[Ord. 2017-9, 11/6/2017[1]]
This Part shall be known as the Borough of Forty Fort "Residential
Rental Unit Occupancy Ordinance."
[1]
Editor's Note: This ordinance superseded former Part 1, Registration
of Residential Rental Units, adopted by Ord. No. 2002-6, 8/5/2002,
as amended.
[Ord. 2017-9, 11/6/2017]
It is the purpose of this Part and the policy of the Council
of the Borough of Forty Fort, in order to protect and promote the
public health, safety and welfare of its citizens, to establish rights
and obligations of owners and occupants relating to the rental of
certain residential rental units in the Borough of Forty Fort and
to encourage owners and occupants to maintain and improve the quality
of rental housing within the community. It is also the policy of the
Borough that owners, managers and occupants share responsibilities
to obey the various codes adopted to protect and promote public health,
safety and welfare. As a means to those ends, this Part provides for
a system of inspections, issuance and renewal of occupancy licenses
and sets penalties for violations. This Part shall be liberally construed
and applied to promote its purposes and policies. In considering the
adoption of this Part, the Borough of Forty Fort finds that in recent
years, many formerly private homes have been turned into residential
rental units. Those rental units have often times been rented to individuals
who, because they have no ownership interest in the property, have
allowed the properties to deteriorate. In many cases, the owners of
the properties live long distances from the Borough of Forty Fort.
As a result, property maintenance of many rental units in the Borough
of Forty Fort has been somewhat lax. In addition, problems have occurred
because many tenants, because they have no ownership interest in the
real estate, have not been concerned about following codes of the
Borough of Forty Fort, including codes which govern maintenance and
safety of the property. This, in turn, has caused problems for other
homeowners near the rental units. In addition, there is a greater
incidence of violations of various codes of the Borough of Forty Fort
in residential rental properties where owners rent properties to tenants.
[Ord. 2017-9, 11/6/2017]
As used in this Part, the following terms shall have the meanings
indicated:
The Borough of Forty Fort, Luzerne County, Pennsylvania.
Any code or ordinance adopted, enacted and/or in effect in and for the Borough of Forty Fort concerning fitness for habitation or the construction, maintenance, operation, occupancy, use or appearance of any premises or residential rental unit. Included within, but not limited by, this definition are the following which are in effect as of the date of the enactment of this Part: the Uniform Construction Code (hereinafter "UCC"), the International Property Maintenance Code, the International Plumbing Code, the International Fire Prevention Code, the International Electrical Code, the Floodplain Management Ordinance [Chapter 8], the International Building Code and any duly enacted amendment or supplement to any of the above and any new enactment falling within this definition.
The duly appointed Code Enforcement Officer(s) having charge
of the Office of Code Enforcement for the Borough of Forty Fort and
any assistant or agents.
Any open area within a structure shared by occupants or that
the occupants have the right to share, including, but not limited
to, kitchens, bathrooms, living rooms, dining rooms, attics, basements
and any room used for parties, social events, or the congregation
of people, excepting bedrooms.
Any form of conduct, action, incident or behavior perpetrated,
caused or permitted by any occupant or visitor of a residential rental
unit that is so loud, 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.
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.
A person on the premises with the actual or implied consent
of an occupant.
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 the present use and enjoyment
of the premises, including a mortgage holder in possession of a residential
rental unit (same as "owner").
The Landlord and Tenant Act of 1951, 68 P.S. § 250.101
et seq., as amended.
An adult individual designated by the owner of a residential
rental unit.
The license issued to the owner of residential rental units
under this Part, which is required for the lawful rental and occupancy
of residential rental units.
An individual who resides in a residential rental unit, whether
or not he or she is the owner thereof, with whom a legal relationship
with the owner/landlord is established by a lease or by the laws of
the Commonwealth of Pennsylvania.
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 the present use and enjoyment
of the premises, including a mortgage holder in possession of a residential
rental unit.
A rental unit in which the owner resides on a permanent basis.
A natural person, partnership, corporation, unincorporated
association, limited partnership, trust or any other entity.
