Borough of Steelton, PA Chapter 69 Inspection Licenses

[HISTORY: Adopted by the Borough Council of the Borough of Steelton 2-7-2005 by Ord. No. 2005-1, approved 2-7-2005.[1] Amendments noted where applicable.]

[1] Editor's Note: Former Ch. 69, Garbage, Rubbish and Refuse, adopted 6-20-1983 by Ord. No. 83-2, approved 6-20-1983, as amended, was repealed 6-17-1991 by Ord. No. 91-6, approved 6-17-1991. See now Ch. 92, Solid Waste.

§ 69-1 Purpose.

The Borough of Steelton has determined through its records and other sources of information that owners and occupants of residential rental, commercial, industrial and institutional properties are failing to maintain such properties in violation of the Borough's Housing, Building, Safety, Dwelling, Electrical, Property Maintenance, and Fire Prevention Codes and Ordinances. The purpose of this chapter is to implement the policy of the Borough of Steelton to protect and promote the public health, safety, and welfare of its citizens, by requiring annual inspections by the Borough Code Enforcement Office of residential rental, commercial, industrial and institutional properties, the issuance of licenses for said properties and requiring said properties to meet the applicable codes and ordinances.

§ 69-2 Definitions.

Unless otherwise expressly stated, the following terms shall, for the purposes of this chapter, have the meanings indicated as follows:

BOROUGH

The Borough of Steelton, Dauphin County, Pennsylvania.

CODE ENFORCEMENT OFFICER

The Code Enforcement Officer of the Borough of Steelton, who is charged with the administration and enforcement of this chapter.

COMMERCIAL

Those properties used primarily for commercial or industrial purposes.

DISRUPTIVE CONDUCT

Any act by an occupant of a residential rental unit, a commercial property or an institutional property involving public drunkenness, consumption of an alcoholic beverage in public (unless on premises licensed for same), public urination or defecation, unlawful deposit of trash or litter on public or private property, damage to or destruction of public or private property, the obstruction of public roads, streets, highways or sidewalks, interference with emergency or police services, unreasonable noise as defined by Chapter 75 hereof, indecent exposure or any other act defined as disorderly conduct in the Pennsylvania Crimes Code[1] or any act prohibited by the Code of the Borough of Steelton, Pennsylvania, or which otherwise injures the health, safety or welfare of the residents of the Borough residing in a neighborhood or vicinity of the premises. 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 Code Enforcement Officer or 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 and, if applicable, the manager shall be notified of any such occurrences, in writing.

[Amended 7-5-2005 by Ord. No. 2005-7; approved 7-5-2005]

DWELLING UNIT

Any room or group of rooms located within a building and forming a single habitable unit with facilities which are used or intended to be used for living, sleeping, cooking and eating by one family. This definition includes a mobile home.

FAMILY

One or more persons related by blood, genetics, adoption or marriage living and cooking together as a single housekeeping unit, or a number of persons living and cooking together as a single housekeeping unit though not related by blood, adoption, genetics or marriage.

[Amended 7-5-2005 by Ord. No. 2005-7; approved 7-5-2005]

INSTITUTIONAL PROPERTY

Any property utilized as an establishment to house or serve groups of people, such as day-care centers, hospitals, nursing homes, orphanages, schools and universities.

OCCUPANCY

The purpose for which a building or portion thereof is utilized or occupied.

OCCUPANT

Any individual living or sleeping in a building, or having possession of a space within a building.

OWNER

Any person, agent, operator, firm or corporation having a legal or equitable interest in the property; or recorded in the official records of the state, county or municipality as holding title to the property; or otherwise having control of the property, including the guardian of the estate of any such person, and the executor or administrator of the estate of such person if authorized by law to take possession of real property or if ordered to take possession of real property by a court.

PERSON

An individual, corporation, partnership or any other group acting as a unit.

PROPERTY, PREMISES

A lot, plot or parcel of real property including any structures thereon.

[1] Editor's Note: See 18 Pa.C.S.A. § 101 et seq.

§ 69-3 Duties of owners and/or managers of property.

A. It shall be the duty of every owner to:

(1) Keep and maintain all residential rental, commercial, and institutional properties in compliance with all applicable Borough codes and ordinances, including but not limited to Chapter 58, Fire Prevention, Chapter 82, Property Maintenance, and Chapter 120, Zoning, hereof, and all applicable state laws and regulations.

(2) Keep and maintain all property and premises in good and safe condition.

(3) Be aware of, and act to eliminate, disruptive conduct on all premises.

(4) Employ policies to actually manage the units under his/her control in compliance with the provisions of this chapter.

(5) Pay or ensure payment of all real estate taxes, water and sewer rates, and trash collection fees to ensure that such above utilities are provided.

[Amended 5-15-2006 by Ord. No. 2006-3, approved 5-15-2006]

(6) Obtain and maintain a residential rental, commercial, industrial and institutional inspection license as provided for herein.

