Borough of Phoenixville, PA
Chester County
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Table of Contents
Table of Contents
Part 1 RENTAL PROPERTY

§ 11-101 Lessor to File List of Tenants.

§ 11-102 Form to be Filed.

§ 11-103 Addition of Names to List.

§ 11-104 Penalty for Violation.

Part 2 GENERAL STANDARDS

§ 11-201 Short Title.

§ 11-202 Definitions.

§ 11-203 Minimum Standards for Basic Equipment and Facilities.

§ 11-204 Minimum Standards for Light, Ventilation and Heating.

§ 11-205 Minimum Standards for Safety from Fire.

§ 11-206 Minimum Standards for Space, Use and Location.

§ 11-207 Minimum Standards for Safe and Sanitary Maintenance.

§ 11-208 Minimum Standards for Cooking Equipment.

§ 11-209 Responsibilities of Owners and Occupants.

§ 11-210 Minimum Standards for Rooming Houses and Hotels.

§ 11-211 Licensing of Rooming Houses and Hotels.

§ 11-212 Licensing of Multifamily Dwellings.

§ 11-213 Inspection and Access to Dwellings.

§ 11-214 Board of Housing Appeals.

§ 11-215 Notices and Appeals.

§ 11-216 Board of Housing Code Revision.

§ 11-217 Abatement of Violations.

§ 11-218 Designation of Dwelling Unfit for Human Habitation.

§ 11-219 Minimum Standards for Unoccupied Dwellings.

§ 11-220 Time Limits for Compliance with Provisions.

§ 11-221 Permits.

§ 11-222 Regulations.

§ 11-223 Suspension of Registration; Right of Appeal.

§ 11-224 Empowerment and Conditions for Suspension and Assignment of Points.

§ 11-225 Suspension Procedures.

§ 11-226 Effect of Suspension.

§ 11-227 Defense.

§ 11-228 Appeal Procedure for Suspension Initiated by the Code Official.

§ 11-229 Appeal to Court of Common Pleas.

§ 11-230 Offenses.

§ 11-231 Assignment of Points for Offenses.

§ 11-232 Penalties for Violations.

§ 11-101 Lessor to File List of Tenants.

[Ord. 1187, 4/9/1974, § 1; as amended by Ord. 2150, 12/8/2009, § 1]
Each landlord, lessor and sublessor of property in the Borough of Phoenixville or the agent or manager of such landlord, lessor or sublessor shall file with the Borough on or before July 15 of each year on a form prescribed and supplied by the Borough, a list of all tenants or lessees as of July 1 of each year. The form shall be designated as the "Tenant and Landlord Information Form." The Tenant and Landlord Information Form shall be prepared by or at the direction of the Code Official and shall require the owner to provide the names and the addresses of the owner, the responsible local agent, the address of the dwelling unit and/or rooming unit, the names and unit addresses of the tenants and/or occupants, the lease commencement and expiration date, a brief summary of the Borough ordinances relating to trash collection, permit parking areas, snow and ice removal, grass and weed control, maximum number of persons permitted to reside in a rooming unit and/or dwelling unit and noise disturbances and such additional information as the Code Official may require for purposes of the implementation, administration and enforcement of this chapter. At any time there is a change of tenants and/or occupants, the owner shall provide the Borough with an updated Tenant and Landlord Information Form.

§ 11-102 Form to be Filed.

[Ord. 1187, 4/9/1974, § 2; as amended by Ord. 2150, 12/8/2009, § 2]
The Tenant and Landlord Information Form shall be filed in duplicate with the Borough, one copy for the Borough Housing Inspector and the second copy for the Borough Tax Collector.

§ 11-103 Addition of Names to List.

[Ord. 1187, 4/9/1974, § 3]
The said list shall be supplemented within 15 days of the arrival of tenants or lessees not previously reported or of the departure of lessees or tenants previously reported.

§ 11-104 Penalty for Violation.

[Ord. 1187, 4/9/1974, § 5; as amended by Ord. 1275, 8/10/1976, § 1; by Ord. 1607, 11/14/1989, § 4; and by A.O.]
Any person, firm or corporation who shall violate any provision of this Part shall, upon conviction thereof, be sentenced to pay a fine of not more than $1,000 plus costs and, in default of said fine and costs, to a term of imprisonment not to exceed 30 days. Each day that a violation of this Part continues shall constitute a separate offense.

§ 11-201 Short Title.

[Ord. 1284, 8/10/1976, § 1]
This Part shall be known, and may be cited as "The Phoenixville Housing Code of 1976."

§ 11-202 Definitions.