The Police Department of the Borough of Forty Fort or any
properly authorized member or officer thereof or any other law enforcement
agency having jurisdiction within the Borough of Forty Fort.
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 rental units are located.
Any structure within the Borough of Forty Fort which is occupied
by someone other than the owner of the real estate as determined by
the most-current deed. Each apartment within a building is a separate
structure requiring an inspection and a license.
[Amended by Ord. No. 4-2022, 12/5/2022]
Any human-made object, the use of which requires an ascertainable
stationary location on land, whether or not it is affixed to the land.
Each apartment within a building is a separate structure.
An individual who resides in a rental unit, whether or not
he or she is the owner thereof, with whom a legal relationship with
the owner/landlord is established by a lease or by the laws of the
Commonwealth of Pennsylvania (same as "occupant"). For the purposes
of this Part, a person who has a legal agreement to purchase a residential
rental unit, but is not yet the legal owner, shall be deemed to be
a tenant (or occupant, as defined above).
[Ord. 2017-9, 11/6/2017]
1.
General. It shall be the duty of every owner to keep and maintain
all rental units in compliance with all applicable state laws and
regulations and local ordinances and to keep such property in good
and safe condition. The owner/landlord shall be responsible for regularly
performing all maintenance, including lawn mowing and ice and snow
removal, and for making any and all repairs in and around the premises.
As provided for in this Part, every owner/landlord 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 rental unit which he, she or it owns in
the Borough of Forty Fort, which conduct or activity takes place at
such rental unit or its premises. In order to achieve those ends,
every owner of a rental unit shall regulate the conduct and activity
of the occupants thereof, both contractually and through enforcement,
as more fully set forth below. This section 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 section 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. This Part is not intended, nor shall its effect be, to limit
any other enforcement remedies which may be available to the Borough
of Forty Fort against an owner, occupant or guest thereof.
2.
Designation of Manager. Every owner who is not a full-time (i.e.,
domiciled) resident of the Borough of Forty Fort, and/or who does
not live within 50 miles of the boundaries of the Borough of Forty
Fort, shall designate a manger who shall reside in an area that is
within 50 miles from the Borough of Forty Fort. If the owner is a
corporation, a manager shall be required if an officer of the corporation
does not reside within the above-referenced 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
above-referenced area. Said partner shall perform the same function
as a manager. The manager shall be the agent of the owner for service
of process and receipt of 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
a person who is designated as 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.
4.
Maintenance of Premises.
A.
The owner shall maintain the premises in compliance with the applicable
codes of the Borough of Forty Fort 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:
C.
In no case shall the existence of any agreement between an owner
and occupant relieve an owner of any responsibility under this Part
or other ordinances or codes for maintenance of the premises.
5.
Rental Agreement.
A.
All disclosures and information required to be given to occupants
by the owner shall be furnished at or before the commencement of the
landlord/tenant relationship. The owner shall provide the occupant
with copies of any rental agreement and addendum upon execution.
B.
Terms and Conditions. The owner and occupant may include in a rental
agreement terms and conditions not prohibited by this Part or other
applicable ordinances, regulations and laws, including rent, term
of the agreement and other provisions governing the rights and obligations
of the parties.
C.
Prohibited Provisions. Except as otherwise provided by this Part,
no rental agreement may provide that the occupant or owner agrees
to waive or to forego rights or remedies under this Part. A provision
prohibited by this subsection included in a rental agreement is unenforceable.
D.
Delivery of Summary of Part to Occupant. Following the effective
date of this Part, a summary hereof in substantially the form set
forth in Appendix A[1] shall be provided to the occupant at or before the commencement
of the landlord tenant relationship. For landlord/tenant relationships
already in place at the time of passage of this Part, the owner shall
provide the occupants with a copy of the summary within 60 days after
enactment of this Part.
[1]
Editor's Note: Appendix A is included as an attachment to this chapter.
E.
The owner shall secure a written acknowledgment from occupants that
the occupants have received the disclosures and information required
by this Part.
F.
Upon request by the Borough of Forty Fort, the owner shall, within
10 days of the request, furnish the Borough of Forty Fort copies of
any lease(s) that the owner has entered into for residential rental
units, including acknowledgment that the occupants have received the
disclosures and information required by this Part.
