the Pennsylvania Crimes Code (18 Pa.C.S.A. § 101 et seq.) or Liquor Code (47 P.S. § 1-101 et seq.), or the Controlled Substance, Drug and Cosmetic Act (35 P.S. § 780-101 et seq.).
6. 
Disruptive Conduct.
A. 
The occupant shall not engage in, nor tolerate nor permit others on the premises to engage in, disruptive conduct or other violations of this Part.
B. 
When police or the Code Enforcement Officer investigates 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 information filled in on said report shall include, if possible, the identity or identities of the alleged perpetrator(s) of the disruptive conduct and all other obtainable information, including the factual basis for the disruptive conduct requested on the prescribed form. Where the police make such investigation, the police shall then submit the completed disruptive conduct report to the Code Enforcement Officer within five days of the investigation. In all cases, the Code Enforcement Officer shall mail a copy of the disruptive conduct report to the owner or manager within three working days of the occurrence of the alleged disruptive conduct, within five days whether the person making the investigation on behalf of the Borough is the Code Enforcement Officer or the police.
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 as per the rental agreement.
8. 
Damage to Premises. The occupant shall not intentionally cause, nor permit nor 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. 
Presentation of Premises. The occupant shall permit inspections by the Code Enforcement Officer of the premises at reasonable times, upon reasonable notice.
[Ord. No. 822, 9/5/2002; as amended by Ord. 1037, 9/5/2017]
1. 
Applicability. This Part does not apply to the following categories of rental properties:
A. 
Owner-occupied dwelling units, provided that not more than two unrelated individuals, in addition to the immediate members of the owner's family, occupy the dwelling unit at any given time.
B. 
Hotels, motels or bed-and-breakfasts (if permitted by applicable ordinances).
C. 
Hospitals and nursing homes.
D. 
Multiple-unit dwellings, except for regulated rental units within the structure. The foregoing notwithstanding, all other provisions of this Part shall apply to the common areas of the structure.
2. 
List of Occupants. The owner shall maintain a current list of occupants in each regulated dwelling unit, which shall include their names, permanent addresses and permanent telephone numbers. The owner shall furnish the list to the Borough upon request and shall notify the Borough of any changes in the identity and number of occupants within 15 days of said changes.
3. 
Inspection.
A. 
All premises shall be subject to periodic inspection by the Code Enforcement Officer or another duly authorized agent of the Borough.
B. 
The Code Enforcement Officer is hereby designated as the official authorized to enforce this Part and to take appropriate measures to abate violations hereof, for and on behalf of the Borough of Stroudsburg.
C. 
This subsection shall not be construed so as to limit or restrict the Code Enforcement Officer's authority to conduct inspections of premises, whether or not subject to the inspection requirements of this Part, pursuant to any other ordinance or Code.
4. 
Search Warrant. Upon a showing of probable cause that a violation of this Part or any other ordinance of the Borough of Stroudsburg has occurred, the Code Enforcement Officer may apply to the District Justice having jurisdiction in the Borough of Stroudsburg for a search warrant to enter and inspect the premises.
5. 
Definition of Options.
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 Enforcement Officer and/or the Borough Council, the formal warning shall be removed when the owner applies for license renewal at a time set by the Code Enforcement Officer or by the Borough Council.
B. 
Nonrenewal: the denial of the privilege to apply for license renewal after expiration of the license term. The Borough will permit the owner to maintain occupants in the premises until the end of the license term but will not accept applications for renewal of the license until a time set by the Code Enforcement Officer or by the Borough Council.
C. 
Suspension: the immediate loss of the privilege to rent regulated rental units for a period of time set by the Code Enforcement Officer or Borough Council. The owner, after the expiration of the suspension period, may apply for license renewal without the need to show cause why the owner's privilege to apply for a license should be reinstated. Upon suspension, the owner shall take immediate steps to evict the occupants.
D. 
Revocation: the immediate loss of the privilege to rent regulated rental units for a period of time set by the Code Enforcement Officer or the Borough Council and the loss of the privilege to apply for renewal of the license at the expiration of the time period. Upon the loss of the privilege to rent, the owner shall take immediate steps to evict the occupants.
6. 
Criteria for Applying Discipline. The Code Enforcement Officer, when recommending discipline, and the Borough Council, when applying discipline, shall consider the following:
A. 
The effect of the violation on the health, safety and welfare of the occupants of the regulated rental unit and other residents at 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 and other ordinances of the Borough.
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 regulated dwelling 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 Enforcement Officer may recommend, and Borough Council may impose upon the existing or subsequent licenses, reasonable conditions related to fulfilling the purposes of this Part.
7. 
Grounds for Imposing Discipline. Any of the following may subject an owner to discipline as provided for in this section:
A. 
Failure to abate a violation of Borough codes and ordinances that apply to the premises within the time directed by the Code Enforcement Officer.
B. 
Refusal to permit the inspection of the premises by the Code Enforcement Officer as required by Subsection 3 of this section.
C. 
Failure to take steps to remedy and prevent violations of this Part by occupants of regulated rental units as required by § 5-402, Subsection 9, of this Part.
D. 
Failure to file and implement an approved plan to remedy and prevent violations of this Part by occupants of a regulated rental unit as required by § 5-402, Subsection 9, of this Part.
E. 
Failure to evict occupants after having been directed to do so by the Code Enforcement Officer of the Borough as provided for in § 5-402, Subsection 9, of this Part.
F. 
Three violations of this Part or other ordinances of the Borough that apply to the premises within a lease 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 subsection, the owner must have received notice, in writing, of this violation within 30 days after the Code Enforcement Officer received notice of the violation.
8. 
