[HISTORY: Adopted by the Borough Council of the Borough of
Mount Joy 4-6-2016 by Ord. No.
4-15[1]. Amendments noted where applicable.]
This chapter shall be known and may be cited as the Mount Joy
Borough Property Maintenance Code.
A certain document, copies of which have been and are presently on file in the Office of the Secretary of the Borough of Mount Joy, Lancaster County, Pennsylvania, being marked and designated as "International Code Council, Inc., International Property Maintenance Code/2009," be and is adopted as the Property Maintenance Code of the Borough of Mount Joy, creating a code of property maintenance regulations for the protection of public health, safety and welfare as herein provided. Each and all of the regulations of the International Property Maintenance Code/2009, except as provided in § 195-3, are hereby referred to, adopted and made a part hereof as if fully set out in this chapter, with the additions, insertions, deletions and changes, if any, enumerated in § 195-3.
Changes from the International Property Maintenance Code/2009
to the Property Maintenance Code of the Borough of Mount Joy are as
follows:
A.
Section 101.1 shall be amended by inserting "Borough of Mount Joy,
Lancaster County, Pennsylvania."
B.
Section 103.5 shall provide as follows:
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103.5. Fees. The fees for activities and services
performed by the Code Official in carrying out his responsibilities
under this Code and for appeals shall be established by resolution
or ordinance of Borough Council.
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C.
Section 106.3, Prosecution of Violation, shall be amended to provide
as follows:
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106.3. Prosecution of violation. If the Code Official
has served a notice of violation and the notice of violation is not
complied with within the time specified in such notice, or if the
Code Official determines that there is insufficient time to serve
a notice of violation or that such notice of violation will have no
practical or beneficial effect, the Code Official shall notify Borough
Council of the violation and shall request Borough Council to authorize
institution of enforcement proceedings against the violator and/or
authorize the Borough Solicitor to institute the appropriate proceedings
at law or in equity to restrain, correct, or abate such violation
or to require the removal or termination of the unlawful occupancy
of the structure in violation of the provisions of this Code or any
order or direction made pursuant thereto. If the Code Official or
if any police officer observes a violation of Section 302 or Section
308 of this Code, in addition to the foregoing, such Code Official
or police officer is hereby empowered to institute summary criminal
proceedings against the violator.
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D.
Section 106.4 shall provide as follows:
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106.4. Penalty. Any person who shall violate a
provision of this Code; or who shall fail to comply with any of the
requirements thereof; or who shall use, maintain or alter a lot, building
or structure in violation of any approved plan or directive of the
Code Official or of any order, permit or certificate issued under
the provisions of this Code; or who shall violate any order of the
Code Official; or who shall fail to remedy or who shall negligently
or improperly remedy any health hazard; or who shall fail to completely
implement a plan to remedy a health hazard which has been reviewed
and approved by the Code Official shall be liable upon summary conviction
therefor to fines and penalties of (a) not less than $100 nor more
than $1,000 plus all costs of prosecution for a first offense, (b)
not less than $200 nor more than $1,000 plus all costs of prosecution
for a second offense, and (c) not less than $300 nor more than $1,000
plus all costs of prosecution for a third or subsequent offense, which
fines and penalties may be collected as provided by law. Costs of
prosecution shall include the Borough's attorneys' fees
as authorized by Section 3321(a)(5) of the Borough Code. All fines
and penalties collected for violation of this Code shall be paid over
to the Borough Treasurer. Each day that a violation continues and
each section of this Code which is violated shall be deemed a separate
offense. This Code may also be enforced by an action in equity brought
in the Lancaster County Court of Common Pleas.
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E.
Section 107.3 shall provide as follows:
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107.3. Method of service. Service of said notice
shall be made upon the owner or occupant of the said premises in any
of the following manners: by delivering the same to such owner or
occupant personally or by delivering the same to and leaving it with
any adult person in charge of the said premises or by affixing the
same in a conspicuous position upon said premises or by sending said
notice by certified or registered mail addressed to the owner at the
last known address with return receipt requested. Such procedures
shall be deemed the equivalent of personal notice.
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F.
Insert new Sections 107.7 through 107.7.4 which shall provide as
follows:
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107.7. Notice to abate health hazard or public nuisance. It shall be the duty of the Code Official to cause a notice to be
served upon the owner or occupant of any premises whenever property
is maintained so as to constitute a health hazard or a public nuisance
and to require abatement of the health hazard or public nuisance within
10 days from the date of service of such notice or such other time
period as may be set forth in the notice. Service of such notice shall
be as provided in Section 107.3.
