[HISTORY: Adopted by the Borough Council
of the Borough of Shippensburg 5-19-1987 by Ord. No. 552, approved 5-19-1987; amended
in its entirety 11-17-2009 by Ord. No. 848, approved 11-17-2009.
Subsequent amendments noted where applicable.]
GENERAL REFERENCES
Building construction — See Ch. 78.
Electrical standards — See Ch.
86.
A certain document, three copies of which are on file in the office of the Secretary of the Borough of Shippensburg, Cumberland and Franklin Counties, Pennsylvania, being marked and designated as the "International Property Maintenance Code, 2009," as amended hereafter from time to time and published by the International Code Council, be and is hereby adopted as the Existing Residential Structures Code of the Borough of Shippensburg, Cumberland and Franklin Counties, Pennsylvania, for the control of buildings and structures as herein provided, and each and all of the regulations, provisions, penalties, conditions and terms of the "International Property Maintenance Code" are hereby referred to, adopted and made a part hereof as if fully set out in this chapter, with the additions, insertions, deletions and changes, if any, prescribed in § 87-4 of this chapter.
The provisions of this chapter and the International
Property Maintenance Code, 2009, shall take effect January 1, 2010.
This chapter, together with the most current
edition of the International Property Maintenance Code, 2009, as amended
from time to time, shall be known and cited as the "Residential Rental
Property Maintenance Code of the Borough of Shippensburg."
A.Â
The following sections of the International Property
Maintenance Code, 2009 are hereby revised, removed, replaced, and/or
modified as follows:
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101.1 Title. These regulations shall be known as
the "Residential Property Maintenance Code of the Borough of Shippensburg,"
hereinafter referred to as "this code" or "the code."
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101.2 Scope. The provisions of this code shall
apply to properties within the Borough of Shippensburg to the extent
delineated as follows:
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1.
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All residential rental properties, structures, or units shall
comply with any and all provisions of this code.
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-If a residential rental unit is located in the same structure
as any other use, the whole structure shall comply with Sections 301,
302, 303, 304, 306, 307, 308, 310 and 507 of this code, and the residential
rental unit shall comply with all provisions of this code.
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2.
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This code does not apply to owner-occupied residential units
or nonresidential uses except as provided for above in Section 101.2(1).
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The provisions of this code constitute minimum requirements
and standards for the properties, owners, owner's agents, and occupants
regulated by this code, which requirements and standards are enacted
to protect the health, safety, and welfare of the residents of the
Borough of Shippensburg.
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102.6 Historic Buildings. All structures which are subject to regulation by this code in accordance with Section 101.2 which are historic structures shall be subject to the applicable provisions of this code; however, all historic structures located in the Historic Preservation District as defined and delineated in Chapter 78 of the Code of the Borough of Shippensburg shall remain subject to the provisions of Chapter 78 of the Code of the Borough of Shippensburg, which provisions shall be implemented in conjunction with the provision of this code, and if a conflict exists between such provisions, the more restrictive provision(s) shall apply. The provisions of this Code shall not be mandatory for existing buildings or structures designated as historic buildings when such buildings or structures are judged by the Code Official to be safe and in the public interest of health, safety and welfare.
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103.3 Deputies. The Council of the Borough of Shippensburg
shall have the authority to appoint a deputy Code Official(s), other
related technical officers, inspectors, and other employees.
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103.5 Fees. The fees for services, inspections,
and activities performed by the department in carrying out its responsibilities
under this code shall be as set forth and amended from time to time
by resolution in the Fee Schedule of the Borough of Shippensburg.
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104.2 Interpretation. The Code Official shall have
the authority to interpret and implement the provisions of this code.
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104.3 Inspections. The Code Official or the deputy
Code Official shall make all the required inspections, or shall accept
reports of inspections by approved agencies or individuals. All reports
shall be in writing and be certified by the individual who conducted
the inspection. The Code Official is authorized to engage such expert
opinion as deemed necessary to report upon unusual technical issues
that arise.
