[Ord. No. 334, 3/8/2010]
The following words, when used in this Part 1A, shall have the
meanings ascribed to them in this section, except where the context
clearly indicates or requires a different meaning.
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.
Person or persons who has or have the use of real estate
of a landlord and is or are responsible for the giving of any type
of consideration therefore, but excluding those who are tenants for
a period of less than 30 days.
[Ord. No. 334, 3/8/2010]
All landlords within 30 days after the effective date of this
Part, 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 therefore, as the case
may be, shall report to the Borough Secretary in writing, addressed
to him/her at the municipal building located at 14 S. Market Street,
Elizabethville, Pennsylvania, during regular business hours, 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 said parcels or units
and the names of its tenants at the time of such report, together
with a designation as to which unit or parcel is occupied by each.
[Ord. No. 334, 3/8/2010]
Any change in the occupancy of real estate rented or leased to in the identity of the tenants from that shown in the report of the landlord, as required in § 11-102, shall be reported by the landlord to the Borough Secretary within 10 days after such change. It is intended hereby that landlords shall report a new tenant or a tenant who rents or leases a different unit or parcel of real estate and when a unit or parcel of their real estate becomes vacant.
[Ord. No. 334, 3/8/2010]
The Borough Secretary may require the landlords to complete
the "Status of Occupancy Report Form," which is attached to this Part
as Exhibit A and may require the information set forth above and such
other pertinent information that the Borough Council, by resolution,
may direct the Borough Secretary to incorporate into said report form.
The failure to have such report forms or make such forms available,
however, shall not excuse the obligation of landlords to provide the
information required herein.
[Ord. No. 334, 3/8/2010]
Any landlord violating any of the provisions of this Part 1A
or who furnishes false information to the Borough or who uses a false
name or address in any report required by this Part, upon conviction
thereof before any magisterial district judge, shall be sentenced,
to, pay a fine of not more than $1,000 plus costs and, in default
of payment of said fine and costs, to a term of imprisonment not to
exceed 30 days. Each day that a violation of this Part continues shall
constitute a separate offense.
[Ord. No. 334, 3/8/2010]
This Part 1B shall be known as the "Residential Rental Unit
Registration and Inspection Law."
[Ord. No. 334, 3/8/2010]
As used in this Part 1B, the following words shall have the
following meanings, unless the context clearly indicates otherwise:
Any person, corporation, copartnership, association or fiduciary
who or which, for monetary consideration, aids in the rental of property
as defined herein. When used in Part 1B in a clause proscribing any
activity or imposing a penalty, the term, as applied to partnerships
and associations, shall mean each partner and, as applied to corporations,
the officers thereof.
Any person, agent, operator, firm, corporation, partnership,
association, property management group, housing authority or fiduciary
having legal, equitable or other interest in any real property, or
recorded in the official records of the state, county or municipality
as holding title to the 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 Part 1B in a clause proscribing any activity or imposing
a penalty, the term, as applied to partnerships and associations,
shall mean each partner and, as applied to corporation, the officers
thereof.
The distinct registration number assigned by the code enforcement
office to a residential rental unit.
[1]
Editor's Note: Copies of the International Property Maintenance
Code are on file in the Borough offices.
[Ord. No. 334, 3/8/2010]
1.
No owner or agent shall own or operate a residential rental unit
unless and until a current registration license, for each specific
unit and use thereof, has been issued to the owner or agent by the
Borough Secretary.
2.
The registration license required by Subsection 1 shall be valid for the calendar year for which it is issued or, if issued during the calendar year, for the remainder of such calendar year. The license shall be renewable for successive calendar years when the licensed premises complies with the codes and all other applicable regulations. The license shall not be transferable and may be revoked, at any time, for noncompliance with the Codes or any other applicable regulations.
3.
Every owner or agent owning or operating any building requiring a license under Subsection 1 shall, on or before January 31 of each year, register such building and all such residential rental units with the Borough on forms provided by the Borough.
4.
Any owner or agent who transfers legal title to and/or operational control over any building and/or residential unit, requiring a license under Subsection 1 shall give notice of such transfer, in writing, to the Borough Secretary within 14 business days after having transferred ownership of or operational control over such building and/or residential rental unit.
5.
Failure to register the residential rental units with the Borough
within 90 days of the effective date of this Part 1B or within 30
days following the purchase or conversion of a structure to a rental
property may constitute a violation of this Part 1B.
6.
If dwelling is no longer utilized as a residential rental unit, the
owner or agent shall notify the Borough of this change.
[Ord. No. 334, 3/8/2010]
No residential rental unit shall be occupied by other than the
owner thereof unless a registration license has been obtained and
a certificate of compliance, as required by the provisions of this
Part 1B, is displayed at the structure in which the residential rental
unit is located.
[Ord. No. 334, 3/8/2010]
1.
Each residential rental unit shall be inspected by the Borough designee
at least one time in every twenty-four-month period, and, for such
purposes and for any re-inspection required hereunder, the owner shall
upon proper notice provide access to Borough representatives.
