Borough of Bath, PA Chapter 497 Rental Property

[HISTORY: Adopted by the Borough Council of the Borough of Bath as indicated in article histories. Amendments noted where applicable.]

Article I Residential Rental License and Inspection

[Adopted 9-8-2021 by Ord. No. 2021-711[1]]

[1] Editor's Note: This ordinance also repealed former Ch. 497, Rental Property, which consisted of Art. I, Tenant Lists, adopted 1-4-1988 by Ord. No. 401 (Ch. 104 of the 2005 Code of Ordinances), as amended.

§ 497-1 Short title.

This article shall be known as the "Bath Residential Rental License and Inspection Ordinance."

§ 497-2 Purpose.

This article is intended to serve the following purposes:

A. To assist the Borough in protecting and promoting the public health, safety, and welfare of its citizens;

B. To establish rights and obligations of owners, managers, and occupants relating to the rental of residential properties and to seek that owners, managers and occupants properly maintain residential rental properties within the Borough;

C. To ensure that owners, managers, and occupants have responsibilities to comply with codes and to avoid nuisances for neighboring occupants or guests of occupants or patrons of permitted establishments; and

D. To provide for a system to apply for a rental unit license and license renewal, to inspect rental units, to issue rental unit licenses or renewals, and to establish penalties for violation of this article.

§ 497-3 Definitions.

As used in this article, the following terms shall have the following meanings. If a term is not defined in this article but is defined in the Borough's Property Maintenance Code or Uniform Construction Codes,[1] then that definition shall apply to this article. If a term is not defined in any of those codes, but is defined elsewhere in the Borough Code, then the definition in the Borough Code shall apply to this article.

BOARDING, ROOMING OR LODGING HOUSE

A building permitted under the Borough Zoning Ordinance,[2] as amended, to be used to shelter and/or feed in excess of two individuals not members of the operator's family, by prearrangement, for definite period or periods of time, who are not living together as a single-family dwelling unit, and the owner of premises or operator receives a pecuniary benefit. A boarding, room or loding house each constitute a single existing rental unit or single new rental unit, as the case may be, depending on the date of zoning approval for such boarding, room or lodging house relative to the Borough Zoning Ordinance, as amended.

BOROUGH

Borough of Bath, Northampton County, Pennsylvania.

CODE

Any code or ordinance adopted, enacted or in effect in and for the Borough as may be amended from time to time.

CODE ENFORCEMENT OFFICER

Borough-appointed Code Enforcement Officer(s) having the duty to enforce this article and other ordinances of the Borough, and any assistants or deputies appointed by the Borough. At the discretion of Council, an independent entity or contractor may also be appointed as a Code Enforcement Officer to enforce all or part(s) of this article.

COMMERCIAL OR INDUSTRIAL PROPERTY

Any premises used for commercial or industrial purposes.

COUNCIL

Governing body for the Borough per the Pennsylvania Borough Code.[3]

DISRUPTIVE CONDUCT

A. Any form of conduct, action, incident or behavior perpetrated, caused or permitted by any occupant or guest of a rental unit that is any one of the following:

(1) Is a violation of any code of the Borough regulating fireworks or nuisances and subject to civil or criminal enforcement by the Borough, as the case may be;

(2) Is the subject of a criminal citation for disorderly conduct;

(3) Any violation of Pennsylvania's landlord and tenant Act of 1951, as amended, relating to drug offenses set forth in 68 P.S. § 250.505-A; or

(4) Is the subject of a criminal citation under the Pennsylvania Crimes Code or the Pennsylvania Liquor Code.[4]

B. A civil or criminal citation or proceeding is not required in order for a determination of disruptive conduct. However, if legal action or citation is issued by the Borough or Borough-appointed police authority and successfully prosecuted or a guilty plea entered before a Magisterial District Justice, such adjudication or citation shall automatically constitute disruptive conduct. However, if a timely appeal of the adjudication or citation is filed with a court of competent jurisdiction from a decision of the court of original jurisdiction or Magisterial District Justice, the matter shall not be deemed to constitute disruptive conduct unless the adjudication or finding of guilty is affirmed by a final decision on the timely appeal.

C. In order for reported disruptive conduct to constitute disruptive conduct, a written disruptive conduct report must be issued by the Code Enforcement Officer and notice must be served upon an occupant legally liable under rental agreement and the owner or manager, if any, pursuant to § 497-11H of this article.

DISRUPTIVE CONDUCT REPORT

A written report of disruptive conduct on a form prescribed by the Borough to be completed by the Code Enforcement Officer who investigates an alleged incident of disruptive conduct. The disruptive conduct report shall be maintained by the Code Enforcement Officer with a copy of same served upon an occupant legally liable under rental agreement and the owner or manager, if any, pursuant to § 497-11H of this article.

DWELLING

A building including one or more dwelling units.

DWELLING UNIT

A residential living area for one family household that is used for living and sleeping purposes and that has its own cooking facilities and a bathroom with a toilet and a bathtub and/or shower.

EXEMPT UNIT

The following types of premises shall each be considered an "exempt unit:"

A. Owner-occupied dwelling unit except for any part of any owner-occupied dwelling unit subject to a rental agreement.

B. State-licensed hospitals, nursing homes, personal care homes and group homes.

C. Hotel units.

EXISTING RENTAL UNIT

A rental unit that previously obtained a zoning permit or certificate of nonconforming use or obtains a certificate of nonconforming use under the Borough Zoning Ordinance,[5] as may be amended, for residential dwelling use and occupied by occupant(s) prior to the effective date of this article pursuant to a rental agreement entered into by the owner and occupant(s) legally liable under rental agreement prior to the effective date of this article in conformance with the zoning permit or certificate of nonconforming use, as the case may be.

FAMILY

One or more persons related by blood, marriage, adoption or foster relationship, living together as a single housekeeping unit; or a group of unrelated persons who are living together in a single, nonprofit dwelling unit and living together as a single housekeeping unit. The term "family" shall not include the occupants of a clubhouse, hotel, motel, fraternity house, group home or boarding, rooming, or lodging house.

GENERAL INSPECTION

Inspection by the Code Enforcement Officer to determine compliance with any applicable codes. Any premises with or without rental units thereon are subject to general inspection under applicable codes regardless of this article.

GUEST

A person who is present on the premises of a rental unit with the actual or implied consent of an occupant.

HOTEL UNIT

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 as regulated by Northampton County Hotel Room Rental Tax. The hotel unit must be registered with Northampton County and paying or subject to the Northampton County Hotel Room Rental Tax as required by Northampton County.

LANDLORD or SUBLANDLORD

This term shall have the same meaning as "owner."

MANAGER

An adult individual designated by the owner of a rental unit as agent for the owner pursuant to § 497-4B of this article. The manager shall be the agent of the owner for service of process and receiving notices or demands and to perform the obligation of the owner under this article and under rental agreements with occupants.

MINIMUM STANDARDS INSPECTION

The inspection set forth in § 497-9A(3) of this article for the Code Enforcement Officer to determine whether the intended rental unit violates the minimum requirements set forth in § 497-9A(3) of this article.

