[HISTORY: Adopted by the City Council of the City of Lancaster
as indicated in article histories. Amendments noted where applicable.]
[Adopted 2-10-2009 by Ord. No. 1-2009[1]; amended in its entirety 9-27-2022 by Ord. No. 18-2022. Subsequent amendments noted where applicable.]
[1]
Editor's Note: This ordinance also repealed former Ch. 238,
Rental Property, adopted 9-9-2008 by Ord. No. 12-2008.
A.Â
Purposes.
(1)Â
The provisions of this article shall apply to any structure or part
thereof that is or shall be used as a residential rental property
or residential rental unit and constitutes the minimum requirements
and standards for the premises, structures, equipment and facilities
for light, ventilation, space, heating, sanitation, protection from
the elements, life safety, safety from fire and other hazards, and
for safe and sanitary maintenance in the City of Lancaster, Lancaster
County, Pennsylvania.
(2)Â
This article governs the inspection, maintenance and issuance of
licenses for such residential rental properties and residential rental
units within the City of Lancaster.
(3)Â
This article repeals and replaces any previous ordinance addressing residential rental licenses and/or the inspection and maintenance of residential rental properties and residential rental units and specifically those referenced in Chapter 238 of the Code of the City of Lancaster. It is the intent of the City Council of the City of Lancaster for this single article to govern with regard to the licensing of residential rental properties and residential rental units located within the City. Other ordinances, including but not limited to those relating to property maintenance, Building Code standards, and Fire Code standards shall, however, continue to apply and shall not be repealed hereby.
B.Â
Findings.
(2)Â
In general, there is a greater incidence and greater severity of
violations of various codes of the City of Lancaster at residential
rental properties then at owner-occupied residential properties.
(3)Â
In general, there is a greater incidence of maintenance and upkeep
problems with residential rental properties than owner-occupied residential
properties.
(4)Â
In general, there is a greater incidence of disturbances which adversely
affect the peace and quiet of the neighborhood caused by persons of
residential rental property than owner-occupied residential properties.
(5)Â
Systematic inspection processes can avoid life-threatening problems,
such as lack of functioning smoke detectors and other dangerous Code
violations.
(6)Â
Licensing systems such as the one adopted hereby provide the City
and emergency responders with up-to-date information to utilize for
critical communication purposes and to assure that tenants are properly
protected and reside in safe and habitable properties.
(7)Â
A residential rental property licensing program provides an efficient
system for compelling both absentee and local landlords to correct
violations and maintain, in proper condition, residential rental properties
within the City.
(8)Â
The City of Lancaster's Discrimination Ordinance codified in Chapter 125 of the Code of the City of Lancaster mandates equal opportunity for all persons concerning employment, housing and commercial property, education, public accommodations, lending practices and real estate practices without regard to race, color, religion, ancestry, national origin, sex, age, familial status, sexual orientation, marital status, possession of a GED, handicap or disability or the use of a support animal or because the user is a handler or trainer of support or guide animals. The City of Lancaster's residential rental property licensing program shall be administered without discrimination.
The terms used herein shall have the meaning ascribed to them in the City's Property Maintenance Code, codified as Chapter 223 of the Code of the City of Lancaster. Additionally, the following words, terms, and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:
The City of Lancaster, Lancaster County, Pennsylvania.
Any inspector or employee of the City empowered to act as
a Code Official by the Director of the Department of Community Planning
and Economic Development including without limitation: bureau chiefs,
deputy directors, technical officers, and inspectors. When acting
within the scope of their appointment, Code Officials shall have the
power of a police officer of the City of Lancaster; provided, however,
that under no circumstances shall they have the power of arrest.
