[HISTORY: Adopted by the Borough Council of the Borough of
Adamstown as indicated in article histories. Amendments noted where
applicable.]
[Adopted 11-11-2008 by Ord. No. 343]
This article shall be known as may be cited as the "Adamstown
Borough Residential Rental Unit Regulation Ordinance."
The purpose of this article and the policy of the Borough of
Adamstown shall be to protect and promote the public health, safety
and welfare of its citizens, to establish rights and obligations of
owners and occupants relating to residential rental units in the Borough
and to encourage owners and occupants to maintain and improve the
quality of rental housing within the Borough. As a means to these
ends, this article provides for a systematic inspection program, registration
and licensing of residential rental units, and penalties.
Unless otherwise expressly stated, the following terms shall,
for the purpose of this article, have the meanings indicated as follows:
The Borough of Adamstown, Lancaster and Berks Counties, Pennsylvania.
A person designated by Borough Council to enforce this article,
including issuance of residential rental licenses and the issuance
of citations.
Any state or local code or ordinance adopted, enacted or in effect in and for the Borough, including, but not limited to, the Building Code, codified as Chapter 109; the Property Maintenance Code, codified as Chapter 202; the Zoning Ordinance, codified as Chapter 320; the Solid Waste and Recycling Ordinance, codified as Chapter 243; and general nuisance ordinances.
The Counties of Lancaster and Berks.
Any room or group of rooms located within a hotel, motel
or bed-and-breakfast forming a single habitable unit used or intended
to be used for living and sleeping only on a transient basis for a
period of less than 30 days.
A person retained by an owner to be responsible for one or
more residential rental units within the Borough.
Any person over one year of age living and sleeping in a
residential rental unit or having actual possession of said residential
rental unit for a period of 30 days during the calendar year.
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 copartnership, each such person shall
be considered an owner and shall have all of the duties of an owner
under this article.
A natural individual, unincorporated association, partnership,
corporation, estate, trust or any other legally recognized entity,
and the members of such partnership and the officers of such corporation.
A premises in which food, shelter and personal assistance
or supervision are continually provided for four or more adults who
are not relatives of the operator, who do not require the services
in or of a licensed long-term facility, but who do require assistance
or supervision in matters such as dressing, bathing, diet, financial
management, evacuation of a residence in the event of an emergency,
or medication prescribed for self-administration, and which meets
the regulations of any applicable government licensing agency.
Any parcel of real estate within the Borough, including the
land and all buildings and appurtenant structures, on which one or
more residential rental units are located.
The Borough Property Maintenance Code enacted as Chapter 202 of this Code, as it may be amended in the future.
A person designated by Borough Council to perform inspections
of residential rental units.
A document issued by the Code Enforcement Officer to the
owner of a residential rental unit.
(i) A rooming unit; or (ii) a dwelling unit let for rent;
or (iii) a residential unit occupied by any persons other than one
occupied solely by the owner and members of the owner's family.
Each individual townhouse dwelling, each individual apartment unit,
each individual unit in a multifamily building, and each rooming unit
shall be considered a separate residential rental unit. If a structure
contains a rooming unit or if any portion of the structure is let
for rent, it shall be considered a residential rental unit whether
or not the owner or a relative of the owner also resides in the structure.
A residential rental unit shall not include a hotel unit or a personal
care home. A residential rental unit includes dwelling units under
lease-purchase agreements, or long-term (longer than six months) agreements
of sale.
A portion of a dwelling unit including any room or group
of rooms forming a single habitable unit used or intended to be used
for living and sleeping but not for cooking purposes. Granting of
permission to use shared or common cooking facilities may be associated
with the leasing of a rooming unit.
A.
It shall be the duty of every owner to:
[Amended 4-3-2012 by Ord.
No. 366]
(1)
Keep and maintain all residential rental units in compliance with all applicable codes and provisions of all applicable state laws and regulations, including but not limited to Chapter 320, Zoning.
(2)
Keep and maintain all premises in good and safe condition.
(3)
Be aware of and to act to eliminate disruptive conduct in all residential
rental units.
(4)
Employ policies and to manage the residential rental units under
his/her control in compliance with the provisions of this article,
Borough codes and applicable state laws.
(5)
Obtain and maintain a residential rental license.