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107.7.1. Performance of work upon noncompliance with notice. In the event that the owner or occupant shall refuse or neglect
to abate such health hazard or public nuisance within the time period
as required by such notice, or in the event that the owner or occupant
shall perform action necessary to eliminate the health hazard in a
negligent or incomplete fashion, the Code Official may cause such
condition to be eradicated and/or removed, or take action necessary
to eliminate such health hazard or nuisance of which the owner or
occupant has been notified, keeping an account of the expenses of
inspecting the premises, service of notice and abating the health
hazard and nuisance. All such costs and expenses shall be charged
to and paid by the owner or occupant.
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107.7.2. Collection of costs. All costs and expenses
the Borough incurs in the abatement of such health hazards and public
nuisances shall be a lien upon the premises. The Borough may bill
the property owner for all costs and expenses, plus an administrative
fee of 10% of such costs and expenses. If such bill is not paid within
30 days, the Borough Solicitor shall file a municipal claim and/or
civil action for such costs and expenses and administrative fee, together
with a penalty of 10% of the costs and expenses, and for allowable
attorneys' fees, in the manner provided by law for the collection
of municipal claims and/or the filing of civil actions.
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107.7.3. Service fees for reoccurring violations. When a property has been declared a "public nuisance" due to refuse
accumulation, insect, vermin or rodent infestation, lack of required
utilities, facilities, equipment or other property maintenance violations,
deemed a detriment to the occupants of a property or the public-at-large
and/or cause a blighting condition, the Code Official will notify
the responsible party. In the event of a reoccurrence of the violation
within a twelve-month period, a service charge established by Borough
Council by ordinance or resolution will be assessed against the responsible
party. Repeat offender service fees shall be payable to the Borough
within 15 days of receipt of the Borough invoice setting forth the
service fee. Upon failure to timely pay said fee, the Borough may
institute appropriate action against the offender to recover both
the service fee and any related administrative fees.
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107.7.4. Public safety official notice and quick ticket
procedures. In addition to other enforcement mechanisms available
to the Borough under this Code, the Code Official is authorized to
issue public safety official notices for Property Maintenance Code
violations and quick tickets for violations regarding high weeds and
grass, garbage, rubbish and animal waste. The fines for the above-referenced
violations shall be payable within 15 days. Repeat offenders shall
be subject to additional penalties. Failure to pay the quick ticket
within 15 days may result in a summary citation being issued through
the local magisterial district judge's office. Borough Council
shall approve quick ticket forms and penalty amounts by resolution.
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G.
Section 110.3 shall provide as follows:
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110.3. Failure to comply. Whenever the owner of
a property fails to comply with a demolition order within the time
period prescribed, the Code Official shall request the Borough Solicitor
to institute an action at law or in equity against the property owner
to obtain an order authorizing the Code Official to raze and remove
such structure or contract for the razing and removal of such structure
at the expense of the owner of the property. At the completion of
such razing and removal, the Borough Solicitor shall file a municipal
claim as a lien against the property in the amount of the Borough's
costs plus a penalty of 10% of such costs and for allowable attorneys'
fees. The Borough Solicitor may also institute any proceedings at
law or in equity to provide for the collection of the Borough's
costs and expenses.
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H.
Section 110.4 shall be deleted in its entirety.
I.
Section 111, Means of Appeal, shall be deleted in its entirety. A
new Section 111, Appeals, shall be inserted which shall provide as
follows:
[Amended 9-12-2016 by Ord. No. 6-16]
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111.1. Appeals. An appeal from any decision of
the Code Official or from the issuance of any Disruptive Conduct Report
may be taken to Borough Council. Such appeal shall be made in writing
within 10 working days after such decision has been made or Disruptive
Conduct Report issued. 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 Borough Council.
The appellant or his representative shall have the right to appear
and be heard, if such right is requested in the written appeal. Borough
Council shall make a prompt decision on such appeal. Borough Council
shall render a written decision, copies of which shall be provided
to the Code Official and the appellant.
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111.1.1. In making a decision on an appeal from
a decision of the Code Official, Borough Council may vary or modify
any provision of this Code where there are practical difficulties
in the way of executing the strict letter of the law so that the spirit
of the law shall be observed, public safety secured, and substantial
justice done. Such variation or modification shall be the minimum
necessary in order to grant relief.