NEW RENTAL UNIT

A rental unit that obtains a zoning permit pursuant to the Borough Zoning Ordinance,[6] as may be amended, for residential use as a rental unit on or after the effective date of this article. Alternatively, a premises, in whole or in part, that obtained a zoning permit pursuant to the Borough Zoning Ordinance, as amended, for residential use as a single-family dwelling by the owner of the premises, in whole or in part, before the effective date of this article but the owner creates a rental unit with occupant(s) via a rental agreement entered into by the owner and occupant(s) before or after the effective date of this article with occupancy commencing on or after the effective date of this article in conformance with the previously obtained zoning permit.

OCCUPANT

Any person or number of persons who does not own the premises and rents, occupies or leases a rental unit for a residential domicile or an alternative residential domicile. The term "occupant" shall also include, but not be limited to, any tenant or subtenant.

OCCUPANT LEGALLY LIABLE UNDER RENTAL AGREEMENT

This term shall mean the adult occupant or adult occupants that the owner or manager identifies in the rental agreement, Required Addendum to Residential Rental Agreement, rental license application, and/or rental license renewal application as being an adult occupant legally liable under rental agreement.

OWNER

One or more persons, jointly or severally, in whom is vested all or part of the legal title to the premises, and who has a right to transfer use and/or possession of the premises to a third party or has exercised that right through lease or license. The term "owner" shall also include, but not be limited to, a mortgage holder who is in possession of a rental unit or a landlord or sublandlord.

OWNER-OCCUPIED DWELLING UNIT

A dwelling unit where at least one owner of record resides as his/her primary residence.

PECUNIARY BENEFIT

A benefit capable of monetary valuation, for example, benefit in the form of money, property, commercial interests, or anything else the primary significance of which is economic gain.

PERSON

A natural person, partnership, corporation, unincorporated association, limited partnership, trust, or any other entity.

PREMISES

Any parcel of real property in the Borough, including the land and all buildings and structures located thereon.

RENEWED RENTAL LICENSE

Renewed rental license that may be issued by the Borough under this article to the owner of a rental unit. Each rental unit is required to have a rental license or renewed rental license, as the case may be.

RENTAL AGREEMENT

A legally enforceable agreement between owner and occupant embodying the terms and conditions concerning the use and occupancy of a rental unit for pecuniary benefit to the owner, a member of the owner's immediate family or a business with which the owner or a member of the owner's immediate family is associated.

RENTAL LICENSE

Initial rental license that may be issued by the Borough under this article to the owner of a rental unit. Each rental unit is required to have a rental license or renewed rental license, as the case may be.

RENTAL LICENSE APPLICATION

A document prepared by the Borough and made available to the owner(s) of any premises containing at least one rental unit. This application shall be completed by the owner for each rental unit and provided by the owner to the Borough as required by § 497-8 of this article. The rental license application and rental license renewal application may be a single, combined document in the Borough's sole discretion.

RENTAL LICENSE RENEWAL APPLICATION

A document prepared by the Borough and made available to the owner(s) of any premises containing at least one rental unit. Before expiration of the rental license or renewed rental license, this application shall be completed annually by the owner for each rental unit and provided by the owner to the Borough as required by § 497-8 of this article. The rental license renewal application and rental license application may be a single, combined document in the Borough's sole discretion.

RENTAL UNIT

A dwelling unit or part of a dwelling unit located in the Borough that is not an exempt unit and is occupied by one or more occupants pursuant to a rental agreement.

TENANT or SUBTENANT

This term shall have the same meaning as "occupant."

[1] Editor's Note: See Ch. 470, Property Maintenance, and Ch. 270, Construction Codes, Uniform, respectively.

[2] Editor's Note: See Ch. 675, Zoning.

[3] Editor's Note: See 8 Pa.C.S.A. § 101 et seq.

[4] Editor's Note: See 18 Pa.C.S.A. § 101 et seq. and 47 P.S. § 1-101 et seq., respectively.

[5] Editor's Note: See Ch. 675, Zoning.

[6] Editor's Note: See Ch. 675, Zoning.

§ 497-4 Owner's and manager's duties.

A. It shall be the duty of every owner and manager, if any, to:

(1) Keep and maintain their premises and rental units in compliance with all applicable codes and provisions of all applicable federal, state and local laws, ordinances and regulations, including, but not limited to, this article.

(2) Keep and maintain their premises and rental units in good and safe condition.

(3) Regulate the proper and lawful use and maintenance of every rental unit which he, she or it owns or operates. Every owner and manager, if any, shall act, either through enforcement of the rental agreement or by any other means reasonable available, in order to eliminate disruptive conduct arising from their rental unit(s).

(4) Employ policies and manage the owner's rental unit(s) in compliance with the provisions of this article, and all applicable federal, state and local laws, ordinances and regulations.

(5) Pay or ensure payment of all real estate taxes, sewer rates, water rates, and trash collection fees to ensure that such vital utilities are provided.

(6) In the event the premises contains any rental units, the owner must maintain fire hazard insurance coverage to be in place for restoration, demolition or other repair of the rental unit(s) in the event of a fire or loss covered by such insurance. The owner shall be required to place the insurance company name, policy number and policy expiration date on the rental license application and rental license renewal application, as the case may be.

(7) Obtain and maintain a valid and current rental license or renewed rental license from the Borough for any rental unit.

(8) The owner shall retain a manager when this article requires that a manager be designated.

(9) Provide trash and recyclable collection and disposal services and instruct occupants of the method of trash and recyclable collection (i.e., curbside or dumpster) and the day of the week of trash and recyclable pickup.

(10) Provide each occupant with a copy of this article and any amendments to this article.

(11) Require a rental agreement or written rental agreement for each rental unit.

(12) The owner and occupant shall not include text in a rental agreement that is contrary to the provisions of this article.

(13) Require occupant(s) legally liable under rental agreement to sign and be subject to the terms and conditions of the Required Addendum to Residential Rental Agreement, attached to this article as Exhibit A[1] and incorporated herein by reference, for any rental agreement. Within three business days after a) the Required Addendum to Residential Rental Agreement is signed by owner and occupant(s) legally liable under rental agreement, b) the Borough requests the owner to submit the fully signed Required Addendum to Residential Rental Agreement to the Borough, c) submission of rental license application, or d) submission of rental license renewal application, the owner shall deliver a true and correct copy of the fully signed Required Addendum to Residential Rental Agreement to the Borough.

[1] Editor's Note: Exhibit A is included as an attachment to this chapter.

(14) Not permit and take all actions necessary to ensure that the maximum number of occupants for each rental unit does not exceed the maximum number of occupants permitted under the Required Addendum to Residential Rental Agreement or by Section 404 of the Bath Property Maintenance Code,[2] as may be amended, whichever amount is less.

[2] Editor's Note: See Ch. 470, Property Maintenance.

(15) Within 30 days of new occupancy of any rental unit or upon change of occupancy or change in the number of occupants, provide the Borough with 1) the name(s) of all adult occupants legally liable under rental agreement, 2) name(s) of all permitted occupants and whether an adult or minor, 3) the name, address and phone number for the manager, if any, together with the power of attorney required by § 497-4B of this article in the event of a new manager and 4) the Required Addendum to Residential Rental Agreement required because of any new rental agreement.

(16) Comply with any eviction order issued by the Code Enforcement Officer pursuant to § 497-6D of this article.

(17) 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 separately responsible for the duties imposed under the terms of this article, and shall be separately subject to prosecution for the violation of this article.

(18) Attend inspection by the Code Enforcement Officer if requested by the Code Enforcement Officer to do so.

(19) Not violate any applicable provision of this article.

