[HISTORY: Adopted by the Borough Council of the Borough of
Lemoyne as indicated in article histories. Amendments noted where
applicable.]
[Adopted 3-6-1969 by Ord.
No. 453 (Ch. 11, Part 1, of the 1984 Code of Ordinances)]
The following words when used in this article shall have the
meaning ascribed to them in this section except where the context
clearly indicates or requires a different meaning:
That person or persons who has the use of real estate of
a lessor and is responsible for the giving of any type of consideration
therefor, but excluding those who are lessees for a period of not
less than 30 days.
Any person who grants a lease or otherwise permits the use
of his real estate or portion thereof for a consideration, monetary
or otherwise.
Any natural person, partnership, association, firm, or corporation.
All lessors, within 30 days after the effective date of this
article, or in case of real estate thereafter acquired or thereafter
rented or becoming available for rental, within 30 days after the
acquisition, rental or availability for rental thereof, as the case
may be, shall report to the Borough Secretary in writing addressed
to him at the Borough Office, the number of parcels or units of real
estate presently or hereafter rented or available for rental, a description
(by address, unit or apartment number and/or some other meaningful
method) of the said parcels or units, and the names of its lessees
at the time of such report, together with a designation as to which
unit or parcel is occupied by each.
Any change in the occupancy of real estate rented or leased or in the identity of the lessee from that shown in the report of the lessor as required in § 394-2 hereof shall be reported by lessor so the Borough Secretary within 10 days after such change. It is intended hereby that lessors shall report a new lessee or a lessee who rents or leases a different unit or parcel or lessor's real estate and when a unit or parcel of their real estate becomes vacant.
The Borough Secretary may prepare a form report entitled "Status
of Occupancy Report," which form report may require that information
set forth above and such other pertinent information that the Council
by resolution may direct the Borough Secretary to incorporate into
the said report form. The failure to have such report forms, however,
shall not excuse the obligation or lessors to provide the information
required herein.
Any lessor violating any of the provisions of this article or
who furnishes false information to the Borough or who uses a false
name or address in any report required by this article shall, upon
conviction before a Magisterial District Judge, be sentenced to a
fine not more than $100 and costs of prosecution, and in default of
payment thereof to suffer imprisonment for a term not to exceed 30
days.
[Adopted 1-1-2016 by Ord.
No. 732]
The Borough has determined that non-owner-occupied dwelling
units are frequently maintained at a standard significantly less than
owner-occupied dwelling units and that such failure to maintain those
units can, and frequently does, result in dwelling units that are
unsafe, unsanitary and, in many instances, not maintained to the minimum
standards required by the various applicable codes in effect in the
Borough of Lemoyne, from time to time. Therefore, the Borough Council
finds it to be desirable and in the public interest to enact the following
provisions, providing for the regular and systematic inspection of
these properties to ensure their continued compliance with applicable
Borough codes.
This article shall be known and may be cited as the "Residential
Rental Dwelling Unit Code of the Borough of Lemoyne."
A certain document designated as the "International Property Maintenance Code, 2009," as published by the International Code Council, be and is hereby adopted as the Residential Rental Dwelling Unit Code of the Borough of Lemoyne, Cumberland County, Pennsylvania, for the control of residential rental buildings and structures as herein provided, and each and all of the regulations, provisions, penalties, conditions and terms of the "International Property Maintenance Code" are hereby referred to, adopted and made a part hereof as if fully set out in this chapter, with the additions, insertions, deletions and changes, if any, prescribed in § 394-10 of this chapter.
In the event any provision of this article is inconsistent with
a provision of any other part or chapter of the Code of the Borough
of Lemoyne, other code or ordinance in effect in the Borough of Lemoyne,
the provision applying the stricter standard shall apply.
The following sections of the International Property Maintenance
Code, 2009, are hereby revised, removed, replaced, and/or modified
as follows:
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101.1 Title. These regulations shall be known as
the "Residential Rental Dwelling Unit Code of the Borough of Lemoyne,"
hereinafter referred to as "this code" or "the code."
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101.2 Scope. The provisions of this code shall
apply to properties within the Borough of Lemoyne to the extent delineated
as follows:
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1.
