A.
No person shall rent any structure or part of a structure which contains
a dwelling unit, even where there is only one such dwelling unit and
that dwelling unit is occupied by the owner, unless the owner has
not less than 15 days prior to the rental thereof registered with
the Borough Secretary as more fully provided for hereinafter and obtained
a certificate of registration issued on behalf of the Borough of Pine
Grove.
B.
No person shall commence to rent or continue to rent any structure
or part of a structure which contains a dwelling unit, even where
there is only one such dwelling unit and that dwelling unit is owner
occupied, unless that person shall have a currently valid certificate
of inspection issued on behalf of the Borough of Pine Grove. Such
a certificate of inspection shall be obtained before any rental is
commenced (or any rental is continued on and after the effective date
of this chapter) not more than each 12 months based on an inspection
to ensure compliance with the provisions of this chapter by the inspector.
A.
The Borough Secretary shall issue a certificate of registration on behalf of the Borough only after a person has completed the registration procedure provided for in § 150-8 of this chapter.
B.
The Fire Marshal shall issue a certificate of inspection valid for
a period of not more than 12 months nor less than six months (it shall
be initially at the discretion of the inspector to issue permits for
varying lengths of time so that future inspections can be spaced throughout
the period of a full year; and, after initial inspection, the inspector
may, based on the potential fire hazards which exist in and about
the structure, issue certificates, based on sound discretion, for
periods of either six months, one year, or 18 months) to a person
only after having thoroughly inspected the premises to ensure that
the dwelling unit and structure are in compliance with the provisions
of this chapter; and, the period of validity of such certificate of
inspection shall be based on the degree of compliance with this chapter
and the general potential for fire and damage or injury should fire
occur which exist.
An application for registration hereunder shall be made, in
writing, to the Borough Secretary on forms supplied by the Borough.
Such application shall contain at least the following:
A.
Name and address of applicant.
B.
Location of the property which is or will be rented.
C.
The number of dwelling units contained in the structure or structures
on the property.
D.
Where one or more of the dwelling units is to be owner occupied a
brief description of the location and demise of such dwelling unit
with enough detail so that it can easily be identified.
E.
The minimum and maximum number of persons who are or may occupy each
dwelling unit which is not owner occupied; and, where such range of
occupancy varies a brief description sufficient enough to allow location
and identification of each type of dwelling unit based on the proposed
occupancy.
F.
A statement that the inspector has been or will be contacted and
arrangements have been or will be made for an initial inspection.
G.
A statement that the provisions of this chapter are understood and
shall be complied with.
A.
Exemption from inspection shall be all owner occupied, single family
houses which are located more than 20 feet from all other structures,
except structures which are on the property of the owner and which
are structures supportive of the residential use of the primary structure,
provided that such additional structures which are less than 20 feet
from the single family house are themselves more than 20 feet from
any other structures whether such other structures are on the property
of the owner or on the property of another.
B.
The inspector shall within 15 days of a certificate of registration
having been issued initially inspect all structures and premises on
any property which is not otherwise exempt from inspection. [Except,
where a certificate of registration has been issued between the time
of enactment of this chapter and 180 days following its enactment
inspection can be made more than 15 days after a certificate of registration
has been issued, provided such inspection is completed not later than
the 180th day next following the enactment of this chapter.]
C.
The inspector shall not later than 15 days prior to the expiration
of any certificate of inspection again inspect the premises to ensure
compliance with the provisions of this chapter.
D.
Upon inspection, if the inspector discovers that there are any violations of any provisions of this chapter or that there has been a false statement in the application of registration, the inspector shall refuse to issue a certificate of inspection, report such fact to the Borough Council for whatever action is considered necessary, and provide notice as set forth in § 150-11A hereof.
E.
Upon inspection, if the inspector finds the property in compliance,
he shall issue a certificate of inspection for a period of six months,
or 12 months, based on his determination of potential for fire or
the potential for damage or injury from fire which exists on the premises.
F.
At any time, whether or not a certificate of registration has previously been issued, whether or not the premises have previously been inspected, and whether or not the premises are subject to registration, where there is reason to believe that there is any noncompliance with any provision of this chapter, any property which is not exempt from inspections as provided for in Subsection A of this section shall be subject to inspection. For these purposes, failure to have obtained a certificate of registration, a certificate of inspection, or both shall be presumed to be a sufficient basis for inspection.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
A.
Application for a certificate of registration shall be accompanied
by a fee, payable to the Borough of Pine Grove in an amount established
from time to time by resolution of the Borough Council.
B.