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106.3 Prosecution of violation. Any person failing
to comply with a notice of violation or order served in accordance
with Section 107 shall be deemed guilty of a summary offense. If the
notice of violation is not complied with, the Code Official may institute
the appropriate proceedings at law or in equity to restrain, correct,
or abate such violation, or to require the removal or termination
of the unlawful occupancy of the structure in violation of the provisions
of this code or of the order or direction made pursuant thereto. Any
corrective action taken by the authority having jurisdiction over
such premises may be charged against the real estate upon which the
structure is located and shall be a lien upon such real estate.
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106.4 Violation penalties. Any person, firm, or
corporation who or which shall violate any provision of this code
shall, upon conviction thereof; be subject to a fine of not more than
$500 or imprisonment for a term not to exceed 30 days, or both, at
the discretion of the court. Each day that a violation continues shall
be deemed a separate offense.
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106.6 Administrative search warrants. The Code
Official may seek an administrative search warrant to ensure that
any property regulated by this code is in compliance with this code.
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106.7 Violations as public nuisances. Any property
regulated by this code that is in violation of this code may be considered
a public nuisance and be abatable as such in accordance with 53 P.S.
§ 46202.
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107.2 Form. Such notice prescribed in Section 107.1
shall be in accordance with all of the following:
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1.
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Be in writing.
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2.
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Include a description of the real estate sufficient for identification.
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3.
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Include a statement of the violation or violations and why the
notice is being issued.
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4.
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Include a correction order allowing up to 90 days to make the repairs and improvements required to bring the residential structure into compliance with the provisions of this code or the order or direction of the Code Official, unless the violation is a violation of Chapter 9, in which case the notice shall comply with Section 903.3 of this code.
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5.
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Inform the property owner or owner's agent of the right to appeal.
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6.
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Include a statement of the right to file a lien in accordance
with Section 106.3.
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111.2 Membership of Board. The Code Appeals Board
(the "Board") shall consist of five members who shall be appointed
by the Council of the Borough of Shippensburg. Each member shall have
been a resident of the Borough for at least one year prior to appointment.
The terms of office of the members of the Board shall be five years;
provided, however, that the terms of office shall be fixed so that
the term of one member shall expire each year.
(Sections 111.2.1 through 111.2.4 shall remain as provided in
the International Property Maintenance Code.)
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Section 111.2.5, Compensation of Board members, is deleted.
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111.3 Notice of meeting. The Board shall meet at
its regularly scheduled meeting, notice of which shall be published
in accordance with the requirements for publishing public notice of
local agency meetings. The Board may also hold special meetings, which
meetings shall be held in accordance with the Sunshine Act.
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111.4.1 Procedure. The Board shall conduct the
public hearing in accordance with the Local Agency Law adopted by
the Commonwealth of Pennsylvania.
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111.6 Board decisions. The Board shall modify or
reverse the decision of the Code Official only by a concurring vote
of a majority of a quorum on the Board members.
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111.7 Court review. Any person aggrieved by an
adjudication of the Board of Appeals who has a direct interest in
such adjudication shall have the right to appeal therefrom to the
court vested with jurisdiction of such appeals by or pursuant to Pennsylvania
law.
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111.9 Extension of time. The Board shall have the
ability to grant extensions of time for the completion of repairs
or maintenance required by this code upon a hearing held in accordance
with this code; provided, however, that for correction orders issued
as a result of inspections occurring in the months of November through
February, which correction orders require exterior corrections such
as, but not limited to, exterior painting or the repair/replacement
of sidewalks, which corrections cannot be completed due to weather
conditions, the Borough Manager may grant an extension, which shall
not extend the time for completion further than May 31.
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SECTION 202
GENERAL DEFINITIONS
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The following definitions shall be added or amended. The definitions
in the code not referenced below shall remain in full force and effect.
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DWELLING UNIT. One or more rooms in a dwelling
or apartment hotel designed primarily for occupancy by one family
for living or sleeping purposes.
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EASEMENT. A right-of-way granted for limited use
of property by the landowner for a public or quasi-public purpose
and within which the owner of the property shall not have the right
to make use of the land in a manner that violates the right of the
grantee.
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FAMILY.
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A.