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All residential rental dwelling units, structures, or properties
shall comply with any and all provisions of this code.
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If a residential rental dwelling unit is located in the same
structure as any other use, the whole structure shall comply with
Sections 301, 302, 303, 304, 306, 307, 308, and 507 of this code,
and the residential rental dwelling unit shall comply with all provisions
of this code.
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2.
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This code does not apply to owner-occupied residential units
or nonresidential uses, except as provided for above in Section 101.2(1).
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The provisions of this code constitute minimum requirements
and standards for the properties, owners, owner's agents, and occupants
regulated by this code, which requirements and standards are enacted
to protect the health, safety, and welfare of the residents of the
Borough of Lemoyne.
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103.3 Deputies. The Council of the Borough of Lemoyne
shall have the authority to appoint a Deputy Code Official(s), other
related technical officers, inspectors, and other employees.
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103.5 Fees. The fees for services, inspections,
and activities performed by the department in carrying out its responsibilities
under this code shall be as set forth and amended from time to time
by resolution in the Fee Schedule of the Borough of Lemoyne. The authorized
fees shall include, but not be limited to, fees for issuance of certificates
of compliance, renewal of certificates of compliance, inspections,
reinspections, and review of independent inspection reports.
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104.1 Interpretation. The Code Official is hereby
authorized and directed to enforce the provisions of this code and
shall have the authority to interpret and implement the provisions
of this code.
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106.3 Prosecution of violation. Any person failing
to comply with a notice of violation or order served in accordance
with Section 107 shall be deemed guilty of a summary offense. If the
notice of violation is not complied with, the Code Official may institute
the appropriate proceedings at law or in equity to restrain, correct,
or abate such violation, or to require the removal or termination
of the unlawful occupancy of the structure in violation of the provisions
of this code or of the order or direction made pursuant thereto. Any
corrective action taken by the authority having jurisdiction over
such premises may be charged against the real estate upon which the
structure is located and shall be a lien upon such real estate.
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106.4 Violation penalties. Any person, firm, or
corporation who or which shall violate any provision of this code
shall, upon conviction thereof; be subject to a fine of not less than
$100 nor more than $1000, plus costs of prosecution and reasonable
attorney fees; in default of payment of said fine and cost, said person
may be subject to imprisonment for a term not to exceed 30 days. Each
day that a violation continues shall be deemed a separate offense.
All fines collection for the violation of this article shall be paid
to the Borough of Lemoyne.
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106.6 Administrative search warrants. The Code
Official may seek an administrative search warrant to ensure that
any property regulated by this code is in compliance with this code.
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106.7 Violations as public nuisances. Any property
regulated by this code that is in violation of this code may be considered
a public nuisance and be abatable as such in accordance with 8 Pa.C.S.A.
§ 32A03.
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107.2 Form. Such notice prescribed in Section 107.1
shall be in accordance with all of the following:
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1.
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Be in writing.
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2.
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Include a description of the real estate sufficient for identification,
including the street address.
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3.
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The date of the inspection.
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4.
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The identity of the inspector.
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5.
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Include a statement of the violation or violations, including
citations to the appropriate ordinance section, and why the notice
is being issued.
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6.
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Include a correction order allowing up to 90 days to make the
repairs and improvements required to bring the residential structure
into compliance with the provisions of this code or the order or direction
of the Code Official.
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7.
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Inform the property owner or owner's agent of the right to appeal.
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8.
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Include a statement of the right to file a lien in accordance
with Section 106.3.
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111.2 Membership of Board. The Code Appeals Board
(the "Board") shall consist of five members who shall be appointed
by the Council of the Borough of Lemoyne. Each member shall have been
a resident of the Borough for at least one year prior to appointment.
The terms of office of the members of the Board shall be five years;
provided, however, that the terms of office shall be fixed so that
the term of one member shall expire each year.
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(Sections 111.2.1 through 111.2.4 shall remain as provided in
the International Property Maintenance Code.)
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Section 111.2.5, Compensation of Board members, is deleted.
