[Adopted 8-21-2018 by Ord. No. 862]
The purpose of this article and the policy of the Borough of
Clifton Heights shall be to protect and promote the public health,
safety and welfare of its citizens, to establish rights and obligations
of owners and occupants relating to residential and commercial rental
units in the Borough and to encourage owners and occupants to maintain
and improve the quality of rental units within the community. As a
means to these ends, this article provides for a regular inspection
program, registration and licensing of residential and commercial
rental units and penalties for noncompliance.
The following words and phrases, as used in this article, shall
have the meanings ascribed to them in this section, unless the context
indicates a different meaning. Where terms are not defined in this
section, such terms shall have ordinarily accepted meanings as interpreted
by the Code Enforcement Officer by use of definitions provided in
the codes and standards as contained in the Ordinances of the Borough
of Clifton Heights.
Buildings and structures of an accessory character and miscellaneous
structures not classified in any specific occupancy shall be constructed,
equipped and maintained to conform to the requirements of this article
commensurate with the fire and life hazard incidental to their occupancy.
Occupancies shall include all such occupancies as listed and defined
in the Municipal Building Code and Zoning Code as adopted in the Ordinances
of Clifton Heights Borough.
A person who shall have charge, care or control of any structure
as owner, or agent of the owner, or as executor, executrix, administrator,
trustee or guardian of the estate of the owner. Any such person representing
the actual owner shall be bound to comply with the provisions of this
article to the same extent as if that person was the owner.
The owner, buyer or agent thereof, such as but not limited
to a realtor, broker, etc., who shall have control, authority and
responsibility for the orderly processing of any property regulated
by this article.
A building arranged or used for lodging, with or without
meals, and not occupied as a single-family unit.
The Borough of Clifton Heights.
The official Code book of the Borough of Clifton Heights
and shall contain all the local, legally binding codes, standards
and ordinances governing the Borough.
Any code or ordinance adopted, enacted and/or in effect in
the Borough of Clifton Heights concerning fitness for habitation or
the construction, maintenance, operation, occupancy, use or appearance
of any buildings, structures and/or lots of ground regulated by this
article.
The department charged with the enforcement of the Borough
Code for the Borough of Clifton Heights.
The Code Enforcement Officer or person designated by him/her
charged with the administration and enforcement of this article.
Includes, among others, buildings and structures, or a portion
thereof, for the display and sale of merchandise and involves stocks
of goods, wares or merchandise incidental to such purposes and accessible
to the public. Commercial occupancies shall include all such occupancies
as listed and defined in the Municipal Building Code and Zoning Code
as adopted in the Ordinances of Clifton Heights Borough.
Space which is not a part of the rental unit and which is
shared with other occupants of a rental unit, whether they reside
in the rental unit or not. Common areas shall be considered part of
the premises for the purpose of this article.
Includes, among others, the use of a building or structure,
or a portion thereof, that involves the manufacturing, processing,
generation or storage of materials that constitute a physical or health
hazard due to the quantities of the material and shall include all
such occupancies as listed and defined in the Municipal Building Code
as adopted in the Ordinances of Clifton Heights Borough.
Includes all such occupancies as listed and defined in the
Municipal Building Code and Zoning Code as adopted in the Ordinances
of Clifton Heights Borough.
A building, or portion thereof, containing more than two
dwelling units.
A building, or portion thereof containing two or more dwelling
units and not meeting the requirements of multiple single-family dwellings.
The purpose for which a building, or portion thereof, is
used.
Any person, agent, operator, firm or corporation having a
legal or equitable interest in the property, including the guardian
of the estate of any person or the executor or administrator of the
estate of such person if ordered to take possession of real property
by the court.
Areas or portions of a rental property that are used or occupied
primarily by the property owner.
A lot, plot or parcel of land, including any structures thereon.
Shall also be referred to as a "property."
The person listed as the owner of such real estate property
as named on any title, deed, Delaware County tax records or Clifton
Heights Borough tax records.
A system approved by the Code Enforcement Officer or the
Fire Marshal that provides emergency access to the Fire Department
only in the event of a fire, rescue or other potentially life- or
property-threatening situation. The system consists of a rapid entry
key box and/or a rapid entry padlock. The system is not to be used
for any unlawful entry to the property or for the purpose of performing
inspections without proper consent unless the property owner or local
agent is present and consents to such inspection or unless a legal
search warrant has been issued.
A legal agreement between the owner and tenant embodying
the terms and conditions concerning the use and occupancy of the rental
unit.
