[HISTORY: Adopted by the Borough Council
of the Borough of Denver 7-11-2005 by Ord. No. 551. Amendments noted where
applicable.]
The purpose of this chapter and the policy of
the Borough of Denver 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 within the Borough. As a means to these
ends, this chapter provides for a systematic inspection program, registration
and licensing of residential rental units, and penalties.
Unless otherwise expressly stated, the following
terms shall, for the purpose of this chapter, have the meanings indicated
as follows:
The Borough of Denver, Lancaster County, Pennsylvania.
A person designated by Borough Council to enforce this chapter,
including issuance of residential rental licenses and the issuance
of citations.
Any state or local code or ordinance adopted, enacted or in effect in and for the Borough, including, but not limited to, the Building Code, codified as Chapter 94; the Property Maintenance Code, codified as Chapter 140; the Zoning Ordinance, codified as Chapter 200; and general nuisance ordinances.
The County of Lancaster.
A person retained by an owner to be responsible for one or
more residential rental units within the Borough.
Any room or group of rooms located within a hotel, motel,
or bed-and-breakfast forming a single habitable unit used or intended
to be used for living and sleeping only on a transient basis for a
period of less than 30 days for a hotel or motel, and no more than
seven consecutive days for a bed-and-breakfast.
Any person over one year of age living and sleeping in a
residential rental unit or having actual possession of said residential
rental unit for a period of 30 days during the calendar year.
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 copartnership, each such person shall
be considered an owner and shall have all of the duties of an owner
under this chapter.
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 corporation.
A premises in which food, shelter, and personal assistance
or supervision are continually provided for four or more adults who
are not relatives of the operator, who do not require the services
in or of a licensed long-term facility, but who do require assistance
or supervision in matters such as dressing, bathing, diet, financial
management, evacuation of a residence in the event of an emergency,
or medication prescribed for self-administration and which meets regulations
of any applicable government licensing agency.
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 Borough Property Maintenance Code enacted as Chapter 140 of the Code of ordinances, as it may be amended in the future.
A person designated by Borough Council to perform inspections
of residential rental units. The Rental Inspector may also serve as
the Code Enforcement Officer.
A document issued by the Code Enforcement Officer to the
owner of a residential rental unit.
A rooming unit, or a dwelling unit let for rent, or a residential
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 shall not include a hotel unit or a personal care home.
A residential rental unit includes dwelling units under lease-purchase
agreements, or long-term (greater than six months) agreements of sale.
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.
It shall be the duty of every owner to:
(1)
Keep and maintain all residential rental units in compliance with all applicable Codes and provisions of all applicable state laws and regulations, including but not limited to Chapter 200, Zoning.
(2)
Keep and maintain all premises in good and safe condition.
(3)
Be aware of, and to act to eliminate disruptive conduct
in all residential rental units.
(4)
Employ policies and to manage the residential rental
units under his/her control in compliance with the provisions of this
chapter, Borough codes and applicable state laws.
(5)
Pay or insure payment of all real estate taxes, water
rates, and sewer rates to insure that such vital utilities are provided.
(6)
Obtain and maintain a residential rental license for
each residential rental unit.
(7)
Provide the Borough within 30 days of the names of
all tenants of the residential rental unit and notify the Borough
of changes in the occupancy of the residential rental unit.
(8)
Provide trash and recyclable collection and disposal
services and instruct tenants of the method of trash and recyclable
collection (e.g., curbside or dumpster) and, if applicable, the day
of week of trash and recyclable pickup.
(9)
Provide each tenant with a disclosure statement containing
the requirements of this chapter, including the provisions relating
to disruptive conduct. Provision of a copy of this chapter to each
tenant will satisfy this requirement.
(10)
Take all actions necessary to insure that each residential rental unit is occupied by only one family. For the purposes of this subsection, a "family" shall be considered to be a "family" as that term is defined in Chapter 200, Zoning.
(11)
Require a written rental agreement for each
residential rental unit.
(12)
Retain a designee when this chapter requires
that a designee be designated.
C.
It shall be unlawful for any person to conduct or
operate or cause to be rented either as owner or designee any residential
rental unit within the Borough without having a residential rental
license as required by this chapter.
D.
The owner and, if applicable, the designee shall include the amendment attached hereto as Exhibit A, identified as "Addendum to Residential Rental Agreement" in each lease of a residential rental unit taking effect on or after September 1, 2005.[1]
[1]
Editor's Note: The Addendum to Residential Rental Agreement is included at the end of this chapter.
E.
It shall be the responsibility of every owner and
every designee of any building where there is a common area used by
two or more tenants to display the residential rental license in the
common area. It shall be the responsibility of every owner and every
designee to demonstrate that he or she has provided the tenant with
a copy of the license for any rental unit where there is no common
area. The residential rental license shall include the following information:
(1)
The name, mailing address and telephone number of
the owner or designee.
(2)
The evenings on which garbage and recycling are to
be placed curbside for collection.
(3)
The telephone number to call to register complaints
regarding the physical condition of the residential rental unit.
(4)
The telephone number for emergency police, fire and
medical services.