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111.3 Notice of meeting. The Board shall meet at
its regularly scheduled meeting or at a special meeting upon the call
of the Chairman, notice of which shall be published in accordance
with the requirements for publishing public notice in accordance with
the Sunshine Act.[1]
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111.4.1 Procedure. The Board shall conduct the
public hearing in accordance with the Local Agency Law[2] adopted by the Commonwealth of Pennsylvania.
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111.6 Board decisions. The Board shall modify or
reverse the decision of the Code Official only by a concurring vote
of a majority of a quorum on the Board members.
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(Section 111.6.1 shall remain as provided in the International
Property Maintenance Code.)
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111.6.2 Administration. The Code Official shall
take immediate action in accordance with the decision of the Board,
unless properly appealed to a court of appropriate jurisdiction.
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111.7 Court review. Any person aggrieved by an
adjudication of the Board of Appeals who has a direct interest in
such adjudication shall have the right to appeal therefrom to the
court vested with jurisdiction of such appeals by or pursuant to Pennsylvania
law.
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111.9 Extension of time. The Board shall have the
ability to grant extensions of time for the completion of repairs
or maintenance required by this code upon a hearing held in accordance
with this code; provided, however, that for correction orders issued
as a result of inspections occurring in the months of November through
February, which correction orders require exterior corrections such
as, but not limited to, exterior painting or the repair/replacement
of sidewalks, which corrections cannot be completed due to weather
conditions, the Borough Manager may grant an extension, which shall
not extend the time for completion further than May 31.
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202 General Definitions. The following definitions
shall be added or amended. The definitions in the code not referenced
below shall remain in full force and effect.
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CERTIFICATE OF COMPLIANCE. The certificate issued
by the code official that evidences inspection under the provisions
of this article.
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CODE OFFICIAL. The person or persons authorized
by the Borough to determine compliance with the provisions of this
article and to enforce the same. The Code Official shall include the
Borough Zoning and/or Property Code Officer as appointed or employed
from time to time.
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CODES. Any applicable parts or chapters of this
code, other codes or ordinances as adopted by the Borough from time
to time, statutes and any rules and regulations promulgated thereunder.
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DWELLING UNIT. One or more rooms in a structure
designed primarily for occupancy by one or more persons, for living,
sleeping and habitation purposes and having its own kitchen and sanitation
facilities.
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EXTERIOR AREA. The outside facade of a building,
including but not limited to any porch, yard, lawn, landscaping, sidewalks,
setbacks, curbs, and all open area contiguous to a building owned
by the same owner (as defined below) or persons or part of the same
real estate parcel.
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NURSING HOME OR CONVALESCENT HOME. A building with
sleeping rooms where persons are housed or lodged and furnished with
meals, nursing care for hire and which is approved for nonprofit/profit
corporations licensed by the Pennsylvania Department of Public Welfare
for such use.
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OWNER. Any person, agent, operator, firm, corporation,
partnership, limited liability company, limited liability partnership,
association, other entity, property management group, trust, or fiduciary
holding or having legal, equitable or other interest in any real property
or otherwise having control of the property, including the guardian
of the estate of any such person and the executor or administrator
of such person's estate. When used in this article in a clause proscribing
any activity or imposing a penalty, the term as applied to corporations,
partnerships, limited liability companies, limited liability partnerships,
associations, other entities, or property management groups shall
include each and every member, shareholder, partner (limited or general),
director, officer, trustee or other person who exercises substantial
control over the residential rental dwelling unit. The term "owner"
shall also include owner's agent.
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OWNER'S AGENT. An individual or firm designated
by the owner of real property, in writing, to the Borough, who shall
reside or work on the premises or within a forty-mile radius of the
Borough of Lemoyne, a map of which is available for inspection in
the Borough office, and who shall be legally responsible for the operation
of the rental property in compliance with all of the provisions of
the codes and ordinances of the Borough of Lemoyne and the Commonwealth
of Pennsylvania and who shall be responsible for providing legal access
to the property for the purposes of making inspections of said premises
to ensure compliance with said ordinance(s) and laws.
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PERSON. An individual, corporation, partnership,
trust, or any other group or entity acting as a unit.
