[HISTORY: Adopted by the City Council of
the City of Pottsville as indicated in article histories. Amendments
noted where applicable.]
[Adopted 3-13-2023 by Ord. No. 910[1]]
[1]
Editor's Note: This ordinance also superseded former Art.
I, Residential Rental Unit Registration and Inspection, 3-13-2017 by Ord. No. 860 as
amended.
This article shall be known as the "Residential Rental Unit
Registration and Inspection Law."
The following words, when used in this article, shall have the
meanings ascribed to them in this section except where the context
clearly indicates or requires a different meaning:
Any person, corporation, copartnership, association or fiduciary
who or which, for monetary consideration, aids in the rental of property
as defined herein. 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 partner and, as applied to corporations,
the officers thereof.
The City of Pottsville.
The Fire Prevention, Building, Housing, Mechanical, Property
Maintenance, Electrical and Plumbing Codes, as adopted by the City
from time to time, and any rules and regulations promulgated thereunder.
Any person who grants a lease or otherwise permits the use
of his real estate or portion thereof for consideration, monetary
or otherwise.
Any person, agent, operator, firm, corporation, partnership,
association, property management group, 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 property.
Any natural person, partnership, association, firm or corporation.
The annual business privilege license assigned by the Tax
Administrator of the City of Pottsville issued to the owner/landlord
of the real property rental unit.
Any dwelling unit or structurally enclosed area including
or intended to be used as the living quarters for one or more individuals
and not occupied by the owner thereof.
The distinct registration number assigned by the Code Enforcement
Office to a residential rental unit.
A dwelling unit, or portion thereof, that is offered or provided
to a guest by a short-term rental owner or operator for a fee for
fewer than 30 consecutive nights. They are commonly referred to as
vacation rentals. They are a form of tourist or transient accommodations.
Short-term rental units may be whole house rental, apartments, condominiums,
or individual rooms in homes. For the purpose of administration and
enforcement of this title, the terms "overnight rental," "nightly
rental," and "vacation rental" are interchangeable with short-term
rentals. Subleasing or subletting of units for short-term rental is
prohibited if the zoning district prohibits such use.
That person or persons who has/have the use of real estate
of a landlord and is/are responsible for the giving of any type of
consideration therefor, but excluding those who are tenants for a
period of less than 30 days.
A.Â
The duties of an owner or agent shall be to receive notices and correspondence, including service of process, from the City of Pottsville; to arrange for the inspection of the rental units and short-term rentals; to do or arrange for the performance of maintenance, cleaning, repair, pest control, and snow and ice removal; and to ensure continues compliance of the premises with the International Property Maintenance Codes, International Building Codes, Zoning Code and ordinances in effect in the City of Pottsville, as well as to arrange for garbage removal. Every owner is responsible for garbage removal as defined in Chapter 189 of the City of Pottsville's Codified Ordinances.
B.Â
Every owner shall be responsible for payment of property taxes, garbage
fees, water fees or sewer fees. No owner or agent will be allowed
to rent a building out if property taxes, garbage fees, water fees
and sewer fees are delinquent. Proof that said taxes and fees are
current is required at the time of inspection or upon request of the
Code Enforcement Officer. Failure to comply shall be deemed owner
omission and cause for closure of the rental unit.
C.Â
Every owner who is not a full-time resident of the City of Pottsville
and/or who does not live within 20 miles of the City of Pottsville
or within Schuylkill County shall designate a responsible entity who
shall reside within 20 miles from the City of Pottsville. If the owner
is a corporation, a responsible entity shall be required if an officer
of the corporation does not reside within the above-referenced area.
The officer shall perform the same function as the responsible entity.
If the owner is a partnership, a responsible entity shall be required
if a partner does not reside within the above-referenced area. Said
partner shall perform the same function as the responsible entity.