Application for an amendment of registration shall be accompanied
by a fee, payable to the Borough of Pine Grove in an amount established
from time to time by resolution of the Borough Council.
C.
Within 30 days after having been issued a certificate of inspection,
a fee, payable to the Borough of Pine Grove, in the amount computed
from the following schedule as shown on the certificate of inspection,
shall be due:
(1)
Inspection fee, for each inspection necessary prior to the issuance
of a valid certificate: in an amount established from time to time
by resolution of the Borough Council.
(2)
Inspection fee, for each renewal subsequent to the issuance of the
initial certificate of inspection: in an amount established from time
to time by resolution of the Borough Council.
A.
Notice. Whenever the inspector determines there are reasonable grounds
that there is a violation of any provision of this chapter or that
false information was included in the application for registration,
he shall give notice of such alleged violation. Such notice shall
be in writing; include a statement of the reason for the issuance
of such notice; allow a reasonable time for the performance of any
act required to amend the violation, which shall include in the case
of false information in the application for registration a reapplication
to amend the registration; contain a statement that the party served
is entitled to hearing; be served upon the owner of the property where
the violation exists, or on such owner's agent; provided however,
that such notice shall be deemed to have been properly served upon
such owner or agent when a copy thereof has been served personally
or by any other method authorized or required by law of the Commonwealth,
including mailing to the address given for the owner in his application
for registration; and be also provided to the Borough Council or an
authorized committee thereof.
B.
Hearings. Any person affected by any notice which has been issued
in connection with the enforcement of any provision of this chapter,
or of any regulation adopted pursuant thereto, may request and shall
be granted a hearing of the matter before the Pine Grove Borough Council,
or an authorized committee thereof, provided that such person shall
file with the Borough Secretary a written petition requesting such
hearing and setting forth a brief statement of the grounds therefore
within 15 days after the notice was served. The hearing shall be commenced
not later than 10 days after the day on which the petition was filed;
provided that upon application of the petitioner, the Borough Secretary
may continue the date of the hearing for a reasonable time beyond
such 10 days period when in her judgment, the petitioner has submitted
good and sufficient reasons for such continuance; and, further provided
that in no event shall said hearing be continued to a date more than
30 days after notice. At such hearing the petitioner shall be given
an opportunity to be heard and to show why such notice should be modified
or withdrawn.
C.
Findings and order. After such hearing as above provided for, the Borough Council, or an authorized committee thereof, shall make findings as to compliance with the provisions of this chapter and regulations issued thereunder and shall issue an order in writing, sustaining, modifying, or withdrawing the notice which order shall be served as provided for notices in § 150-11A.
D.
Record and appeals. The proceedings at such a hearing, including the findings and decision, provided for in § 150-11C, and together with a copy of every notice and order related thereto shall be entered as a matter of public record in the Borough but the transcript of the proceedings, if any, need not be transcribed unless judicial review of the decision is sought as provided by this section. Any person aggrieved by a decision of the Borough hereunder, may seek relief therefrom as provided by the laws of this Commonwealth.
E.
Violations and penalties.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
(1)
Violations of this chapter shall be punishable for each offense by
a fine of not less than $25 nor more than $1,000, plus costs of prosecution,
and, in default of payment of such fine and costs, by imprisonment
for not more than 30 days.
(2)
Each day during which such violation of this chapter continues shall
constitute a separate offense.
(3)
In addition to the above penalties all other actions are hereby reserved
including an action in equity for the proper enforcement of this chapter.
(4)
The imposition of a fine or penalty for any violation of, or noncompliance
or permit it to continue, and all such persons shall be required to
correct or remedy such violation and noncompliance within a reasonable
time.
A.
Any person aggrieved by an action or decision of the inspector or the Borough Secretary, or by any requirement of this chapter, may petition, in writing, the Borough Council, or an authorized committee thereof, for a hearing, within 30 days after the decision or action according to the procedures in § 150-11.
B.
Any person aggrieved by any decision of the Pine Grove Borough Council,
or any authorized committee thereof, may seek relief therefrom, within
30 days of notice of such decision, as provided by the Rules of Court
and Laws of the Commonwealth of Pennsylvania.
A.
This Borough, from time to time, in accordance with law, by appropriate
ordinance or resolution, may adopt such additional rules and regulations
as, in the opinion of the Council of this Borough, may be desirable,
beneficial or necessary for or in connection with administration of
permits hereunder or based upon new developments.
B.
Any such rules and regulations shall be construed in conjunction
with provisions hereof and shall become effective upon the date fixed
by this Borough upon adoption thereof.
