[HISTORY: Adopted by the Borough Council of the Borough of
Palmyra as indicated in article histories. Amendments noted where
applicable.]
[Adopted 10-22-2019 by Ord. No. 797[1]]
[1]
Editor's Note: This ordinance also repealed former Art. I,
Residential Unit Registration, adopted 1-24-20112 by Ord. No. 741,
as amended.
[Amended 9-24-2020 by Ord. No. 808]
This article shall be known and may be cited as the "Palmyra
Borough Rental and Vacant Property Management Code."
[Amended 9-24-2020 by Ord. No. 808]
The purpose of this article and the policy of the Borough of
Palmyra 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 rental units in the Borough;
and to encourage owners and occupants to maintain and improve the
quality of rental housing and properties which are not occupied within
the Borough. As a means to these ends, this article provides for registration
and licensing of residential rental units, registration of vacant
properties and registration of properties not occupied by the landowners.
This article further requires maintenance of such properties and provides
penalties for violation. In considering the adoption of this article,
the Borough makes the following findings:
A.
There is a concern in the Borough with the failure of some property
owners to properly maintain residential rental units and vacant or
abandoned properties.
B.
Borough and Police Department records indicate that there are a growing
number of disturbances at residential rental units.
C.
Vacant
and abandoned properties contribute to blight.
Unless otherwise expressly stated, the following terms shall,
for the purpose of this article, have the meanings indicated as follows:
Any property that is vacant or is subject to a notice of
mortgagee's sale or pending tax claim sale or vacant properties that
have been the subject of a foreclosure sale where the title was retained
by the beneficiary of a mortgage involved in the foreclosure and any
properties transferred under a deed in lieu of foreclosure or sale.
[Added 9-24-2020 by Ord. No. 808]
The Borough of Palmyra, Lebanon County, Pennsylvania.
The governing body of the Borough.
Any state or local law, code or ordinance adopted, enacted or in effect in and for the Borough including, but not limited to, this Rental Property Management Code, codified as Chapter 277 of the Code of Ordinances, and the Property Maintenance Code.
A person or persons designated by the Borough to enforce
this article, including performance of inspections, issuances of notices
of violations, issuance of licenses and prosecuting enforcement actions.
The County of Lebanon.
Any act by an occupant of a residential rental unit or by
a person present at a residential rental unit involving public drunkenness,
consumption of an alcoholic beverage in public, public urination or
defecation, the unlawful deposit of trash or litter on public or private
property; damage to or destruction of public or private property,
the obstruction of public roads, streets, highways or sidewalks, interference
with emergency or police services, unreasonable noise as defined by
the Pennsylvania Crimes Code and case law of the appellate courts
of the Commonwealth of Pennsylvania and/or the United States. Use
of profane or obscene language or gestures, indecent exposure, fighting
or quarreling, or any other act defined as disorderly conduct in the
Pennsylvania Crimes Code or any act which otherwise injures or endangers
the health, safety or welfare of the residents of the Borough residing
in the neighborhood or vicinity of the gathering. It is not necessary
that such conduct, action, incident or behavior constitute a criminal
offense, nor that criminal charges be filed against any person in
order for said person to have perpetrated, caused or permitted the
commission of disruptive conduct, as defined herein. Provided, however,
that no disruptive conduct shall be deemed to have occurred unless
a Codes Compliance Officer or a police officer shall investigate and
make a determination that such did occur, and keep written records,
including a disruptive conduct report, of such occurrences. The occupant
and the owner shall be notified of any such occurrences, in writing.
A written report of disruptive conduct to be completed by
a police officer or Codes Compliance Officer who actually investigates
an alleged incident of disruptive conduct and which shall be maintained
by the Codes Compliance Officer.
A residential rental unit license required by and issued
pursuant to the regulations of this article for an individual residential
rental unit.
Any person living and sleeping in a residential rental unit
or having actual possession of said residential rental unit.
The person who holds record title and/or the equitable owner
under an agreement of sale of a property upon which a residential
rental unit is erected or maintained. If more than one person owns
the residential rental unit as joint tenants, tenants in common, tenants
by the entireties, or tenants in co-partnership, each such person
shall be considered an owner and shall have all the duties of an owner
under this section.
The person who holds record title and/or equitable owner
and his or her spouse, son, daughter, and such owner's parents or
owner's spouses' parents only.
A natural individual, unincorporated association, partnership,
corporation, estate, trust or any other legally recognized entity,
and the members of such partnership and the officers of such entities.