(6)
Provide the Borough within 30 days of the names of all tenants of
the residential rental unit and notify the Borough of changes in the
occupancy of the residential rental unit.
(7)
Provide trash and recyclable collection and disposal services and
instruct tenants of the method of trash and recyclable collection
(e.g., curbside or dumpster) and, if applicable, the day of week of
trash and recyclable pickup, or direct tenants to provide for trash
and recyclable collection in accordance with all applicable ordinances
and regulations.
(8)
Provide each tenant with a disclosure statement containing the requirements
of this article, including the provisions relating to disruptive conduct.
Provision of a copy of this article to each tenant will satisfy this
requirement.
(9)
Take all actions necessary to ensure that each residential rental unit is occupied by only one family. For the purposes of this paragraph, a "family" shall be considered to be a "family" as that term is defined in Chapter 320, Zoning, i.e., no more than three persons unrelated to all the others by blood, marriage, adoption or legal foster relationship.
(10)
Require a written rental agreement for each residential rental
unit.
(11)
Retain a manager when this article requires that a manager be
designated.
C.
It shall be unlawful for any person to conduct or operate or cause
to be rented, either as owner or manager, any residential rental unit
within the Borough without having a residential rental license as
required by this article.
D.
The owner and, if applicable, the manager shall include the amendment
attached hereto as Exhibit A, identified as "Addendum to Residential
Rental Agreement," in each lease of a residential rental unit taking
effect on or after January 1, 2009.
E.
It shall be the responsibility of every owner and every manager to
display the residential rental license in the residential rental unit.
The residential rental license shall include the following information:
(1)
The name, mailing address and telephone number of the owner or manager.
(2)
The evenings on which garbage and recycling are to be placed curbside
for collection.
(3)
The telephone number to call to register complaints regarding the
physical condition of the residential rental unit.
(4)
The telephone number for emergency police, fire and medical services.
(5)
The date of expiration of the residential rental license.
(6)
A summary of the owner's and occupant's duties under this
article.[1]
[1]
Editor's Note: Original subsection 6, concerning issuance
of residential rental licenses to owners residing more than 20 miles
from the municipal limits, which immediately followed this subsection,
was repealed 4-3-2012 by Ord. No. 366.
A.
All property owned by the County or any housing authority created
by the County, which is inspected annually by those agencies to assess
conformance with federal standards, or properties that are inspected
annually for compliance with the requirements of the United States
Department of Housing and Urban Development or the Pennsylvania Housing
Finance Agency, regardless of the occupants, shall be exempt from
the licensing provisions of this article.
B.
If in response to a complaint an exempt unit is found to be in violation
of a code, the owner and, if applicable, the manager shall correct
the violation(s) within the time frame cited by the Code Enforcement
Officer. If the violation(s) is/are not corrected, the unit shall
lose its exemption until the violation(s) is/are corrected. If three
verified complaints are received in any twelve-month period, the unit
shall lose its exemption from the requirement to obtain a license
for a period of five years.
Each occupant of a residential rental unit shall have the following
duties:
A.
Comply with all obligations of this article and all applicable codes
and Borough ordinances, as well as all state laws and regulations.
B.
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 the premises by others
and that will not disturb the peaceful enjoyment of adjacent or nearby
dwellings by people occupying the same.
C.
Not engage in, nor tolerate, nor permit others on the premises to
cause damage to the residential rental unit or engage in disruptive
conduct, or other violations of this article, codes, Borough ordinances,
or applicable state laws.
D.
Use the trash and recyclable collection services provided by the
owner or as directed by the owner.
E.
Use the residential rental unit for no purpose other than as a residence or uses approved by the owner which comply with all requirements of Chapter 320, Zoning; provided, however, that all necessary Zoning Ordinance approvals are obtained prior to instituting any use in connection with the residential use.
F.
Maintain the residential rental unit in a manner meeting all requirements
for occupants of structures set forth in the Property Maintenance
Code.
G.
Allow the Rental Inspector and/or the Code Enforcement Officer to
inspect the residential rental unit in accordance with this article
at reasonable times.
H.
Not allow persons other than those identified on the lease to reside
in the residential rental unit.
I.
Not allow the residential rental unit to be occupied by more than one family. For the purposes of this paragraph, a "family" shall be considered to be a "family" as that term is defined in Chapter 320, Zoning.