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RESIDENTIAL RENTAL DWELLING UNIT. Dwelling unit
not occupied by the owner thereof.
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STRUCTURE. Any human-made object having an ascertainable
stationary location on or in land or water, whether or not affixed
to the land.
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302.4 Weeds. All premises and exterior property shall be maintained free from weeds, grass or other uncultured vegetation not edible or planted for some useful or ornamental purpose, more than six inches in height. All premises and exterior property shall be maintained free from trees, shrubs, hedges or other vegetation that overhangs sidewalks or other pedestrian walkways at a height of less than eight feet. All premises and exterior property shall be maintained free from trees, shrubs or other vegetation that overhangs a road right-of-way at a height of less than 12 feet, measured from the street surface at the curb. All noxious weeds shall be prohibited. This section shall be enforced in conjunction with Chapter 169 of the Code of the Borough of Lemoyne.
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Upon failure of the owner or agent having charge of a property
to cut and destroy weeds after service of a notice of violation, he
or she shall be subject to prosecution in accordance with Section
106.3 and as prescribed by the authority having jurisdiction. Upon
failure to comply with the notice of violation, any duly authorized
employee of the jurisdiction or contractor hired by the jurisdiction
shall be authorized to enter upon the property in violation and cut
and destroy the weeds growing thereon, and the costs of such removal
shall be paid by the owner or agent responsible for the property.
Noxious weeds shall be those listed on the noxious weed control list
found at 7 Pa. Code § 110.1.
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302.8 Motor vehicles. Except as provided for in
other regulations, no inoperative, unlicensed or unregistered motor
vehicle shall be parked, kept, or stored on any premises, and no vehicle
shall at any time be in a state of major disassembly, disrepair, or
in the process of being stripped or dismantled. Painting of vehicles
is prohibited unless conducted inside an approved spray booth.
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Exception: A vehicle of any type is permitted to
undergo major overhaul, including body work, provided that such work
is performed inside a structure or similarly enclosed area designated
and approved for such purposes.
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304.14 Insect screens. During the period from May
15 to October 15, every door, window and other outside opening required
for ventilation of habitable rooms, food preparation areas, food service
areas or any areas where products to be included or utilized in food
for human consumption are processed, manufactured, packaged or stored
shall be supplied with approved tightly fitting screen of not less
than 16 mesh per inch (16 mesh per 25 mm), and every hinged screen
door used for insect control shall have a self-closing device in good
working condition.
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308.1 Accumulation of rubbish or garbage. All exterior
property and premises, and the interior of every structure, shall
be free from any accumulation of rubbish or garbage, which includes,
but is not limited to, the keeping or depositing on or the scattering
over the premises of any of the following:
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1.
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Junk, trash or debris including but not limited to all waste,
refuse and discarded materials having only a junk or salvage value,
and garbage not contained in a safe sanitary and orderly manner in
a proper container for collection.
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2.
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Abandoned, discarded or unused objects or equipment such as
furniture, stoves, refrigerators, freezers, cans or containers.
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3.
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Maintaining or causing to be maintained upon any unenclosed
porch or exterior attachment, which faces a regularly traveled thoroughfare,
furniture, other than furniture designed for exterior use, which is
commonly intended for use inside a dwelling, including but not limited
to upholstered sofas, chairs, davenports, beds, divans and the like.
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Section 308.3.1, Garbage facilities, is deleted.
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CHAPTER 5
SANITARY DRAINAGE SYSTEM
SECTION 506.1
GENERAL
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506.1 General. All plumbing fixtures shall be properly
connected to a public sewer system.
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CHAPTER 6
MECHANICAL AND ELECTRICAL REQUIREMENTS
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In Section 602.3,the following dates shall be added
in the areas that currently contain the word "DATE": The first "DATE"
shall be changed to "October 15," and the second "DATE" shall be changed
to "May 15."
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In Section 602.4, the following dates shall be
added in the areas that currently contain the word "DATE": The first
"DATE" shall be changed to "October 15," and the second "DATE" shall
be changed to "May 15."