A document issued by the Borough Code Department to the owner
of a rental unit under this article which is required for the lawful
rental and occupancy of any rental dwelling, buildings or structures.
A premises, property or portion thereof, that is under a
rental agreement and/or contains one or more rental units.
A document issued by the Borough Code Department to the owner
of a rental unit evidencing the existence of said rental unit. This
registration shall be required until the Code Officer inspects the
unit and issues a rental license for each rental unit.
Any dwelling, structure, building, ground or portion thereof
that is occupied or used, under an individual rental agreement with
a tenant.
A premises containing a combination of residential and commercial
occupancies approved for operation in accordance to the Ordinances
of the Borough of Clifton Heights.
Residential includes, among others, the use of a building
or structure, or a portion thereof, for sleeping accommodations, including
structures in the following zoning districts: R-1, R-2, R-3, and RCZ.
A building, which has a dwelling unit, occupied by the owner
and which has accommodations for not more than three roomers.
Real property designed and used for the purpose of renting
or leasing individual storage spaces to customers for the purpose
of storing and removing personal property on a self-service basis.
A building on a lot designed and occupied exclusively as
a residence for one family.
Rooms in which people sleep, such as dormitory and hotel
or motel guest rooms or suites.
Storage occupancies shall include all such occupancies as
listed and defined in the Municipal Building Code and Zoning Code
as adopted in the Ordinances of Clifton Heights Borough.
Any individual or individuals that are named on a legal agreement,
such as a rental agreement with the property owner, in which permission
to use a dwelling, structure, building, ground or portion thereof
is granted by the owner to the tenant. Tenant shall further imply
to include other individuals that, due to a relationship with the
tenant, shall share such use of the rental unit as allowed for by
the rental agreement and are not covered under a separate rental agreement.
A building on a lot designed and occupied exclusively as
a residence for two families living independently of one another.
The owner of each rental property shall register the rental
property with the Code Department and shall pay the required fees.
Fees shall not be prorated for any reason. Registration forms shall
be available in the Code Department office. Information required to
be submitted shall include, but not be limited to, the following:
A.Â
The names, addresses and a phone number of all owners of the premises.
B.Â
The name, local address and telephone numbers (business, home, cell
and pager, if available) of the local agent, if different from the
owner.
C.Â
The address of the premises.
D.Â
The type of premises.
E.Â
The number of rental units in each building on the premises.
F.Â
Emergency contractors list. The applicant shall provide a list of
contractors who are available to respond to emergencies involving
general construction, roofing, plumbing, heating and electrical incidents
24 hours per day, 365 days per year. These contractors must be licensed
and approved to work in the Borough of Clifton Heights.
G.Â
Designation of local agent.
(1)Â
No rental registration or rental license shall be issued unless there
is provided to the Code Department the name, mailing address, actual
street address and telephone number of a designated responsible agent
residing on the premises or within 10 miles of the Borough. The agent
shall provide access to the premises for the purpose of making inspections
necessary to ensure such compliance with this article. They shall
have access to all areas of the premises. They shall provide access
to the premises for emergency personnel during any fires or medical
emergencies.
(2)Â
Exception. The local agent referred to in this section may reside
more than 10 miles and up to 50 miles from the Borough of Clifton
Heights if the owner provides a rapid entry key system as approved
by the Code Department.
(3)Â
The owner may serve as the local agent if the owner complies with
this section.
(4)Â
The Code Enforcement Officer will be responsible for determining
whether a proposed local agent satisfies the requirements of this
section.
(5)Â
It shall be the duty of the owner of a rental unit to notify the
Code Enforcement Officer of any change in the identity of the local
agent within not more than 15 calendar days of the change.
H.Â
Biannual submittal of emergency occupancy list. For each rental unit, the property owner shall submit the name of each lessee, including the apartment/unit numbers. The emergency occupants list shall be submitted with each license renewal in accordance with § 250-47 of this article.
I.Â
Written certification from a Pennsylvania-licensed architect or Pennsylvania-licensed
engineer that states that each unit complies with all of the provisions
of applicable laws, regulations and codes. If a unit does not comply
with all applicable laws, regulations and codes, the certification
from a Pennsylvania-registered and -licensed architect or engineer
shall specify the manner and laws, regulations and codes with which
each unit fails to comply. In lieu of a certification by a Pennsylvania-registered
and -licensed architect or engineer, an inspection may be conducted,
at the request of the owner, by the Borough Code Enforcement Officer
to ascertain compliance with this article and all applicable laws,
regulations and codes, in accordance with the applicable fee schedule.