Any act by an occupant of a residential rental unit or by a
person present at a residential rental unit that:
Is so loud, untimely as to the time of day, and/or nuisance-causing
that it unreasonably interferes with the peaceful enjoyment by other
persons of their premises or causes damage to property that is owned
by others;
Involves music or noise that is disruptive to persons occupying
a different dwelling unit;
Involves music that is audible from a street, sidewalk or dwelling
from a minimum distance of 50 feet away from where the sound is originating;
Is the subject of a criminal citation for disorderly conduct
under the Pennsylvania Crimes Code;[1]
Is the subject of a criminal citation under the Pennsylvania
Crimes Code or the Pennsylvania Liquor Code;[2]
Involves the illegal possession of a controlled substance or
drug paraphernalia as defined by the Crimes Code or the Controlled
Substance, Drug Device and Cosmetic Act.[3]
It is not necessary that such conduct, action, incident or behavior
constitute a criminal offense, nor that criminal charges be filed
against any person in order for said person to have perpetrated, caused
or permitted the commission of disruptive conduct, as defined herein;
provided, however, that no disruptive conduct will be deemed to have
occurred unless a police officer shall investigate and make a determination
that such did occur, and keep written records, including a disruptive
conduct report, of such occurrences. The occupant and the owner or,
if applicable, the responsible agent shall be notified of any such
occurrences, in writing.
A domestic victim with a protection from abuse order shall not
be subject to a disruptive conduct report if the police officer determines,
after investigation, that the behavior complained of is the result
of domestic violence.
A letter from the City advising that a disruptive conduct
report has been filed and containing the date and time of the occurrence;
a description of the conduct; and information regarding rights to
appeal a finding of disruptive conduct.
A written report of disruptive conduct to be completed by
a police officer, which shall be maintained by the Bureau of Police.
A building or part thereof occupied as a residence.
A single unit providing independent living facilities for
one or more persons, including provisions for living, sleeping, eating,
cooking and sanitation. For purposes of this article, a dwelling unit
includes, amongst other dwelling units, a single apartment or efficiency,
a single-family house, a dwelling unit within a multifamily house,
and dwelling units within other types of facilities.
A commercial lodging establishment that offers units for
sleeping purposes to transient guests and which provided twenty-four-hour
service for receiving and assisting guests.
Any person over one year of age living and sleeping in a
residential rental unit or having actual possession of such residential
rental unit.
Any person, agent, operator, housing authority or fiduciary
having legal, equitable or other interest in any real property; as
recorded in the official records of the state, county or municipality
as holding title to the real property; or otherwise having control
of the real property, including the guardian of the estate of such
person and the executor or administrator of such person's estate.
When used in this article in a clause proscribing any activity or
imposing a penalty, the term, as applied to partnerships and associations,
shall mean each general party; as applied to corporations, the officers
thereof; and as applied to limited liability companies, the members
and any managers thereof.
An individual or business certified or licensed by the Commonwealth
of Pennsylvania to manage residential rental property, or who takes
responsibility for the care, maintenance, tenant management and supervisions
of the residential rental property under contract with the owner,
including receiving notices, citations, or other mail from the City
on behalf of the owner.
Any spouse or child of an owner, or any corporation, limited
liability company, partnership or other entity in which the owner,
the owner's spouse or an owner's child has an ownership
interest, whether equitable or legal.
A document issued by the Bureau of Property Maintenance and
Housing Inspections of the City of Lancaster to the owner and property
manager. If applicable, of a residential rental unit certifying the
residential rental unit as licensed for being rented, hereinafter
referred to as "license."
Any parcel of real estate, including land and all buildings
and appurtenant structures and dwellings thereon that contain therein
one or more residential rental units. Whenever the word "property"
is used herein, it shall mean residential rental property as defined
by this definition.
A dwelling let for rent; or a residential unit occupied by
any persons other than are 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,
each individual until in a two-family dwelling, and each rooming unit
shall be considered a separate residential rental until. A residential
rental unit shall not include a hospital room utilized for medical
services. Whenever the word "unit" is used herein, it shall mean "residential
rental unit" as defined by this definition.
Any person or entity that serves as the principal contact
for an owner that does not reside in Lancaster County, Pennsylvania.
A building arranged or occupied for lodging, with or without
meals, for compensation and not occupied as a one- or two-family dwelling.
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 fully furnished single-family dwelling that is rented on
a short-term basis by written contract to registered guests visiting
the Lancaster area and that is not occupied by an owner or manager.
Guests have use of the facilities as provided for in any contract
or agreement with the owner or management company, and no services,
such as meals or house cleaning, are provided to the guests.
