[HISTORY: Adopted by the City Council of the City of Altoona 11-14-2018 by Ord. No. 5731. Amendments noted where applicable.]
It shall be unlawful for any person, firm or corporation to operate, let or rent to another for occupancy any residential rental unit in the City of Altoona unless a residential rental unit license has been issued by the Code Official.
Applications for license shall be made to the Code Official on forms furnished by said office, which applications shall include:
A. 
The name, address and telephone number of the owner, or the owner's authorized agent, and of the operator or person responsible. Every owner who is not a full-time resident of the City of Altoona and who does not reside within Blair County, Pennsylvania, shall designate an operator or person responsible who shall reside within Blair County, Pennsylvania.
B. 
The location of the structure by street and number.
C. 
The number of dwelling units available for occupancy at a single address, structure or premises.
D. 
Name of current tenant or tenants at the time of license renewal.
E. 
A copy of a photographic identification, including, but not limited to, a state-issued driver's license and/or federally issued passport.
F. 
Such other related information as the Code Official may reasonably require.
With respect to existing rentals requiring licenses as required by Section 570 hereof[1], all applications for permits shall be made on or before July 31 of each year.
[1]
Editor's Note: So in original.
A. 
The Code Official shall initially issue a conditional housing permit to the applicant.
B. 
The issuance of the conditional housing permit shall constitute consent for inspection of the subject rental premises by the Code Official.
C. 
The Code Official shall, within a reasonable time, conduct an inspection of the structure to determine compliance with this Code.
D. 
If the rental premises complies with this Code, the Code Official shall issue to the applicant a residential rental unit license.
E. 
Noncompliance.
(1) 
If the rental premises does not comply with the provisions of this Code, the Code Official shall proceed to enforce the provisions of said Code.
(2) 
In addition to the enforcement of all other remedies as set forth in this Code, noncompliance with orders and notices of the Code Official shall result in the revocation of the conditional housing permit and/or the residential rental license. In such event, the subject premises may not thereafter be rented to other persons, except that current tenants may continue to occupy such premises until their lease term expires or until other termination of tenancy; provided, further, that such premises have not been determined by the provisions of this Code to be unfit for human occupancy.
The Code Official's signature shall be attached to every permit or license, or the Code Official may authorize a subordinate to affix such signature thereto.
Conditional housing permits and residential rental unit license shall be renewed annually on or before the 31st day of July each year. No reduction shall be made for fractional yearly permits or licenses. The permit and license and inspection fees shall be established from time to time by resolution of City Council. In addition to any other fee provided herein, a reinspection fee shall be established by resolution of City Council from time to time and shall be assessed. Should the violation, unlawful act or unsafe condition continue past the initial reinspection, an additional reinspection fee shall be assessed on the fifth and 10th days thereafter in an amount as established by resolution of City Council from time to time. Should the violation, unlawful act or unsafe condition continue beyond the maximum number of reinspections, the City shall institute the appropriate proceeding at law. Reinspection fees must be paid in full within 30 days.
The conditional housing permit or residential rental unit license shall be posted in a conspicuous place in the owner's or operator's office or public hall in structures that contain five or more dwelling units. In all structures, the permit or license shall be accessible by the owner or operator to produce upon request of the Code Official. The intent is also served if the owner or operator does produce such permit within 24 hours of request. The issuance of a conditional housing permit or a residential rental unit license to an owner or operator of rental property shall constitute consent for inspection of the subject premises upon reasonable notice. The permit or license is and shall remain the property of the City of Altoona's Code Enforcement Department.
The terms and provisions of this chapter are not intended to bar, preclude, or affect the right of the owner to pursue judicial relief against a tenant for damage caused to a property or for which a tenant is legally responsible.
There shall be established by the Code Official rules and regulations for the implementation of this chapter. Such rules and regulations shall be reviewed and approved by City Council and be passed by resolution.
A. 
Terms defined in other codes. Where terms are defined in this chapter and are defined in the International Building Code, Pennsylvania Uniform Construction Code, International Fire Code, Zoning Code, International Plumbing Code, International Mechanical Code, ASME A17.1 or the ICC Electrical Code, such terms shall have the meanings ascribed to them in those codes.
B. 
General definitions.
CITY
The City of Altoona, Blair County, Pennsylvania.
CODE OFFICIAL
The individuals appointed to administer and enforce the provisions of the chapter.