The responsible entity shall be the agent of the owner, will receive
notices and demands, and will perform the obligations of the owner
under this article and under rental agreements with occupants. The
name, address, which shall not be a post office box, and telephone
number of a person who is designated as the responsible entity hereunder
shall be provided by the owner or the responsible entity to the City,
and such information shall be kept current and updated as it changes.
Designation of a responsible entity shall not prohibit other authorized
agents by the owner. It shall be presumed, for the purposes of this
subsection, any communication with a properly identified responsible
entity shall serve as a communication with the owner.
D.Â
It shall be the responsibility of the owner and/or agent to permit
inspection of the premises and any rental unit therein by inspectors
at reasonable times as may be necessary to ensure health, safety and
welfare of the tenants, and to ensure compliance with current International
Property Maintenance Codes, Building Codes, Zoning Code, health regulations
and ordinances. It is the duty of the owner and/or agent to permit
inspection at any interval as may be mandated by this article. In
the event that access is refused, the City of Pottsville is authorized
to obtain a warrant from a judicial officer and shall cite, in support
of the request, any alleged violation of this article or other City
ordinances, or any facts suggesting any threat to the public health
or safety.
E.Â
The owner has the responsibility to maintain the premises in good
repair and clean and sanitary conditions, and to maintain the premises
in compliance with the current International Property Maintenance
Codes, Building Codes, Zoning Code, health regulations and ordinances
of the City of Pottsville. He or she may delegate implementation of
these responsibilities to the agent.
F.Â
It shall be the responsibility of the owner and agent to discourage
and prevent, as may be possible, disruptive conduct, which may result
in damage to the premises, breach of the peace, and disturbance of
the community.
G.Â
It shall be the responsibility of the owner or agent to produce a
lease upon request from the Code Enforcement Department whenever it
is deemed necessary by the Code Enforcement Department to enforce
the City ordinances and Zoning Code.
H.Â
If a rental unit is condemned or otherwise closed due to the act
or omission of the owner or agent, it shall be the responsibility
of the owner to find housing for the occupants at the owner's
expense.
I.Â
All owners of rental properties for occupancy in the City shall maintain
hazard and general liability insurance coverage with the appropriate
limits to be in place for restoration or demolition or other repair
of the property in adherence to the City Code and all applicable ordinances
in the event of a fire or loss covered by such insurance. The property
owner shall be required to place the insurance company name, policy
number and policy expiration date on the rental certificate of compliance
upon issuance. The City shall be named as a certificate holder on
the policy.
J.Â
The owner and agent must have a current business license with the
City of Pottsville's Tax Administrator. No owner or agent shall
own or operate a residential rental unit or units unless and until
a current business license for each business is obtained.
A.Â
It is the responsibility of the occupants to maintain their rental unit in good, sanitary condition, to report necessary repairs, to properly dispose of garbage, and to avoid disruptive conduct which may damage the premises and disturb the community; collect and dispose of all garbage, rubbish, and other waste from his/her their residential rental unit in a clean and sanitary manner; and comply with City solid waste and recycling ordinances, included the use of approved refuse and recycling receptables, and all ordinances applicable to residential properties under the City's Solid Waste Ordinance (Chapter 189).
B.Â
Occupants shall not engage in, nor permit or tolerate guests on the
premises to engage in, disruptive conduct or damage to the premises.
A.Â
Any and all limited liability corporations (LLCs), corporations,
incorporations, companies, partnerships, and any other form of business
that owns and controls rental properties, shall supply the City of
Pottsville's Code Enforcement Office with the following information
before a certificate of compliance is issued;
(1)Â
Any and all names and titles of the officers, owner and/or partners
of the business/businesses.
(2)Â
Any and all names of property managers or agents of the property/properties
of the business/businesses.
(3)Â
Any and all contact information for the officers, owner and/or partners
of the business/business, which includes the following:
(4)Â
Any and all paperwork showing the incorporation of the LLC, corporation,
incorporation, company, partnerships and any other form of business
from the State of Pennsylvania.