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An individual or couple and the children thereof with not more
than two other persons related directly to the individual or couple
by blood or marriage; or
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B.
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A group of unrelated persons, excluding domestic workers, living
together as a single housekeeping unit in a dwelling unit shall not
include more than three unrelated persons.
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GROUP HOME. A use involving the residence of persons
who need support services and who reside in a family-like residential
environment. This shall only include a use licensed or certified under
an appropriate state program. The residents are intended to be persons
who might otherwise be confronted with institutionalization. Group
homes shall be limited to persons needing special care and oversight
because of physical illness or infirmity, age, physical disability,
mental illness that is not criminal in nature, mental retardation,
mental handicap or emotional disability that is not criminal in nature.
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GROUP HOUSING. A residential use in which individual
rooms that do not meet the definition of a dwelling unit are rented
for habitation routinely for periods of 30 days or longer and that
does not meet the definition of a hotel, motel, life-care center,
personal-care center, bed-and-breakfast use, group home or nursing
home.
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INOPERABLE MOTOR VEHICLE.
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A.
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To determine whether a vehicle is inoperable and a nuisance
in fact, the following conditions shall be considered individually
and/or collectively. It shall be considered whether the vehicle has:
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1.
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Proper license.
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2.
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Current registration.
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3.
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Current inspection.
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4.
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Broken windshields, mirrors or other glass with sharp edges.
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5.
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One or more flat or open tires or tubes that could permit infestation.
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6.
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Missing doors, windows, hoods, trunks, or other body parts which
could facilitate the harboring of animals and/or other infestation.
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7.
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Any body parts with sharp edges, including holes resulting from
rust.
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8.
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Missing tires resulting in unsafe suspension of the motor vehicle.
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9.
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Upholstery that is torn or open which could permit the harboring
of animals and/or other infestation.
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10.
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Broken headlamps or tail lamps with sharp edges.
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11.
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Disassembled chassis parts apart from the motor vehicle stored
in an unsafe fashion or loose, in or on the vehicle.
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12.
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Protruding sharp objects from the chassis.
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13.
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Broken vehicle frames suspended from the ground in an unstable
manner.
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14.
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Leaking or damaged oil pan or gas tank that could cause fire
or explosion.
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15.
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Exposed battery containing acid.
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16.
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Inoperable locking mechanism for doors or trunk or hood.
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17.
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Open or damaged floorboards, including trunk and firewall.
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18.
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Damaged bumpers pulled away from the perimeter of vehicle.
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19.
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Broken grill with protruding edges.
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20.
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Loose or damaged metal trim and clips; broken communications
equipment and antenna.
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21.
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Suspended on unstable supports.
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22.
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Such other defects that may threaten the health, safety and
welfare of the citizens of the Borough.
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NURSING HOME OR CONVALESCENT HOME. A building with
sleeping rooms where persons are housed or lodged and furnished with
meals, nursing care for hire and which is approved for nonprofit/profit
corporations licensed by the Pennsylvania Department of Public Welfare
for such use.
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OWNER AGENT. An individual or firm designated by
the owner of real property, in writing, to the Borough, who shall
reside on the premises or within a ten-mile radius of the Borough
of Shippensburg, a map of which is available for inspection in the
Borough office, and who shall be legally responsible for the operation
of the rental property in compliance with all of the provisions of
the codes and ordinances of the Borough of Shippensburg and the Commonwealth
of Pennsylvania and who shall be responsible for providing legal access
to the property for the purposes of making inspections of said premises
to ensure compliance with said ordinance(s) and laws.
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PERSON. An individual, corporation, partnership,
trust, or any other group or entity acting as a unit.
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STRUCTURE. Any human-made object having an ascertainable
stationary location on or in land or water, whether or not affixed
to the land.
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UNIT. A single unit providing complete, independent
living facilities for one or more persons, including permanent provisions
for living, sleeping, eating, cooking and sanitation.