OCCUPIED
Any building or structure shall be deemed to be occupied if one or more persons actually conducts a lawful business or resides in all or any part of the building as the licensed business-occupant or as the legal or equitable owner/occupant(s) or tenant(s) on a permanent, nontransient basis, or any combination of the same. For purposes of this section, evidence offered to prove that a building is so occupied may include, but shall not be limited to, the regular receipt of delivery of regular mail through the United States Postal Service; proof of continual telephone, electric, gas, heating, water and sewer services; a valid City business license, or the most recent federal, state, or City income tax statements indicating that the subject property is the official business or residence address of the person or business claiming occupancy; or proof of pre-rental inspection.
RESIDENTIAL RENTAL UNIT
A dwelling unit let for rent or any other than an owner-occupied residential unit or a premises or structure occupied by a person who is not the legal owner of record, regardless of familial relationship and/or regardless of whether rent is charged. A residential rental unit shall not include a hotel, motel or bed-and-breakfast. A residential rental unit shall include dwelling units under a written or unwritten lease, agreement or license or a recorded or unrecorded article of agreement or an agreement of contract for the sale of land of long-term (greater than six months) agreements of sale.
A. 
Authorization. The employees of the City Codes and Inspections Department, the City Police Department and the City Fire Department are authorized to administer and enforce the provisions of this chapter.
B. 
Revocation of conditional housing permit or residential rental license.
[Added 12-5-2022 by Ord. No. 5795[1]]
(1) 
Residential rental registration shall be revoked for the following:
(a) 
The owner of a residential rental unit does not provide the name and current mailing address for the owner, operator and responsible agent (if applicable).
(b) 
The owner does not remit the registration fee and required insurance and tenant documents by the July 31 deadline.
(c) 
The owner does not comply with the violations found during the rental inspection within the time frame specified in the notice of violation.
(d) 
The owner fails to appear for an inspection or a reinspection after three attempts to schedule.
(e) 
Any violation resulting in the City of Altoona abating the violation.
(f) 
Unpaid reinspection fees from Property Maintenance Code violations.
(g) 
Three or more Property Maintenance Code violations of the same nature occurring within a twelve-month period.
(2) 
Any owner or agent who has an interest in two or more licenses revoked pursuant to this section shall be ineligible to hold a residential rental unit license for a period of five years.
(3) 
Properties in revocation shall not be rented to other persons, except that the current tenants may continue to occupy such premises until their lease term expires or until termination of tenancy.
[1]
Editor's Note: This ordinance also redesignated former Subsections B through D as Subsections D through F, respectively.
C. 
Reinstatement of conditional housing permit or residential rental license.
[Added 12-5-2022 by Ord. No. 5795]
(1) 
A residential rental registration shall be reinstated if the owner of a residential rental unit corrects the reason for the revocation and has paid the residential rental registration reinstatement fee. The fee to reinstate a revoked conditional housing permit and/or a residential rental license shall be per residential rental unit at a rate established by City Council by separate resolution.
D. 
Prosecution of violation. Any person failing to comply with any requirement of this chapter, including but not limited to a notice of violation or order served pursuant to the procedure set forth in Chapter 550 of the Code entitled "Property Maintenance" shall be deemed guilty of a of a summary offense. If the notice of violation is not complied with, the City shall institute the appropriate proceeding 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 or the provisions of this code or of the order or direction made pursuant thereto. Any action taken by the authority having jurisdiction on such premises shall be charged against the real estate upon which the structure and/or violation is located and shall be a lien upon such real estate.
E. 
Violation penalties. Any person who shall violate a provision of this chapter, or fail to comply therewith or with any of the requirements thereof, shall, upon conviction thereof in a summary proceeding before a Magisterial District Judge, be sentenced to pay not less than $300 nor more than $1,000 together with the costs of prosecution and any fee or fees or be imprisoned for a period not to exceed 90 days, or both. Each day that a violation continues shall be deemed a separate offense.
F. 
Application for appeal. Any person directly affected by a decision of the City or a notice or order issued under this chapter shall have the right to appeal to the Board of Appeals, provided that a written application for appeal is filed within 10 days after the day the decision, notice or order was served. An application for appeal shall be based on a claim that the true intent of this chapter or the rules adopted thereunder have been incorrectly interpreted, the provisions of this chapter to not fully apply, or the requirements of the chapter are adequately satisfied by other means.