A.Â
It is the responsibility of the owner of a rental property, either
single-unit or multiunit, to have the unit/units registered with the
City. Short-term rental units are not required to register tenants.
B.Â
The owner will register his/her/their tenants with the City of Pottsville's
Tax Office. Tenants or occupants must be registered within 10 days
of their moving into the building. The owner mut fill out the appropriate
registration form listing all tenants of the building, including their
names, age, phone number(s) and the apartment number at which they
live.
A.Â
Each residential rental unit and short-term rental shall be inspected
by the Code Enforcement Officer or designee at least one time in every
five-year period, and, for such purpose and for any reinspection hereunder,
the owner shall provide access to City representatives.
(1)Â
As for any residential rental unit unoccupied or occupied by the owner on or after the effective date hereof, a certificate of compliance shall be issued and displayed prior to occupancy of such residential rental unit by anyone other than the owner, and subsequent inspections shall occur as set forth in Subsection A(2).
(2)Â
As for any residential rental unit or short-term rental occupied
by other than the owner as of the effective date hereof and all subsequent
inspections, inspections required by this article shall be completed,
and the certificate of compliance issued and displayed, not later
than December 31 of the year for which inspection is required. In
no event shall such inspection be conducted prior to January 1 of
the year for which inspection is required.
(3)Â
Districts.
(b)Â
The district boundaries shall be as determined from time to
time by resolution of Council.
(c)Â
Residential rental units and short-term rentals subject to the
inspection requirements of this article and located in District I
shall be inspected during the first calendar year after the year in
which this article shall become effective and every fifth year thereafter.
Residential rental units and short-term rentals subject to the inspection
requirements of this article and located in District II shall be inspected
during the second calendar year subsequent to the calendar year in
which this article shall become effective and every fifth year thereafter.
Residential rental units and short-term rentals subject to the inspection
requirements of this article and located in District III shall be
inspected during the third calendar year subsequent to the calendar
year in which this article shall become effective and every fifth
year thereafter. Residential rental units and short-term rentals subject
to the inspection requirements of this article and located in District
IV shall be inspected during the fourth calendar year subsequent to
the calendar year in which this article shall become effective and
every fifth year thereafter. Residential rental units and short-term
rentals subject to the inspection requirements of this article located
in District V shall be inspected during the fifth year subsequent
to the year in which this article shall become effective and every
fifth year thereafter.
(4)Â
No residential rental unit and short-term rentals which would otherwise
be subject to the inspection requirements of this article shall be
required to be inspected under this article within the five calendar
years subsequent to the year in which any certificate of occupancy
required before occupancy of new construction is issued.
(5)Â
When a certificate of compliance has been issued prior to a residential
rental unit and short-term rentals being occupied other than by the
owner, said residential unit and short-term rental shall not be subject
to reinspection under the terms of this article prior to the first
applicable calendar year occurring after the calendar year subsequent
to issuance of the initial certificate of compliance.
(6)Â
If a change of ownership of a residential rental unit and short-term
rental occurs, the City reserves the right to inspect that unit regardless
of the district that the unit falls under.
B.Â
This inspection shall be for the purpose of determining compliance
with the provisions of the codes as in effect in the City on the date
of the inspection.
C.Â
Failure of the owner to permit access to conduct such inspection
shall be deemed a violation of this article.
D.Â
For the purpose of enforcing this article, the Code Enforcement Officer
or designee may seek to obtain a search warrant issued by a competent
authority for the purpose of compelling an inspection of a residential
rental unit.
If the inspection of the residential rental unit discloses no
codes violations, the Code Enforcement Officer or designee shall issue
a certificate of compliance to the owner within 14 days of the inspection.
Issuance of the certificate of compliance shall not denote compliance
with any applicable code. The certificate of compliance shall be in
such form as approved from time to time by the Code Enforcement Office.