B. Designation of manager.

(1) If the owner is not a full-time resident of the Borough or does not reside within a twenty-mile radius of the Borough, then the owner shall designate an adult person to serve as manager. The manager must reside or work on a daily basis within a twenty-mile radius of the Borough.

(2) The legal name, mailing address, email address, and daytime and evening telephone numbers of the person or entity who is designated as the manager shall be provided, in writing, by the owner to the Borough, and such information shall be kept current and updated within five business days after it has changed.

(3) The owner shall authorize the manager to act as the owner's agent to comply with this article and to accept service of process on behalf of the owner by the owner executing the special power of attorney to appoint manager ("power of attorney") attached hereto as Exhibit B[3] and incorporated herein by reference. The owner shall execute said power of attorney before a notary public licensed by any state within the United States of America or any foreign notary, provided the manager shall have any power of attorney notarized by any foreign notary then authenticated for use in the United States. Within three business days after a power of attorney is signed by the owner, properly notarized and authenticated (if a foreign notary) or request for same is made by the Borough, the owner or manager shall deliver a true and correct original copy of said power of attorney to the Borough. The Borough shall be entitled to rely on the power of attorney unless, before and until the owner notifies the Borough, in writing, that the owner has revoked the power of attorney.

[3] Editor's Note: Exhibit B is included as an attachment to this chapter.

C. If the owner has appointed a manager, the manager shall be jointly and separately responsible to fulfill all the obligations set forth in § 497-4A above.

§ 497-5 Occupant's duties.

Each occupant of a rental unit shall have the following duties:

A. Comply with all obligations of this article and all applicable federal, state and local laws, ordinances and regulations.

B. Conduct himself/herself on the premises and within the rental unit in a manner that does not constitute disruptive conduct.

C. Require guests to conduct themselves(s) on the premises and within the rental unit in a manner that does not constitute disruptive conduct.

D. Comply with any eviction order issued by the Code Enforcement Officer pursuant to § 497-6D of this article.

E. Not engage in, nor tolerate, nor permit guests to cause damage to the rental unit or cause violations of this article, other Borough ordinances, or other applicable laws.

F. Use the trash and recyclable collection services provided by the owner.

G. Use the rental unit for no purpose other than as a described in the rental agreement and permitted by the Borough Zoning Ordinance,[1] as may be amended.

[1] Editor's Note: See Ch. 675, Zoning.

H. Allow a Code Enforcement Officer to inspect the rental unit at reasonable times.

I. Not allow persons other than those identified in the rental agreement or Required Addendum to Residential Rental Agreement to reside in the rental unit.

J. Not permit and take all actions necessary to ensure that the maximum number of occupants for each rental unit does not exceed the maximum number of occupants permitted under the Required Addendum to Residential Rental Agreement or by Section 404 of the Bath Property Maintenance Code,[2] as may be amended, whichever amount is less.

[2] Editor's Note: See Ch. 470, Property Maintenance.

K. Attend inspection by the Code Enforcement Officer if requested by the Code Enforcement Officer to do so.

L. Not violate any applicable provision of this article.

§ 497-6 Disruptive conduct.

A. The Code Enforcement Officer shall investigate alleged incidents of disruptive conduct. The Code Enforcement Officer shall complete a disruptive conduct report upon a determination by the Code Enforcement Officer that the reported incident constitutes disruptive conduct as defined under this article. The information filed in the disruptive conduct report shall include, if possible, the identity of the perpetrator(s) of the disruptive conduct and all other reasonably obtainable information, including the factual basis for the disruptive conduct described on the Borough's prescribed form. A copy of the disruptive conduct report shall be served upon an occupant legally liable under rental agreement and the owner or manager, if any, pursuant to § 497-11H of this article.

B. The content of the disruptive conduct report shall count against all occupants of the rental unit. More than one disruptive conduct report filed against any rental unit in a twenty-four-hour period shall count as a single disruptive conduct report.

C. An occupant legally liable under rental agreement or the owner of a rental unit aggrieved by a disruptive conduct report shall have 20 days from service of a disruptive conduct report to file an appeal of same pursuant to § 497-11G of this article.

D. It is unlawful for any occupants to cause or permit a third disruptive conduct violation within any twelve-month period during which a rental license or renewed rental license was required. In the event that any occupant or guest of a rental unit is involved in a third disruptive conduct violation within any twelve-month period during which a rental license or renewed rental license was required, the Code Enforcement Officer shall serve written notice of violation upon the owner or owner's manager, if any, and an occupant legally liable under rental agreement that the rental unit shall be vacated ("eviction order"). Occupants shall be responsible to prevent their guests from engaging in disruptive conduct on the premises and in the rental unit. The owner shall begin eviction proceedings within 20 days after service of an eviction order on the owner or manager, if any, and shall continue such proceedings to completion, without interruption, unless the subject occupant(s) vacate the rental unit. Once an eviction order is issued by the Code Enforcement Officer, those occupant(s) shall not be permitted to occupy any area in the rental unit or related premises for a minimum period of two years commencing upon eviction. In addition, once an eviction order is issued by the Code Enforcement Officer, those occupant(s) shall not, for the aforesaid minimum two-year period, be permitted to occupy any rental unit or rooming, boarding or lodging house that is owned by the same owner within the Borough.

(1) Failure of the owner to comply with an eviction order shall result in the suspension or revocation of the rental license or renewed rental license as determined by the Code Enforcement Officer and shall be a violation of this article.

(2) This article shall not limit the ability of an owner to evict tenants in compliance with state law for reasons other than violations of this article.

(3) A requirement to evict any occupant per an eviction order shall not apply if a successful appeal is made pursuant to § 497-11G of this article, or if the Magisterial District Judge or court of competent jurisdiction rules in the occupant's favor during eviction proceedings and dismisses the eviction proceedings without evicting any occupants, or where a court appeal or other legal action has been filed that would lawfully prevent eviction.

E. The Code Enforcement Officer shall maintain a list of all adult occupants who were ordered to be evicted and the affected addresses. Such list shall be maintained for a minimum of three years and shall be available for public review.

§ 497-7 Appointment and duties of Code Enforcement Officer.

Any Code Enforcement Officer appointed by Council shall administer this article in accordance with its terms and shall be responsible for instituting or causing the institution of enforcement proceedings on behalf of the Borough.

§ 497-8 Rental license application; rental license renewal application.

The following rental license application process shall be used for all existing rental units and any new rental units established on or after the effective date of this article:

A. Within 90 days after the effective date of this article, the owner of premises shall submit to the Borough a fully completed rental license application for the premises for each rental unit thereon together with the applicable rental license application fee for each rental unit, fully signed copy of the Required Addendum to Residential Rental Agreement, and power of attorney when said power of attorney is required by § 497-4B of this article. The rental license application form shall be prepared by the Borough and made available by the Borough to the public via the Borough's website and Borough's office at 121 South Walnut Street, Bath, PA 18014. The Borough shall not process any rental license applications without first receiving payment of the required fee(s). The rental license application fee shall be $100 for each rental unit. The rental license application fee may be changed by Council from time to time by resolution of Council. A rental license issued by the Borough shall only be valid through December 31 of the calendar year for which the rental license is issued by the Borough. The maximum length of a rental license is one calendar year.

B. Any new rental unit(s) licensed for occupation commencing on or after July 1 of a given year shall be required to pay only half of the rental license application fee for that particular year.