(5)
The date of expiration of the residential rental license.
(6)
A summary of the owner's and occupant's duties under
this chapter.
F.
No residential rental license shall be issued to any
owner residing more than 50 miles from the municipal limits of the
Borough unless the owner provides the Code Enforcement Officer with
the name, mailing address, and telephone number of a designee residing
within 50 miles from the municipal limits of the Borough, who is authorized
to accept service of process on behalf of the owner. For the purpose
of this subsection, a post office box is not acceptable for the designee's
address. This designation shall not be valid unless signed by the
owner and the designee designated to act on behalf of the owner. The
owner shall notify the Code Enforcement Officer within 30 days of
any change in designee.
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 chapter.
B.
If, in response to a complaint, an exempt unit is
found to be in violation of a Code, the owner and, if applicable,
the designee shall correct the violation(s) within the time frame
cited by the Code Enforcement Officer. If the violation(s) is/are
not corrected, the unit shall lose its exemption until the violation(s)
is/are corrected. If three verified complaints are received in any
twelve-month period, the unit shall lose its exemption from the requirement
to obtain a license for a period of five years.
Each occupant of a residential rental unit shall
have the following duties:
A.
Comply with all obligations of this chapter 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 their
residential rental unit with their consent, to conduct themselves
in a manner that will not disturb the peaceful enjoyment of the premises
by others and that will not 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 chapter, Codes,
Borough ordinances, or applicable state laws.
D.
Use the trash and recyclable collection services provided
by the owner.
E.
Use the residential rental unit for no purpose other
than as a residence.
G.
Allow the Rental Inspector and/or the Code Enforcement
Officer to inspect the residential rental unit in accordance with
this chapter at reasonable times.
H.
Not allow persons other than those identified on the
lease to reside in the residential rental unit.
I.
Not allow the residential rental unit to be occupied by more than one family. For the purpose of this subsection, a "family" shall be considered to be a "family" as that term is defined in Chapter 200, Zoning.
J.
Not permit the possession of, serving to or consumption
of alcohol by underage persons.
A.
The owner or designee of each residential rental unit
shall apply for and obtain an annual residential rental license for
each residential rental unit by January 1 of each calendar year; provided,
however, that in 2005 the owner or designee of each residential unit
who previously obtained a permit under Chapter 11, Part 1, as in effect
prior to July 11, 2005, shall apply for and obtain a residential rental
license for 2005 only if there is a change in circumstances relating
to such residential rental unit after July 11, 2005.
B.
Prior to initial occupancy of newly constructed residential
rental units, newly created residential rental units, or substantially
rehabilitated residential rental units, the owner or designee shall
register with and make written application to the Code Enforcement
Officer for a residential rental license as herein provided.
C.
The Code Enforcement Officer shall issue residential
rental license if the owner provides the name, address and phone number
of a designee (if applicable), pays the registration fee, submits
a complete and accurate occupant listing for the residential rental
unit and is current on real estate taxes, water rates, and sewer rates
for the residential rental unit.
D.
The Code Enforcement Officer shall deny and may revoke
a residential rental license if the owner does not provide the name,
address and phone number of a designee (if applicable), does not pay
the annual registration fee, is not current on real estate taxes,
water rates, or sewer rates for the residential rental unit, does
not submit a complete and accurate occupant listing for residential
rental unit with the application for renewal of the residential rental
unit license or within one month after a change in the identity of
the occupants of the residential rental unit, and/or does not correct
a code violation within the time frame cited by the Code Enforcement
Officer.
E.
The Code Enforcement Officer shall deny and may revoke
a residential rental license if the following occur within the licensed
residential rental unit or on the premises:
(2)
Occurrence of three violations of this chapter and/or
of any other Borough codes or ordinances that apply to the residential
rental unit or premises during the term of the license. Before an
occurrence may be considered a violation there must be either (i)
a summary conviction or (ii) the Code Enforcement Officer must send
the owner a written notice of the violation within 30 days of the
incident and the period for the owner to file an appeal from the determination
of the Code Enforcement Officer must have expired.
F.
The Code Enforcement Officer shall forward written
notice to the owner if the Code Enforcement Officer will deny, refuse
to renew or revoke a residential rental license. The notification
shall (i) identify the residential rental unit; (ii) the grounds for
the denial, nonrenewal or revocation, including the factual circumstances
and the section of this chapter supporting such determination; and
(iii) informing the owner of the right to appeal the denial, nonrenewal
or revocation of the residential rental license to Borough Council
under this chapter.
G.
The Code Enforcement Officer may reinstate a residential
rental license if the owner or designee corrects the reason for the
revocation of the residential rental license and has paid the residential
rental license reinstatement fee.
Prior to initial occupancy of newly constructed
residential rental units, newly created residential rental units,
or substantially rehabilitated residential rental units (as documented
by a certificate of occupancy), the owner or designee shall register
with and make written application to the Code Enforcement Officer
for a residential rental license as herein provided.
A.
Initial inspections will occur in accordance with
a systematic inspection program to be prepared and made available
upon request by the Code Enforcement Officer. A minimum 30 days written
notice shall be given for all initial inspections. The penalty for
not allowing an inspection shall be revocation of the residential
rental license.