The certificate of compliance shall be displayed in plain view within
the residential rental or structure. No certificate of compliance
shall be issued to an owner if the premises have delinquent property
taxes, garbage fees, water fees or sewer fees. Proof that said taxes
and fees are current is required at the time of inspection upon request
of the Code Enforcement Officer. Failure to comply shall be deemed
owner omission and cause for closure of the rental unit.
If the inspection of a residential rental unit discloses codes
violations, the Code Enforcement Officer or designee shall issue a
notice of noncompliance within 14 days of said inspection. The notice
of noncompliance shall set forth the following:
A.Â
The street address or appropriate description of the subject property;
B.Â
The date of inspection;
C.Â
The identification of the inspector;
D.Â
A statement of the zoning district applicable to the subject property,
together with an extract of the applicable ordinance(s) showing the
uses permitted within the district;
E.Â
A statement of any variances and use permits granted to the subject
property, together with the conditions and restrictions of such permits;
F.Â
A statement as to whether there appears to be any nonconformity in
the structures on the property or the uses being made thereof. This
statement shall also indicate whether the property has been approved
or designated as a nonconforming use;
G.Â
A list of the code violations;
H.Â
The number of days in which the owner is to accomplish repairs, including
a provision allowing for reasonable time extension upon the owner's
showing of good faith compliance to the satisfaction of the Code Enforcement
Officer; and
A.Â
Upon the expiration of the time specified to accomplish repairs or
upon notice from the owner that the repairs have been accomplished,
whichever occurs first, the Code Enforcement Officer or designee shall
reinspect the subject residential rental unit.
B.Â
In the event that such reinspection discloses that the owner accomplished the repairs, the Code Enforcement Officer or designee shall issue a certificate of compliance to the owner in accordance with § 176-8 of this article.
C.Â
In the event that such reinspection discloses that the owner failed to accomplish the repairs, the Code Enforcement Officer or designee shall issue a new notice of noncompliance, in accordance with § 176-9 of this article. Further, the owner shall pay a reinspection fee in the amount equal to the initial application fee as set forth in § 176-12.
A.Â
When a complaint is received by a current tenant of a rental property
or short-term rental unit, the Code Official will perform an inspection
of the property. The inspection will be made to ensure that the unit
if found to be compliant with the International Property Maintenance
Codes, International Building Codes, Zoning Code and ordinances in
effect in the City of Pottsville.
B.Â
If the inspection of a residential rental unit or short-term rental unit discloses violations determined to be in noncompliance with the International Property Maintenance Codes, International Building Codes, Zoning Code and ordinances in effect in the City of Pottsville, the Code Enforcement Officer or designee shall issue a notice of noncompliance, in accordance with § 176-9 of this article.
A.Â
Upon application for a certificate of compliance and the payment to the City of a fee of $50 per residential rental unit and short-term rental unit, the Code Enforcement Officer or designee shall review the pertinent City records and inspect the subject premises in accordance with § 176-7 of this article. All inspection fees shall be paid prior to the inspection regardless of the number of units. Failure to pay inspection fees shall be deemed a failure and/or refusal to comply with the provisions contained herein, and will be subject to the penalty contained in § 176-19.
The insurance of a certificate of compliance is not a representation
by the City that the residential rental unit and/or building in which
it is located is in compliance with the Fire Prevention, Building,
Mechanical, Property Maintenance, Electrical or Plumbing Codes. The
issuance of a certificate of compliance indicates that the residential
rental unit did not have any dangerous conditions as of the date of
the inspection. However, neither the enactment of this article nor
the issuance of a certificate of compliance shall impose any liability
upon the City for any error or omissions which resulted in the issuance
of such certificate, nor shall the City bear any liability not otherwise
imposed by law.
The Code Enforcement Office may close a rental unit or units
pursuant to this article when one or more of the following events
occur on the premises within any six-month period;
A.Â
Three or more violations of this article have occurred on the premises
or three or more violations of codes and ordinance of the City of
Pottsville.