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J.
Section 112.4 shall be deleted in its entirety.
K.
Section 202, General Definitions, shall be amended by inserting the
following definitions:
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Abate/Abatement: When used in connection with lead-based
coating, the reduction of, removal of, or encapsulation of lead, followed
by thorough cleanup and post-cleanup treatment, from the surfaces
and sources that promote exposure resulting in the possibility of
lead toxicity or poisoning, which abatement shall be in a manner approved
or determined to be appropriate by the Code Official. The methods
of abatement and subsequent disposal of lead shall not present a hazard
to health from fumes, dust or vapors by inhalation, ingestion or absorption
through the skin and mucous membranes and shall be in accordance with
all applicable laws, ordinances, regulations and safety standards
of the Borough, the state and federal agencies.
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Borough: The Borough of Mount Joy, Lancaster County,
Pennsylvania.
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Borough Council: The governing body of the Borough.
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Exposed Surface: When used in connection with lead-based
coatings, all interior surfaces of a dwelling or other structures
which may be occupied by children and those exterior surfaces of such
dwelling or structures which are readily accessible to children under
six years of age, such as stairs, decks, porches, railings, windows,
doors and sidings. Any yard or other area in the vicinity of a dwelling
or structure including without limitation any soil, yard or other
area which may be subject to contamination from flaking or peeling
lead-based coatings or any other source of lead is also considered
an exposed surface.
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Lead-Based Coating: Any paint, varnish, glaze or
other applied liquid surface coating and putty or plaster which contains
a quantity of lead in excess of 0.6 milligrams per square centimeter
of surface.
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Police Department: The Mount Joy Borough Police
Department or any successor Police Department providing police protective
services within the Borough.
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Police Officer: A member of the Police Department.
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Recognized Method of Analysis: Any recognized method
of lead detection and analysis which results in measurement of lead
in milligrams in a square centimeter of a particular area, including
without limitation a radio isotope x-ray fluorescent analyzer for
in-place determination of lead content.
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Vehicle, hazardous: A vehicle, including but not
limited to an automobile, bus, van, truck, recreational vehicle or
trailer, which:
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1.
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Contains one or more broken windows or one or more missing doors
or a missing trunk or hood which allow entry into the vehicle by children
or vermin; or
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2.
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Is structurally unstable or supported by blocks, jacks or other
devices which may slip or move, presenting a danger to passers-by;
or
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3.
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Is parked upon property in such a manner as to obstruct the
vision of drivers or interfere with the free movement of pedestrians
or traffic or create a fire hazard.
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L.
Insert a new Section 301.4 which shall provide as follows:
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301.4. Interference with compliance. No person
shall take or cause any person to take any action which creates a
condition which results in a premises violating any requirement of
this Code, including but not limited to the tampering with water service
or sewer service or facilities, depositing of rubbish or garbage or
any other discarded materials on a premises, removal of fire extinguishers,
and blocking exits. Notwithstanding the foregoing, it shall not be
a violation of this Code for the supplier of public water service
to cease service for nonpayment of water or sewer rates or charges
in accordance with applicable laws and procedures.
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M.
Section 302.4 shall provide as follows:
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302.4. Weeds. All premises and exterior property
shall be maintained free from weeds or plant growth in excess of six
inches. All noxious weeds shall be prohibited. Weeds shall be defined
as all grasses, annual plants and vegetation, other than trees or
shrubs; provided, however, this term shall not include cultivated
flowers and gardens, protected wild flowers and wetlands.
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Borough Council, the Code Official or any officer or employee
of the Borough designated for this purpose is hereby authorized to
give notice, by personal service, by United States mail or by posting
the property, to the owner of any premises whereon grass, weeds or
other vegetation is growing or remaining in violation of the provisions
of this Code, directing and requiring such owner to remove, trim or
cut such grass, weeds or vegetation, so as to conform to the requirements
of this Code, within 10 days after the issuance of such notice or
such other time period as may be set forth in the notice. In case
any person shall neglect, fail or refuse to comply with such notice,
within 10 days after the issuance of such notice or such other time
period as may be set forth in the notice, Borough authorities may
remove, trim or cut such grass, weeds or vegetation, and the cost
thereof, together with a penalty of 10% of such cost, and allowable
attorneys' fees may be collected by the Borough from such person
in the manner provided by law.