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302.4 Weeds. All premises and exterior property
shall be maintained free from weeds, grass or other uncultured vegetation
not edible or planted for some useful or ornamental purpose, more
than 10 inches in height when measured from the surface of the ground,
provided that weed growth on lawns occurring between mowings shall
not constitute a violation of this section. All premises and exterior
property shall be maintained free from trees, shrubs, hedges or other
vegetation that overhangs sidewalks or other pedestrian walkways at
a height of less than eight feet. All premises and exterior property
shall be maintained free from trees, shrubs or other vegetation that
overhangs a road right-of-way at a height of less than 16 feet, measured
from the street surface at the curb. All noxious weeds shall be prohibited.
Upon failure of the owner or agent having charge of a property
to cut and destroy weeds after service of a notice of violation, he
or she shall be subject to prosecution in accordance with Section
106.3 and as prescribed by the authority having jurisdiction. Upon
failure to comply with the notice of violation, any duly authorized
employee of the jurisdiction or contractor hired by the jurisdiction
shall be authorized to enter upon the property in violation and cut
and destroy the weeds growing thereon, and the costs of such removal
shall be paid by the owner or agent responsible for the property.
Noxious weeds shall be those listed on the noxious weed control list
found at 7 Pa. Code § 110.1, which list shall be available
at the Borough Office for inspection.
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302.8 Motor vehicles. Except as provided for in
other regulations, no inoperative motor vehicle shall be parked, kept,
or stored on any premises, and no vehicle shall at any time be in
a state of major disassembly, disrepair, or in the process of being
stripped or dismantled. Painting of vehicles is prohibited unless
conducted inside an approved spray booth.
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Exception: A vehicle of any type is permitted to
undergo major overhaul, including body work, provided that such work
is performed inside a structure or similarly enclosed area designated
and approved for such purposes.
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304.14 Insect screens. During the period from May
15 to October 15, every door, window and other outside opening required
for ventilation of habitable rooms, food preparation areas, food service
areas or any areas where products to be included or utilized in food
for human consumption are processed, manufactured, packaged or stored
shall be supplied with approved tightly fitting screen of not less
than 16 mesh per inch (16 mesh per 25 mm), and every hinged screen
door used for insect control shall have a self-closing device in good
working condition.
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308.1 Accumulation of rubbish or garbage. All exterior
property and premises, and the interior of every structure, shall
be free from any accumulation of rubbish or garbage, which includes,
but is not limited to, the keeping or depositing on or the scattering
over the premises of any of the following:
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A.
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Junk, trash or debris including but not limited to all waste,
refuse and discarded materials having only a junk or salvage value,
and garbage not contained in a safe sanitary and orderly manner in
a proper container for collection.
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B.
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Abandoned, discarded or unused objects or equipment such as
furniture, stoves, refrigerators, freezers, cans or containers.
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C.
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Maintaining or causing to be maintained upon any unenclosed
porch or exterior attachment, which faces a regularly traveled thoroughfare,
furniture, other than furniture designed for exterior use, which is
commonly intended for use inside a dwelling, including but not limited
to upholstered sofas, chairs, davenports, beds, divans and the like.
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Section 308.3.1, Garbage facilities, is deleted.
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308.3 Single occupant. The owner of a one-family
dwelling or a single-tenant structure shall be responsible for extermination
of the premises to ensure the continued rodent- and pest-free condition
of the structure.
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308.4 Multiple occupancy. The owner of a structure
containing two or more dwelling units, a multiple occupancy, or a
rooming house shall be responsible for the continued rodent- and pest-free
condition of the structure.
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308.5 Occupant. The owner of any structure shall
be responsible for the continued rodent- and pest-free condition of
the structure.
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SECTION 310
CARBON MONOXIDE DETECTORS
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310.1 General. An approved carbon monoxide (hereinafter
"CO") detector shall be installed in all dwelling units when a fossil
fuel or solid fuel appliance is utilized as the primary or supplemental
heat source.
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310.2 Installation. There are several options for
the installation of these devices:
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1.
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If the dwelling unit or guestroom contains a fuel-burning appliance
or has an attached garage, a CO detector is required to be provided
in the immediate vicinity of the sleeping rooms.
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2.
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If ductwork or ventilation shafts to a room containing a fuel-burning
appliance or to an attached garage connect the dwelling unit or guestroom,
a CO detector is required to be provided in the immediate vicinity
of the sleeping rooms.