C. Renewal. By December 31 of each calendar year, the owner of premises shall submit to the Borough a fully completed rental license renewal application for the premises for each rental unit thereon together with the applicable rental license renewal application fee for each rental unit seeking a renewed rental license for each rental unit for the immediately following calendar year, fully signed Required Addendum to Residential Rental Agreement in the event of a change of occupant(s) legally liable under rental agreement, and power of attorney when said power of attorney is required by § 497-4B of this article. The rental license renewal application form shall be prepared by the Borough and made available by the Borough to the public via the Borough's website and Borough's office at 121 South Walnut Street, Bath, PA 18014. The Borough shall not process any rental license renewal applications without first receiving payment of the required fee(s). The rental license renewal application fee shall be $100 for each rental unit. The rental license renewal application fee may be changed by Council from time to time by resolution of Council. A renewed rental license issued by the Borough shall only be valid from January 1 through December 31 of the calendar year subsequent to the immediately preceding calendar year that the Borough issued the expired rental license or renewed rental license, as the case may be. The maximum length of a renewed rental license is one calendar year.

D. Exempt units are not required to submit a rental license application or rental license renewal application.

§ 497-9 Licensing and inspection of existing rental units; inspecting and licensing of new rental units.

A. Existing rental unit.

(1) Following the submission of a fully completed rental license application or rental license renewal application, as the case may be, for a premises, payment of the required application fee for each existing rental unit, timely delivery of fully signed Required Addendum to Residential Rental Agreement(s), timely delivery of power of attorney when said power of attorney is required by § 497-4B of this article, and the Code Enforcement Officer's determination that the intended rental unit(s) constitute existing rental unit(s) as defined herein, the Borough shall schedule a minimum standards inspection of each rental unit in accordance with a minimum standards inspection program to be prepared by the Code Enforcement Officer and made available to the public upon request. Such program shall ensure that the owner is given written notice of at least 10 days in advance of the date for which the minimum standards inspection is scheduled. The owner shall give an occupant liable under the rental agreement written notice of at least three days in advance of the date for which the minimum standards inspection is scheduled. The penalty for not allowing a minimum standards inspection or any other inspection by the Code Enforcement Officer of the rental unit under this article or any other ordinance of the Borough shall cause revocation of the rental license and any other penalty provided for in this article and any other ordinance of the Borough.

(2) Following the submission of a fully completed rental license application or rental license renewal application, as the case may be, for a premises, payment of the required application fee for each existing rental unit, timely delivery of fully signed Required Addendum to Residential Rental Agreement(s), timely delivery of power of attorney when said power of attorney is required by § 497-4B of this article, and the Code Enforcement Officer's determination that the intended rental unit(s) constitute existing rental unit(s) as defined herein, the Code Enforcement Officer will conduct a minimum standards inspection of each rental unit within three years after the effective date of this article. After the initial minimum standards inspection, subsequent minimum standards inspection(s) shall take place no more than once every three years thereafter unless a written complaint is received by the Borough that causes the Code Enforcement Officer, in his sole discretion, to determine that a minimum standards inspection is necessary versus performance of a general inspection.

(3) Minimum standards inspection. When conducting a minimum standards inspection, the Code Enforcement Officer shall inspect the intended rental unit to determine whether the intended rental unit violates the following minimum requirements:

(a) General.

[1] Bath Zoning Code §§ 675-13A(1) through (3), 675-14A, or 675-19A, as may be amended; and

[2] Any Bath Property Maintenance Code[1] sections that cause the Code Enforcement Officer to condemn the rental unit pursuant to the provisions of the Bath Property Maintenance Code, as may be amended; and

[1] Editor's Note: See Ch. 470, Property Maintenance.

[3] All delinquent real estate taxes, garbage/rubbish/recycling collection fees, or other municipal claims that are owed to the Borough or its authorities or assignees or lessees have been paid in full for all premises owned, in whole or in part, by the owner in the Borough or said delinquent amount or amounts is/are subject to a written payment agreement accepted by the Borough that is not in default; and

[4] The rental unit must have working water and sewer service and is not subject to a pending notice of service termination by a public water or public sewer service provider or prohibition of sewage discharge by the Borough or applicable governmental agency with competent jurisdiction thereof; and

(b) Exterior of rental unit.

[1] The foundation for the rental unit must not be in a condition that causes the Code Enforcement Officer to condemn the rental unit pursuant to the provisions of the Bath Property Maintenance Code, as may be amended; and

[2] All exterior stairs, deck, porch, and balcony for the rental unit shall be in working order with no obvious defects; and

[3] The roof and flashing for the rental unit shall be sound, tight and with no obvious defect; and

[4] Exterior windows and doors for the rental unit shall be kept in sound, weathertight and functional condition; and

[5] Exterior of the rental unit shall be free of accumulated rubbish or garbage; and

[6] Garage door openers shall not be powered with use of electrical extension cords; and

[7] Ground-fault circuit interrupters (GFCI) are required for outdoor electrical receptacles and must have bubble covers to protect from elements; and

[8] Staircases, platforms, landings, decks and balconies must have handrails and guardrails on elevated surfaces above 30 inches or more than four risers (steps) and must be free of obvious defect. Minimum handrail and guardrail height shall be 36 inches and no more than four inches of space between vertical rungs. All walking surfaces shall be in sound condition and free of obvious defect; and

[9] Fences shall be free of failure (falling into or out of yard being contained) or obvious defects that may cause failure; and

[10] Exterior walls shall be free from rotted, loose materials, or holes that could allow vermin or birds to enter/exit; and

[11] Swimming pools, spas, and hot tubs must be clean, sanitary and in good repair. Also, enclosures (i.e., fencing or other barrier) are required for water depths of 24 inches or greater; and

[12] Electrical wiring shall be secured, not freely hanging, and shall terminate in an appropriate junction box; and

[13] Electrical panel must be clearly labeled with acceptable 60 amperes or minimum 100 amperes service per rental unit; and

[14] Required address numbers shall be located on the front of the house or both sides of the mailbox to identify the rental unit. Address numbers shall be four inches in height with 1/2 inch stroke and contrast with the background; and

(c) Interior of rental unit.

[1] Electrical panel must be clearly labeled with acceptable 60 amperes or minimum 100 amperes service per rental unit; and

[2] Smoke detectors must be installed and working for each floor level, in basements, in any hallway, and in every bedroom; and

[3] Every habitable space in a rental unit shall contain at least two separate and remote receptacle outlets. All outlets, switches, and luminaries shall be in working order; and

[4] Electrical wiring shall be secured (not freely hanging) and terminate in an appropriate junction box; and

[5] Every rental unit shall contain its own bathtub or shower, lavatory, water closet and kitchen sink that shall be maintained in working condition; and

[6] Staircases, platforms, landings, decks and balconies must have handrails and guardrails on elevated surfaces above 30 inches or more than four risers (steps) and must be free of obvious defect. Minimum handrail and guardrail height shall be 36 inches and no more than four inches of space between vertical rungs. All walking surfaces shall be in sound condition and free of obvious defect; and

[7] At least one electrical outlet is required in every bathroom. Also, a ground-fault circuit interrupter (GFCI) is required for any outlet in a bathroom within 36 inches of a sink, any kitchen countertop outlet, and any laundry room outlets; and

[8] All bathtubs, showers, lavatory, water closets, and sinks shall be in working order. Also, same must be supplied with hot (or tempered) and cold running water and drain with no leaks; and