The Palmyra Borough Police Department or any other police
department providing police protection services within the Borough.
An officer of the Police Department.
Any parcel of real estate within the Borough, including the
land and all buildings and appurtenant structures, on which one or
more residential rental units are located.
The Property Maintenance Code of the Borough of Palmyra codified as Chapter 270 of the Code of Ordinances of the Borough, as it may be amended from time to time.
A rooming unit or a dwelling unit let for rent or a dwelling
unit occupied by any persons other than one occupied solely by the
owner and members of the owner's family. Each individual townhouse
dwelling, each individual apartment unit, each individual unit in
a multifamily building, and each rooming unit shall be considered
a separate residential rental unit. If a structure contains a rooming
unit or if any portion of the structure is let for rent, it shall
be considered a residential rental unit whether or not the owner or
a relative of the owner also resides in the structure. A residential
rental unit includes dwelling units under lease-purchase agreements
or long-term (greater than six months) agreements of sale. A residential
rental unit shall not include a hotel unit or a hospital room utilized
for medical services.
A portion of a dwelling unit including any room or group
of rooms forming a single habitable unit used or intended to be used
for living and sleeping, but not for cooking purposes. Granting of
permission to use shared or common cooking facilities may be associated
with the leasing of a rooming unit.
A building or structure shall be deemed to be vacant if no
person or persons actually currently conducts a lawfully licensed
business or lawfully resides or lives in any part of the building
as the legal or equitable owner(s) or tenant-occupant(s) or owner-occupants
or tenant(s) on a permanent, nontransient basis.
[Added 9-24-2020 by Ord. No. 808]
A.
It shall be the duty of every owner to:
(1)
Keep and maintain all residential rental units in compliance with
all applicable codes, ordinances and provisions of all applicable
state laws and regulations, including but not limited to the Borough
Zoning Ordinance and Property Maintenance Code.
(2)
Keep and maintain all premises in good and safe condition.
(3)
Be aware of, and act to eliminate disruptive conduct in all residential
rental units.
(4)
Employ policies to and actually manage the residential rental units
under his/her control in compliance with the provisions of this article,
Borough ordinances and applicable state laws.
(5)
Pay or ensure payment of all real estate taxes, sewer charges, and
trash collection fees to insure that such vital utilities are provided.
(6)
Obtain and maintain a residential rental unit license.
(7)
Provide trash and recyclable collection and disposal services information
and instruct tenants of the method of trash and recyclable collection
(e.g., curbside or dumpster and day of pickup).
(8)
Provide the Borough within 10 days of occupancy with the names, physical
address and mailing address, if different, of all tenants of the residential
rental unit and notify the Borough of changes in the occupancy of
the residential unit within 10 days thereof.
(10)
Require a written rental agreement for each residential rental
unit which shall include the names of all permitted occupants. Each
lease shall contain a provision and notice to the tenant(s) that if
the license for the leased unit is revoked the owner shall have the
right to terminate the lease and evict the tenant with 30 days' written
notice and that tenant agrees this procedure does not violate any
section of the Landlord Tenant Act of Pennsylvania.[1] Further, if the lease is so terminated as a result of
the owner not complying with the terms of this chapter, owner may
be subject to suit by the tenant for damages.
[1]
Editor's Note: See 68 P.S. § 250.101 et seq.
(11)
Provide the Borough with all required information for a designated
manager when required to do so by this article.
(12)
Provide at least one fire extinguisher, minimum UL rating of
2A-10B:C, ABC dry chemical, to be placed in the kitchen or in close
proximity to the kitchen, either under the kitchen sink or on a wall-mount
bracket.
(13)
Install ten-year sealed lithium battery smoke detectors at such
locations as are required by the Property Maintenance Code, unless
the residential rental unit is provided with an operational hard-wired
smoke detection system.
B.
No person shall hereafter occupy, allow to be occupied or lease to
another person for occupancy any residential rental unit within the
Borough without making application for and obtaining a residential
rental license.
C.
No license shall be issued for a residential rental unit unless the
owner lives within 30 miles of the municipal limits of the Borough
or designates a manager residing within 30 miles of the municipal
limits of the Borough. The owner or, if applicable, the manager shall
provide contact information to the Borough which will permit the Borough,
in the event of an emergency, to contact the property owner or manager
24 hours a day, seven days a week, 365 days a year. In the event the
Borough alerts the owner or the manager of an emergency, the owner
or the manager shall go to the residential rental unit to address
the emergency. The designation of a manager shall not be considered
valid unless signed by the owner and the manager. The owner shall
notify the Borough within 10 days of any change in the designated
manager, providing all necessary contact information.