An occupant of a unit with whom a legal relationship with
the owner is established by a lease or other enforceable agreement
under the laws of the Commonwealth of Pennsylvania.
A.Â
A license must be issued prior to the occupancy of the dwelling unit
as a residential rental unit.
B.Â
Issuance of a license is subject to:
(1)Â
Submission of the rental license application;
(2)Â
Payment of license fee according to the fee structure established
from time-to-time by resolution of City Council;
(3)Â
Confirmation that a responsible agent for the property has been designated,
if required;
(4)Â
Confirmation that there are no outstanding water, sewer, solid waste
or recycling fees or municipal taxes owed to the City related to such
property or residential rental unit;
(5)Â
An initial inspection verifying that the property is compliant with all provisions of Chapter 223 and all other applicable codes and ordinances of the City; and
(6)Â
All other provisions in this article are met.
C.Â
Each license shall remain in force for two years from the date of
issuance unless sooner revoked in accordance with the Code of the
City of Lancaster, with the exception of short-term rentals. Short-term
rental licenses will remain in force for one year from the date of
issuance and must be renewed annually.
D.Â
No owner or property manager may offer for rent or assist in offering
for rent, by advertising or otherwise, any residential rental unit
without first obtaining a license.
E.Â
Licenses will be in the form of and contain the information set forth
in the policies and procedures promulgated pursuant to this article.
F.Â
Licenses may be transferred to a new owner at the time a property
is sold. A rental license application must be submitted with updated
contact information of new owner within 10 days of sale. Such notice
shall include the name and address of the person succeeding to the
ownership or control. When as part of a property sale agreement or
transfer the owner of a single-family residential property negotiates
a post-settlement agreement to stay in the property after the transfer
of ownership to the purchaser for 180 days or less, the property is
not required to have a license. The fee for transferring a license
shall be set from time to time by resolution of City Council.
The issuance of a license is not a representation by the City
that the residential rental unit and/or the building in which it is
located is in compliance with the codes. The issuance of a license
indicates that the residential rental unit did not have any patently
dangerous conditions as of the date of inspection. However, neither
the enactment of this article nor the issuance of a license shall
impose any liability upon the City for any errors or omissions which
resulted in the issuance of such license, nor shall the City bear
any liability not otherwise imposed by law.
A.Â
The City may revoke or suspend a license for violation of any provision
of this article.
B.Â
If the City revokes or suspends a license, the City will issue a
notice to the owner and/or responsible agent and property manager
that the license has been revoked or suspended.
C.Â
Renting a residential rental unit following the revocation or suspension
of a license will be subject to the penalties set herein.
D.Â
If a license is revoked or suspended and the residential rental unit
is vacant, it shall remain vacant until such time as the license is
reinstated.
E.Â
In order to reinstate the license, the owner must pay the reinstatement
fee established from time to time by resolution of City Council, and
reapply for a license.
A.Â
All property owned by the Lancaster City Housing Authority (LCHA)
which is inspected annually by that agency to assess compliance with
federal standards established by the United States Department of Housing
and Urban Development or state standards established by the Pennsylvania
Housing Finance Agency shall be exempt from the licensing provisions
of this article. Such properties shall, however, be subject to all
other provisions of this article. The inspection provisions of this
article shall, however, remain applicable.
B.Â
LCHA agrees to pay a one-time registration fee for any residential
high rise and a one-time fee for all LCHA-owned scattered site properties
(no per-property fee). This fee will be established from time to time
by resolution of City Council.
C.Â
All property possessing a current residential health care facilities
license issued by the Commonwealth of Pennsylvania may apply to be
exempt from the licensing fee provisions of this article in the manner
provided for by the City and shall receive said exemption upon submission
of a formal request for exemption and a copy of the current residential
health care facilities license issued by the Commonwealth of Pennsylvania.
D.Â
Hotels, if they are certified and inspected by the state.
It shall be the duty of every owner or property manager of a
residential rental property to:
A.Â
Obtain and maintain a license for each residential rental unit.
B.Â
Keep and maintain all residential rental units in compliance with all applicable codes, ordinances and provisions of all applicable local and state laws and regulations, including but not limited to Chapter 223, Property Maintenance, Chapter 182, Lead Poisoning Prevention and Lead Hazard Control, and Chapter 300, Zoning.