[9] Rental unit shall be provided with heating facilities capable of maintaining a room temperature of 68° F. (20° C.) in all habitable rooms, bathrooms, and toilet rooms; and

[10] Water heaters shall be operational and have functioning pressure relief valves with drain lines to within six inches from the floor; and

[11] Light fixtures, where present in closets, shall be of approved type and no open bulb(s). Bulb covers are required; and

[12] Means of egress shall be safe, continuous, and unobstructed path of travel from any point in the rental unit to an exterior yard or public way. Doubled keyed door locks for egress doors are prohibited. Egress doors must have throw bolt type locks. Doors shall be readily openable from the side from which egress is to be made without the need for keys, special knowledge, or effort, except where the door hardware conforms to the International Building Code; and

[13] Sump pumps, floor drains, and/or downspouts shall not be connected to the public sewer system; and

[14] Garage door openers shall not be powered with use of electrical extension cords; and

[15] The maximum number of occupants for each rental unit shall not exceed the maximum number of occupants permitted under the Required Addendum to Residential Rental Agreement or by Section 404 of the Bath Property Maintenance Code, as may be amended, whichever amount is less.

(d) Bath's Manager or any Bath employee designated by Bath's Council shall create a rental property minimum standards inspection report for use by the Code Enforcement Officer.

(4) Following the submission of a fully completed rental license application for a premises, payment of the required application fee for each existing rental unit, timely delivery of fully signed Required Addendum to Residential Rental Agreement(s), timely delivery of power of attorney when said power of attorney is required by § 497-4B of this article, and the Code Enforcement Officer's determination that the intended rental unit(s) constitute existing rental unit(s) as defined herein, the Borough may issue a revocable rental license(s) to the owner of existing rental unit(s) prior to the initial minimum standards inspection(s). The revocable rental license(s) shall expire on December 31 of the year indicated by the Borough on said rental license(s). The maximum length of a rental license is one calendar year. Each rental license is revocable by the Borough as set forth in this article.

(5) Following the submission of a fully completed rental license renewal application for a premises, payment of the required application fee for each existing rental unit, timely delivery of fully signed Required Addendum to Residential Rental Agreement(s), and timely delivery of power of attorney when said power of attorney is required by § 497-4B of this article, the Borough may issue a revocable renewed rental license(s) to the owner of existing rental unit(s) prior to the initial minimum standards inspection(s) or if the existing rental unit passed a minimum standards inspection within the time period required by this article, as the case may be. The revocable renewed rental license shall expire on December 31 of the year indicated by the Borough on said renewed rental license(s). The maximum length of a renewed rental license is one calendar year. Each renewed rental license is revocable by the Borough as set forth in this article.

B. New rental unit.

(1) Following the submission of a fully completed rental license application for a premises for each new rental unit thereon, payment of the required application fee for each new rental unit, timely delivery of fully signed Required Addendum to Residential Rental Agreement(s), timely delivery of power of attorney when said power of attorney is required by § 497-4B of this article, and the Code Enforcement Officer's determination that the intended rental unit(s) constitute new rental unit(s) as defined herein, the Borough shall schedule a minimum standards inspection within 10 business days of the Borough's receipt of said rental license application unless there is a delay because of unforeseen conditions or a lack of cooperation by the owner or manager, if any. The penalty for not allowing any minimum standards inspection or any other inspection by the Code Enforcement Officer of an intended new rental unit under this article or any other ordinance of the Borough shall be denial of the rental license application for the intended new rental unit. The scope of the minimum standards inspection is set forth in § 497-9A(3) above.

(2) For each new rental unit, after the initial minimum standards inspection, subsequent minimum standards inspection(s) shall take place no more than once every three years thereafter unless a written complaint is received by the Borough that causes the Code Enforcement Officer, in his sole discretion, to determine that a minimum standards inspection is necessary versus performance of a general inspection.

(3) After submission of a fully completed rental license application for a premises for each new rental unit thereon, payment of the required application fee for each new rental unit, timely delivery of fully signed Required Addendum to Residential Rental Agreement(s), timely delivery of power of attorney when said power of attorney is required by § 497-4B of this article, and the Code Enforcement Officer's determination that the intended rental unit(s) constitute new rental unit(s) as defined herein, and the new rental unit passes the initial minimum standards inspection, the Borough shall issue a revocable rental license to the owner for such rental unit. Rental license(s) shall expire on December 31 of the year indicated by the Borough on said rental license(s). The maximum length of a rental license is one calendar year. Each rental license is revocable by the Borough as set forth in this article.

(4) Following the submission of a fully completed rental license renewal application for a premises for each new rental unit thereon, payment of the required application fee(s), timely delivery of fully signed Required Addendum to Residential Rental Agreement(s) and timely delivery of power of attorney when said power of attorney is required by § 497-4B of this article, the Borough shall issue revocable renewed rental license(s) to the owner of the new rental unit(s) if the new rental unit passed a minimum standards inspection within the time period required by this article. The revocable renewed rental license(s) shall expire on December 31 of the year indicated by the Borough on said rental license(s). The maximum length of a renewed rental license is one calendar year. Each renewed rental license is revocable by the Borough as set forth in this article.

C. Existing rental units and new rental units.

(1) At any time, any person may file a written complaint against a rental unit with the Code Enforcement Officer for an alleged violation of this article or any applicable code; however, when such person files said written complaint with Bath, said person shall provide an $85 security deposit (the "security deposit") to Bath via cash or check together with the complaint. Following receipt of written complaint and security deposit, the Code Enforcement Officer will prioritize the written complaint based on life safety criteria, inspect the rental unit per minimum standards inspection and/or general inspection per the Code Enforcement Officer's evaluation of written complaint, in the Code Enforcement Officer's sole discretion. Following the determined inspection by the Code Enforcement Officer, if the complaint is unfounded, the person who filed the complaint forfeits the security deposit and said security deposit is the property of Bath. Following the determined inspection by the Code Enforcement Officer, if the complaint is founded, the Code Enforcement Office may revoke rental license(s) or renewed rental license(s), file notice(s) of violation according to applicable codes and/or take any other actions permitted by law.

(2) A rental license or renewed rental license is required for each occupied rental unit. A rental license or renewed rental license is required to be in possession of the owner or manager for each rental unit. For a boarding, rooming or lodging house, a single license is allowed for all rental units forming the boarding, rooming or lodging house. It shall be the responsibility of the owner and manager, if applicable, to display a true and correct copy of the rental license or renewed rental license issued by the Borough in each rental unit in a conspicuous place for view by occupant(s) and the Code Enforcement Officer. For a boarding, rooming or lodging house, it is shall be the responsibility of the owner and manager, if applicable, to display a true and correct copy of the rental license or renewed rental license issued by the Borough in each room rented for sleeping purposes.

D. By conducting any inspections pursuant to this article or issuing any rental license(s) or renewed rental license(s) pursuant to this article, the Borough does not warrant or guarantee the safety or suitability of any rental unit to anyone. The Borough, through any action or inaction pursuant to this article, does not make any representation, warrantees or guarantees to anyone.

E. Administrative warrant. Within the limitations of federal and state law, a Code Enforcement Officer may apply to a Magisterial District Judge having jurisdiction for an administrative search warrant to enter and inspect a rental unit and the premises. Such warrant is only required where access to a rental unit or premises is denied to the Code Enforcement Officer after a request.

