[HISTORY: Adopted by the Borough Council of the Borough of
Royersford as indicated in article histories. Amendments noted where
applicable.]
[Adopted 3-28-2017 by Ord. No. 889 (Ch. 11, Part 2, of the 1990 Borough
Code of Ordinances)]
The purpose of this article and the policy of the Council of
Royersford Borough shall be to protect and promote the public health,
safety and welfare of its residents relating to the owners and occupants
of certain residential rental units within the Borough and to encourage
owners to maintain and improve the conditions of rental housing within
the Borough, through an ordinance to register, inspect and permit
residential rental units.
This article is enacted under the authority of the Borough Code
of Pennsylvania, specifically Sections 1202(4), (5) and (15).[1]
[1]
Editor's Note: See 8 Pa.C.S.A. § 1202(4), (5)
and (15).
A.
Registration. The owner(s) of each residential rental property subject
to this article shall register any rental property containing residential
rental units with the Royersford Borough Code Enforcement Office.
Rental registration fees for properties shall be established by Borough
Council from time to time by resolution. For newly created residential
rental units, registration shall occur prior to any occupancy.
B.
Inspection. No person shall let to another for occupancy any dwelling or dwelling unit unless he/she first registers the residential property and, thereafter, schedules an inspection of the residential rental property with the Royersford Borough Code Enforcement Officer. Following the inspection and prior to issuing a life safety certificate, the Code Enforcement Officer shall inspect and determine that the residential rental unit meets or exceeds the minimum standards required, as more specifically described in § 371-11, Minimum standards per dwelling unit; checklist, below. Exception: Inspections shall not be required for apartment complexes (defined as a building or group of apartment buildings consisting of 10 or more rental units under the same ownership).
Registration forms shall be available in Borough Hall. Information
required to be submitted shall include but not be limited to the following:
A.
Name, address, telephone number and e-mail address of property owner;
B.
Address and location of residential rental unit or units;
C.
Name, address and telephone number of rental agent (if applicable);
D.
Number of residential rental units located in the rental;
E.
Identification and description of each residential rental unit;
F.
Name, address, and phone number of each tenant/occupant.
A.
Registration shall be deemed complete when the owner has submitted the information required in § 371-5, Information to be provided on rental registration, above to the Borough Code Enforcement Officer. The Code Enforcement Office shall issue a certificate of registration evidencing said registration of the rental property so long as the rental registration identifies all residential rental units within a residential rental property.
B.
Once a residential rental property is registered with the Code Enforcement
Office, a subsequent registration is required only when there is a
change in tenancy or ownership.
No person shall let to another for occupancy any dwelling or
dwelling unit unless he/she first registers the residential rental
property and, thereafter, applies for and obtains a life safety certificate
issued by the Code Enforcement Officer. Permits for rental dwellings
and dwelling units shall require renewal every three years and not
in the case of a change in tenancy.
Rental dwelling and dwelling unit permits shall be issued according
to the inspection schedule of the Code Enforcement Officer and shall
continue in effect for three calendar years from the date the certificate
is issued. Upon the expiration of any dwelling unit certificate, a
new inspection and certificate shall be required for the ensuing period
of three years.
Any life safety certificate and/or registration issued under
the provisions of this article shall terminate upon the transfer of
ownership of the rental property. Thereafter, the new owners shall,
within 30 days, register the new residential rental property, schedule
an inspection, and apply for a new life safety certificate for each
residential rental unit. Thereafter, an inspection shall be performed
by the Code Enforcement Officer.
A.
The Code Enforcement Officer shall charge every person, firm or corporation
owning a rental unit within the Borough of Royersford, before making
such inspections as will be necessary for the issuance or renewal
of a certificate, an inspection fee, to be determined from time to
time by resolution, which shall defray the expense of and compensate
the Code Enforcement Officer for his/her time in conducting such inspections.
B.
The fees as authorized by this section are to be revenue-neutral
to the Borough and only defray authorized administrative expenses.
At the time of inspection and prior to issuing a life safety
certificate, the Code Enforcement Officer shall inspect and determine
that each residential rental unit meets or exceeds the standards set
forth in the rental residential unit Property Maintenance Checklist,
which is attached hereto and incorporated herein, marked as Exhibit
A,[1] and described in § 371-12, Rules and regulations, below.
[1]
Editor's Note: Exhibit A is included as an attachment to this chapter.
The Council of the Borough of Royersford may implement and adopt
rules and regulations necessary to implement this article, so long
as they are not inconsistent with any provisions of this article or
are not otherwise prohibited by law.
The Code Enforcement Officer is authorized and directed to make
inspections to determine the conditions of the dwelling, dwelling
unit, and premises offered for rent within the Borough of Royersford,
under the scope of this article, in order to safeguard the health
and safety of the occupants thereof and the general public. He/she
is further authorized to enter (by way of appointment or other manner
provided in this article) for purposes of examining and surveying
all of the habitable premises at a reasonable time to guarantee compliance
with the requirements of Exhibit A.[1] Each occupant of such premises or operator in charge thereof
shall extend to the Code Enforcement Officer access to such premises
for the purpose of making any inspection, examination or survey. The
Code Enforcement Officer may reinspect any property for which a life
safety certificate has been issued upon receiving complaints from
the tenant or any third party or when reinspection is necessary, when
said premises is not in compliance with Exhibit A.
[1]
Editor's Note: Exhibit A is included as an attachment to this chapter.
Entry to premises shall be authorized:
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
Any person, firm or corporation who shall violate any provision
of this article shall, upon conviction thereof, be subject to a fine
of not more than $1,000 and, in default of the payment of the fine
or penalty imposed and the costs, the defendant may be sentenced and
committed to the county correctional facility for a period not exceeding
30 days. Each day that a violation continues shall be deemed a separate
offense.
A property owner who has received notice for violation of this
article may, in addition to any remedies available under the law,
appeal to Borough Council within 30 days of receiving the notice.
Should any section, paragraph, sentence, clause, phrase or wording
of this article be declared unconstitutional or invalid for any reason,
the remainder of this article shall not be affected thereby and shall
remain in full force and effect, and for this reason the provisions
of this article shall be severable.
All ordinances or parts of ordinances which clearly are inconsistent
with this article are hereby repealed to the extent of such inconsistency.
This article shall become effective in accordance with the provisions
of the Borough Code.