C.Â
Be aware of, and to act to eliminate, disruptive conduct in all residential
rental units.
D.Â
Employ policies to manage the residential rental units under his/her
control in compliance with the provisions of this article and applicable
state laws.
E.Â
Pay or ensure payment of all real estate taxes, sewer rates, water
rates, and trash collection fees to ensure that such vital utilities
are provided.
F.Â
Maintain and make copies of all written leases under which each residential
rental unit is occupied and available for inspection upon request
of the Code Official. Such written leases shall indicate the name
of the occupants of each residential rental unit and the term of the
lease.
G.Â
Provide instructions for trash and recyclable collection and disposal
(e.g., curbside or dumpster) and, if applicable, the day of week of
trash and recyclable pickup.
H.Â
Provide each tenant with a disclosure statement containing the requirements
of this article, including the provisions relating to disruptive conduct.
Providing a copy of this article to each tenant will satisfy this
requirement.
I.Â
Provide, upon request of the City, a written rental agreement for
each residential rental unit which shall include the names of all
permitted occupants and their relationship to each other.
J.Â
Owners or property managers shall display the license in the residential
rental unit for which it was issued.
L.Â
Any owner to whom a license has been issued or any owner of property
who subsequently changes her/his place of residence or who changes
the designation of a responsible agent shall notify, in writing, the
Bureau of Property Maintenance and Housing Inspections within 10 days
after such change.
A.Â
The owner may contract a property manager to manage residential rental
units under their ownership. If the owner has contracted with a property
manager, the owner shall provide the City with a designation of authorized
property manager form or a copy of the contract within 10 days of
signed contract.
B.Â
The owner is required to provide an updated designation of authorized
property manager form or a copy of the contract within 10 days if
the property manager changes.
C.Â
A property manager shall be authorized to receive notices and communications
necessary or deemed to be appropriate under the terms of the codes
of the City of Lancaster on behalf of the owner, including notices
of violations and citations; provided, however, that nothing contained
herein shall affect the right of the City of Lancaster to submit notices
and communications directly to the owner, rather than to the property
manager. All duties in this article are the ultimate responsibility
of the owner.
A.Â
If the owner has contracted with a property manager, the property
manager shall be jointly and separately responsible to fulfill all
of the obligations set forth in this article and each shall be separately
subject to prosecution for the violation of this article. All duties
in this article are the ultimate responsibility of the owner of the
property.
B.Â
If any residential rental unit is owned by more than one person or
entity, in any form of joint tenancy, as a partnership or otherwise,
each person or entity shall be jointly and separately responsible
for the duties imposed under the terms of this article and shall be
separately subject to prosecution for the violation of this article.
A.Â
If the owner, officer, or partner of the company owning the property
is not a full-time resident of the County of Lancaster, then the owner
shall designate a person to serve as a responsible agent who does
reside within the County of Lancaster.
B.Â
If the owner is required to designate a responsible agent, the owner
shall provide the City with a designation of responsible agent form
signed by the owner and the responsible agent at the time of application
for a license. A post office box shall not be considered a valid address.
C.Â
The owner is required to provide an updated designation of responsible
agent form signed by the owner and the responsible agent within 10
days if the responsible agent changes.
D.Â
A responsible agent shall be authorized to receive notices and communications
necessary or deemed to be appropriate under the terms of the codes
of the City of Lancaster on behalf of the owner; provided, however,
that nothing contained herein shall affect the right of the City of
Lancaster to submit notices and communications directly to the owner,
rather than to the responsible agent. All duties in this article are
the ultimate responsibility of the owner of the property.
A.Â
It shall be the duty of every occupant of a residential rental property
to:
(1)Â
Comply with all obligations of this article and all applicable codes
and City ordinances, as well as all state laws and regulations.
(2)Â
Conduct himself/herself and require other persons, including, but
not limited to, guests on the property and within his/her residential
rental unit with his/her consent, to conduct themselves in a manner
that will not disturb the peaceful enjoyment of adjacent or nearby
dwellings by people occupying the same.