§ 497-10 Sale or transfer of rental units.

A rental license or renewed rental license shall not be transferred. In the case of a rental license or renewed rental license for any rental units that are sold or transferred to a new owner, the new owner shall apply for a rental license for each rental unit and comply with all requirements of this article, and each rental unit shall be subject to minimum standards inspection(s) as required by this article. Failure to apply for a rental license within 30 days before or after transfer of ownership of premises with rental unit(s) thereon shall result in revocation of rental license(s) or renewed rental license(s) obtained by the prior owner for applicable rental units.

§ 497-11 Enforcement.

A. Notice of violation.

(1) The Code Enforcement Officer shall serve a true and correct copy of notice of violation upon an occupant legally liable under rental agreement and the owner or manager, if any, after the completion of any minimum standards inspection and/or general inspection of a purported rental unit where violations of this article or other applicable ordinances are identified. A copy of such notice may likewise be provided to any other person at the discretion of the Borough.

(2) The owner and manager, if any, shall be permitted 20 days from the date of service of any notice of violation to cure all violations enumerated therein. The only exceptions to this twenty-day cure period are as follows:

(a) In the event the Code Enforcement Officer determines the purported rental unit is unfit for human habitation and/or that the continued occupation of the purported rental unit poses an imminent threat to the health, safety and welfare of any occupant or purported occupant, the Code Enforcement Officer shall order said rental unit to remain vacated or vacated immediately, and to remain vacated until the Code violations set forth in the notice of violation are corrected to the satisfaction of a Code Enforcement Officer pursuant to the time limits set forth in the notice of violation.

(b) For serious violations that do not require the purported rental unit to be vacated, a Code Enforcement Officer may require said violations be cured within 24 hours, or any other time period as determined by a Code Enforcement Officer.

(c) For violations requiring more than 20 days to cure, a Code Enforcement Officer may grant, in his sole discretion, additional time to effect a cure, and this period shall be noted, in writing, by the Code Enforcement Officer and provided to the owner.

B. Nonrenewal.

(1) A Code Enforcement Officer may delay or deny a rental license renewal application if there are outstanding violations of any codes applicable to the rental unit that have not been corrected at the time license renewal is required by this article.

(2) If the violations set forth in any notice of violation do not cause the Code Enforcement Officer to determine that the intended rental unit is unfit for human habitation and/or that the continued occupation of the intended rental unit poses an imminent threat to the health, safety and welfare of any occupant or intended occupant, the Code Enforcement Officer may permit the current occupants to continue to reside in the rental unit for a reasonable period of time established by a Code Enforcement Officer in a notice of nonrenewal that specifies the violations and the maximum time period that the owner must cure the violations. In such event, the Code Enforcement Officer may issue a temporary rental license that is conditioned upon the correction of the violations within a maximum time period determined at the discretion of the Code Enforcement Officer. If the violations are not corrected to the satisfaction of the Code Enforcement Officer, in his sole discretion, within the maximum time period specified by the Code Enforcement Officer or any written extension of time granted by the Code Enforcement Officer and specified, in writing, by the Code Enforcement Officer, the temporary rental license is automatically revoked upon notice of same served upon the owner or manager, if any, and an occupant legally liable under rental agreement, if any. Any continued occupancy of the rental unit after the owner or manager, if any, or an occupant legally liable under the rental unit, it applicable, has been notified, in writing, by the Borough that the temporary rental license is revoked shall constitute a violation of this article.

(3) In the event the Code Enforcement Officer determines the intended rental unit is unfit for human habitation and/or that the continued occupation of the intended rental unit poses an imminent threat to the health, safety and welfare of any occupant or intended occupant, the Code Enforcement Officer shall deny the rental license renewal application and shall order the affected rental unit to remain vacated or vacated immediately, and to remain vacated until the Code violations set forth in the notice of violation are corrected to the satisfaction of a Code Enforcement Officer pursuant to the time limits set forth in the notice of violation. Any continued occupancy of a rental unit after the owner or manager, if any, or an occupant legally liable under the rental unit has been notified, in writing, by the Borough that the rental license renewal application is denied shall constitute a violation of this article.

C. Revocation. The immediate revocation of a rental license orewed rental license, as the case may be, may occur if the rental unit fails minimum standard inspection and the violations of the minimum standards are not corrected as required by this article. The immediate revocation of a rental license or renewed rental license, as the case may be, shall occur if the Code Enforcement Officer determines that violations of any codes make the rental unit unfit for human habitation and/or that the continued occupation of the intended rental unit poses an imminent threat to the health, safety and welfare of any occupant or intended occupant. Such revocation shall continue until violations of codes are corrected and rental units have passed minimum standards inspection. Upon revocation, the owner shall take immediate steps to locate alternative housing for occupant(s). Any continued occupancy of rental unit(s) after the owner or manager, if any, and an occupant legally liable under rental agreement, if any, has been notified, in writing, by the Borough that the rental license or renewed rental license has been revoked shall constitute a violation of this article.

D. Suspension.

(1) The Code Enforcement Officer may suspend a rental license or renewed rental license if the owner or manager, if any, are not available or do not respond to contacts by the Code Enforcement Officer, or if the name and contact information for the owner or manager are no longer valid, or if a manager no longer represents the owner and a manager is required under this article. Such suspension shall continue until such time as any and all violations of this subsection are corrected.

(2) The Code Enforcement Officer may suspend a rental license or renewed rental license until violations of any codes have been corrected within a time limit established by the Code Enforcement Officer. Such suspension shall continue until such time as the violation(s) of codes are corrected.

(3) In the event a rental license or renewed rental license is suspended and is not reinstated before a rental license renewal application is required under this article, such suspended rental license or renewed rental license shall constitute a basis for denial of any rental license renewal application.

E. Reinstatement. A rental license or renewed rental license shall be reinstated if the owner of affected rental unit(s) corrects the reason for the revocation or suspension of the rental license(s) or renewed rental license(s), and the owner has paid a rental license reinstatement fee of $150 for each reinstated license and any other monies owed to the Borough pursuant to any enforcement action by the Borough against the owner. The rental license reinstatement fee may be changed by resolution of Council from time to time.

F. Procedure for nonrenewal, suspension or revocation of license. Following a determination by the Code Enforcement Officer that grounds for nonrenewal, suspension or revocation of any rental license or renewed rental license exist, the Code Enforcement Officer shall notify the owner or manager, if any, and an occupant legally liable under rental agreement, if any, of the action to be taken and the reason therefor. Such notification shall be in writing, addressed to the owner or manager, if any, and an occupant legally liable under rental agreement, if any, and shall contain the following information:

(1) The address of the premises and identification of the affected rental unit(s).

(2) A description of the violations of this article which have been found to exist.

(3) A statement that the rental license or renewed rental license for said rental unit(s) shall be suspended, not renewed for the next license period or revoked unless the violation(s) is/are corrected within the time deadline provided in the notice. In the case of a revocation, the notice shall state the date upon which such revocation shall commence.

(4) A statement that, during the rental license or renewed rental license nonrenewal or revocation, the affected rental unit(s) shall not be rented for occupancy except during any temporary rental license that a Code Enforcement Officer may issue.

(5) Information regarding the relevant appeal process(es).