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3.
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If the installation of CO detectors is not triggered by Subsection
1 or 2 above, but the building contains a fuel-burning appliance or
has an attached garage, common-area CO detectors are required to be
installed in the immediate vicinity of the room containing the fuel-burning
appliance and in the immediate vicinity of any ventilation shaft on
the floor containing the fuel-burning appliance and within two stories
above and below. Common-area CO detectors must be interconnected or
monitored. As an alternative, CO detectors can be installed in each
unit on the floor, two floors above and below.
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Approved detectors will be listed in accordance with UL-2034.
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310.3 Removal of battery. Removal of the battery
or power source from a carbon monoxide alarm, making the detector
inoperable, is a violation of this code and subjects that person to
the violation penalties.
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404.4 Minimum area requirements. The minimum area
requirements of Table 404.4A shall apply to all dwelling units, which
dwelling units shall not be occupied by more occupants than permitted
by the minimum area requirements of Table 404.4A.
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Table 404.4A
Minimum Area Requirements
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Space
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Minimum Area in Square Feet
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1-2 Occupants
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3-5 Occupants
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6 or More Occupants
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Living room*
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No requirements
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120
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150
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Dining room*
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No requirements
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80
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100
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Kitchen
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50
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50
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60
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Bedrooms
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Shall comply with Section 404.4.1
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Note:
*Â See Section 404.4.2 for combined living room/dining room
spaces.
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404.4.1 Bedroom requirements. Every bedroom used
by a single occupant shall contain at least 70 square feet of floor
area. Every bedroom used by more than one occupant shall contain at
least 50 square feet of floor for each additional occupant.
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404.4.2 Combined spaces. Combined living room and
dining room spaces shall comply with the requirements of Table 404.4A
if the total area is equal to that required for separate rooms and
if the space is located so as to function as a combination living
room/dining room.
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404.4.3 Water closet accessibility. Every room
used as a bedroom shall have access to at least one water closet located
on the same floor as the bedroom, except that this requirement shall
not apply to the only bedroom on a floor.
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404.5 Overcrowding. The number of persons occupying
a dwelling unit shall not create conditions that, in the opinion of
the Code Official, endanger the life, health, safety or welfare of
the occupants. In no event shall a residential dwelling unit house
more than three unrelated persons.
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404.6 Efficiency unit. Nothing in this section
shall prohibit an efficiency living unit from meeting the following
requirements:
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1.
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A unit occupied by not more than two occupants shall have a
clear floor area of not less than 220 square feet.
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2.
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The unit shall be provided with a kitchen sink, cooking appliance
and refrigeration facilities, which kitchen shall have at least the
minimum area requirements of Table 404.4A.
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3.
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The unit shall be provided with a separate bathroom containing
a water closet, lavatory, and bathtub or shower.
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4.
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The maximum number of occupants shall be two.
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506.1 General. All plumbing fixtures shall be properly
connected to a public sewer system.
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In Section 602.3, the following dates shall be added in the
areas that currently contain the word "DATE": The first "DATE" shall
be changed to "October 15," and the second "DATE" shall be changed
to "May 15."
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In Section 602.4, the following dates shall be added in the
areas that currently contain the word "DATE": The first "DATE" shall
be changed to "October 15," and the second "DATE" shall be changed
to "May 15."
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702.5 Dual egress. Every residential building exceeding
two stories in height above grade, not including basements, shall
be provided with not fewer than two approved independent exits from
each floor above the second floor, fully accessible to each occupant
on the floor.
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702.6 Basement egress. Every basement and each
sleeping room in. a basement shall have at least one operable window
or exterior door approved for emergency egress or rescue, or shall
have access to not less than two approved independent exits. An outside
window or exterior door for emergency escape is not required in buildings
equipped throughout with an automatic sprinkler system.
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704.3.1. Provision of power. All primary power
received by smoke alarms through the building wiring shall be provided
in a manner consistent with the supplying power company's rules and
regulations.
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704.5 Fire extinguishers. All residential buildings
or dwelling units shall have at least one 2.5 pound type ABC (1-A,
10-BC) portable fire extinguisher placed in the kitchen area of each
dwelling unit.