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CHAPTER 9
CERTIFICATE OF COMPLIANCE
SECTION 901
GENERAL
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901.1 Certificate of Compliance required. No person
shall let for rent or occupy any residential rental dwelling unit
within the Borough of Lemoyne unless such person has registered the
property and received a valid certificate of compliance, issued by
the Code Official in accordance with this code, for the specified
residential rental dwelling unit.
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Issuance of a certificate of compliance shall represent compliance
with the inspection requirements of this article but shall not denote
compliance with any other applicable part, chapter, other code, ordinance
or statute.
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901.2 Property subject to registration and license requirement. A certificate of compliance shall be obtained by the owner(s) having
a legal or equitable interest in the property or the owner's agent
for the following forms of residential rental dwelling units:
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1.
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Single-family dwellings.
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2.
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Any number of single-family dwelling units.
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3.
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Hotels having more than six rooms; unless principally providing
only overnight lodging.
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4.
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Motels having more than six rooms; unless principally providing
only overnight lodging.
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5.
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Group housing.
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6.
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Any and all combinations of the forms of residential rental
premises listed above.
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However, group homes, nursing homes shall be required to obtain
a certificate of compliance and remit all applicable fees, but inspection
shall not be required if the group home, nursing home, or convalescent
home provides the Borough with a copy of a current approved inspection
report from a regulating federal or state agency is provided at the
time of registration or renewal of registration for an inspection
that meets or exceeds the standards required in this code, as determined
by the Code Official.
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901.3 Registration of rental units. The registration
of residential rental dwelling units shall be made on a form furnished
by the Code Official or Borough Secretary on a form report entitled
"Status of Occupancy Report" and shall be completed in accordance
with any instruction(s) which may be given by the Code Official. The
information provided on the form shall include, but not be limited
to, the following information:
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1.
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The name, address, and telephone number of the owner or owners
of the rental unit.
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2.
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The name, address, and telephone number of the local agent or
agents.
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3.
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The address of the residential rental property being registered.
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4.
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The type of residential rental property being registered.
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5.
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The number of rental units located at the residential rental
property being registered.
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6.
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If the residential rental property is a group home, nursing
home or convalescent home, a copy of a current approved inspection
report from the regulating federal or state agency must be furnished.
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7.
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The name of the tenant(s) who will occupy the rental unit(s).
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*If no such form is provided by the Borough, the lack of a Borough
generated form shall not excuse the obligation of the owner to provide
the information required herein.
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901.3.1 Change in Occupancy. Any change in the
occupancy of any residential rental dwelling unit or in the identity
of the occupant from that shown in the report of the owner as required
in Section 901.2 above, shall be reported by owner(s) to the Borough
Secretary within 30 days after such change. It is intended hereby
that the owner(s) shall report, to the Borough Secretary, the identity
of a new occupant of a residential rental dwelling unit.
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901.3.2 Timing. Within 90 days following the effective
date of this code, all owners of residential rental dwelling units
existing on the effective date of this code shall register the residential
rental dwelling units in accordance with Section 901.3 hereof. An
owner applying for a certificate of compliance for a residential rental
dwelling unit not existing on the effective date of this code, may
register the residential rental property at any time, in accordance
with Section 901.4.1, an subject to the occupancy restrictions herein.
Registration of residential rental dwelling units in accordance with
this code is a condition precedent to occupancy of said units.
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1.
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No new residential rental dwelling unit not in existence on
the effective date of this code shall be let for rent or occupied
until such time as the Code Official issues a certificate of compliance
to the owner thereof following the required inspection to ensure compliance
with this chapter.
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2.
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All residential rental dwelling units in existence on the effective
date of this code and registered in accordance with Section 901.3.2
shall be subject to the initial inspection in accordance with the
following cycle (the "initial inspection"), which follows the voting
precincts of the Borough of Lemoyne:
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a.
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Precinct/Inspection Cycle 1: That area of the Borough
defined on the north by the railroad tracks known as the Shippensburg
Spur and on the south by Hummel Avenue;
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b.
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Precinct/Inspection Cycle 2: That area of the Borough
defined on the north by Hummel Avenue and on the south by the railroad
tracks known as the Main Line;
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c.