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If Borough Council, the Code Official or any officer or employee
of the Borough has given notice under this section in the calendar
year and the owner did not comply with the notice within the required
10 days, the Borough shall not be required to give additional notice
to the owner before the Borough removes, trims or cuts grass, weeds
or vegetation on the property in that same calendar year, and the
Borough may collect the cost thereof, together with a penalty of 10%
of such cost, and allowable attorneys' fees from such person
in the manner provided by law.
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N.
Section 302.8 shall be amended to provide as follows:
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302.8. Vehicles. Except as provided in other regulations,
the parking and storage of vehicles, including but not limited to
automobiles, buses, vans, trucks, recreational vehicles, and trailers,
shall be limited as provided herein.
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302.8.1. Licensed and inspected vehicles. Vehicles
which have both a current license and a current inspection may be
stored upon a premises in accordance with the requirements of the
Borough Zoning Ordinance[1] and other applicable ordinances and regulations unless
such vehicles are hazardous vehicles as defined herein.
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302.8.2. Unlicensed or uninspected vehicles. Vehicles
which do not have both a current license and a current inspection
may be stored within a completely enclosed structure on any premises.
Vehicles which do not have both a current license and a current inspection
shall not be stored outside of a completely enclosed structure on
a premises for more than 15 days unless the owner of the premises
has obtained a permit as set forth below. Except as provided below,
prior to the unenclosed storage of any vehicle which does not have
both a current license and a current inspection on any premises in
excess of 15 days, the owner of the premises shall obtain a permit
from the Code Official for the storage of such vehicle. The Code Official
shall determine that the vehicle which does not have both a current
license and a current inspection is not a hazardous vehicle and that
the proposed storage shall not constitute a nuisance prior to the
issuance of a permit. Such permit shall authorize the storage of the
vehicle which does not have both a current license and a current inspection
for a period of 90 days. The owner shall have the right to appeal
a denial of a permit by the Code Official as provided in Section 111
herein. Storage of an unlicensed or uninspected vehicle without obtaining
a permit as required herein shall constitute a violation of this Code.
The Code Official and/or the Police Department may order the removal
of an unlicensed or uninspected vehicle using the procedure set forth
in Section 302.8.3. Exceptions: The operator of a motor vehicle towing
or repair establishment shall be permitted to store unlicensed or
uninspected motor vehicles for a period of not more than 90 days and
operators of agricultural operations shall be permitted to store unlicensed
or uninspected agricultural vehicles which are part of an active agricultural
operation.
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302.8.3. Hazardous vehicles. No person who owns
a hazardous vehicle shall park, place, deposit or permit the parking,
placement or depositing of the hazardous vehicle on any property.
No property owner shall permit any hazardous vehicle to remain on
a premises. If any hazardous vehicle is parked or placed upon a premises,
the Code Official and/or the Police Department shall notify the owner
or occupant of the premises of the duty to remove the hazardous vehicle.
The Code Official and/or the Police Department shall post upon the
hazardous vehicle in a conspicuous place a notice directing the removal
of the hazardous vehicle within 10 days. Should the vehicle not be
removed, the Code Official and/or the Police Department shall serve
a second notice which shall be in writing and shall provide a time
limit not to exceed five days within which the hazardous vehicle has
to be removed. Said notice shall be served as provided in Section
107.3 herein and shall additionally be posted upon the hazardous vehicle.
If the owner of the premises fails to remove the hazardous vehicle,
the Borough may take action to abate the health and/or safety hazard
resulting from the hazardous vehicle in the manner provided in Sections
107.7.1 and 107.7.2 herein.
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O.
A new Section 302.10 shall be added which shall provide as follows:
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302.10. Used vehicle parts and tires. No person
shall place, deposit or permit the placement or depositing of used
vehicle parts or tires outside of an enclosed structure on any property.
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P.
Section 304.2, Protective treatment, shall be amended by adding the
following sentence to the existing section:
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If exterior painted surfaces contain lead levels as set forth
in Section 305.7 herein, all requirements of Section 305.7 shall be
met.
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Q.
Section 304.14, Insect screens, shall be amended by inserting "April
15" and "October 1" into the appropriate places.
R.
A new Section 305.7 shall be added which shall provide as follows:
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305.7. Lead-based coatings. Any source of lead,
including without limitation a lead-based coating, shall be considered
a health hazard to a child under six years of age who has demonstrated
an elevated blood level (which for the purposes of this Code shall
be considered to be a level equal to or greater than 10 micrograms
per deciliter or any future standard established by the United States
Public Health Service Centers for Disease Control) if:
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1.