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704.5.1 Fire extinguisher maintenance. All fire
extinguishers shall be inspected and maintained annually in accordance
with NFPA-10, the Standard for Portable Extinguishers/1998 Edition.
Inspections of fire extinguishers must be conducted by a certified
extinguisher technician as defined by the Pennsylvania Fire Equipment
Distributors (PAFED) or the National Fire Equipment Distributors (NAFED)
specifications, or equivalent as approved by the Code Official.
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B.Â
A Chapter 9 shall be added to the Code, which shall be entitled "Residential Rental License."
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CHAPTER 9
RESIDENTIAL RENTAL LICENSE
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SECTION 901
GENERAL
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901.1 Rental license. No person shall rent any
residential property within the Borough of Shippensburg unless such
person has registered the property and received a valid current operating
license, issued by the Code Official in accordance with this code,
for the specified named or numbered regulated residential rental property.
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901.2 Property subject to registration and license requirement. A license shall be obtained by the owner(s) having a legal or equitable
interest in the property or the owner's agent for the following forms
of residential rental property:
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1.
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Single-family dwellings.
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2.
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Any number of single-family dwelling units.
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3.
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Hotels having more than six rooms.
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4.
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Motels having more than six rooms.
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5.
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Group housing.
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6.
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Any and all combinations of the forms of residential rental
premises listed above.
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7.
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Group home, nursing home or convalescent home: Registration
and licensing are required, and all applicable fees are required;
however, an inspection of a group home, nursing home or convalescent
home is not required, provided that a copy of a current approved inspection
report from the regulating federal or state agency is provided at
the time of registration or renewal of registration.
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901.3 Registration of rental units. The registration
of rental units shall be made on a form furnished by the Code Official
or Borough Manager and shall be completed in accordance with any instruction(s)
which may be given by the Code Official. The information provided
on the form shall include, but not be limited to, the following information:
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1.
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The name, address, and telephone number of the owner or owners
of the rental unit.
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2.
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The name, address, and telephone number of the local agent or
agents.
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3.
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The address of the residential rental property being registered.
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4.
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The type of residential rental property being registered.
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5.
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The number of rental units located at the residential rental
property being registered.
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6.
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If the residential rental property is a group home, nursing
home or convalescent home, a copy of a current approved inspection
report from the regulating federal or state agency must be furnished.
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7.
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The name of the tenant(s) who will occupy the rental unit(s).
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901.3.1 Time for registration. Any applicant for
renewal registration shall renew his or her registration by December
31 of each calendar year during which the property will be used as
a residential rental property.
[Amended 5-20-2021 by Ord. No. 952, approved 5-20-2021, effective
7-1-2021] | ||
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901.4 Licensing. Upon receipt of the fully completed
registration form and payment of the appropriate registration fee,
the Code Official or the Borough Manager, or his designee, shall,
within 30 days, issue a license to the owner or the owner's agent,
unless an inspection is required prior to licensing or the property
is in violation of this code, in which case a license shall not be
issued until such time as the property is in compliance with this
code.
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901.4.1 Newly licensed property. If the residential
rental property is being registered for the first time or is being
registered after a period of time during which it was not continuously
registered on an annual basis, then the Code Official shall schedule
an inspection of the premises within 30 days of receipt of a completed
registration form. Prior to receiving a license, the residential rental
property must fully comply with the provisions of this code. Occupancy
of the residential rental property prior to receiving a license shall
be a violation of this code.
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901.4.2 Display of license. The current residential
rental license shall be displayed on the property and available for
inspection by the Code Official.
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901.5 Inspections.
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1.
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Inspections shall be completed every third calendar year after
the initial inspection and issuance of the rental license, unless
the property is a newly licensed property according to Section 901.4.1,
in which case inspections shall be completed in accordance with that
section. Inspections shall be scheduled by the Code Official under
the direction of the Borough Manager or the Manager's designee.
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2.