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Precinct/Inspection Cycle 3: That area of the Borough
defined as all of the area within the Borough north of the railroad
tracks known as the Shippensburg Spur; and
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d.
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Precinct/Inspection Cycle 4: That area of the Borough
defined as all of the area within the Borough south of the railroad
tracks known as the Main.
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3.
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Following the initial inspection cycle, residential rental dwelling
units shall be subject to inspection every four years in accordance
with the following:
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a.
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Ten percent of the residential rental dwelling units located
in a precinct shall be randomly selected for inspection by the Borough
Secretary.
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b.
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In the event that the Code Official does not note any deficiencies
or necessary corrective action following the inspection of a residential
rental dwelling unit randomly selected for inspection (not including
any necessary reinspections), said residential rental dwelling unit
shall not be included in the pool of residential rental dwelling units
subject to random selection for the next two inspection cycles.
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901.4 Certificate of Compliance. Upon receipt of
the fully completed registration form and payment of the appropriate
registration fee, the Code Official shall schedule an inspection of
the premises within 30 days of receipt of a completed registration
form. Prior to receiving a certificate of compliance, the residential
rental property must fully comply with the provisions of this code,
as determined by the Code Official. Occupancy of the residential rental
property prior to receiving a certificate of compliance shall be a
violation of this code.
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901.4.1 Availability of Certificate of Compliance. The current certificate of compliance shall be available for inspection
by the Code Official upon request. Further, a copy of the certificate
of compliance shall be supplied to the current occupant.
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901.5 Inspections.
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1.
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Prior to occupancy and prior to issuance of a certificate of
compliance, each residential rental dwelling unit shall be inspected
by the Code Official, and for such purpose and for any reinspection
required hereunder, the owner shall provide access to the Code Official.
A unit where inspection access is denied shall not be issued a certificate
of compliance until inspection access is provided. The inspection
necessary to obtain a certificate of compliance shall be limited to
the residential rental dwelling unit code sections identified on the
Rental Unit Inspection Checklist attached hereto and incorporated
herein as Appendix A.[3]
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2.
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All inspections conducted under the authority of this article
shall determine compliance with this chapter and all codes incorporated
therein.
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3.
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Inspections may also occur if an occupant files a complaint
in writing signed by the occupant at the Borough Office or with the
Code Official. The owner or owner's agent shall be notified of the
complaint and the owner or the owner's agent may be present for the
inspection. If no violation(s) of this code is found to exist by the
Code Official, the occupant who filed the complaint shall be responsible
for the cost of the inspection. If a violation of this code is found
by the Code Official in the course of the inspection, the owner or
owner's agent shall be responsible for the cost of the inspection.
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4.
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Reservation of the Right of Borough Inspection. Notwithstanding
the provisions above, the Borough reserves the right at any time to
inspect any premises to verify compliance with the provisions of the
part of any independent or government agency inspection, the Borough
inspection shall be made without charge. If, as a result of the Borough
inspection, violation of the provisions of this article are determined,
additional inspections necessitated by such noncompliance shall be
at the expense of the owner.
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901.5.1 Independent Inspectors. Any owner shall have the right to employ an independent inspector who is currently approved by the Borough as a qualified and certified inspector under the provisions of Chapter 200, Uniform Construction Codes, and as to any residential rental dwelling unit inspected and certified by said inspector as being in compliance with the provisions of this article, the Code Official shall issue a certificate of compliance dated as of said inspection.
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The Borough shall maintain a list of certified inspectors from
which owners may select. The issuance of a certificate of compliance
shall not be deemed, nor construed as, a representation, guaranty
or warranty of any kind by the Borough, or its officials, agents or
employees, and shall create no liability upon the Borough, its officials,
agents or employees.
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SECTION 902
OWNERSHIP
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902.1 Owner's Agent. Every owner who is not a full-time
resident of the Borough of Lemoyne, and/or who does not live or work
within 40 miles of the boundaries of the Borough of Lemoyne, shall
declare an owner's agent who shall reside or work in an area that
is within 40 miles from the Borough of Lemoyne. If the owner is a
corporation, an owner's agent shall be required if an officer of the
corporation does not reside or work within 40 mile of the Borough
of Lemoyne. If the owner is a partnership, an owner's agent shall
be required if a partner does not reside or work within 40 miles of
the Borough of Lemoyne. The owner's agent shall perform the same function
as a manager.