6.
Registration. Every owner of a residential rental unit must register
the unit with the Code Enforcement Officer prior to initial occupancy
as a residential rental unit and in accordance with the following
schedule:
[Amended by Ord. No. 3-2021, 9/20/2021]
A.
All owners of residential units located on the following streets
must register the units with the Code Enforcement Officer within 30
days after the effective date of this Part and then by January 31
in even-numbered years thereafter:
|
Butler Street
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Cayuga Street
|
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Center Street
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Colonial Gardens
|
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Culver Street
|
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Earl Place
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East Pettebone Street
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East Turner Street
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Elizabeth Street
|
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Fort Street
|
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Mohawk Place
|
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Myers Street
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Oneida Place
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Orchard Place
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Pomona Street
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Ransom Street
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River Street
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Rutter Avenue
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Seneca Place
|
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Shook Place
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Snowden Street
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Sunset Court
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Susquehanna Avenue
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Virginia Terrace
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Walnut Street
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Welles Street
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West Turner Street
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Wyoming Avenue
|
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Any street, alley, cartway or the like within the same area
as the aforementioned streets that may have been unknowingly omitted
|
B.
All owners of residential units located on the following streets
must register the units with the Code Enforcement Officer within 30
days after the effective date of this Part and then by January 31
in odd-numbered years thereafter:
|
Arlington Road
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Bedford Street
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Bidlack Street
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Crisman Street
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Dana Street
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Dennison Street
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Dilley Street
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Dunn Street
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Durkee Street
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Englewood Terrace
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Filbert Street
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Hughes Street
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Mack Place
|
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Milton Terrace
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Murray Street
|
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Oak Street
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Owen Street
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Pearl Street
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Rose Street
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Seminary Place
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Shoemaker Street
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Slocum Street
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Sullivan Street
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Taylor Place
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Terrace Street
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Tripp Manor
|
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Tripp Street
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Wesley Street
|
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West Pettebone Street
|
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Yates Street
|
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Yeager Avenue
|
|
Any street, alley, cartway or the like within the same area
as the aforementioned streets that may have been unknowingly omitted
|
C.
Any individual, entity or firm which converts any structure to a
residential rental unit or units shall register the residential rental
unit or units with the Code Enforcement Officer of the Borough of
Forty Fort within 30 days of the completion of the conversion of the
unit or units before any rent, including the exchange of other services
for the unit or units, is obtained or prior to the date within which
a tenant or tenants occupies the unit or units, whichever time period
is sooner.
D.
It shall be the responsibility of the grantee to notify Forty Fort
Borough within 72 hours of any purchase or transfer of a rental unit.
E.
The owner of a residential rental unit must update the registration
information on record with the Code Enforcement Officer within 10
days of any changes of the information set forth below.
G.
Registration information shall be provided by all owners and shall
include the following:
(1)
Owner name, address, and telephone number.
(2)
Local manager name, address, and telephone number (an emergency
contact person).
(3)
Property address and number of units.
(4)
Maximum occupancy per unit.
(5)
Emergency telephone number for owner and manager.
(6)
Actual number of occupants per unit.
(7)
Names and addresses of current tenants.
H.
Any owner of a residential rental unit shall notify the Borough of
Forty Fort at the Forty Fort Municipal Building within 10 days of
a new tenant occupying, renting or residing in the landlord's or owner's
residential rental unit.
7.
Complaints. The owner shall reply promptly to reasonable complaints
and inquiries from occupants.
8.
Landlord-Tenant Act. The owner shall comply with all provisions of
the Landlord-Tenant Act.
9.
Common Areas. The owner shall be directly responsible for the behavior
of occupants and guests in the common areas as if the owner were an
occupant. The failure of the owner to regulate behavior of occupants
and guests in the common areas that results in any of the following
shall be a violation of this Part:
10.
Enforcement.
A.