(7) By December of the calendar year prior to the calendar year in which the inspection license applicable to his property is scheduled to expire, schedule through the Borough Code Enforcement Office, a date and time for an inspection to occur in relation to that property for the next licensing term (i.e., two years).

[Amended 12-15-2008 by Ord. No. 2008-8, approved 12-15-2008]

(8) Pay the annual scheduled fee as prescribed by the Borough.

(9) Provide the containers required for collection of municipal waste (§§ 92-5 and 92-6) and recycling matter (§ 86-8) for each unit; ensure that the containers are placed out for collection at the proper location and returned to the appropriate place at the property after collection.

[Added 5-15-2006 by Ord. No. 2006-3, approved 5-15-2006]

(10) Maintain the exterior appearance of the property.

[Added 5-15-2006 by Ord. No. 2006-3, approved 5-15-2006]

B. If the owner has appointed a manager of the property, the manager shall be jointly responsible to fulfill all of the obligations set forth in Subsection A above. No owner may relieve himself of the responsibility to perform the duties set forth in Subsection A by appointing a manager.

C. It shall be unlawful for any person to conduct or operate or cause to be rented either as owner or manager any residential rental unit within the Borough without having a residential inspection license as required by this chapter.

D. It shall be unlawful for any person to maintain a commercial or institutional property within the Borough without having a commercial or institutional inspection license as required by this chapter.

E. It shall be the responsibility of every owner and every manager to display the inspection license in the residential rental unit, the commercial establishment, or the institutional establishment.

§ 69-4 Duties of occupants.

It shall be the duty of every occupant of residential rental, commercial, and institutional properties to:

A. Maintain the cleanliness and sanitary conditions of the property; properly dispose of trash; to care for and clean after household pets.

[Amended 7-5-2005 by Ord. No. 2005-7; approved 7-5-2005]

B. Conduct themselves and require the persons, including but not limited to, guests, invitees, or licensees, on the premises and within their property with their consent to conduct themselves in an manner that will not disturb the peaceful enjoyment of adjacent or nearby properties by people occupying the same.

C. Not engage in, nor tolerate, nor permit others on the premises, or within their dwelling units to cause damage to public property or private property (without permission of the owner of said private property), or to engage in disruptive conduct, or violate the Pennsylvania Criminal Code[1] or other laws of the Commonwealth of Pennsylvania or the codes or ordinances of the Borough of Steelton.

[Amended 7-5-2005 by Ord. No. 2005-7; approved 7-5-2005]

[1] Editor's Note: See 18 Pa.C.S.A. § 101 et seq.

D. Not to allow dwelling units to be occupied by more than one family without the permission of the owner and registration with the Borough, nor allow guests or invitees to stay in the dwelling unit for more than 30 days without permission of the owner and registration with the Borough.

[Amended 7-5-2005 by Ord. No. 2005-7; approved 7-5-2005]

E. Comply with all applicable Borough codes and ordinances, including but not limited to, Chapters 58, Fire Prevention, Chapter 82, Property Maintenance, and Chapter 120, Zoning, hereof and with all applicable laws and regulations of the Commonwealth of Pennsylvania.

F. Use the trash and recyclable collection services provided by the Borough's contracted hauler, to the extent applicable.

§ 69-5 Licensing.

A. Application for license.

(1) Within 30 days of the adoption and effective date of this chapter, the owner/manager of a residential rental property, commercial property, or institutional property shall submit an application to the Code Enforcement Officer for an inspection license. An application for an inspection license shall also be submitted upon the transfer of title to an affected property.

(2) The application for inspection license shall be on the form provided by the Code Enforcement Officer requiring the name, address, and telephone number of the owner or manager (if applicable), the address of the property to be inspected, and the fee to be paid for such inspection.

(3) The initial license shall be valid until March 31, 2006. By March 31 of each calendar year after 2006, the owner, and if applicable, the manager of each property shall continue to apply for an annual inspection license which shall be valid from April 1 until March 31 of the following calendar year. Beginning in the calendar year 2009, inspections will occur from January to December of each calendar year; an inspection license issued in 2009 shall be valid for calendar year 2009 and calendar year 2010. Thereafter, inspection licenses shall be valid from January 1 of one year until December 31 of the second calendar year thereafter.

[Amended 12-15-2008 by Ord. No. 2008-8, approved 12-15-2008]

B. Issuance of license. The Code Enforcement Officer shall issue an inspection license on a form provided therefor if after receipt of the application and fee provided for in Subsection A above, the owner submits a complete and accurate listing for the premises by January 1 of every other year, and after inspection of the premises has been completed including, but not limited to, inspection to determine compliance with Chapter 52, Fire Prevention, Chapter 82, Property Maintenance, and Chapter 120, Zoning, the Code Enforcement Officer determines it is appropriate to issue said license.