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It exists in or about a dwelling or other structure in which
a child under six years of age who has demonstrated an elevated blood
lead level commonly resides or visits; and
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2.
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It is determined to be on any flaking, peeling, non-intact deteriorated
surface or on any exposed surface or in any soil or dust found in
or about the dwelling or structure or in any rugs, carpet or other
surface coverings in or about the dwelling or structure; and
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3.
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It contains a quantity of lead in excess of 0.6 milligrams per
square centimeter of surface when measured by a recognized method
of analysis.
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305.7.1. Notices. Sources of lead, including lead-based
coating areas, must be marked with warnings immediately upon positive
testing, and notice of these areas shall be given to the occupant
at the time of testing to avoid further child poisoning.
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305.7.2. Abatement of health hazard. If it is determined
that there exists a health hazard under Section 305.7, the owner shall
be responsible to abate the hazard within such time as specified by
the Code Official. The owner and/or occupant of the premises shall
bear the cost of abatement and shall present a written plan of abatement
to the Code Official for review and approval prior to initiating said
abatement. The owner and/or occupant of the premises shall abate the
health hazard in accordance with the approved plan, shall completely
perform all steps of such approved plan, and shall perform the work
set forth in the approved plan in a good and workmanlike fashion.
The owner and/or occupant of the premises shall submit proof satisfactory
to the Code Official of abatement promptly upon completion.
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S.
Section 308, Rubbish and garbage, shall be amended by adding new
Sections 308.4, Notices of violation, and 308.5, Enforcement, which
shall provide as follows:
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308.4. Notices of violation. Borough Council, the
Code Official, or any officer or employee of the Borough designated
for this purpose is hereby authorized to give notice, by personal
service, by United States mail or by posting the property, to the
owner of any premises on which there exist accumulations of rubbish
or garbage remaining in violation of the provisions of this Code,
directing and requiring such owner to remove such accumulations of
rubbish or garbage so as to conform to the requirements of this Code,
within five days after the issuance of such notice. In case any person
shall neglect, fail or refuse to comply with such notice within five
days after the issuance of such notice or such other time period set
forth in the notice, Borough authorities may remove or arrange for
the removal of such accumulations of rubbish or garbage, and the cost
thereof, together with a penalty of 10% of such cost, and allowable
attorneys' fees may be collected by the Borough from such person
in the manner provided by law.
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If Borough Council, the Code Official, or any officer or employee
of the Borough has given notice under this section in the calendar
year and the owner did not comply with the notice within the required
five days or such other time period set forth in the notice, the Borough
shall not be required to give additional notice to the owner before
the Borough removes or arranges for the removal of accumulations of
rubbish or garbage on the property in that same calendar year, and
the Borough may collect the cost thereof, together with a penalty
of 10% of such cost, and allowable attorneys' fees from such
person in the manner provided by law.
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308.5. Enforcement. The Code Official or any police
officer shall be authorized to institute summary criminal proceedings
against any person who fails to comply with the requirements of this
Section 308 prohibiting accumulations of rubbish or garbage and requiring
proper storage and disposal of rubbish and garbage. The failure to
maintain exterior premises and property and the interior of a structure
free from accumulation of rubbish and garbage and/or the failure of
any person to comply with the requirements of Sections 308.2 and 308.3
of this Code is a violation of the provisions of this Code, whether
or not Borough Council, Code Official, or other officer or employee
of the Borough provides the notice set forth below. Any police officer
and the Code Official may institute summary enforcement proceedings
pursuant to Section 106 of this Code. Such prosecution shall not prevent
the Borough from also proceeding under the provisions of Section 308.4
to abate nuisance conditions on the premises.
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T.
Section 507.1, General, shall be amended to provide as follows:
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507.1. General. Drainage of roofs and paved areas,
yards, courts, and other open areas on the premises shall not be discharged
in a manner which creates a nuisance. Without limiting the foregoing,
drainage of stormwaters from any source shall not be directed into
any drain connecting with any public sewer system, any individual
or community sewage disposal system, any cesspool, or any absorption
area for a sewage disposal system. Drainage water from any source
shall not be directed on to the cartway of a public street or discharged
in such a matter that water accumulate on the cartway of a public
street.
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U.
Section 602.3, Heat supply, shall be amended by inserting "October
1" and "April 15" into the appropriate places.
V.
Section 602.4, Occupiable work spaces, shall be amended by inserting
"October 1" and "April 15" into the appropriate places.