Within five days after receipt of written notice from the Code Enforcement
Officer that an occupant of a residential 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 20 days after receipt of a notice of a 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 is adequate to address future violations,
the plan shall be approved. 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 license term
involving the same occupant or occupants, the Code Enforcement Officer
may direct the owner to initiate eviction proceedings against the
occupant(s) who violated this Part and to not permit the occupant(s)
to occupy the premises during the subsequent licensing period. All
tenants who have been evicted shall, if asked, advise their new landlord
that they have been evicted from a residence for violating the terms
and conditions of this Part.
11.
Code Violations. Upon receiving notice of any code violations from
the Code Enforcement Officer, the owner shall promptly take action,
or cause the necessary action to be taken, to abate the offending
condition and eliminate the violation.
12.
Repairs by Borough. In case the owner of the 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 in effect in the Borough
of Forty Fort within the period of time stated in such notice, the
Borough may 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 and court
costs. The remedies provided by this subsection are not exclusive,
and the Borough and its Code Enforcement Officer may invoke such other
remedies available under this Part or the applicable codes, ordinances
or statutes, including, where appropriate, condemnation proceedings,
or declaration of premises as unfit for habitation, or suspension
or revocation of the license issued hereunder.
13.
Inspections. The owner shall permit inspections of any premises by
the Code Enforcement Officer at reasonable times upon reasonable notice.
The inspections shall be completed as follows:
A.
The Code Enforcement Officer of the Borough of Forty Fort shall inspect
all units once every two years and whenever a rental unit is vacated
and before it is occupied by a new tenant and record the inspection
on a written or electronic inspection report. The inspection report
or a report of the findings of the inspection shall be provided to
and shall be signed and dated by the owner of the residential rental
unit or his or her manager. Inspections may be made by the Code Enforcement
Officer at any time within the said two-year period.
[Amended by Ord. No. 3-2021, 9/20/2021; Ord. No. 4-2022, 12/5/2022]
14.
Smoke and Carbon Monoxide Alarms. All owners of residential rental
units in the Borough of Forty Fort shall be required, within 30 days
of the passage of this Part, to install smoke and carbon monoxide
alarms, regardless of the occupant load, in accordance with National
Fire Protection Association Standards 72 and 720, and any future amendments
to these sections.
15.
Noncompliance.
A.
Any residential rental unit which has been found to be in noncompliance
with this Part shall be subject to reinspection(s) by the Code Enforcement
Officer until the unit is found to be in compliance. The Code Enforcement
Officer may inspect the unit as often as deemed necessary to ensure
the unit continues to be in compliance.
B.
In the event of a violation, a residential rental unit cannot be
occupied unless and until the unit is approved as materially meeting
the criteria of this Part and any other applicable codes of the Borough
of Forty Fort as determined by the Code Enforcement Officer.
C.
Notice of Violation.
(1)
If, after inspection of one or more of the residential rental
units as set forth above, the Code Enforcement Officer determines
that there are violations of any codes of the Borough of Forty Fort,
the Code Enforcement Officer shall provide a notice of violation which
shall, at a minimum, set forth the following:
(2)
Within five days after receipt of a written notice from the
Borough of Forty Fort Code Enforcement Officer that there has been
a violation of this section or any other applicable ordinances of
the Borough of Forty Fort, the owner shall take immediate steps to
remedy the violations and take steps to assure that there will not
be a reoccurrence of the violations.
(3)
Within 20 days after receipt of a notice of violation, the owner
of the residential unit shall file with the Code Enforcement Officer
a report on a form provided by the Borough of Forty Fort 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.
(4)
The Code Enforcement Officer shall review the report, and, if
adequate steps have been taken and the plan is adequate to address
future violations, the plan shall be approved. The owner, on his or
her initiative, shall enforce the plan, and failure to do so shall
be a violation of this Part.
D.
If, after a violation as set forth above, a parcel of real estate
containing residential rental units has no violations of applicable
codes of the Borough of Forty Fort for a period of two years, said
property shall then be deemed to be back in compliance with the terms
and conditions of this Part and shall not then be subject to intermittent
inspections set forth in this section unless there are future violations.
E.
If a parcel of real estate in noncompliance with the terms and conditions
of this Part or other ordinance of the Borough of Forty Fort is sold,
then the parcel of real estate shall remain in noncompliance until
the earlier of the following has occurred:
F.
