[HISTORY: Adopted by the Borough Council
of the Borough of Mount Gretna as indicated in article histories.
Amendments noted where applicable.]
[Adopted 9-12-2016 by Ord. No. 204]
Mount Gretna Borough has seen an increase in concern over residential
rental occupied units over the past several years. The purposes of
this article are to promote the health, safety, and general welfare
of the Borough's residents by establishing uniform procedures for
licensing of residential rental units within the Borough and to set
forth the penalties for violations of this article.
As used in this article, the following terms shall have the
meanings indicated:
- BEDROOM
- A room or space designed to be used for sleeping purposes
with two means of ingress (one of which may be a window acceptable
under the building code), a closet, and in close proximity to a bathroom.
Space used for eating, cooking, bathrooms, toilet rooms, closets,
halls, storage or utility rooms and similar uses are not considered
bedrooms. Space used or intended for general and informal everyday
use such as a living room, den, sitting room or similar is not to
be considered a bedroom.[Added 12-19-2018 by Ord. No. 213]
- BOROUGH
- Mount Gretna Borough, Lebanon County, Pennsylvania 17064.
- BOROUGH COUNCIL
- The duly elected governing body of Mount Gretna Borough, Lebanon County, Pennsylvania.
- DAY GUEST
- A visitor to the rental property but not constituting an
occupant.[Added 12-19-2018 by Ord. No. 213]
- DWELLING UNIT
- A residential living area for one household that is used for living and sleeping purposes and includes its own cooking facilities and bathroom with a toilet and a bathtub and/or shower.
- ENFORCEMENT OFFICER
- Any person specifically designated to enforce this article by resolution of Borough Council.
- MANAGER
- An adult individual may be designated by the owner of a residential rental unit under this article. The manager then shall be the agent of the owner for service of process and receiving notices or demands and to perform the obligations of the owner under this article.
- OCCUPANT
- An individual who resides in a residential rental dwelling unit other than a tenant.
- OWNER
- One or more persons, corporation, partnership or other association in whom is vested all or part of the legal title to the premises.
- OWNER-OCCUPIED UNIT
- A dwelling unit in which at least one owner of record of the property resides as his/her primary dwelling throughout a calendar year and/or a summer residence in which the owner resides on a seasonal basis. If an owner-occupied unit is rented for any time, said rental shall be governed by the provisions of the requirements of a residential rental unit set forth herein.
- RESIDENTIAL RENTAL UNIT
- A dwelling unit occupied for residential purposes that is not an owner-occupied unit.
- RESIDENTIAL RENTAL UNIT LICENSE
- A license issued to the owner of a residential rental unit that is required in order to lawfully rent and occupy a residential rental unit.
- SHORT-TERM RENTALS
- Any dwelling unit owned or managed by a person, firm or corporation
which is rented or leased for a period of less than 30 consecutive
days, during which time the owner or manager is not present on a full-time
basis.[Added 12-19-2018 by Ord. No. 213]
- TENANT
- An occupant of a residential rental unit with whom a legal relationship with the owner exists pursuant to a lease or other legally enforceable agreement under the laws of the Commonwealth of Pennsylvania.
It shall be the duty of every owner to:
A.
Obtain and maintain a residential rental unit license for each residential rental unit as set forth in § 137-5 of this article. This provision shall apply to any and all leases or other legally enforceable agreements under the laws of the Commonwealth of Pennsylvania, regardless of length.
B.
Provide
the Borough with the maximum sleeping accommodation occupancy for
the residential rental unit not to exceed 10 occupants. The occupancy
may exceed 10 upon written application of the owner to Borough Council
for an exemption, which exemption would be at the sole discretion
of Borough Council.
C.
Post in a prominent place within the unit any and all trash and recyclables collection and disposal services information to tenants and occupants as provided by the Borough and instruct tenants and occupants about the collection process for such trash and recyclables collection and disposal services (e.g., curbside or dumpster and day of pick up). Provide each unit a copy of Mount Gretna Borough Refuse, Noise and Parking Ordinances. The ordinances may be viewed at the Borough website, http://borough.mtgretna.com. (Noise, Chapter 118, Chapter 121, regarding refuse and garbage, § 121-2(a)(1)(a) through (c), § 134-8, Chapter 76, Open Burning, §§ 76-1, 76-5, 155-2 through 155-3, and Vehicles and Traffic, Chapter 181).
D.
If appointed
by the owner, the manager shall be considered the owner's agent for
purposes of service of process and receiving notices and requests
from the Borough, as well as for performing obligations of the owner
as set forth in this article.
A.
A residential
rental license shall not be issued to an owner unless the owner provides
the Borough with his or her name, mailing address, e-mail address
if available, and telephone number, including a twenty-four-hour emergency
phone number or that of a designated manager. A post office box shall
not be an acceptable address for an owner or manager. The owner shall
be required to notify the Borough of any changes within 10 business
days.
B.
Within
60 days following the effective date of this article, the owner or,
if applicable, designated manager of each residential rental unit
within the Borough shall apply for a residential rental license from
the Borough which shall be valid until December 31, 2017.