W.
A new Chapter 9, Leasing of Residential Properties, shall be added,
which shall provide as follows:
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CHAPTER 9
LEASING OF RESIDENTIAL PROPERTIES
SECTION 900.0 GENERAL
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900.1. Scope: The purpose of this Chapter 9 of
the Property Maintenance Code and the policy of Mount Joy Borough
shall be to protect and promote 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
chapter provides for a systematic inspection program, registration
and licensing of residential rental units and penalties. In considering
the adoption of this chapter, the Borough makes the following findings:
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1.
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There is a concern in the Borough with the failure of some property
owners to properly maintain residential rental units.
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2.
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Borough records indicate there is a greater incidence of problems
with the maintenance and upkeep of residential properties which are
not owner-occupied as compared to those that are owner-occupied.
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3.
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Borough records indicate there are a growing number of disturbances
at residential rental units.
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4.
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Borough records indicate that violations of the Borough's
ordinances are generally less severe at owner-occupied units as compared
to residential rental units.
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Section 900.2. Responsibility: The owner of a structure
containing one or more residential rental units shall be responsible
for compliance with all requirements of this Chapter 9 other than
compliance with Section 906.0, Duties of Occupants of Residential
Rental Units. If the owner has designated a manager for a residential
rental unit, the manager shall also be responsible for compliance
with all requirements of this Chapter 9 other than compliance with
Section 906.0, Duties of Occupants of Residential Rental Units. Every
occupant of a residential rental unit shall be responsible for compliance
with Section 906.0, Duties of Occupants of Residential Rental Units.
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900.3. Definitions: For the purposes of this chapter,
the following terms shall have the meanings set forth below:
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Disruptive Conduct: An act by an occupant of a residential rental unit or by a person present at a residential rental unit involving public drunkenness, consumption of 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 quarrelling, or any other act defined as "disorderly conduct" in the Pennsylvania Crimes Code or any act prohibited in Chapter 116, Curfew, Chapter 130, Firearms, Chapter 170, Noise, or Chapter 200, Public Property, of the Borough Code of Ordinances, or which otherwise injures or endangers the health, safety or welfare of the residents of the Borough residing in the neighborhood or vicinity of the gathering. It is not necessary that such conduct, action, incident or behavior constitute a criminal offense nor that criminal charges be filed against any person in order for said person to have perpetrated, caused or permitted the commission of disruptive conduct, as defined herein; provided, however, that no disruptive conduct shall be deemed to have occurred unless a police officer shall investigate and make a determination that such did occur, and keep written records, including a disruptive conduct report, of such occurrences. The occupant and the owner and, if applicable, the manager shall be notified of any such occurrences, in writing. The definition of disruptive conduct shall be interpreted in accordance with Section 304 of the General Local Government Code as added by Act 200 of 2014.
[Added 9-12-2016 by Ord.
No. 6-16] | |||
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Disruptive Conduct Report: 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 Official.
[Added 9-12-2016 by Ord.
No. 6-16] | |||
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Family: A family as defined in Chapter 270, Zoning.
[Added 9-12-2016 by Ord.
No. 6-16] | |||
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Landlord: A person who owns or manages and who
leases or offers for lease residential rental units to occupants for
consideration, monetary or otherwise.
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Manager: A person retained by an owner to be responsible
for one or more residential rental units within the Borough.
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Occupant: Any person living and sleeping in a residential
rental unit or having possession of a residential rental unit.
[Added 9-12-2016 by Ord.
No. 6-16] | |||
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Owner: 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 chapter.
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Residential Rental Unit: (i) a rooming unit or
(ii) a dwelling unit let for rent or (iii) an other-than-owner-occupied
residential unit. Each individual townhouse dwelling, each individual
apartment unit, each individual unit in a multifamily building, each
individual residential unit in a mixed use 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. A residential rental unit includes dwelling units under lease-purchase
agreements, or long-term (greater than six months) agreements of sale.
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Rooming Unit: 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.
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SECTION 901.0 REPORTS BY OWNERS
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901.1. Required reports: Each landlord who owns,
rents or has available one or more residential rental units shall
submit to the Code Official, on a form provided by the Code Official,
the following information:
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1.
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The residential rental units owned by the owner located within
the Borough, whether presently occupied or unoccupied.
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2.
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The complete address of each such residential rental unit and
a description of the residential rental unit.
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3.