All owners of any real estate containing or upon which are erected
any residential rental unit(s) which are in noncompliance with this
Part and who desire to sell the parcel of real estate shall notify
the purchasers, in writing, prior to the sale of the parcel of real
estate that the parcel of real estate is in noncompliance with the
terms and conditions of this Part. Further, any property owner selling
a parcel of real estate upon which is erected a residential rental
unit or units which are found to be in noncompliance under the terms
and conditions of this Part shall notify the Code Enforcement Officer,
in writing, within 30 days prior to closing on the sale of said parcel
of real estate.
G.
All owners of any parcels of real estate containing residential rental
units shall permit access to the property so that the Code Enforcement
Officer of the Borough of Forty Fort shall be able to complete all
inspections necessary to determine compliance with this Part and any
other applicable ordinances of the Borough of Forty Fort. Refusal
to allow entry of the residential rental unit by the Code Enforcement
Officer of the Borough of Forty Fort to inspect the said unit shall
be a violation of this Part. If the Borough of Forty Fort is required
to initiate legal action, including, but not limited to, securing
a warrant for entry, the owner shall be required to pay all costs,
including attorneys' fees, associated therewith.
H.
The Code Enforcement Officer may reinspect any property subject to
a notice of violation upon expiration of the time to accomplish repairs
or upon notice from the owner that the violations have been rectified.
16.
The owner shall maintain at the licensed rental unit and provide
upon demand the following:
A.
The current license and current inspection report issued by the Code
Enforcement Officer of the Borough of Forty Fort.
B.
The addendum to the license application required by this Part, showing
the names of the authorized occupants of the residential rental unit(s).
C.
The total number of persons who may occupy the residential rental
unit(s) and any common areas.
[Ord. 2017-9, 11/6/2017]
1.
General. The occupant shall comply with all obligations imposed upon
occupants by this Part, all applicable codes and ordinances of the
Borough of Forty Fort and all applicable provisions of state law.
2.
Health and Safety Regulations.
A.
The maximum number of persons permitted in any rental unit at any
time shall not exceed the occupancy limitations set forth in the current
edition of the International Property Maintenance Code.
[Amended by Ord. No. 4-2022, 12/5/2022]
B.
The occupant shall deposit all rubbish, garbage and other waste from his or her rental unit into containers in a clean and safe manner and shall separate and place for collection all recyclable materials in compliance with the recycling plan submitted by the owner to the Borough of Forty Fort or, if there is no recycling plan for the premises, then in compliance with the Borough of Forty Fort's Recycling Ordinance [Chapter 20, Part 3] and all other applicable ordinances, laws and regulations.
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 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.
4.
Residential Use. The occupant shall, unless otherwise permitted by
applicable law or ordinance, occupy or use his or her rental unit
for no other purpose other than as a residence.
5.
Illegal Activities. The occupant shall not engage in or 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.), Liquor Code (47 P.S. § 1-101 et seq.) or the Controlled Substance, Drug, Device, and Cosmetic Act (35 P.S. § 780-101 et seq.)
6.
Disruptive Conduct.
A.
The occupant shall not engage in, or 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
incidence 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, said police officer shall
then submit the completed disruptive conduct report to the Code Enforcement
Officer. In all cases, the Code Enforcement Officer shall mail a copy
of the disruptive conduct report to the owner or manager within five
working days of the occurrence of the alleged disruptive conduct,
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
the owner and occupant. Failure to comply may result in the eviction
of the occupant by the owner.
8.
Damage to Premises. The occupant shall not intentionally cause, nor
permit or tolerate others to cause, damage to the premises. Conduct
which results in damages in excess of $500 shall be considered a violation
of this Part.
9.
Inspection of Premises. The occupant shall permit inspections by
the Code Enforcement Officer of the premises at reasonable times,
upon reasonable notice.
10.
Removal or Defacement of Notice. It shall be a violation of this
Part for any person to remove or deface any notice or document required
to be posted within a rental unit, and it shall be unlawful for any
person to occupy the rental unit unless all notices and documents
are posted as required.
11.