E.
It shall be the responsibility of every owner to display the following
information with the license in the residential rental unit:
A.
By November 30 of each calendar year, the owner of each residential
rental unit shall apply for a residential rental license from the
Borough, which shall be valid from January 1 to December 31 of the
following year. The owner of a building containing more than one residential
rental unit may file a single application for all of the residential
rental units in such building.
B.
Every owner, landlord, manager or agent for an owner who rents or
leases or offers for occupancy any real property or portion thereof
in the Borough to any tenant or occupant for a period of time in excess
of seven days shall submit an application to the Codes Compliance
Officer for a residential rental license for that residential rental
property, and the same shall be made upon forms furnished by the Borough
for this purpose and shall include, but not be limited to, the following:
(1)
The name, address, telephone number and email address(es) of the
property owner(s).
(2)
The name, address and telephone number of a manager who resides or
has an office within 30 miles of the residential rental property if
the property owner lives outside the thirty-mile radius of the Borough.
(3)
The street address of the residential rental property.
(4)
The number and type of units within the residential rental property.
(a)
The dwelling unit or room unit number or street address.
(b)
The name or names of all tenants and occupants over 16 years
of age living and sleeping in a residential rental property or unit.
(c)
Contact information for the tenants and occupants of the residential
rental property or unit.
(d)
The mailing address of the residential rental unit.
(5)
The information required in this § 277-5B shall be provided to the Borough at the time of application for licensing and as needed due to any changes of the renting, leasing, subleasing or occupancy of any residential rental property in the Borough for a period of time in excess of seven days. In the event of any change in the renting, leasing, subleasing, or occupancy of any residential rental property, the new, revised or additional information shall be provided to the Borough of Palmyra within 10 days of such change.
C.
The Codes Compliance Officer shall deny and may revoke a license
if the owner does not provide the name, mailing address, email address,
and phone number of a manager (if applicable), does not pay the annual
registration fee, is not current on real estate taxes, sewer fees
or trash collection fees for the residential rental unit, does not
correct a code violation within the time frame cited by the Codes
Compliance Officer, and/or has not complied with any requirements
of this article.
D.
The Codes Compliance Officer shall forward written notice to the
owner if the Codes Compliance Officer will deny, refuse to renew or
revoke a license. The notification shall identify the residential
rental unit set forth the grounds for the denial, nonrenewal or revocation,
including the factual circumstances and the section of this article
supporting such determination; and inform the owner of the right to
appeal the denial, nonrenewal or revocation of the license to Borough
Council under this article.
E.
The Codes Compliance Officer may reinstate a license if the owner
corrects the reason for the revocation of the license has paid the
proper fees and is otherwise in compliance with this article and all
other applicable rules, regulations, ordinances and laws.
F.
Borough Council shall be authorized from time to time to establish
by resolution such fees as are necessary to administer all provisions
of this article. No application for a license is complete without
payment in full of the required fee.
A.
All property owned by the county or any housing authority created
by the county which is inspected annually by those agencies to assess
conformance with federal standards, or properties that are inspected
annually for compliance with the requirements of the United States
Department of Housing and Urban Development or the Pennsylvania Housing
Finance Agency, regardless of the occupants, shall be exempt from
the licensing provisions of this article.
A license shall not be transferred. In the case of licensed
residential rental units that are sold or transferred, the new owner
shall make application for a license for each residential rental unit
prior to the occupancy of the residential rental unit. If the residential
rental unit is occupied at the time of the sale or transfer, the new
owner shall make application for a residential rental license within
10 days of the date of sale or transfer.
It shall be the duty of each occupant of a residential rental
unit to:
A.
Comply with all obligations of this article and all applicable codes
and Borough ordinances, as well as all state laws and regulations.
B.
Conduct himself/herself and require other persons, including, but
not limited to, guests on the premises and within his/her residential
rental unit with their consent to conduct themselves in a manner that
will not constitute disruptive conduct nor disturb the peaceful enjoyment
of adjacent or nearby dwellings by people occupying the same.
C.
Not engage in, nor tolerate, nor permit others on the premises to
cause damage to the residential rental unit or engage in disruptive
conduct, or other violations of this article, codes, Borough ordinances,
or applicable state laws.
D.
Use the trash and recyclable collection provided by the owner to
include placing trash out for weekly pickup.
