[Ord. No. 2021-2329, 6/8/2021]
1. 
The purpose of this chapter and the policy of the Borough of Phoenixville 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 life and quality of rental housing within the community. As a means to these ends, this chapter provides for a systematic inspection program, registration and licensing of residential rental units and penalties.
2. 
In considering the adoption of this chapter, the Borough makes the following findings:
A. 
There is a growing concern in the community with the appearance and physical condition of many residential rental units.
B. 
There is a perception and appearance of greater incidence of problems with the maintenance and upkeep of residential properties which are not owner-occupied as compared to those that are owner-occupied.
C. 
There are a significant number of disturbances at residential rental units.
D. 
Violations of the various maintenance codes are generally less severe and more quickly corrected at owner-occupied units as compared to residential rental units.
[Ord. No. 2021-2329, 6/8/2021]
1. 
All owners of residential rental units shall submit an initial residential rental operating license application to the Borough Code Enforcement Department before allowing occupancy of a dwelling unit. A separate residential rental license application shall be required for each residential rental property identifying each residential rental unit therein. Every residential rental license application shall be accompanied by a residential rental license application fee, as fixed in an amount determined by Borough Council set forth in the Master Schedule of Fees.
2. 
Upon successful completion of all administrative and inspection requirements of this chapter, the Code Enforcement Department shall issue a residential rental license upon request of the owner or operator. Residential rental units which fail to meet the requirements of this chapter shall not qualify for the issuance of a residential rental license unless the residential rental unit is brought into compliance with this chapter. A reinspection fee may be assessed by the Code Official and shall be remitted wherein an owner or operator seeks a second or subsequent inspection under any application for a residential rental license prior to the Code Enforcement Department conducting such reinspection. The inspection and reinspection fees shall be as fixed in an amount determined by Borough Council set forth in the Master Schedule of Fees.
[Ord. No. 2021-2329, 6/8/2021]
1. 
The Code Official shall schedule and conduct inspections of residential rental units providing owners and operators a minimum of 10 days' notice. The owner is responsible for notifying and coordinating with occupants for the inspection to be executed. The inspections shall occur at a minimum of biennially, or as frequently as annually.
2. 
Upon submission of a new residential rental license application, the Code Official shall perform an inspection of the residential rental unit to insure that the residential rental unit meets all of the requirements of the Code of the Borough of Phoenixville, including, but not limited to, the International Property Maintenance Code, the Uniform Construction Code, the International Fire Code, the Phoenixville Borough zoning ordinance, the terms and conditions of this section, and any other applicable provisions of the Code of the Borough of Phoenixville or the laws of the Commonwealth.
3. 
The Code Official is authorized and directed to make inspections to determine compliance with this chapter. For this purpose, he is authorized, upon jurisdiction based on a valid complaint, on official annual inspection, or information, and upon showing adequate identification, to enter and examine any dwelling or other building, yard or part of either, at all reasonable times, and every owner, operator or occupant shall provide him free access to it. Nothing in this section shall be deemed to limit or restrict the ability of the Borough to conduct inspections of any residential rental unit as deemed necessary to enforce any part of the Code of the Borough of Phoenixville or the laws of the Commonwealth.
4. 
Every occupant of a dwelling or dwelling unit shall give the owner thereof, or his agent or employee, access to any part of such dwelling or dwelling unit, or its premises, at all reasonable times for the purpose of making such repairs or alterations as are necessary to effect compliance with the provisions of this chapter or with any lawful rule or regulation adopted or any lawful order issued pursuant to the provisions of this chapter.
5. 
If a Code Official is scheduled and entry is refused or cannot be obtained, the Code Official shall have recourse to every remedy provided by law to secure lawful entry and inspect the premises including, but not limited to, securing an administrative warrant as permitted by Pennsylvania Law.
[Ord. No. 2021-2329, 6/8/2021]
1. 
The registration and licensing provisions of this chapter shall not apply to hospitals, nursing homes, or other rental units used for human habitation which offer or provide licensed medical or nursing services and wherein all operations of such facilities are subject to county, state or federal licensing or regulations concerning the health and safety of the users, patients or tenants. Upon request, the owner/operator, responsible agent or manager shall provide to the Code Official all inspection reports as produced by the aforementioned authorities or agencies having jurisdiction.
2. 
If, in response to a complaint and subsequent inspection, an exempt unit is found to be in violation of a Borough code, the owner/operator, responsible agent or manager shall correct any violations within the time frame cited by the Code Official. If the violations are not corrected, the unit shall lose its exemption until the violations are corrected. If three verified complaints are received in any twelve-month period, the unit shall lose its exemption for a period of five years.
[Ord. No. 2021-2329, 6/8/2021]
The Code Enforcement Department is empowered to establish rules, regulations and procedures consistent with this part that are necessary to carry out the purpose and intent of this chapter.