Disruptive Conduct. It shall be a violation of this Part for any
occupant or any other person to engage in disruptive conduct as defined
by this Part.
[Ord. 2017-9, 11/6/2017]
1.
License Requirement.
A.
As a prerequisite to entering into a rental agreement or permitting the occupancy of any rental unit (except as provided in Subsection 1C below), the owner of every such rental unit shall be required to apply for and obtain a license for each residential rental unit.
B.
A license shall be required for all residential rental units.
D.
The application for the license shall be in a form as determined
by the Borough.
E.
The owner shall maintain a current and accurate list of the occupants
in each rental unit, which shall include their name and current telephone
number, which shall be available to the Borough for inspection upon
reasonable notice. The owner shall notify the Borough of changes in
the occupancy or of contact information within 10 days of the change
and shall provide the name of the person who is no longer residing
in the premises in the event a person departs and the name, current
address and current telephone number of new occupants in the event
a new person is added.
F.
In the event that a license is denied by the Code Office, the owner
shall have the right to appeal to the Borough Council of the Borough
of Forty Fort within 30 days of mailing of the notice of denial of
the application. The hearing before the Borough Council shall be governed
by the Local Agency Law.[1]
[1]
Editor's Note: See 2 Pa.C.S.A. § 551 et seq.
2.
Annual License Term, Fee and Occupancy Limit.
A.
Each license shall have an annual term running from January 1 of the applicable year through December 31 of the following year. Licenses for newly converted rental units obtained during the second year of the license cycle, as determined by location in § 11-504, Subsection 6A or B, shall have a term commencing on the issue date to December 31 of the same year. The rental license fee shall be 1/2 the amount prescribed by § 11-506, Subsection 2B.
[Amended by Ord. No. 3-2021, 9/20/2021]
B.
Upon application for a license prior to issuance or renewal thereof,
each owner/applicant shall pay to the Borough a biannual license and
inspection fee in an amount to be established, from time to time,
by resolution of the Council of Forty Fort. The initial fee for a
license shall be $50. In addition to the license fee, inspection fees
will be charged as follows: For the first one or two dwelling units/apartments:
$35 per unit; for the third and fourth dwelling units/apartments:
$25 per unit/apartment; for the fifth and any additional dwelling
units/apartments: the inspection fee shall be $15 per unit/apartment.
The fee shall be paid by January 30 of each year, as applicable. A
fee of $25 shall be paid for each reinspection required under this
Part. The landlord shall be entitled to one free reinspection per
unit, per license term, due to a tenant vacancy.
C.
The license shall indicate thereon the maximum number of occupants
in each rental unit.
D.
No license shall be issued, unless the rental unit has been inspected
within two years prior to the date of application, or if the owner
has not paid any fines and costs arising from enforcement of this
Part or any of the ordinances of the Borough of Forty Fort relating
to land use and/or code enforcement or if any licensing fees under
this Part are due.
[Amended by Ord. No. 3-2021, 9/20/2021]
3.
Search Warrant. Upon a showing of probable cause that a violation
of this Part or any other ordinance of the Borough of Forty Fort has
occurred, the Code Enforcement Officer may apply for a search warrant
to enter and inspect the premises.
[Ord. 2017-9, 11/6/2017]
1.
General. The Code Enforcement Officer may initiate disciplinary action
against an owner that may result in a formal warning, suspension or
revocation of the owner's license, for violating any provision of
this Part that imposes a duty upon the owner and/or for failing to
regulate the breach by occupants as provided for herein.
A.
Definition of Options.
(1)
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, the violation
shall be deemed to be resolved.
(2)
Suspension. The loss of the privilege to rent a residential
rental unit or units for a period of time set by the Code Enforcement
Officer.
(3)
Revocation. The loss of the privilege to rent a residential
rental unit or units for a period of time set by the Code a Enforcement
Officer. Upon the loss of the privilege to rent, the owner shall take
immediate steps to evict the applicable occupants.
2.
Criteria for Applying Discipline. The Code Enforcement Officer, when
applying disciplinary action, shall consider the following:
A.
The effect of the violation on the health, safety and welfare of
the occupants of the residential rental unit and other residents of
the premises.