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Whether or not said residential rental unit is occupied and,
if so occupied, the names of all of the occupants of the residential
rental unit, specifying whether each such occupant is over 18 years
of age. Submission of a copy of the lease agreement, if it includes
this information, will be satisfactory.
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4.
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The name, address, phone number and e-mail address of the owner
and the name, address, phone number and e-mail address of the manager
if the owner is required to appoint a manager by Section 904.1. If
the owner is required to appoint a manager by Section 904.1, the owner
and the manager shall sign a statement by which the owner designates
that manager and authorizes the manager to accept service of notices
from the Borough.
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901.2. Reports by persons upon becoming landlords: Any person who becomes a landlord who owns, rents or has available
one or more residential rental units shall submit to the Code Official,
on a form provided by the Code Official, within 30 days thereafter,
the information set forth in Section 901.1 above.
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901.3. Reports by persons upon change in occupancy: Each time there is a change in the occupancy of a residential rental
unit, the landlord shall submit to the Code Official, on a form provided
by the Code Official, within 30 days thereafter, the information set
forth in Section 901.1 above. A change in occupancy shall include
the residential rental unit becoming vacant.
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SECTION 902.0 LICENSING OF RESIDENTIAL RENTAL UNITS
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902.1. Requirement to license: All landlords shall
obtain a license from the Code Official, on an annual basis, for each
residential rental unit. Annual licenses shall be valid for the period
of January 1 to December 31. Failure to obtain a license for any residential
rental unit shall be a violation of this chapter.
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902.2. License fee: The landlord of the residential
rental units shall pay the annual license fee set by resolution or
ordinance of Borough Council upon application for the annual license
for such residential rental unit.
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902.3 Issuance or revocation of license.
[Added 9-12-2016 by Ord.
No. 6-16] | |||
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1.
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The Code Official shall deny and may revoke a residential rental
license, for a residential unit, if the owner does not provide the
name, address and phone number of a manager (if applicable), does
not pay the annual license fee, is not current on real estate taxes,
sewer and water fees, trash collection fees for the residential rental
unit, does not correct a code violation within the time frame cited
by the Code Official, and/or has not complied with the disruptive
conduct provisions of this Chapter 9.
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2.
|
The Code Official shall deny and may revoke a residential rental
license, for a residential rental unit, if the following occurs within
the residential rental unit or on the premises:
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|
a.
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Failure to abate any violation of the Mount Joy Borough Property
Maintenance Code within the time specified in the notice of violation
unless an appeal is pending.
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b.
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Failure to take action to evict occupants of a residential rental
unit when the disruptive conduct provisions of this Chapter 9 require
such action.
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SECTION 903.0 INSPECTIONS
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|
903.1 Inspections: All residential rental units
shall be subject to inspection by the Code Official in accordance
with a schedule for regular inspection of all rental units, which
schedule shall provide for the inspection of all rental units at least
once every four years, whenever the tenant of the rental unit changes
or if a complaint concerning the residential rental unit is received
or if the Code Official otherwise determines that a violation of this
Code may exist. The landlord of each residential rental unit shall
make suitable arrangements with the Code Official for such inspections.
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SECTION 904.0 APPOINTMENT OF MANAGER
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|
904.1. Requirement to appoint manager: No residential
rental unit license shall be issued to any owner residing outside
of the county unless the owner provides the Code Official with the
name, mailing address and telephone number of a manager residing or
working within the county, authorized to accept service of process
on behalf of the owner. For the purpose of this chapter, 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 Official
within 30 days of any change in manager.
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|
SECTION 905.0 DUTIES OF OWNERS AND MANAGERS OF RESIDENTIAL
RENTAL UNITS
[Added 9-12-2016 by Ord.
No. 6-16] | |||
|
905.1 Duties of owners and managers of residential rental
units. It shall be the duty of every owner to:
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|
1.
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|
2.
|
Keep and maintain all premises in good and safe condition.
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|
3.
|
Be aware of, and to act to eliminate disruptive conduct in all
residential rental units.
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|
4.
|
Employ policies to and actually manage the residential rental units under his/her control in compliance with the provisions of this Chapter 195, Borough ordinances and applicable federal, state and local laws and regulations.
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|
5.
|
Pay or ensure payment of all real estate taxes, sewer rates,
and trash collection fees to insure that such vital utilities are
provided.