C.
It shall
be the responsibility of the owner or manager to post or otherwise
provide a copy of the residential rental license to the tenants of
each residential rental unit. The residential rental license shall
include the following information:
D.
By December
1 of each calendar year, beginning with calendar year 2017, the owner
or, if applicable, the manager of each residential rental unit shall
apply for a residential rental license from the Borough, which license
shall be valid from January 1 to December 31 of the following year.
E.
In order
to be issued the annual residential rental license each year, the
owner or, if applicable, the manager of each residential rental unit
shall:
(1)
Provide
the Borough with the name, mailing address, e-mail address if available,
and phone number of the owner or, if applicable, manager of the residential
rental unit.
(2)
Provide the Borough with the maximum number of occupants who will reside in the residential rental unit not to exceed 10 occupants except as set forth in § 137-3B of this article.
(3)
Ensure
that any overdue real estate taxes, water, sewage and other outstanding
fees that are owed to the Borough are fully paid as required.
(4)
Tender
the Borough the annual licensing fee of $40. This fee is intended
to cover the Borough's costs for administering this article. The fee
may be modified by a future Borough resolution based on costs experienced.
F.
Where there
is a recurring annual long-term rental with a history of five consecutive
years with the same occupant(s), the owner may reapply every five
years for a rental license unless the occupancy changes within the
five years and a new residential license would be required.
[Added 12-19-2018 by Ord.
No. 213]
A.
Unless otherwise specifically stated herein, the Enforcement Officer
shall be permitted to inspect each residential rental unit at or prior
to the issuance of a rental license;
B.
After the initial inspection, and unless specifically stated below,
the Enforcement Officer shall be permitted to inspect each residential
unit once every two years to insure compliance of this article;
C.
The Enforcement Officer shall be permitted to inspect a residential
rental unit whenever there is probable cause to believe that a violation
of the within article is present. Under such circumstances, the Enforcement
Officer shall provide the owner, or if applicable, manager, with 72
hours' notice of an inspection under this subsection;
D.
The cost of any inspection incurred by the Enforcement Officer shall
be paid by the owner to the inspection agency within 30 days after
the date of invoice to the owner of the required fee as established
by resolution by Mount Gretna Borough. The rental license is automatically
suspended for failure to make payment as set forth herein;
E.
Written consent for inspection of the property by the Enforcement
Officer to verify compliance with the conditions of the rental application.
[Added 12-19-2018 by Ord.
No. 213]
A.
No more than one short-term rental unit may be located in a structure,
and a short-term rental unit may not be located in a structure which
also contains one or more other dwelling units.
C.
The maximum number of day guests allowed at any one time, in addition
to the overnight occupants, shall be 10.
D.
Inspections for a short-term rental unit shall demonstrate that the
short-term rental unit contains or meets all of the following:
(1)
Working smoke detector in each bedroom;
(2)
Working smoke detector outside each bedroom in the common hallway;
(3)
Working smoke detector on each floor;
(4)
GFI outlet required if outlet located within six feet of water
source (all sinks, sump pumps, etc.);
(5)
Aluminum or metal exhaust from clothes dryer (if a dryer is
provided);
(6)
Carbon monoxide detector if open flame (oil or gas) furnace
or gas fireplace;
(7)
Carbon monoxide detector if garage is attached;
(8)
Fire extinguisher in kitchen;
(9)
Stairs (indoor and outdoor) in good condition;
(10)
Covers (faceplate) on all outlets;
(11)
Fully functioning bathing and toilet facilities;
(12)
Fully functioning kitchen (if one has been installed);
(13)
The Pennsylvania Uniform Construction Code and the International
Property Maintenance Code as adopted by the Borough.
E.
Other certificates/information.
F.
The applicant shall prepare and present a notice which shall be prominently
and continuously posted at the short-term rental unit which contains
all the following information:
(1)
The name of the local contact person or owner of the short-term
rental unit and a telephone number which that party may be reached
on a twenty-four-hour basis.
(2)
The 911 address of the property.
(3)
The maximum number of occupants permitted to stay in the dwelling
unit and the maximum number of day guests permitted at any one time.
(4)
The trash pickup days and notification that trash and refuse
should not be left or stored on the exterior of the property except
in secure, watertight metal or plastic cans or similar containers
designed for storage, with a limit of three secured containers.
(5)
Notification that an occupant may be cited and/or fined for
creating a disturbance or for violation of other provisions of the
applicable Borough ordinances, including, but not limited to, parking,
occupancy limits, and noise.
(6)
Notification that short-term rental occupants and guests are
required to make the dwelling unit available for inspection by the
Enforcement Officer upon request.
G.
At the time of a request for a rental license, the applicant shall
provide confirmation that the applicant has taken all action to register
with the Lebanon County Treasurer to enable the applicant to pay the
hotel room rental tax imposed by Lebanon County. No rental license
for the short-term rental unit shall be issued until the applicant
presents such confirmation or registration.
H.