J.
Not permit the possession of, serving to or consumption of alcohol
by underage persons.
A.
The owner or manager of each residential rental unit shall apply
for and obtain an annual residential rental license by January 1 of
each calendar year. A residential rental unit license shall be valid
until December 31 of the year in which it is issued. The Borough as
a courtesy may forward a notice that a residential rental license
will expire and must be renewed, but the failure of the Borough to
send such notice or the failure of the manager to receive such notice
shall not excuse the manager of a residential rental unit from making
an application to obtain and/or renew a residential rental unit license.
[Amended 4-3-2012 by Ord.
No. 366]
B.
Prior to initial occupancy of newly constructed residential rental
units, newly created residential rental units, or substantially rehabilitated
residential rental units, the owner or manager shall register with
and make written application to the Code Enforcement Officer for a
residential rental license as herein provided.
C.
The Code Enforcement Officer shall issue a residential rental license
if the owner provides the name, address and phone number of a manager
(if applicable), pays the registration fee, and submits a complete
and accurate occupant listing for each residential rental unit.
[Amended 4-3-2012 by Ord.
No. 366]
D.
The Code Enforcement Officer shall deny and may revoke a residential
rental license if the owner does not provide the name, address and
phone number of a manager (if applicable), does not pay the annual
registration fee, does not submit a complete and accurate occupant
listing for each residential rental unit with the application for
renewal of the residential rental unit license or within one month
after a change in the identity of the occupants of the residential
rental unit, and/or does not correct a code violation within the time
frame cited by the Code Enforcement Officer.
[Amended 4-3-2012 by Ord.
No. 366]
E.
The Code Enforcement Officer shall deny and may revoke a residential
rental license if the following occur within the licensed residential
rental unit or on the premises:
(1)
Failure to abate any violation of the Property Maintenance Code within
the time specified in the notice of violation unless an appeal is
pending.
(2)
Occurrence of three violations of this article and/or of any other
Borough codes or ordinances that apply to the residential rental unit
or premises during the term of the license. Before an occurrence may
be considered a violation there must be either: a) a summary conviction;
or b) the Code Enforcement Officer must send the owner a written notice
of the violation within 30 days of the incident, and the period for
the owner to file an appeal from the determination of the Code Enforcement
Officer must have expired.
F.
The Code Enforcement Officer shall forward written notice to the
owner if the Code Enforcement Officer will deny, refuse to renew or
revoke a residential rental license. The notification shall: a) identify
the residential rental unit; b) the grounds for the denial, nonrenewal
or revocation, including the factual circumstances and the section
of this article supporting such determination; and c) inform the owner
of the right to appeal the denial, nonrenewal or revocation of the
residential rental license to Borough Council under this article.
G.
The Code Enforcement Officer may reinstate a residential rental license
if the owner or manager corrects the reason for the revocation of
the residential rental license and has paid the residential rental
license reinstatement fee.
Prior to initial occupancy of newly constructed residential
rental units, newly created residential rental units, or substantially
rehabilitated residential rental units (as documented by a certificate
of occupancy), the owner or manager shall register with and make written
application to the Code Enforcement Officer for a residential rental
license as herein provided.
A.
Initial inspections will occur in accordance with a systematic inspection
program to be prepared and made available upon request by the Code
Enforcement Officer. A minimum 30 days' written notice shall
be given for all initial inspections. The penalty for not allowing
an inspection shall be revocation of the residential rental license.
B.
The Rental Inspector shall inspect residential rental units after
completion of the initial inspections under this article in accordance
with a systematic program providing for inspections once every three
years. The Rental Inspector also shall inspect residential rental
units upon receipt of complaints or for any other reasonable cause.
[Amended 4-3-2012 by Ord.
No. 366]
C.
If the Code Enforcement Officer, upon completion of the inspection
by the Rental Inspector, finds that the applicable codes have not
been met, the Code Enforcement Officer shall issue notices and, if
appropriate, commence enforcement actions under the procedure set
forth in the code which has been violated. The following notices shall
be issued to the owner of the residential rental unit or the manager.
Notice provided to a manager shall be deemed notice provided to the
owner.