B.Â
The rental unit condemned by the Code Enforcement Office as unsafe
for human occupancy or structurally unsafe.
C.Â
If the owner fails to appoint an agent as a secondary contact pursuant to § 176-3 to respond to and receive notices from the City of Pottsville.
D.Â
The owner has failed to comply with the International Property Maintenance
Codes, International Building Codes, Zoning Code, or ordinances of
the City of Pottsville; if violations thereof are found and the owner
has failed to rectify the underlying problem which generated a violation
notice from the Code Enforcement Office regarding the condition of
the premises, and an owner, after written notice of violations, has
failed to come into compliance with the code, ordinance or law which
the owner violated within such time as the Code Enforcement Office
may state.
E.Â
The rental unit(s) must be registered by January 31 of each calendar
year. Failure to register shall be deemed owner omission and cause
for closure of the rental unit.
The owner of a residential rental unit or and short-term rental
unit aggrieved by a decision of the Code Enforcement Officer or designee
may, within 30 days or the time fixed for repair, whichever is shorter,
appeal the decision to a Board of Appeals in accordance with the Codified
Ordinances.
Nothing in this article shall preclude or prohibit the Code
Enforcement Officer or designee from identifying any violations of
the Fire Prevention, Building, Mechanical, Property Maintenance, Electrical
or Plumbing Codes which exist and noting the same on any inspection
report.
A.Â
Newspaper advertisement. The Code Enforcement Office shall each year
cause notice to be published two times in a newspaper of general circulation
within the City. The initial notice shall be published during the
first six months of the calendar year during which this article shall
become effective. Thereafter a notice shall be published during October
of each calendar year and a second notice published during July of
each calendar year. The notice shall set forth the district for which
inspection of residential rental units occupied other than by the
owner is required during the year of publication, that inspection
may be required before a residential rental unit is occupied by other
than the owner, that all residential rental units are required to
be registered and where a copy of this article may be obtained.
B.Â
Deeds and agreement of sale. Every deed and agreement of sale executed
and delivered on or after the effective date of this article with
respect to any premises within the City which includes one or more
residential units shall include therein a notice substantially in
the form which follows:
|
"Residential rental units within the City of Pottsville which
is occupied other than by the owner thereof are subject to registration
and inspection requirements of the Codified Ordinances of the City
of Pottsville."
|
Appropriate City officials are authorized and directed to take
such actions as are necessary to effectuate this article. Appropriate
City officials are authorized and directed to develop procedures which
shall be enacted by resolution of City Council as necessary to effectuate
this article.
A.Â
Any owner or agent who has violated or permitted the violation of
this article shall be subject to the following penalties:
(1)Â
First violation: costs of prosecution and either a fine of $300,
or 30 days' imprisonment, or both.
(2)Â
Second violation; costs of prosecution and either a fine of $600,
or 60 days' imprisonment, or both.
(3)Â
Third and each subsequent violation; costs of prosecution and either
a fine of $1,000, or 90 days' imprisonment, or both.
B.Â
Each violation of this article and each day the same is continued
shall be deemed a separate offense. A separate violation shall exist
for each unregistered or uncertificated residential rental unit and
be deemed a separate offense.
C.Â
In addition to the placarding of the premises, rent withholding and
other civil remedies available to the City, the City may seek the
enforcement of any order for corrections from the Court of Common
Pleas of Schuylkill County.
If a property owner does not remit to the City assessed fees as identified in § 176-12, the City Treasurer is hereby empowered to certify the amount due to the City and remit that amount for collection. In addition to the full amount due to the City, the property owner will also be responsible for pay administration fees assessed to the account by the collection entity. If collection efforts are exhausted, the amount will be provided to the City Solicitor. The amount due shall then be a lien upon such premises from the time the lien is filed. The amount due shall also include filing fees, satisfaction fees, and attorney's fees. All of the above shall constitute the lien on said property.