(3)Â
Not engage in, nor tolerate, nor permit others on the property to
cause damage to the residential rental unit or engage in disruptive
conduct, or other violations of this article, City ordinances, or
applicable state laws.
(4)Â
Use the trash and recyclable collection services.
(5)Â
Use the residential rental unit for no purpose other than as a residence or as permitted by Chapter 300, Zoning.
(6)Â
Maintain the residential rental unit in a manner meeting all requirements
for occupants of structures set forth in the codes.
(7)Â
Allow the Code Official to inspect the residential rental unit in
accordance with this article at reasonable times.
(8)Â
Not allow persons other than those identified on the lease to reside
in the residential rental unit.
(9)Â
Not permit the possession of, serving to or consumption of alcoholic
beverages by underage persons.
B.Â
This article shall not be construed as diminishing or relieving the
responsibility of occupants or their guests for their conduct or activity.
A.Â
It is the right of every tenant and resident to report any alleged violation of City codes to the appropriate City official. An owner or property manager shall not evict a tenant in retaliation for the reporting of alleged code violations as defined in Chapter 182 and Chapter 223 of the City Code. This defense to eviction shall not be available to tenants or occupants being evicted pursuant to disruptive conduct provisions in § 238-15 of this article.
B.Â
If, in an appeal proceeding, a Magisterial District Judge determines that an owner or property manager has evicted the tenant in retaliation for notifying the City of code violations as defined in the City Code, and specifically Chapter 182 and Chapter 223, the City may revoke the license for the residential rental unit previously occupied by the tenant and not allow a new license to be issued for a period of up to one year.
A.Â
It shall be the duty of all owners, property managers, and occupants
to provide access to City officials to all residential rental units
subject to inspections hereunder, and failure to permit such access
shall be deemed a violation of this article. The submission of an
application for a license hereunder constitutes assent by the owner
of the property described in the application to the inspection of
the premises by the Code Official during reasonable hours.
B.Â
For purposes of enforcing this article, the Code Enforcement Official
or his designee may seek to obtain an administrative warrant issued
by a competent authority for the purpose of compelling an inspection
of a residential rental unit and all costs thereof, including attorney's
fees, will be the responsibility of the owners.
C.Â
If requested, the Code Official or his authorized representative
shall disclose proper credentials of their respective offices for
the purpose of inspecting any and all structures and properties in
the performance of their duties under this article.
A.Â
Upon receipt of the first application for a license for a residential
rental unit, the Code Official will inspect the residential rental
unit.
B.Â
In the event the residential rental unit is not in compliance with
the codes of the City of Lancaster, the Code Official shall notify
the applicant in writing and shall specify the noncompliance with
the Code. Upon abatement of the violations, the Code Official shall
reinspect the property and/or residential rental unit.
C.Â
If any violation still exists, the Code Official will schedule reinspections
and the owner will be charged a fee for each reinspection as established
from time to time by resolution of City Council.
A.Â
The City will systematically inspect all residential rental properties
no less frequently than every six years as set forth in the policies
and procedures.
B.Â
A fee for not appearing at the scheduled periodic systematic inspection
established from time to time by resolution of City Council will be
charged to the owner.
C.Â
These periodic inspections shall occur notwithstanding the fact that
more frequent or other inspections may be required and be conducted
in the investigation of complaints regarding the dwelling, or as deemed
necessary by City Code Officials, for reasons such as reasonable threats
to the safety of occupants of the residential rental unit, reasonable
threat to the safety of users of rights-of-way and adjoining properties
and reasonable concern that the residential rental unit is the subject
of additional code violations.
A.Â
Other inspections of a residential rental property may occur, including,
without limitation:
(1)Â
Prior to the initial occupancy of newly constructed residential rental
units, newly erected residential rental units, or substantially rehabilitated
residential rental units;
(2)Â
Prior to the sale of any residential rental unit or the structure
in which it is located;
(3)Â
Upon a change in occupancy of the residential rental unit;
(4)Â
Upon receipt of complaints regarding any residential rental property
subject to this article;
(5)Â
Upon the occurrence of disruptive conduct at such residential rental
unit;
(6)Â
When residential rental units of the owner or any related party of
the owner receive three notices of violation within any twelve-month
period; or
(7)Â
For any other reasonable cause.