The owner shall use his/her best efforts to ensure that the occupants
of the short-term rental unit do not create unreasonable noise or
disturbances, engage in disorderly conduct, or violate provisions
of Mount Gretna Borough ordinances or any state law pertaining to
noise or disorderly conduct by notifying the occupants of the rules
regarding short-term rental units and responding when notifying the
occupants are violating laws regarding their occupancy.
I.
The owner shall, upon notification that the occupants of the short-term
rental unit have created unreasonable noise or disturbances, engage
in disorderly conduct or violated provisions of Mount Gretna Borough
ordinances or state law pertaining to noise or disorderly conduct,
properly use their best effort to prevent a recurrence of such conduct
by those occupants or guests.
J.
Any overnight occupancy of recreational vehicles, campers, trailers,
and tents at the property where the short-term rental is located shall
not be allowed. Outdoor overnight sleeping of occupants or guests
of the short-term rental is prohibited.
A.
It shall
be the duty of each occupant and tenant of a residential rental unit
to use the trash and recyclables collection services as instructed
by the owner to include placing trash and recyclables for regular
pickup.
B.
It shall
be the duty of each tenant to ensure that no unauthorized occupants
reside in a residential rental unit unless approved by the owner.
Residential rental licenses shall not be transferred. If a licensed
residential rental unit is sold or transferred, the new owner shall
seek a residential rental license for each residential rental unit
within 30 days of the date of sale or transfer.
A.
Any appropriate
Borough official is authorized to initiate enforcement actions against
owners, managers, tenants and/or occupants for any violation of this
article.
B.
If the
appropriate Borough official discovers a violation of this article,
he/she shall send written notice upon the owner, manager, tenant and/or
occupant, whomever is in violation of this article, which shall identify
the residential rental unit in question, provide a detailed description
of the violation, set forth a description as to what is required to
correct the violation and afford five days to correct the violation.
C.
The enforcement
notice shall be served upon the owner, manager, tenant or occupant,
whomever is in violation of this article, by personal service, or
service by certified or registered mail, return receipt requested.
E.
The appropriate
Borough official may also deny or revoke a residential rental license
if the owner does not provide his/her current name, address, e-mail
address, if available, and phone number, including a twenty-four-hour
emergency phone number, and, if applicable, the name, address, e-mail
address, if available, and phone number of the manager, does not tender
the annual registration fee, or does not correct or ensure a correction
of a violation of this article within five days of written notification
of the violation by the appropriate Borough official. Written notification
shall occur by personal service or by sending the owner or, if applicable,
manger by certified mail, return receipt requested, restricted delivery.
The notification shall identify the residential rental unit, the grounds
for the denial or revocation, citing the factual circumstances and
section of this article supporting such determination and advise the
owner of the right to appeal the denial or revocation of the residential
rental license to Borough Council.
F.
The appropriate
Borough official shall 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 of $20.
An appeal of the appropriate Borough official's decision may
be taken to Borough Council. An appeal shall be made, in writing,
within 10 days after such decision of the appropriate Borough official
has been made and delivered to the offending party. The appeal shall
be verified, shall state the grounds for an appeal and shall be filed
with the Borough Secretary at the Borough office. The appeal shall
be accompanied by the appeal fee of $25 which shall be established
periodically by Borough Council resolution. The appellant or his/her
representative shall have the right to appear and be heard. Borough
Council shall render a written decision within 10 days following the
hearing. The decision shall be in writing and provided to the appropriate
Borough official and appellant. A pending appeal shall stay a suspension
of the owner's residential rental license.
A.
It shall be a violation for any person to fail to comply with any section of this article that is not corrected as set forth in § 137-7 herein and after appeal rights have been exhausted pursuant to § 137-8.
[Amended 12-19-2018 by Ord. No. 213]
(1)
The marketing of a short-term rental in which the advertised occupancy
exceeds the maximum occupancy requirements permitted by this article
or which promotes any other activity which is prohibited by this article
shall be a violation of this article.
(2)
If the premises are owned by more than one owner, each owner shall
be severally subject to violation of this article.
B.
An owner,
manager, occupant, or tenant determined to be in violation of this
article may be subject to the following:
(1)
For
any violation of this article, the violator may be required by a District
Magistrate or any appropriate court official to pay a fine of not
less than $50 or more than $600 plus costs as set forth below. Each
day that a violation of this article continues shall constitute a
separate offense.
(2)
The
violator shall be required to pay all administrative costs and counsel
fees and expenses associated with the Borough's enforcement of this
article.
C.
Nonexclusive
remedies. The penalty provisions set forth herein shall not limit
the ability of the Borough to file any appropriate action in law or
in equity in the Court of Common Pleas of Lebanon County.
A.
This article
shall be governed by, and shall be construed in accordance with, the
laws of the Commonwealth of Pennsylvania. Venue of this article lies
within Lebanon County, Pennsylvania.
B.
If any
provision of this article shall be determined or declared to be void
or invalid in law or otherwise, then only that provision shall be
stricken from this article and in all other respects this article
shall be valid and continue in full force and effect.
C.
This article
shall be accepted immediately upon enactment.