J.Â
Registration shall be deemed complete when the owner has submitted
the information required and received a registration certificate.
Upon completed registration of the rental unit, the owner or
agent shall immediately arrange with the Code Department for a rental
license inspection. The Code Enforcement Officer shall fully inspect
each registered rental unit. It shall be unlawful for the owner of
any premises or any agent acting for such an owner to operate, rent
or lease any premises or any part thereof, whether granted or rented
for profit or nonprofit, or to represent to the general public that
a premises or any part thereof is for rent, lease or occupancy without
first acquiring one of the below-approved licenses issued by the Code
Department in the name of the owner, local agent or operator and for
the specific rental unit. Fees for rental licenses shall be set by
periodic resolution of Borough Council.
A.Â
B.Â
A license must be secured for each rental unit.
C.Â
Residential and commercially mixed occupancies. A separate rental
license and appropriate fees must be secured for each rental occupancy
type contained in a mixed-occupancy building.
D.Â
Owner occupying portions of rental properties. Written certification
from a Pennsylvania-licensed architect or licensed engineer that states
that the owner-occupied portion of a rental property complies with
all of the provisions of applicable laws, regulations and codes shall
be provided to the Borough. In lieu of a certification by a Pennsylvania-registered
and -licensed architect or engineer, an inspection may be conducted,
at the request of the owner, by the Borough Code Enforcement Officer
to ascertain compliance with this article and all applicable laws,
regulations and codes, in accordance with the applicable fee schedule
of the owner-occupied portion of any rental property.
E.Â
Any applicant that is unable to correct violations within the time
frame determined by the Code Enforcement Officer may be issued a provisional
rental license at the discretion of the Code Department. Otherwise,
a rental registration shall only be valid for 90 days, at which time
it shall become null and void and must be renewed.
F.Â
Exempt occupancy types. Any occupancies not specifically mentioned
above are exempt from this article but are not exempt from other inspection
requirements contained in the Borough Code.
If the certification from a licensed architect or licensed engineer
states that a unit does not comply with all of the provisions of applicable
laws, regulations and codes or an inspection by the Code Enforcement
Officer finds that all applicable laws, regulations and codes have
not been complied with, a rental license shall not be issued until
the unit complies with all applicable, laws, regulations and codes.
In the event of any such noncompliance, the Code Enforcement Officer
shall provide a reasonable time period within which such items of
noncompliance are rectified.
A.Â
Permit requirements. The owner, applicant, contractor or agent thereof
will be held liable for the failure to secure any permits in accordance
with the Borough Code.
B.Â
Licensed contractors. In addition to the person performing the repairs
or work, the owner, applicant or agent thereof is reminded that certain
repairs or work performed, must be done by a licensed contractor in
accordance with the Borough Code.
A.Â
Annual renewal.
(1)Â
All rental housing licensees, commercial rental licensees and residential
rental licensees shall be registered and renew their licenses by the
first of March of each calendar year. The license shall be valid for
the remainder of the license calendar year.
(2)Â
Flexible scheduling. Any occupancies with more than 100 rental units
contained in the same building or complex may enter into a flexible
scheduling agreement with the Borough Council each September. The
agreement shall contain the following:
B.Â
Transfer of property ownership. If at any time during the calendar
license year the ownership of any premises operating with a rental
license is transferred, the property shall comply with the applicable
Borough codes for the transfer of property ownership.
C.Â
Change in owner-occupied portions; notification. It shall also be
the duty of the owner to notify the Code Enforcement Officer, in writing,
of any changing of a portion of the premises or unit from owner-occupied
to non-owner-occupied, which thereby transforms the portion of the
premises or unit into a rental unit.
(1)Â
Application and notification. The owner shall obtain the necessary
applications, pay all appropriate fees and comply with the provisions
of this article not less than 30 calendar days before the prospected
date of rental occupancy.
(2)Â
License term. The license shall be valid for the remainder of the
license calendar year.
(3)Â
Exception. Any license issued within 90 days prior to the annual
renewal date shall be valid for the remainder of the license calendar
year, plus the following license calendar year.
(4)Â
Fees. The applicant will be charged the full fee.
A.Â
Neither the Borough of Clifton Heights nor any employee thereof assumes
liability for the accuracy or quality of any property inspected pursuant
to this article at the request of the owner. The issuance of a rental
license shall not be construed to represent a warranty or guarantee
by or on behalf of the Borough of Clifton Heights nor shall the issuance
of any certificate, license or approval be construed to imply or warrant
that a unit or property is safe or free of any dangers or hazards
to the occupants or general public; free and clear of any violations
of this article or any other laws, regulations or codes; free and
clear of any defects.