B.
The effect of the violation on the neighborhood.
C.
Whether the owner has prior violations of this Part and other ordinances
of the Borough or has received notices of violations as provided for
in this Part.
D.
Whether the owner has been subject to disciplinary proceedings under
this Part.
E.
The effect of disciplinary action on the occupants.
F.
The action taken by the owner to remedy the violation and to prevent
future violations, including any written plan submitted by the owner.
G.
The policies and lease language employed by the owner to manage the
rental unit to enable the owner to comply with the provisions of this
Part.
H.
In addition to applying discipline as set forth above, the Code Enforcement
Officer may impose upon the existing or subsequent licensees reasonable
conditions related to fulfilling the purposes of this Part.
3.
Grounds for Imposing Discipline. Any of the following may subject
an owner to discipline as provided for in this Part:
A.
Failure to 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 this Part.
C.
Failure to take steps to remedy and prevent violation of this Part
by occupants of residential rental units as required by this Part.
D.
Failure to file and implement an approved plan to remedy and prevent
violations of this Part by occupants of the rental unit as required
by 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 this
Part.
F.
Two violations of this Part or other ordinances of the Borough that
apply to the premises within a license term. For purposes of this
Part, there need not be a criminal conviction before a violation can
be found to exist. Before a prior violation can be considered under
this section, the owner must have received notice, in writing, of
this violation within 30 days after the Code Enforcement Officer received
notice of the violation.
4.
Procedure for Suspension or Revocation of License.
A.
Notification. Following a determination that grounds for 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.
(1)
Such notification shall be in writing, addressed to the owner
in question, and shall contain the following information:
(a)
The address of the premises in question and identification of
the particular residential rental unit(s) affected.
(b)
A description of the violation which has been found to exist.
(c)
A statement that the license for said residential rental unit(s)
shall be either suspended or revoked. 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.
(d)
A statement that, due to the suspension or revocation, the owner
or any person acting on his, her, or its behalf is prohibited from
renting, leasing or permitting occupancy of the dwelling unit(s) from
and during the period said action is in effect.
(e)
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 Manager, within 30 days of being served by the Code Enforcement
Officer, 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 relief requested by the appellant. There is hereby
imposed a fee of $50 for filing such an appeal. This fee can be amended
from time to time by resolution of the Borough Council.
(2)
Upon receipt of such an appeal with all required information
accompanied with the requisite filing fee, the Borough Manager 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.
(3)
The appellant and the Code Enforcement Officer shall be provided
with written notice of the hearing by the Borough Manager.
(4)
The Borough Council shall hold a hearing on the appeal, which
shall be conducted in accordance with the Local Agency Law.[1] 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 which
the appeal was taken. Such decision shall be rendered at a public
meeting either immediately following the hearing or within 35 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 Council of the Borough of Forty Fort deems it
necessary or desirable, it may continue the hearing to a subsequent
time and date not later than 35 days from 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).
[1]
Editor's Note: See 2 Pa.C.S.A. § 551 et seq.
B.
Delivery of Notification.
(1)
All notices shall be sent to the owner and manager, if applicable,
by certified and regular mail to the last-known address provided by
the owner or manager. If the certified mail is refused or unclaimed
but the regular mail is not returned within 15 days, service will
be deemed complete. If service cannot be completed in the above matter,
the notice shall be posted on the premises; and five days after posting,
service will be deemed to be complete.
5.
Nonexclusive Remedies. The penalty provisions of this section and
the license suspension and revocation procedures provided in this
Part shall be independent, non-mutually-exclusive, separate remedies,
all of which shall be available to the Borough as may be deemed appropriate
for carrying out the purposes of this Part. 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 ground for a finding
of a violation of this Part.
[Ord. 2017-9, 11/6/2017]
1.
Notices. For purposes of this Part, any notice required hereunder
to be given to a manager shall be deemed as notice given to the owner.
A.
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 either the owner or manager
in the manner provided by this Part.
B.
The claimed lack of knowledge by the owner of any violation hereunder
cited shall be no defense to license suspension or revocation proceedings
as long as all notices prerequisite to institution of such proceedings
have been given in accordance with the applicable provisions of this
Part.