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Inspections may also occur if a tenant files a complaint in
writing signed by the tenant at the Borough Office or with the Code
Official. The owner or owner's agent shall be notified of the complaint
and the owner or his agent may be present for the inspection. If no
violation(s) of this Code is found to exist by the Code Official,
the tenant who filed the complaint shall be responsible for the cost
of the inspection. If a violation of this code is found by the Code
Official in the course of the inspection, the owner or owner's agent
shall be responsible for the cost of the inspection.
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901.6 Fees. Fees for registration and inspection
shall be as follows:
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1.
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Fees for the inspection of rental units shall be set by resolution
by the Council of the Borough of Shippensburg.
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2.
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Fees for registration of rental units shall be set by resolution
by the Council of the Borough of Shippensburg.
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3.
|
Follow-up inspection. In the event that a unit fails to pass
the initial and follow-up inspection, the owner or owner's agent shall
be charged a fee set by resolution by the Council of the Borough of
Shippensburg.
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4.
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Failure to keep scheduled appointments. If the owner or owner's
agent fails to allow full inspection of the premises at the scheduled
appointment time, the owner or owner's agent shall be charged a fee
set by resolution by the Council of the Borough of Shippensburg.
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SECTION 902
OWNERSHIP
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902.1 Transfer of ownership. If the ownership of
a registered residential rental property is transferred, whether it
is legal or equitable, the registration and license shall be invalid
on the date of transfer of ownership, unless the new owner has submitted
an application for registration and licensing within 10 days of the
date of transfer, in which case the property, if currently occupied,
may continue to be occupied; however, such occupancy shall be contingent
upon the new owner receiving a license in accordance with this code.
If the new owner fails to submit an application for registration and
license within 10 days of the date of transfer, or the new owner does
not receive a license in accordance with this code, the property cannot
be occupied as a rental property, and any rental occupancy of the
property is a violation of this code.
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902.2 Lease-purchase agreements. Any property that is being occupied and currently subject to a lease-purchase agreement between the occupants of the property and the owner of record, and which lease-purchase agreement is recorded in the Recorder's Office of the County in which the property is located, shall not be subject to the requirements of Chapter 9. The burden of proving a valid lease-purchase agreement under this section shall be on the owner or occupant claiming the exemption from the requirements of Chapter 9.
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SECTION 903
VIOLATIONS OF CHAPTER 9
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903.1 Occupancy without license. It shall be unlawful
for any owner or owner's agent to allow a residential rental property
to be occupied without being registered and holding a valid residential
rental license. Further, it shall be unlawful for any owner or owner's
agent to offer for rent, lease, or occupancy unless the residential
rental property is currently registered and holds a valid residential
rental license.
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903.3 Form of notice. The notice required in Section
903.2 shall conform to the following:
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1.
|
Be in writing.
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|
2.
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Include the address of the residential rental property in violation.
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3.
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Include a statement of the violation and why the violation is
being issued.
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4.
|
Include a statement allowing the owner or owner's agent 30 days in which to bring the residential rental property into compliance with Chapter 9.
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|
5.
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Inform the property owner of the right to appeal.
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|
6.
|
Include a statement of the right to seek an administrative search
warrant to inspect the residential rental property and the right to
take action to prevent or terminate occupancy of the residential rental
property.
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|
903.4 Prosecution of violation of Chapter 9. Any
person failing to comply with a notice of violation or order served
in accordance with Section 903.3 shall be deemed guilty of a summary
offense. If the notice of violation is not complied with, the Code
Official may institute the appropriate proceedings at law or in equity
to restrain, correct, or abate such violation, or to require the removal
or termination of the unlawful occupancy of the structure in violation
of the provisions of this code or of the order or direction made pursuant
thereto. Any corrective action taken by the authority having jurisdiction
over such premises may be charged against the real estate upon which
the structure is located and shall be a lien upon such real estate.
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903.5 Penalties. A violation of Chapter 9 shall be subject to the penalties provisions of Section 106.4.
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All ordinances or parts of ordinances inconsistent
herewith are hereby repealed, provided that nothing herein shall be
construed to authorize any use, other activity or structure prohibited
under the Shippensburg Borough Zoning Ordinance of 1964, as amended.[1]
