[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.