E.
Use the residential rental unit for no purpose other than as a residence.
F.
Not allow persons other than those identified on the lease to reside
in the residential rental unit.
G.
Not allow the possession of, serving to or consumption of alcohol
by underage persons, nor allow the possession of, providing to or
use of controlled substances by any person in an illegal fashion.
A.
Police officers or the Codes Compliance Officer shall investigate
alleged incidents of disruptive conduct. The police officer or Codes
Compliance Officer conducting the investigation shall complete a disruptive
conduct report upon a finding that the reported incident constitutes
disruptive conduct. The information filed in the disruptive conduct
report shall include, if possible, the identity of the alleged perpetrator(s)
of the disruptive conduct and the factual basis for the disruptive
conduct described in the disruptive conduct report. A copy of the
disruptive conduct report shall be given or mailed to the occupant
and mailed to the owner, or if applicable, manager within 10 business
days of the occurrence of the alleged disruptive conduct.
B.
The occupant or the owner shall have 10 business days from the date
of issuance of a disruptive conduct report to appeal the disruptive
conduct report. The appeal shall be made in writing, shall set forth
all grounds for the appeal, and shall be accompanied by any appeal
fee established by Borough Council. The appeal shall be submitted
to the Borough Secretary with a copy to the Codes Compliance Officer.
C.
After three disruptive conduct incidents in any twelve-month period
by an occupant documented by disruptive conduct reports, the owner
shall have 10 business days from the date of the third disruptive
conduct report to begin eviction proceedings against the occupants,
unless there has been an appeal of the disruptive conduct report filed
in accordance with this article. If an appeal of the third disruptive
conduct report is filed, the owner shall have 10 business days from
the decision of Borough Council to commence eviction proceedings and
actively prosecute the eviction proceeding after it is filed. Failure
to take such actions will result in the immediate revocation of the
license. The residential rental unit involved shall not have its license
reinstated until the reinstatement fee is paid and the disruptive
occupants have been evicted, the Magisterial District Judge has ruled
in the occupants' favor, the Magisterial District Judge has ruled
in the owner's favor but has not ordered the eviction of the occupant(s),
or the occupants have filed an appeal to a higher court or declared
bankruptcy, thereby preventing their eviction. The disruptive occupants,
upon eviction, shall not reoccupy any residential rental unit on the
same premises involved for a period of at least one year from date
of eviction. This subsection is not intended to limit or inhibit the
owner's right to initiate eviction actions prior to the issuance of
the third disruptive conduct report in a twelve-month period.
D.
The disruptive conduct report shall count against all occupants of the residential rental unit. More than one disruptive conduct report filed against the occupants of a residential rental unit in a twenty-four-hour period shall count as a single disruptive conduct report for the purpose of § 277-9C. The Codes Compliance Officer shall maintain a list of the names of all occupants evicted as a result of § 277-9C. The names shall remain on the list for a period of three years.
An appeal from any decision of the Codes Compliance Officer
shall be taken to Borough Council. Such appeal shall be made in writing
within 10 business days after such decision has been made. The appeal
shall be verified by an affidavit, shall state the grounds therefor
and shall be filed with the Borough Secretary. The appeal shall be
accompanied by the appeal fee which shall be established from time
to time by ordinance or resolution of Borough Council. The appellant
or his representative shall have the right to appear and be heard,
if such right is requested in the written appeal. Borough Council
shall make a decision on such appeal within 30 days of the hearing.
Borough Council shall render a written decision, copies of which shall
be provided to the Codes Compliance Officer and the appellant.
A.
Enforcement. The Codes Compliance Officer or other designated person
shall be responsible for enforcing the provisions of this article.
The occupant of a residential rental unit or the owner or manager
of the residential rental unit may request an inspection of the residential
rental unit and, if applicable, common areas in the building containing
the residential rental unit. The Codes Compliance Officer may conduct
investigations if the Codes Compliance Officer receives complaints
or has cause and may, if permission to inspect is not granted, seek
a search warrant of the applicable residential rental unit.
B.
Violations. It shall be a violation of this article to commit or
to permit any other person to commit any of the following acts:
(1)
To lease, let, or allow the occupancy of a residential rental unit
without obtaining a residential rental license where required by this
article.
(2)
To fail to perform the duties established by § 277-4 of this article if such person is an owner of a residential rental unit.
(3)
To fail to perform the duties established by § 277-8 of this article if such person is an occupant of a residential rental unit.