G. Appeals.

(1) An occupant legally liable under rental agreement or owner of a rental unit aggrieved by 1) a written decision, notice or order of a Code Enforcement Officer under this article regarding a rental unit or 2) any issuance of a disruptive conduct report or 3) any eviction order under this article shall have the right to appeal to the Borough Rental License and Inspection Board of Appeals ("Board of Appeals").

(a) An application for appeal must be in writing via a form obtained from the Code Enforcement Officer and may be made when it is claimed that the provisions of this article have been improperly applied or administered or that factual errors were made by the Code Enforcement Officer, or for such other grounds under this article as the appellant may allege.

(b) The application for appeal, together with the required appeal application fee, is required to be filed with the Board of Appeals within 20 days after the day the written decision, report, notice or order, disruptive conduct report or eviction order was served on the aforesaid aggrieved occupant or owner pursuant to this article. The address for the Board of Appeals is Bath Municipal Building at 121 South Walnut Street, Bath, PA 18014.

(c) An appeal application fee of $300 shall be paid in advance by the aforesaid aggrieved occupant or owner requesting the hearing for the appeal filed with the Board of Appeals under this section. The appeal application fee is necessary to cover all or a part of the costs of the stenographer for the hearing, advertising the regular or special meeting where the hearing will be conducted and other administrative expenses of the Board of Appeals excepting legal fees and expenses incurred by the Board of Appeals. The appeal application fee may be changed by resolution of Council from time to time.

(d) The initial appeal hearing shall be scheduled within 10 days of the date the appeal is timely filed with the Board of Appeals unless said Board determines a need to schedule the initial appeal hearing for a later date. The Board of Appeals shall adjudicate such appeal within 45 days after the conclusion of the hearing(s). The Board of Appeals shall render a written decision and serve a copy of same on the appellant pursuant to § 497-11H of this article utilizing the appellant's email and/or mailing address provided by the appellant on the appellant's application for appeal. The Act of April 28, 1978 (P.L. 202, No. 53), as amended, known as the "Local Agency Law," and the practices and procedures established in the Borough Property Maintenance Code,[1] as amended, shall be followed.

[1] Editor's Note: See Ch. 470, Property Maintenance.

(e) If the appeal is found in favor of the appellant, then the appeal application fee shall be returned to the aforesaid aggrieved occupant or owner that paid it. If the appeal is not found in favor of the appellant, then the appeal application fee is nonrefundable.

(f) The Board of Appeals shall consist of three members appointed by Council to the Board with one member initially appointed for a five-year term, one member initially appointed for a four-year term and one member initially appointed for a three-year term. Thereafter, upon expiration of a term, each new member shall be appointed for a five-year term so members on the Board of Appeals serve staggered terms. Upon resignation or removal of a member, the new member shall be appointed by Council to fill the unexpired term caused by the resignation or removal.

[1] Council shall also appoint two alternate members who shall be called by the Board of Appeals to hear appeals during the absence or disqualification of a member. Alternate members shall possess the qualifications required for Board membership and shall be appointed each for a five-year term or until a successor has been appointed. Upon resignation or removal of an alternate member, the new alternate member shall be appointed by Council to fill the unexpired term caused by the resignation or removal.

[2] Qualifications for any member of Board of Appeals. Every member of the Board of Appeals shall be an adult resident of the Borough or Northampton County and appointed by Council to serve on the Board of Appeals. Neither members of Council nor members of the Bath Zoning Hearing Board shall serve on the Board of Appeals.

[3] The Board of Appeals shall annually select one of its members to serve as Chairman, and the Board of Appeals may annually select other members to serve as other officers of the Board of Appeals as said Board determines is necessary.

[4] A Board of Appeals member shall not hear an appeal in which that member has any pecuniary interest.

(2) Other boards.

(a) The Nazareth Area COG Property Maintenance Board of Appeals or other Borough-designated Property Maintenance Board of Appeals shall continue to hear appeals of the application and interpretation of the Borough Property Maintenance Code as provided in the Borough Property Maintenance Code. In addition to filing an appeal pursuant to § 497-11A above, an occupant legally liable under rental agreement and/or owner of a rental unit aggrieved by a written decision, notice, or order of a Code Enforcement Officer under this article regarding a rental unit are cautioned that said occupant and/or owner may need to file an appeal with the Nazareth Area COG Property Maintenance Board of Appeals or other Borough-designated Property Maintenance Board of Appeals in the event the Code Enforcement Officer provides a written decision, notice of violation or order to said occupant and/or owner pursuant to the Borough Property Maintenance Code.

(b) The Borough Zoning Hearing Board shall continue to hear appeals of the application and interpretation of the Borough Zoning Ordinance as provided in the Borough Zoning Ordinance.[2] In addition to filing an appeal pursuant to § 497-11A above, the occupant legally liable under rental agreement and/or owner of a rental unit aggrieved by a written decision, notice, or order of a Code Enforcement Officer under this article regarding a rental unit are cautioned that said occupant and/or owner may need to file an appeal with the Borough Zoning Hearing Board in the event the Code Enforcement Officer provides a written decision, notice of violation or order to said occupant and/or owner pursuant to the Borough Zoning Ordinance.

[2] Editor's Note: See Ch. 675, Zoning.

(c) The Borough-designated Borough Uniform Construction Code Board of Appeals shall continue to hear appeals of the application and interpretation of the Borough Uniform Construction Code as provided in the Borough Uniform Construction Code.[3] In addition to filing an appeal pursuant to § 497-11A above, the occupant legally liable under rental agreement and/or owner of a rental unit aggrieved by a written decision, notice, or order of a Code Enforcement Officer under this article regarding a rental unit are cautioned that said occupant and/or owner may need to file an appeal with the Borough-designated Borough Uniform Construction Code Board of Appeals in the event the Code Enforcement Officer provides a written decision, notice of violation or order to said occupant and/or owner pursuant to the Borough Uniform Construction Code.

[3] Editor's Note: See Ch. 270, Construction Codes, Uniform.

H. Service of notifications.

(1) Notices of violations of this article, disruptive conduct reports, eviction orders or notices of rental license or renewed rental license suspensions, revocations and nonrenewal shall be deemed to be properly served upon the owner, manager, if applicable, or an occupant legally liable under rental agreement, if applicable, when a copy thereof is served in accordance with one of the following methods:

(a) A copy is delivered personally to the owner, manager, if applicable, or an occupant legally liable under rental agreement, if applicable, or an adult individual at the last known address provided on the rental license application or rental license renewal application for the owner, manager, if applicable, or occupant legally liable under rental agreement, if applicable.

(b) A copy is sent by electronic mail to the owner, manager, if applicable, or an occupant legally liable under rental agreement, if applicable, at the last known address (with electronic return receipt requested) provided on the rental license application or rental license renewal application, as the case may be, and the electronic return receipt requested provides confirmation that the sent email was received.

(c) A copy is sent by certified or registered mail addressed to the owner, manager, if applicable, or an occupant legally liable under rental agreement, if applicable, at the last known address (with the return receipt requested) provided on the rental license application or rental license renewal application, as the case may be.

(d) If the certified or registered letter is returned showing that the letter was not delivered, a copy thereof shall be posted in a conspicuous place in or about the rental unit affected by the notice. Such posting of the notice in the foregoing manner shall constitute service of notice upon the owner, manager, if any, and occupant legally liable under rental agreement.

(2) The Borough shall not be responsible for failing to provide notice where the owner has not provided an up-to-date name and address for the owner, or manager, if any, for the rental unit or any occupants legally liable under rental agreement for the rental unit.