B.Â
This article shall not be construed as to limit any Code Official's
or law enforcement's authority to conduct inspections or enforcement
actions under City ordinances or the Code of the City of Lancaster,
or valid search warrants, or to require that a property be made available
for inspection whenever there is probable cause that a violation of
City ordinances and/or the Code of the City of Lancaster may be present.
C.Â
Within the limitations of federal and state law, a Code Official
may apply to a Magisterial District Judge or Justice having jurisdiction
for an administrative search warrant to enter and inspect a property
subject to the provisions of this article. In addition, for any other
reasons available at law or in equity, such warrant process is authorized
for access to the property that cannot be obtained, is denied, or
in the event of exigent circumstances.
A.Â
Occupant(s) at residential rental units shall not engage in disruptive
conduct, nor tolerate, nor permit others on the property to cause
damage to the residential rental unit or engage in disruptive conduct.
B.Â
The disruptive occupants, upon eviction, shall not reoccupy any residential
rental unit in the same property involved for a period of at least
one year from the date of eviction. This subsection is not intended
to limit or inhibit the owner's and, if applicable, the responsible
agent's, right to initiate eviction actions prior to the issuance
of the third disruptive conduct letter in a twelve-month period.
A.Â
Police officers may investigate alleged incidents of disruptive conduct.
A police officer shall complete a disruptive conduct report upon a
finding that the reported incident constitutes disruptive conduct
as defined herein. The information filed in the disruptive conduct
report shall include, if possible, the identity of the alleged perpetrator(s)
of the disruptive conduct and the factual basis for the disruptive
conduct described in the disruptive conduct report.
B.Â
When a police officer completes a disruptive conduct report at a
residential rental unit, a disruptive conduct letter shall be issued
to the occupant, owner and property manager, if applicable, within
30 days of the occurrence of the alleged disruptive conduct. The disruptive
conduct report shall count against all occupants of the residential
rental unit. More than one disruptive conduct report filed against
the occupants of a residential rental unit in a twenty-four-hour period
shall count as a single disruptive conduct report for the purpose
hereof.
C.Â
After three disruptive conduct incidents are documented by disruptive
conduct reports in any twelve-month period involving an occupant or
person present at the same residential rental unit, the owner shall
have 30 days from the date of the mailing of the third disruptive
conduct letter to begin eviction proceedings against the occupants.
D.Â
The owner/agent must submit a copy of the document indicating the
eviction process has begun to the Bureau of Property Maintenance and
Housing Inspections. Failure to take such action will result in the
immediate revocation of the license.
E.Â
The residential rental unit involved shall not have its license reinstated
until the reinstatement fee is paid and the disruptive occupants have
been evicted, the Magisterial District Judge has ruled in the occupants'
favor, the Magisterial District Judge has ruled in the owner's
favor but has not ordered the eviction of the occupant(s), or the
occupants have filed an appeal to a higher court or declared bankruptcy,
thereby preventing their eviction.
F.Â
After three disruptive conduct incidents documented by disruptive
conduct reports in any twelve-month period involving an occupant or
person present at the residential rental unit of a short-term rental,
the license of that property will be suspended for one year.
The Director of Community Planning and Economic Development
is hereby authorized to promulgate policies and procedures for the
implementation of the provisions of this article which policies and
procedures may be amended from time to time and shall become effective
upon posting of the same on the City of Lancaster's publicly
accessible website.
A.Â
Violations.
(1)Â
When, during the course of any inspection authorized by this article, the Code Official determines that a residential rental unit is in violation of this article, Chapter 223, Property Maintenance Code, Chapter 182, Lead Poisoning Prevention and Lead Hazard Control, or any other Code of the City of Lancaster, the Code Official will issue a notice of violation to the owner and/or responsible agent and property manager.
(2)Â
The notice of violation will outline the provisions that have been
violated and the time frame required for remediation of the violations.
(3)Â
After the expiration of the time for compliance as stated on the
notice of violation, the Code Official will conduct a reinspection
to determine compliance. If violations have not been remedied, the
Code Official may commence enforcement actions under the procedures
set forth in the code which has been violated or under any other applicable
ordinance of the City.