Procedure for Nonrenewal, Suspension or Revocation of License.
A. 
Notification. Following a determination that grounds for nonrenewal, suspension or revocation of a license exist, the Code Enforcement Officer shall notify the owner of the action to be taken and the reason therefor. Such notification shall be in writing, addressed to the owner in question, and shall contain the following information:
(1) 
The address of the premises in question and identification of the particular regulated rental unit(s) affected.
(2) 
A description of the violation which has been found to exist.
(3) 
A statement that the license for said regulated rental unit(s) shall be either suspended or revoked, or will not be renewed for one year from the date of suspension, or that the owner will receive a formal warning. In the case of a suspension or revocation, the notice shall state the date upon which such suspension or revocation will commence, and in the case of a suspension shall also state the duration of said suspension.
(4) 
A statement that, due to the nonrenewal, suspension or revocation (as the case may be), the owner or any person acting on his, her or its behalf is prohibited from renting, letting or permitting occupancy of the dwelling unit(s) by the individual/individuals subject to said enforcement action, from and during the period said action is in effect.
(5) 
A statement informing the owner that he, she or it has a right to appeal the decision suspending, revoking or declining to renew the license to the Borough Council, by submitting, in writing, to the Borough Secretary/Administrator, within 30 days from the date printed on the notice, a detailed statement of the appeal, including the grounds therefor and the reason(s) alleged as to why the determination of the Code Enforcement Officer is incorrect or should be overturned and a statement of the relief requested by the appellant. Such notice of appeal may be required to be submitted on a form to be prescribed therefor by the Borough Council, to be signed by the appellant. There is hereby imposed a fee for filing of such appeals, the amount of which shall be determined and established, from time to time, by resolution of the Borough Council.
(6) 
Upon receipt of such an appeal in proper form, accompanied with the requisite filing fee, the Borough Secretary/Administrator shall schedule a hearing to be held at the time and date of the next regularly scheduled Borough Council meeting not less than 10 days from the date on which the appeal is filed.
(7) 
The appellant, the Code Enforcement Officer and the owners of properties within a radius of 300 feet from the premises for which the license is at issued shall receive written notice of the hearing on the appeal and any continuation of said hearing.
(8) 
The Borough Council shall hold a hearing on the appeal which shall be conducted in accordance with the Local Agency Law, 2 Pa.C.S.A. §§ 551-555. The appellant and all other parties having an interest may be heard. Based on the facts and arguments of the appellant and of the Code Enforcement Officer and any police or other public officials involved, and any relevant factual presentations of other parties, the Borough Council shall make a decision either affirming, reversing or modifying the action of the Code Enforcement Officer from whom the appeal was taken. Such 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. If the Borough Council 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, which time and date shall be openly announced at the initial hearing, and in such 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).
B. 
Delivery of Notification.
(1) 
All notices shall be sent to the owner and manager, if applicable, by certified mail. In the event that the notice is returned by the postal authorities marked "unclaimed" or "refused," then the Code Enforcement Officer shall attempt delivery by personal service on the owner or manager, if applicable. The Code Enforcement Officer shall also post the notice at a conspicuous place on the premises.
(2) 
If personal service cannot be accomplished after a reasonable attempt to do so, then the notice may be sent to the owner or manager at the address stated on the most-current license application for the premises in question, by regular first-class mail, postage prepaid. If such 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 under Subsection 8A above shall thereupon be calculated from said fifth day.
[Ord. No. 822, 9/5/2002; as amended by Ord. 1037, 9/5/2017]
1. 
Penalties. Any violation of this Part by an owner or occupant shall constitute a summary offense punishable, upon conviction thereof by a District Justice, by a fine not to exceed $600 plus costs of prosecution or, in default of payment of such fine and costs, by a term of imprisonment not to exceed 30 days. Each day of violation shall constitute a separate and distinct offense.
2. 
Nonexclusive Remedies. The remedies provided for in this Part are cumulative and nonexclusive of each other and of any other remedy available to the Borough in law or equity or under any other code or ordinance.
3. 
The remedies and procedures provided in this Part for violation hereof are not intended to supplant or 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 ongoing violation of such other code or ordinance is cited as the underlying grounds for a finding of a violation of this Part.
[Ord. No. 822, 9/5/2002; as amended by Ord. 1037, 9/5/2017]
1. 
Notices.
A. 
For purposes of this Part, any notice required hereunder to be given to a manager shall be deemed as notice given to the owner.
B. 
There shall be a rebuttable presumption that any notice required to be given to the owner under this Part shall have been received by such owner if the notice was given to the owner in the manner provided by this Part.
C. 
Notices to be given the Code Enforcement Officer shall be given in writing and delivered to said Code Enforcement Officer at the Borough Municipal Building, 700 Sarah Street, Stroudsburg, Pennsylvania 18360. Information to be supplied to the Borough hereunder shall also be directed to the Code Enforcement Officer at that address.
2. 
Changes in Ownership or Occupancy. It shall be the duty of each owner of a regulated rental unit to notify the Code Enforcement Officer, in writing, of any change in ownership of the premises or of the number of regulated rental units on the premises. It shall also be the duty of the owner to notify the Code Enforcement Officer, in writing, of any increase in the number of occupants in any regulated rental unit, or of the changing of a dwelling unit from owner-occupied to non-owner-occupied, which thereby transforms the dwelling into a regulated rental unit for purposes of this Part.
3. 
Owners Severally Responsible. If any regulated rental unit is owned by more than one person, in any form of joint tenancy, as a partnership, or otherwise, each person shall be jointly and severally responsible for the duties imposed under the terms of this Part and shall be severally subject to prosecution for the violation of this Part.