[Amended 12-15-2008 by Ord. No. 2008-8, approved 12-15-2008]

C. Denial or revocation of license. The Code Enforcement Officer shall deny or may revoke an inspection license if the owner does not provide his or her name, address and telephone number, does not pay the annual inspection fee, or is not current on all real estate taxes, sewer fees or trash collection fees, or does not correct a code violation within the time frame required by the Code Enforcement Officer.

D. Notice of denial or non-renewal of inspection license. The Code Enforcement Officer shall forward written notice to the owner if the Code Enforcement Officer has determined that an inspection license will be denied, or revoked. Written notice shall identify the property, indicate the grounds upon which the denial, nonrenewal or revocation is based, including the factual circumstances and citation to the code or ordinance provision with which there has been noncompliance or violation, the actions which must be taken to correct any violations, nonconformities, or illegalities, and the time within which they must be corrected (if correctable), and shall inform the owner of his/her right to appeal such determination to the Code Appeals Board.

E. Reinstatement of inspection license. The Code Enforcement Officer may reinstate an inspection license if the owner or manager corrects the reason for the revocation of the inspection license and has paid the inspection license reinstatement fee, said fee to be established initially by this chapter and thereafter pursuant to a resolution of the Borough Council. Upon reinstatement, the property shall be inspected annually thereafter until the property evidences compliance with an annual inspection without violation, at which time the property shall be eligible for the standard two-year inspection rotation.

[Amended 12-15-2008 by Ord. No. 2008-8, approved 12-15-2008]

F. Each inspection license shall be displayed by owner in a common area of the property.

§ 69-6 Fees.

[Amended 7-5-2005 by Ord. No. 2005-7; approved 7-5-2005]

Each owner shall pay an annual fee to the Borough of Steelton upon the filing of the information required in this chapter for the proper administration of these provisions. The fee schedule is as follows:

A. Residential rental units.

(1) One unit: $70.

(2) Each additional unit: $20.

(3) Reinspection necessitated by noncode compliance in inspection: $25.

(4) One free reinspection (not necessitated by failure in previous inspection) in each current calendar year; any additional reinspection in each current calendar year shall be $30 per reinspection. In the event an owner does not appear for the scheduled reinspection, the owner will be charged an additional $30; if the reinspection for which the owner does not appear is the initial free reinspection, any reinspection thereafter will be at the reinspection charge of $30.

[Amended 5-15-2006 by Ord. No. 2006-3, approved 5-15-2006]

B. Commercial, industrial and institutional units.

(1) Each building or portion thereof: $70.

(2) Reinspection necessitated by noncode compliance in inspection: $25.

(3) Commercial, industrial, or institutional establishments which have multiple business: a fee of $100 for each separate business over two.

§ 69-7 Appeals.

An appeal from any decision of the Code Enforcement Officer shall be taken to the Borough Code Hearing Board. Such appeal shall be made in writing within 10 working days after such decision has been made and provided to owner or occupant in writing. The appeal shall be verified by an affidavit, shall state the grounds therefor, and shall be filed with the Borough Secretary. The appeals shall be held in accordance with the provisions of Chapter 2, Code Enforcement, § 2-15D(1) and E. The appeal shall be accompanied by the appeal fee which shall be established from time to time by this chapter or resolution of Borough Council.

§ 69-8 Violations and penalties.

A. It shall be a violation of this chapter to commit or permit any other person to commit any of the following acts:

(1) To permit the occupancy of a residential rental, commercial, industrial, or institutional premises without obtaining an inspection license where required by this chapter.

(2) To refuse to permit inspections required under this chapter.

(3) To fail to perform the duties established by §§ 69-3 or 69-4 of this chapter, as applicable.

(4) To place any false information on or to omit relevant information from an application for an inspection license.

(5) To fail or refuse to comply with any other provision of this chapter.

B. Penalties and remedies.

(1) Any person who shall violate any of the provisions of this chapter shall be guilty of a summary offense and, upon conviction thereof, shall be sentenced to pay a fine of not less than $500 and not more than $1,000 and the cost of prosecution for each and every offense, and in default of payment thereof, shall be sentenced to imprisonment in Dauphin County Prison for not more than 30 days. Each violation and each day of violation shall constitute a separate offense.

(2) In addition to prosecution the persons violating this chapter, the Code Enforcement Officer, Solicitor, or any other duly authorized agent of the Borough may bring such civil or equitable actions, seeking civil or equitable remedies, in any appropriate court of record of the Commonwealth of Pennsylvania, against any personal property, real or personal, to effect the provisions of this chapter. The remedies and procedures of this chapter are not intended to supplant or replace the remedies provided to the Borough in its other codes or ordinances including, but not limited to, Chapter 58, Fire Prevention, Chapter 82, Property Maintenance, and Chapter 120, Zoning, hereof.