B.Â
The issuance of any rental license shall not be construed to represent
any warranties or guarantees by or on behalf of the Borough of Clifton
Heights, nor shall the issuance of any certificates or approvals be
construed to imply that the property is:
(1)Â
Completely safe or free of any dangers or hazards to the occupants
or general public.
(2)Â
Completely free and clear of any violations of this article or any
other codes.
(3)Â
Completely free and clear of any defects related to any structural,
fire protection, fire prevention, building utilities or any other
features of the property.
A.Â
It shall be the duty of every owner, local agent or operator to keep
and maintain all rental units in compliance with all applicable codes
and ordinances of the Borough.
B.Â
C.Â
Rental agreement. There shall be no less than nor more than one rental
agreement for each rental unit or tenant.
(1)Â
The owner and tenant may not include any terms and/or conditions
in the rental agreement which are prohibited by this article or other
applicable ordinances, regulations and laws.
(2)Â
Except as otherwise provided by this article, no rental agreement
may provide that the owner or tenant agrees to waive or forego rights
or remedies under this article. A provision prohibited by this subsection
included in the rental agreement is hereby declared unenforceable.
In interpreting and applying the provisions of this article,
they shall be held to be the minimum requirements for the promotion
of the public health, safety, morals and general welfare. Where the
provisions of this article impose greater restrictions than those
of any other ordinance or regulation, the provisions of this article
shall control. Where the provisions of any statute, other ordinance
or regulation impose greater restrictions than this article, the provisions
of such statute, other ordinance or regulation shall control.
A.Â
This article is not intended to, nor shall its effect be to, limit
any other enforcement remedies which may be available to the Borough
relating to the abatement of nuisances or correction of violations.
B.Â
The Code Enforcement Officer may order the owner of any property
upon which is located any structure to demolish and remove such structure
at the owner's expense which, in the Code Enforcement Officer's
judgment, is so old or dilapidated or has become so out of repair
as to be dangerous, unsafe, unsanitary or otherwise unfit for human
habitation or occupancy and such that it is unreasonable to repair
the structure or, if such structure is capable of being made safe
by repairs, to repair and make safe and sanitary at the owner's
option and expense.
C.Â
If any building, structure or land is proposed to be erected, constructed,
reconstructed, altered, converted, maintained or used in violation
of this article, the Code Enforcement Officer may, in addition to
other remedies, institute in the name of the Borough any appropriate
action or proceedings to prevent, restrain, correct or abate such
building, structure or land or to prevent, in or about such premixes,
any act, conduct, business or use constituting such violation.
D.Â
Any expenses incurred by the Borough while performing the above shall be recoverable from the owner of the property, land, building or structure involved, together with a penalty of 10% of such expense, in a manner provided by law for the collection of municipal claims. In addition, the offender shall be subject to the penalties provided in § 250-54 of this article.
E.Â
The owner, occupant, tenant or person in charge of any property or
rental unit possesses the right to deny entry to any unit or property
by a Code Enforcement Officer for purposes of compliance with this
article. However, nothing in this article shall prohibit a Code Enforcement
Officer from asking permission from an owner, occupant, tenant or
person in charge of property for permission to inspect such property
or rental unit for compliance with this article and all other applicable
laws, regulations and codes, to seek a search warrant based on probable
cause or to enter such property or rental unit in the case of emergency
circumstances requiring expeditious action.
Requirements necessary for the strength, stability or proper
operation of an existing fixture, structure or equipment, or for the
public safety, health and general welfare of the occupants, not specifically
covered by this article, shall be determined by the Code Enforcement
Officer.
The owner, applicant or agent thereof may appeal a decision
of the Code Enforcement Officer or request a modification of the strict
letter of this article in accordance to the Borough Code.
Whoever violates or fails to comply with any of the provisions
of this article, or any provision of any rule or regulation adopted
by the Council or the Code Enforcement Officer pursuant to authority
granted by this article, or fails to correct, within the time set
by the Code Enforcement Officer, the defects for which a dwelling
has been cited shall be fined not less than $100 nor more than $1,000
or imprisoned not more than 30 days in the county jail, or both such
fine and imprisonment. A separate offense shall be deemed committed
each day during or on which a violation or noncompliance occurs or
continues.
Nothing herein is intended to modify, enlarge or diminish any rights or responsibilities under Chapter 340, Zoning, of the Borough of Clifton Heights Code.