(4)Â
Notice provided to a property manager or property management company
shall be deemed notice provided to the owner.
(5)Â
If additional reinspections are required, the City will impose a
reinspection fee as established from time to time by resolution of
City Council.
(6)Â
If the residential rental unit is vacant at the time of the inspection,
the residential rental unit will remain vacant until the violations
are abated.
(7)Â
If violations are not remedied in a timely manner, the license may
be revoked.
B.Â
Means of local agency appeals.
(1)Â
Any party aggrieved by a decision of any designated and authorized
agent of the City regarding any provisions in this article shall have
the right to file an appeal with the City Housing Board of Appeals.
(2)Â
Filing of appeal: Any appeal filed shall be filed on the form required
by the policies and procedures within 20 days of the date of the notice
of violation. Any such appeal shall be in writing and directed to
the Lancaster City Housing Board of Appeals, with a check payable
to the City of Lancaster in the amount set forth in the fee schedule
adopted from time to time by resolution of City Council. The Board
may require the party bringing the appeal to pay any costs associated
with hearing the appeal, including, but not limited to, attorney's
fees in excess of the appeal fee, regardless of other expenses incurred,
whether or not the Board partially or fully upholds the City's
issuance of the appealed decision.
(3)Â
A claimed lack of knowledge by an owner or property manager of any
violation cited hereunder shall not be a defense to a license denial,
suspension or revocation or an eviction order as long as all notices
to parties required hereunder involving such proceedings were sent
to the last known address of the owner or property manager.
(4)Â
Any party aggrieved by a decision of the Board may appeal to the
Court of Common Pleas of Lancaster County as provided by law, within
30 days of receiving the Board's decision.
(5)Â
Code violations. Nothing in this article shall preclude or prohibit
the Code Officer or his designee from identifying any violations of
the codes and taking lawful action in connection therewith.
(6)Â
Equitable relief: Nothing in this article shall preclude the City
from seeking, and the proper officers of the City be and hereby are,
authorized to seek, equitable relief to enforce the provisions of
this article to enjoin individuals and entities from failing to comply
with the article, or to seek other relief as otherwise appropriate
under law and/or equity.
C.Â
Penalties.
(1)Â
Allowing occupancy of a residential rental unit without a valid residential
rental license (including but not limited to relinquishment of license
due to a failure to apply, a failure to pay the rental license fee,
or following the revocation of a license), will be subject to a fine
of $500 per residential rental unit for each month the violation exists,
a term of imprisonment not exceeding 90 days, or both. Each month
the violation exists constitutes a separate violation. Notwithstanding
the foregoing, no fines shall be imposed for any period during which
the residential rental unit is vacant and the owner or property manager
is taking action to correct the violations.
(2)Â
Whoever violates any other provisions of this article shall be subject
to a fine of not more than $1,000 or a term of imprisonment not exceeding
90 days, or both. Each month that a violation exists constitutes a
separate violation.
(3)Â
In addition to fines, an eviction of occupants of residential rental
units at the owner's expense may be required under the provisions
of this article, and the residential rental license that grants the
privilege to rent the same, may be revoked, suspended or withdrawn.
(4)Â
In addition to prosecution of persons in violation of this article,
the Code Official or any duly authorized agent of the City may seek
such civil or equitable remedies, including injunctive relief and
other measures, to enforce this article in any court of record of
the Commonwealth of Pennsylvania, against any person or property,
real or personal, to effect the provisions of this article.
(5)Â
The provisions of this section and the provisions of this article
governing revocation, suspension or nonrenewal of licenses shall be
independent, non-mutually exclusive, separate remedies, all of which
shall be available to the City as may be deemed appropriate.
(6)Â
No person whose license has been revoked by the City may, pursuant
to the Act of July 7, 1947 (P.L. 1368, No. 542) (the "Act"),[1] as amended, purchase property in Lancaster County at any
tax sale governed by the Act. The City shall furnish, to the Lancaster
County Tax Claim Bureau at least 48 hours in advance of the sales,
documentation regarding license revocations.
[1]
Editor's Note: See the Real Estate Tax Sale Law, 72 P.S.
§ 5860.101 et seq.
