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:
BOROUGH
The Borough of Denver, Lancaster County, Pennsylvania.
CODE ENFORCEMENT OFFICER
A person designated by Borough Council to enforce this chapter,
including issuance of residential rental licenses and the issuance
of citations.
CODES
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.
COUNTY
The County of Lancaster.
DESIGNEE
A person retained by an owner to be responsible for one or
more residential rental units within the Borough.
HOTEL UNIT
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.
OCCUPANT
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.
OWNER
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.
PERSON
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.
PERSONAL CARE HOME
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.
PREMISES
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.
PROPERTY MAINTENANCE CODE
The Borough Property Maintenance Code enacted as Chapter
140 of the Code of ordinances, as it may be amended in the future.
RENTAL INSPECTOR
A person designated by Borough Council to perform inspections
of residential rental units. The Rental Inspector may also serve as
the Code Enforcement Officer.
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.
ROOMING UNIT
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.
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.
F. Maintain the residential rental unit in a manner meeting
all requirements for occupants of structures set forth in the Property
Maintenance Code.
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.
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, 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.