(4)
To place false information on or to omit relevant information from
an application for a residential rental license.
(5)
To fail to comply with any other provisions of this article.
C.
Penalties.
(1)
Whoever violates any provision of this article shall, upon summary
conviction for a first offense be fined no less than $100 nor more
than $1,000; upon summary conviction for a second offense be fined
no less than $200 nor more than $1,000; and upon summary conviction
for a third or subsequent offense be fined no less than $500 nor more
than $1,000.
(2)
In addition to prosecution of persons violating this article, the
Codes Compliance Official or any duly authorized agent of the Borough,
may take such civil or equitable remedies, in any court of record
of the Commonwealth of Pennsylvania, against any person or property,
real or personal, to effect the provisions of this article.
(3)
The provisions of this section and the provisions of this article governing revocation, suspension or nonrenewal of residential rental licenses shall be independent, nonmutually exclusive, separate remedies, all of which shall be available to the Borough as may be deemed appropriate. The remedies and procedures in this article are not intended to supplant or replace, to any degree, the remedies provided to the Borough in Chapter 270, Property Maintenance, and Chapter 380, Zoning.
(4)
In addition to the fines and penalties set forth in this section,
any person violating this article shall be assessed all costs allowed
by law, including, but not limited to, the Borough's attorney's fees
to the maximum extent such fees are recoverable.
[Added 9-24-2020 by Ord. No. 808]
A.
The owner of a vacant and/or abandoned real property shall register
the property with the Borough within 30 days of the vacancy or abandonment
of the property, and annually thereafter, by January 15 of each year
the property remains vacant and/or abandoned. The owner shall register
the property with the Borough on forms provided by the Borough. Within
10 days of the property being lawfully occupied, the owner shall provide
notice of the same to the Borough. The registration fee shall not
be prorated based upon the date of registration.
B.
Registration pursuant to this section shall contain the name of the
owner, the owner's mailing address, a direct contact name and
telephone number and email address, the UPI number and address of
the vacant and/or abandoned property, and the name and twenty-four-hour
contact phone number of the property management company responsible
for the security and maintenance of the property, if one exists. Any
owner that has registered a property under this section must report
any change of information contained in the registration, in writing,
within 10 days of the change to the Borough.
C.
Borough Council shall establish registration fees for vacant and
abandoned properties by resolution. Borough Council may set different
fees rates for residential and commercial properties and may set increased
fees for each year a property remains vacant or abandoned.
D.
Vacant and abandoned properties shall be maintained in accordance with Chapter 270, Property Maintenance. In addition to all provisions of Chapter 270, the owner shall comply with the following:
(1)
The property shall be kept free of weeds, overgrown brush, dead vegetation,
trash, junk, debris, building materials, any accumulation of newspapers,
circular, flyers, notices (except those required by federal, state,
or local law), abandoned vehicles, portable storage devices, discarded
personal items, including, but not limited to, furniture, clothing,
large and small appliances, printed material or any other items that
give the appearance that the property is abandoned.
(2)
The property shall be maintained free of graffiti or similar markings
by removal or painting over with an exterior-grade paint that matches
the color of the exterior structure.
(3)
Yard maintenance shall include, but not be limited to, grass, ground
covers, bushes, shrubs, hedges or similar plantings, decorative rock
or bark or artificial turf/sod designed specifically for residential
installation. Acceptable maintenance of yards and/or landscaping shall
not include weeds, gravel, broken concrete, asphalt or similar material.
(4)
Maintenance shall include, but not be limited to, cutting, trimming,
and mowing of required ground cover or landscape and removal of all
trimmings.
(5)
Pools and spas shall be maintained so that the water remains free
and clear of pollutants and debris and does not cause a danger to
the public health, safety, and welfare.
(6)
Vacant and abandoned properties shall be maintained in a secure manner
so as not to be accessible to unauthorized persons. A "secure manner"
shall include, but not be limited to, the closure and locking of windows,
doors, gates and other openings of such size that may allow a child
to access the interior of the property or structure. Broken windows
shall be secured by reglazing of the window.
[Added 9-24-2020 by Ord. No. 808]
Where a residential dwelling is not occupied by the owner and is occupied solely by members of the family of the owner, the owner shall register the dwelling unit with the Borough within 30 days after the owner ceases to reside in the residential dwelling. The owner shall annually renew such registration by November 30 of each calendar year for the following calendar year. The required registration shall include all information required by § 277-5B. No fee shall be imposed for such registration.