(1)
If the Code Enforcement Officer finds violations warranting condemnation
of the residential rental unit under the Property Maintenance Code,
in addition to the remedies under the Property Maintenance Code, the
Code Enforcement Officer shall:
(a)
Issue a ten-day notice of violation; and
(b)
If after 10 days from the date of the ten-day notice of violation
a reinspection reveals that the violations are not corrected and arrangements
satisfactory to the Code Enforcement Officer have not been made, the
residential rental license for the residential rental unit shall be
revoked, and if the residential rental unit is vacant, it shall remain
vacant.
(2)
If the Code Enforcement Officer finds violations not warranting condemnation
of the residential rental unit under the Property Maintenance Code,
the Code Enforcement Officer shall issue a thirty-day notice of violation.
(a)
If after 30 days from the date of the thirty-day notice of violation
the first reinspection reveals that all violations have not been corrected,
a thirty-day legal action warning shall be issued.
(b)
If after 30 days from the date of the thirty-day legal action
warning the second reinspection reveals that all violations have not
been corrected, the Code Enforcement Officer shall revoke the residential
rental license for the residential rental unit, and if the residential
rental unit is vacant, it shall remain vacant.
(c)
The Code Enforcement Officer shall maintain a list of all residential
rental units and their ownership that have been the subject of prosecution
during the preceding five years.
[Amended 4-3-2012 by Ord.
No. 366]
A residential rental license shall not be transferred. If a
building containing one or more residential rental units is sold or
transferred, the new owner shall seek a residential rental license
for such residential rental unit(s) or, if the new owner has an existing
residential rental license for other residential rental units in the
Borough, shall seek to have his existing residential rental license
amended to include such newly acquired residential rental unit(s),
and the new owner shall have each residential rental unit in such
building inspected. Failure to seek a residential rental license or
an amendment to the new owner's existing residential rental license
within 60 days of the date of sale or transfer of ownership shall
result in the revocation of the residential rental license in existence
at the time of transfer of a building containing one or more residential
rental units.
An appeal from any decision of the Code Enforcement Officer
shall be taken to Borough Council. Such appeal shall be made in writing
within 10 working days after such decision has been made. The appeal
shall be verified by an affidavit, shall state the grounds therefor
and shall be filed with the Borough Secretary. The appeal shall be
accompanied by the appeal fee, which shall be established by ordinance
or resolution of 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.
A.
Violations. It shall be a violation of this article to commit or
to permit any other person to commit any of the following acts:
(1)
To lease, let or allow the occupancy of a residential rental unit
without obtaining a residential rental license where required by this
article.
(2)
To refuse to permit inspections required under this article for a
residential rental unit.
(3)
To fail to perform the duties established by § 220-4 of this article if such person is an owner or a manager of a residential rental unit.
(4)
To fail to perform the duties established by § 220-6 of this article if such person is an occupant of a residential rental unit.
(5)
To place false information on or to omit relevant information from
an application for a residential rental license.
(6)
To fail to comply with any other provision of this article.
B.
Penalties and remedies:
(1)
Allowing occupancy of a residential rental unit after the residential
rental license has been revoked: a fine of not less than $500 per
residential rental unit for each month the violation exists; each
month the violation exists constitutes a separate violation.
(2)
Failure to seek a residential rental license: The owner or manager
shall be sent a thirty-day notice of violation, warning him of his
failure to comply with the terms of this article. If he does not comply
at the end of 30 days, there shall be a fine of not less than $500
per residential rental unit for each month the violation exists; each
month the violation exists constitutes a separate violation.
(3)
Whoever violates any other provision of this article shall, upon
a first offense, be fined not more than $1,000.
(4)
In addition to prosecution of persons violating this article, the
Code Enforcement Officer or any duly authorized agent of the Borough
may take such civil or equitable remedies in any court of record of
the Commonwealth of Pennsylvania against any person or property, real
or person, to effect the provisions of this article.
(5)
The provisions of this section and the provisions of this article
governing revocation, suspension or nonrenewal of residential rental
licenses shall be independent, nonmutually exclusive, separate remedies,
all of which shall be available to the Borough as may be deemed appropriate.
The remedies and procedures in this article are not intended to supplant
or replace, to any degree, the remedies provided to the Borough in
the Property Maintenance Code, the Zoning Ordinance or any other code.