(3) There shall be a presumption that any notice required to be served upon the owner under this article shall have been received by such owner if notice was served upon the owner or manager, if applicable, in any manner provided by § 497-11H of this article.

(4) There shall be a presumption that any notice required to be served upon occupants under this article shall have been received by occupants if notice was served upon an occupant legally liable under rental agreement in any manner provided by § 497-11H of this article.

(5) A claimed lack of knowledge by the owner or manager, if any, of any violation hereunder cited shall not be a defense to rental license or renewed rental license nonrenewal, suspension or revocation, disruptive conduct reports or any eviction order as long as all required notices under this article have been served on the owner or owner's manager.

(6) A claimed lack of knowledge by occupants of any violation hereunder cited shall not be a defense to rental license or renewed rental license nonrenewal, suspension or revocation, disruptive conduct reports or any eviction order as long as all required notices under this article have been served on an occupant legally liable under rental agreement.

I. Violations and penalties.

(1) Basis for violations:

(a) It shall be unlawful for any person, either owner or manager, if applicable, to rent, cause to be rented, or permit the occupancy of any rental unit without the owner obtaining and maintaining a valid and current rental license or renewed rental license from the Borough for the affected rental unit as required by this article.

(b) It shall be unlawful for any person, either owner or manager, if applicable, to rent, cause to be rented, or permit the occupancy of any rental unit without the owner obtaining and maintaining a valid and current rental license or renewed rental license from the Borough for the affected rental unit as required by this article after a rental license or renewed rental license for the affected rental unit has been revoked pursuant to this article.

(c) In the event any occupant legally liable under rental agreement that is served notice that the owner does not have a valid and current rental license or renewed rental license from the Borough for the affected rental unit as required by this article and the owner does not have a rental license application or rental license renewal application pending with the Borough, it shall be unlawful for any occupant legally liable under rental agreement to occupy or permit the occupancy of any rental unit within the Borough.

(d) It shall be unlawful for any owner, manager or occupant to violate any applicable provision of this article.

(2) Penalties and remedies:

(a) A person, either owner or manager or both, who violates § 497-11I(1)(a) above shall be served with a thirty-day notice of violation that warns said person of the § 497-11I(1)(a) violation of this article and that compliance must be obtained within the thirty-day period specified in the notice. In the event violation of § 497-11I(1)(a) exists after the expiration date of the aforesaid thirty-day cure period, the owner or manager or both shall each, upon conviction of violation of § 497-11I(1)(a) by a Magisterial District Justice, be liable of a fine of not less than $500 and not more than $1,000 per affected rental unit for each five days the violation exists plus court costs and reasonable attorneys' fees and expenses incurred by the Borough. Each five days that a violation of § 497-11I(1)(a) continues shall constitute a separate offense.

(b) A person, either owner or manager or both, who violates § 497-11I(1)(b) above shall each, upon conviction thereof by a Magisterial District Justice, be liable of a fine of not less than $500 and not more than $1,000 per affected rental unit for each five days the violation exists plus court costs and reasonable attorneys' fees and expenses incurred by the Borough. Each five days that a violation of § 497-11I(1)(b) continues shall constitute a separate offense.

(c) Any occupant legally liable under rental agreement who violates § 497-11I(1)(c) above shall, upon conviction thereof by a Magisterial District Justice, be liable of a fine of not less than $500 and not more than $1,000 per affected rental unit for each five days the violation exists plus court costs and reasonable attorneys' fees and expenses incurred by the Borough. Each five days that a violation of § 497-11I(1)(c) continues shall constitute a separate offense.

(d) Any person who violates § 497-11I(1)(d) above shall each, upon conviction thereof by a Magisterial District Justice, be liable of a fine of not less than $250 and not more than $1,000 per affected rental unit for each five days the violation exists plus court costs and reasonable attorneys' fees and expenses incurred by the Borough. Each five days that a violation of § 497-11I(1)(d) continues shall constitute a separate offense.

(e) In addition, an eviction of occupants of a rental unit may be required under provisions of this article, and the rental license or renewed rental license that grants the privilege to operate, rent or permit the occupancy of a rental unit may be revoked or suspended.

(f) The penalties and remedies for a violation of the Borough Property Maintenance Code, Borough Zoning Ordinance, Borough Uniform Construction Code[4] or other code shall be as established in such other code.

[4] Editor's Note: See Ch. 470, Property Maintenance, Ch. 675, Zoning, and Ch. 270, Construction Codes, Uniform, respectively.

(g) Nonexclusive remedies. The penalty provisions of this article and the rental license and renewed rental license nonrenewal, suspension and revocation procedures provided in this article shall not limit the ability of the Borough to enforce this article as permitted under state law or other Borough codes, regulations or ordinances, nor shall said penalty provisions limit the ability of the Borough to utilize the penalties, remedies and procedures under such Borough ordinances, state or federal law, if applicable.

§ 497-12 Fees.

A. The fees set by this article and any fees necessary to administer all provisions of this article may be changed or set from time to time by resolution by Council.

B. The rental license application fee and annual rental license renewal application fee may be changed from time to time by resolution by Council. The aforesaid application fees must be paid at the time of submission of the rental license application or annual rental license renewal application, as the case may be, to the Borough.

C. The fees set forth in § 497-12B above are intended to cover all or part of the costs over a three-year period for up to two minimum standards inspections for each rental unit, such as initial minimum standards inspection and then a follow-up minimum standards inspection to ensure that the violations have been corrected.

D. If three or more minimum standards inspections are needed in any three-year period for a rental unit, such as when the follow-up inspection finds that violations have not been corrected, then an additional fee as established by resolution of Council shall apply for each inspection after the first two minimum standards inspections.

E. Any fees set by this article may be changed from time to time by resolution of Council.

F. If any minimum standards inspection is needed for the rental unit because the Code Enforcement Officer was not able to enter the rental unit at the time the inspection had been scheduled with the owner or manager, then an additional minimum standards inspections fee will be charged against the owner as provided for by resolution of Council.

G. Any fees set by this article or changed by resolution of Council may be changed from time to time by resolution of Council.

H. The fees set by this article or set or changed by resolution of Council are intended to cover the Borough's direct and indirect costs for administering this article and for inspections and related vehicle, office, administrative and overhead expenses, including, but not limited to, the Borough's third-party vendor fees and legal fees in administering this article to the extent said fees are not recoverable or recovered from violators of this article and the prosecution of same.

§ 497-13 Gender neutrality.

All references to "he," "him," "his" or "himself;" "she," "her" or "herself;" or "it," "its" or "itself" shall be considered gender neutral and shall be deemed to represent masculine, feminine and neuter subjects and objects.

§ 497-14 Singular and plural.

Wherever a singular expression is used in this article, that expression is considered as including the plural where required by the context.

§ 497-15 Severability.

If any section, clause, provision or portion of this article shall be held invalid or unconstitutional by a court of competent jurisdiction, such decision shall not affect any other section, clause, provision or portion of this articles so long as it remains workable minus the invalid portion.

§ 497-16 Repealer.

All existing ordinances of the Borough or parts thereof which are inconsistent with the provisions of this article are hereby repealed. This article hereby expressly repeals and replaces Ordinance No. 401, adopted on or around January 4, 1998.

§ 497-17 Effective date.

Effective date: This article shall take effect January 1, 2022.