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|
6.
|
Provide each tenant with a disclosure statement containing the
requirements of this Chapter 9, including the provisions relating
to disruptive conduct. Providing a copy of this Chapter 9 to each
tenant will satisfy this requirement.
| ||
|
7.
|
Take all actions necessary to ensure that each residential rental
unit is occupied by only one family.
| ||
|
8.
|
Require a written rental agreement for each residential rental
unit which shall include the names of all permitted occupants.
| ||
|
9.
|
Provide at least one fire extinguisher, minimum UL rating of
2A-10B:C, ABC Dry Chemical, to be placed in the kitchen or in close
proximity to the kitchen, either under the kitchen sink or on a wall-mounted
bracket.
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|
10.
|
Install ten-year sealed lithium battery smoke detectors at such locations as are required by this Chapter 195 unless the residential rental unit is provided with an operational hard-wired smoke detection system.
| ||
|
11.
|
Post a notice which includes at a minimum the name, mailing
address and telephone number of the owner or manager; the evenings
on which refuse and recycling are to be placed curbside for collection
if the residential rental unit is provided with refuse and recycling
collection by the Borough's contractor; telephone number to call
to register complaints regarding the physical condition of the residential
rental unit; and telephone number for emergency police, fire and medical
services.
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|
906.0 DUTIES OF OCCUPANTS OF RESIDENTIAL RENTAL UNITS
[Added 9-12-2016 by Ord.
No. 6-16] | |||
|
906.1. Duties of occupants of residential rental units. Each occupant of a residential rental unit shall have the following
duties.
| |||
|
1.
|
Comply with all obligations of this Chapter 9 and all applicable
codes and Borough ordinances, as well as all applicable federal, state
and local laws and regulations.
| ||
|
2.
|
Conduct himself/herself and require other persons, including,
but not limited to, guests on the premises and within their residential
rental unit with their consent, to conduct themselves in a manner
that will not disturb the peaceful enjoyment of adjacent or nearby
dwellings by people occupying the same.
| ||
|
3.
|
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 Chapter 9, Codes, or applicable
federal, state and local laws and regulations.
| ||
|
4.
|
Use the trash and recyclable collection services provided by
the owner.
| ||
|
5.
|
Use the residential rental unit for no purpose other than as
a residence.
| ||
|
6.
|
Maintain the residential rental unit in a manner meeting all requirements for occupants of structures set forth in Chapter 195, Property Maintenance.
| ||
|
7.
|
Allow the Code Official to inspect the residential rental unit
in accordance with this Chapter 9 at reasonable times.
| ||
|
8.
|
Not allow persons other than those identified on the lease to
reside in the residential rental unit.
| ||
|
9.
|
Not allow the residential rental unit to be occupied by more
than one family.
| ||
|
10.
|
Not permit the possession of, serving to or consumption of alcohol
by underage persons.
| ||
|
907.0 DISRUPTIVE CONDUCT
[Added 9-12-2016 by Ord.
No. 6-16] | |||
|
907.1 Disruptive conduct.
| |||
|
1.
|
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.
| ||
|
2.
|
The occupant or the owner and, if applicable, the manager shall have 10 working days from the date of a disruptive conduct to appeal the disruptive conduct report. The appeal shall be made in writing and submitted to the Borough Secretary in accordance with Section 111.1 of this Chapter 195.
| ||
|
3.
|
After three documented disruptive conduct incidents by an occupant
in any twelve-month period, the owner and, if applicable, the manager
shall have 10 working days from the date of the third disruptive conduct
report to begin eviction proceedings against the occupant(s) under
the Pennsylvania Landlord and Tenant Act of 1951. Owner/manager must
submit a copy of the document to the Code Official commencing the
eviction proceedings against the occupant(s) of a residential rental
unit. Failure to take such action will result in the immediate revocation
of the rental license issued by the Borough. The residential rental
unit involved shall not have its rental license reinstated until the
disruptive occupants have been evicted, the Magisterial District Judge
has ruled in the occupant's favor, the Magisterial District Judge
has ruled in the owner's favor but has not ordered the eviction
of the occupant(s), or the occupant(s) have filed an appeal to a higher
court or declared bankruptcy, thereby preventing their eviction. The
disruptive occupant(s), upon eviction, shall not reoccupy any residential
rental unit on the same premises involved for a period of at least
one year from the date of eviction. This paragraph is not intended
to limit or inhibit the owner, and if applicable, the manager's
rights to initiate eviction actions prior to the issuance of a third
disruptive conduct report in a twelve-month period.
| ||
|
4.
|
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 Section 907.1.
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