2.
Changes in Ownership Occupancy. It shall be the duty of each owner
of a residential rental unit to notify the Code Enforcement Officer,
in writing, of any change in ownership of the premises or the number
of residential rental units on the premises. It shall also be the
duty of the owner if the notify the Code Enforcement Officer, in writing,
of any increase in the number of occupants in any rental unit.
3.
Owners Severally Responsible. If any rental unit is owned by more
than one person, in any form of joint tenancy, as a partnership or
otherwise, each person shall be jointly and severally responsible
for the duties imposed under the terms of this Part and shall be severally
subject to prosecution for the violation of this Part.
4.
Confidentiality. All registration and contact information shall be
maintained in a confidential manner by the Code Enforcement Officer
and shall only be utilized for the purpose of enforcement of this
Part by the Code Enforcement Officer, Borough Manager and Borough
Solicitor.
[Ord. 2017-9, 11/6/2017]
1.
This Part shall be enforced by the Code Enforcement Officer of the
Borough of Forty Fort.
2.
Basis for Violation. It shall be unlawful for any person, as either
owner or manager of a residential rental unit for which a license
is required, to operate without a valid, current license issued by
the Borough of Forty Fort authorizing such operation. It shall also
be unlawful for any person, either owner or manager, to allow the
number of occupants of a residential rental unit to exceed the maximum
number of occupants, or to violate any other provision of this section.
It shall be unlawful for any occupant to violate this section.
3.
Penalties.
A.
Any landlord or owner of a residential unit who violates any of the provisions of § 11-504, Subsection 6, of this Part shall, upon conviction thereof, be sentenced to pay a fine of not less than $200 and not more than $500 for each and every offense. Each day of the said violation shall be a separate offense.
B.
Any landlord or owner of a residential rental unit who violates any of the provisions of § 11-504 of this Part (other than § 11-504, Subsection 6) shall be subject to the following penalties:
(1)
First offense: a fine of $100 for each and every offense. Each
day of the said violation shall be a separate offense.
(2)
Second offense: a fine of $300 for each and every offense. Each
day of the said violation shall be a separate offense.
(3)
Third offense: a fine of $500 for each and every offense or
imprisonment for a period not to exceed 90 days, or both. Each day
of the said violation shall be a separate offense.
C.
Any occupant of a residential rental unit who violates any of the provisions of § 11-505 shall incur the following penalties:
For the first offense, he/she shall pay the sum of $100 for
each and every offense. For the second offense, he/she shall pay the
sum of $300 for each and every offense. For the third offense, he/she
shall pay the sum of $500 for each and every offense. Each day of
said violation shall be a separate offense.
D.
Any landlord or owner of a residential rental unit who violates § 11-506 of this Part shall, upon conviction, be sentenced to pay a fine of not less than $200 and not more than $500.
E.
Fines as imposed through this Part shall be collected as allowed
by law.
F.
Each day during which any owner of a residential rental unit violated
any provisions of this Part shall constitute a separate offense.
G.
This Part and the foregoing penalties shall not be construed to limit
or deny the right of the Borough of Forty Fort or its agents or representatives
to pursue such equitable or other remedies as may otherwise be available
to the Borough.
H.
In addition to the fines set forth herein, the Borough of Forty Fort
shall be entitled to reasonable attorneys' fees incurred in enforcing
this Part. The said fees shall be added to any penalties set forth
above.
I.
The owner of all residential rental units in the Borough of Forty
Fort shall have the responsibility of making sure that all occupants
within their rental units comply with and abide by this Part of the
Borough of Forty Fort.
J.
If any section or provision of this Part is adjudged by a court of
competent jurisdiction to be unlawful, void, or unenforceable, all
the remaining sections and provisions of this Part shall remain in
full force and effect.
K.
The Borough of Forty Fort agrees to suspend the imposition of fines
and penalties imposed by this Part until April 1, 2018, in order to
provide sufficient time for landlords and tenants to become familiar
with the terms of this Part and initiate compliance.
L.
This Part shall not be applicable to any properties which would be
exempted from enforcement under any existing federal or state law.