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The owner's agent shall be the agent of the owner for service
of process and receiving of notices and demands, as well as performing
all obligations of the owner under this article and under rental agreements
with occupants. The identity, address and telephone number(s) of the
owner's agent hereunder shall be provided by the owner to the Borough
and such information shall be kept current and updated as it changes.
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902.2 Transfer of ownership. If the ownership of
a registered residential rental dwelling unit is transferred, whether
it is legal or equitable (not including any equitable interest associated
with an agreement of sale for the subject property, unless such agreement
is a lease purchase agreement), the registration and certificate of
compliance shall be invalid on the date of transfer of ownership,
unless the new owner has submitted an application for registration
and a certificate of compliance within 10 days of the date of transfer,
in which case the property, if currently occupied, may continue to
be occupied; however, such occupancy shall be contingent upon the
new owner receiving a certificate of compliance in accordance with
this code. If the new owner fails to submit an application for registration
and certificate of compliance within 10 days of the date of transfer,
or the new owner does not receive a certificate of compliance in accordance
with this code, the property cannot be occupied as a rental property,
and any rental occupancy of the property is a violation of this code.
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902.3 Lease-purchase agreements. Any property that is being occupied and currently subject to a lease-purchase agreement between the occupants of the property and the owner of record, and which lease-purchase agreement is recorded in the Recorder's Office of Cumberland County, shall not be subject to the requirements of Chapter 9. The burden of proving a valid lease-purchase agreement under this section shall be on the owner or occupant claiming the exemption from the requirements of Chapter 9.
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SECTION 903
VIOLATIONS OF CHAPTER 9
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903.1 Occupancy without Certificate of Compliance or Registration. It shall be unlawful for any owner or owner's agent to allow a residential
rental dwelling unit to be occupied without being registered and holding
a valid certificate of compliance. Further, it shall be unlawful for
any owner or owner's agent to offer for rent, lease, or occupancy
unless the residential rental dwelling unit is currently registered
and holds a valid certificate of compliance.
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903.2 Penalties. A violation of Chapter 9 shall be subject to the penalties provisions of Section 106.4. Further, if an owner fails to pay any fees under this article including, but not limited to, those fees set forth under Section 901.6, then no certificate of compliance will be issued, and if a certificate of compliance had been previously issued, said certificate of compliance shall be revoked.
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The issuance of a certificate of compliance shall not be deemed,
nor construed as, a representation, guaranty or warranty of any kind
by the Borough, or its officials, agents or employees, and shall create
no liability upon or duty by the Borough, its officials, agents or
employees.
The issuance of a certificate of compliance shall not preclude
or otherwise affect the authority of the code official from the enforcement
of this or any other part of this code, or applicable statute, ordinance,
rule or regulation at any time.
[Added 8-10-2017 by Ord.
No. 746]
A.
Service
fee for failing to register rental property on time. When a property
is required to be registered as a "residential rental unit" as outlined
in this article and the owner fails to register the property and pay
the registration fee for the upcoming year by January 31 of that year,
the property registration shall be deemed to be late. The following
charges will be assessed against the property owner in addition to
the set registration fee:
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Payment Date
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Fee Per Unit
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February 1 to March 15
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$20
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March 16 to April 30
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$40
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After April 30
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$60
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B.
Notice
of violation and Quick Ticket procedures. In addition to other law
enforcement mechanisms available to the Borough under this code, the
Code Official is authorized to issue notice of violation notices for
violations under this section and "Quick Tickets" for violations of
this section when the notice of violation has not been acted upon
within 10 days of issuance. Fines for failure to register residential
rental units shall be payable by the owner within 15 days. Repeat
offenders shall be subject to additional penalties. Failure to pay
the Quick Ticket within 15 days may result in a summary citation being
issued through the Magisterial District Judge's office. Borough Council
shall approve the Quick Ticket forms and penalty amounts by resolution.