B.
The Rental Inspector shall inspect residential rental
units after completion of the initial inspections under this chapter
in accordance with a systematic program. The Rental Inspector also
shall inspect residential rental units upon a change in occupancy
of the residential rental unit, upon receipt of complaints, or for
any other reasonable cause.
C.
If the Code Enforcement Officer, upon completion of
the inspection by the Rental Inspector, finds that the applicable
Codes have not been met, the Code Enforcement Officer shall issue
notices and, if appropriate, commence enforcement actions under the
procedure set forth in the Code which has been violated. The following
notices shall be issued to the owner of the residential rental unit
or the designee. Notice provided to a manger shall be deemed notice
provided to the owner.
(1)
If the Code Enforcement Officer finds violations warranting
condemnation of the residential rental unit under the Property Maintenance
Code, in addition to the remedies under the Property Maintenance Code,[1] the Code Enforcement Officer shall:
(a)
Issue a 10 Day Notice of Violation; and
(b)
If after 10 days from the date of the 10 Day
Notice of Violation, a reinspection reveals that the violations are
not corrected and arrangements satisfactory to the Code Enforcement
Officer have not been made, the residential rental license for the
residential rental unit shall be revoked, and if the residential rental
unit is vacant, it shall remain vacant.
(2)
If the Code Enforcement Officer finds violations not
warranting condemnation of the residential rental unit under the Property
Maintenance Code, the Code Enforcement Officer shall issue a 30 Day
Notice of Violation.
(a)
If after 30 days from the date of the 30 Day
Notice of Violation, the first reinspection reveals that all violations
have not been corrected, a 30 Day Legal Action Warning shall be issued.
(b)
If after 30 days from the date of the 30 Day
Legal Action Warning, the second reinspection reveals that all violations
have not been corrected, the Code Enforcement Officer shall revoke
the residential rental license for the residential rental unit, and
if the residential rental unit is vacant, it shall remain vacant.
(c)
The Code Enforcement Officer shall maintain
a list of all residential rental units and their ownership that have
been the subject of prosecution during the preceding five years.
D.
In addition to the other inspections required under this chapter, the Borough shall inspect each residential rental unit at least every three years. A minimum 30 days' written notice shall be given for such inspections. The penalty for not allowing an inspection shall be revocation of the residential rental license. An appeal may be taken from the revocation as provided for in § 144-9 to Borough Council.
[Added 10-12-2020 by Ord. No. 668]
A residential rental license shall not be transferred.
In the case of licensed residential rental units that are sold or
transferred, the new owner shall seek a residential rental license
for each residential rental unit and have each residential rental
unit inspected. Failure to seek a residential rental license for each
residential rental unit within 60 days of the date of sale or transfer
of ownership shall result in the revocation of the residential rental
license.
An appeal from any decision of the Code Enforcement
Officer shall be taken to Borough Council. Such appeal shall be made
in writing within 10 working days after such decision has been made.
The appeal shall be verified by an affidavit, shall state the grounds
therefore and shall be filed with the Borough Secretary. The appeal
shall be accompanied by the appeal fee which shall be established
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 prompt decision on such appeal. Borough Council shall render a written
decision, copies of which shall be provided to the Code Official and
the appellant.
A.
Violations. It shall be a violation of this chapter
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 chapter.
(2)
To refuse to permit inspections required under this
chapter for a residential rental unit.
(3)
To fail to perform the duties established by § 144-3 of this chapter if such person is an owner or a designee of a residential rental unit.
(4)
To fail to perform the duties established by § 144-5 of this chapter if such person is an occupant of a residential rental unit.
(5)
To place false information on or to omit relevant
information from an application for a residential rental license.
(6)
To fail to comply with any other provision of this
chapter.
B.
Penalties and remedies:
(1)
Allowing occupancy of a residential rental unit after
the residential rental license has been revoked: A fine of not less
than $500 per residential rental unit for each month the violation
exists. Each month the violation exists constitutes a separate violation.
(2)
Failure to seek a residential rental license:
(a)
The owner or designee shall be sent a 30 Day
Notice of Violation, warning them of their failure to comply with
the terms of this chapter. If they do not comply at the end of 30
days, there shall be a fine of not less than $500 per residential
rental unit for each month the violation exists. Each month the violation
exists constitutes a separate violation.
(3)
Whoever violates any other provision of this chapter
shall upon a first offense be fined not more than $1,000 or imprisoned
not more than 30 days, or both.
(4)
In addition to prosecution of persons violating this
chapter, the Code Enforcement Officer 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 person, to effect the provisions of this chapter.
(5)
The provisions of this section and the provisions
of this chapter governing revocation, suspension or nonrenewal of
residential rental licenses shall be independent, non-mutually exclusive,
separate remedies, all of which shall be available to the Borough
as may be deemed appropriate. The remedies and procedures in this
chapter are not intended to supplant or replace, to any degree, the
remedies provided to the Borough in Property Maintenance Code,[1] Chapter 200, Zoning, or any other Code.