A.
As for any residential rental unit unoccupied or occupied by the
owner on or after the effective date hereof, a certificate of compliance
shall be issued and displayed prior to occupancy of such residential
rental unit by anyone other than the owner and subsequent inspections
shall occur as set forth in Subsection 1B.
B.
As for any residential rental unit occupied by other than the owner
as of the effective date hereof and for all subsequent inspections,
inspections required by this Part 1B shall be completed and the certificate
of compliance issued and displayed not later than December 31 of the
year for which inspection is required. In no event shall such an inspection
be conducted prior to January 1 of the year for which inspection is
required.
C.
When a certificate of compliance has been issued prior to a residential
rental unit being occupied other than by the owner, said residential
rental unit shall not be subject to re-inspection under the terms
of this Part 1B prior to the first applicable calendar year occurring
after the calendar year subsequent to issuance of the initial certificate
of compliance.
2.
This inspection shall be for the purpose of determining compliance
with the provisions of the Codes incorporated in and attached to this
Part.
3.
Failure of the owner to permit access, after reasonable notice, to
conduct such inspection shall be deemed a violation of this Part 1B.
[Ord. No. 334, 3/8/2010]
If the inspection of the residential rental unit disclosed no
codes violations, the Borough designee shall issue a certificate of
compliance to the owner within 14 days of the inspection.
[Ord. No. 334, 3/8/2010]
1.
If the inspection of a residential rental unit discloses codes violations,
the Borough designee shall issue a certificate of noncompliance within
14 days of said inspection. The certificate of noncompliance shall
set forth the following:
A.
The street address or appropriate description of the subject property.
B.
The date of inspection.
C.
The identity of the inspector.
D.
A list of the codes violations.
E.
The number of days in which the owner is to accomplish repairs, including
a provision allowing for a reasonable time extension upon the owner's
showing of good faith compliance to the satisfaction of the Borough
designee.
F.
Notice that, if the conditions are not repaired within the time specified,
the residential rental unit may be placarded as unfit for human occupancy.
[Ord. No. 334, 3/8/2010]
1.
Upon the expiration of the time specified to accomplish repairs or
upon notice from the owner that the repairs have been accomplished,
whichever occurs first, the Borough designee shall re-inspect the
subject residential rental unit.
[Ord. No. 334, 3/8/2010]
Upon application for a certificate of compliance and the payment to the Borough of a fee in an amount as established from time to time by resolution of Borough Council, the Borough designee shall review the pertinent Borough records and inspect the subject premises in accordance with § 11-116 of this Part 1B. All inspection fees shall be paid prior to the inspection regardless of the number of units. Failure to pay inspection fees shall be deemed a failure and/or refusal to comply with the provisions contained herein, and will be subject to the penalty contained in § 11-114 of this Part 1B.
[Ord. No. 334, 3/8/2010]
In Section 302.4 of the General Requirements of the Code, the
height of weeds and plant growth shall not exceed six inches.
[Ord. No. 334, 3/8/2010]
The issuance of a certificate of compliance is not a representation
by the borough that the residential rental unit and/or building in
which it is located is in compliance with the fire prevention, building,
mechanical, property maintenance, electrical or plumbing codes. The
issuance of a certificate of compliance indicates that the residential
rental unit did not have any obvious and visible dangerous conditions
as of the date of the inspection. However, neither the enactment of
this Part 1B nor the issuance of a certificate of compliance shall
impose any liability upon the Borough for any errors or omissions
which resulted in the issuance of such certificate, nor shall the
Borough bear any liability not otherwise imposed by law.
[Ord. No. 334, 3/8/2010]
The owner of a residential rental unit aggrieved by a decision
of the Borough designee may, within 30 days or the time fixed for
repair, whichever is shorter, appeal the decision to the Elizabethville
Borough Council.
[Ord. No. 334, 3/8/2010]
Nothing in this Part 1B shall preclude or prohibit the Borough
designee from identifying any violations of the fire prevention, building,
mechanical, property maintenance, electrical or plumbing codes which
exist and noting the same on any inspection report.
[Ord. No. 334, 3/8/2010]
Appropriate Borough officials are authorized and directed to
take such actions as are necessary to effectuate this Part 1B.
[Ord. No. 334, 3/8/2010]
1.
Any owner or agent who has violated or permitted the violation of
this Part 1B shall be subject to the following penalties:
A.
For first violation, upon conviction thereof, to a fine of not more
than $1,000 plus costs: and, in default of payment of said fine and
costs, to a term of imprisonment not to exceed 30 days.
2.
Each violation of this Part 1B and each day the same is continued
shall be deemed a separate offense. A separate violation shall exist
for each unregistered or uncertified residential rental unit and be
deemed a separate offense.
3.
In addition to the placarding of the premises, rent withholding and
other civil remedies available to the Borough, the Borough may seek
the enforcement of any order for corrections from the Court of Common
Pleas of Dauphin County.