[Ord. 1284, 8/10/1976, § 2; as amended by Ord. 2150, 12/8/2009, § 3]
As used in this Part, the following words and terms shall have the meanings hereby ascribed thereto:
APPROVED
In accordance with regulations established by the Housing Inspector.
BASEMENT
A portion of any dwelling located partly under ground, but having less than half its clear floor-to-ceiling height below the average grade of the adjoining ground.
BOARD
The Board of Housing Appeals.
BUILDING CODE
The building code adopted by the Borough of Phoenixville.
CELLAR
A portion of any dwelling having half or more than half of its clear floor-to-ceiling height below the average grade of the adjoining ground.
CODE
The provisions of this Part and any regulations adopted pursuant thereto.
DWELLING
A building or structure (except temporary housing) which is wholly or partly used or intended to be used for living or sleeping by human occupants.
DWELLING UNIT
A room or group of rooms located within a dwelling and forming a single habitable unit with facilities which are used or intended to be used for living, sleeping, cooking and eating.
GARBAGE
The animal and vegetable waste resulting from the handling, preparation, cooking and consumption of food.
HABITABLE ROOM
A room or enclosed floor space used or intended to be used for living, sleeping, cooking or eating purposes, excluding bathrooms, water closet compartments, laundries, foyers, pantries, communicating corridors, stairways, closets, basement recreation rooms and storage spaces.
HOTEL
A building or structure containing five or more rooming units, where the pubic may, for a consideration, obtain sleeping accommodations, which may have apartments in connection with rooms for rent and which:
A. 
Makes at least 60% of its rooming units available to transient guests.
B. 
Maintains a register for registration of guests.
C. 
Provides twenty-four-hour service both for the receiving and assistance of guests.
HOUSING INSPECTOR
The person appointed by the Council to administer the provisions of this Part, or any authorized representative thereof.
MULTIFAMILY DWELLING
Any dwelling, including apartment dwellings or parts thereof, containing two or more dwelling units.
OCCUPANT
Any person (including an owner or operator) living and sleeping in a dwelling unit or rooming unit.
OPENABLE AREA
The part of a window or door which is available for unobstructed ventilation and which opens directly to the outdoors.
OPERATOR
Any person having charge, care, management or control of any dwelling or a part of it, in which dwelling units or rooming units are let.
OWNER
Any person who, alone or severally with others, holds legal or equitable title to any dwelling, rooming house, dwelling unit or rooming unit.
OWNER OCCUPIED
A dwelling in which the owner of record occupies a dwelling unit as his primary residence and resides therein for a minimum of 181 days per annum.
PERSON
An individual, firm, corporation, association or partnership.
PLUMBING or PLUMBING FIXTURE
Water-heating facilities, water pipes, garbage disposal units, waste pipes, water closets, sinks, installed dishwashers, lavatories, bathtubs, shower baths, installed clothes washing machines, catch basins, drains, vents and other similar supplied fixtures, together with all connections to water or sewer lines.
PLUMBING CODE
The statues of the State of Pennsylvania, and the ordinances of the Borough of Phoenixville providing rules, regulations and requirements for the construction of plumbing, house drainage, sanitary sewers and any reenactments, supplements and amendments thereto.
PREMISES
A lot, plot or parcel of land including the buildings and structures thereon.
ROOMING HOUSE
Any dwelling, or that part thereof, containing one or more rooming units in which space is let to three or more persons. A rooming house may contain apartments, so long as 60% of such dwelling contains rooming units.
ROOMING UNIT
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 or eating purposes.
RUBBISH
Combustible and noncombustible waste materials except garbage, and shall include the residue from the burning of wood, coal, coke and other combustible material, paper, rags, cartons, boxes, wood, excelsior, rubber, leather, tree branches, yard trimmings, tin cans, metals, mineral matter, glass crockery and dust.
SUPPLIED
Installed, furnished or provided by the owner or operator at his expense.
TEMPORARY HOUSING
Any tent, trailer or other structure used for human shelter which is designed to be transportable and is not attached to the ground, to another structure or to any utilities system on the same premises for more than 30 consecutive days.
TWO-FAMILY DWELLING
Any dwelling containing two dwelling units.
UNOCCUPIED or VACANT DWELLING
Any structure intended for use as a dwelling unit, habitable room, hotel, multifamily dwelling, rooming house, rooming unit, temporary housing two-family dwelling, combination dwelling or dwelling, as defined herein, but no being inhabited.
VENTILATION
The supply and removal of air to and from a space by natural or mechanical means.
YARD
All ground, lawn, court, walk, driveway or other open space constituting part of the same premises as a dwelling.

§ 11-203 Minimum Standards for Basic Equipment and Facilities.

[Ord. 1284, 8/10/1976, § 3]
No person shall occupy as owner-occupant or shall let to another for occupancy any dwelling, rooming house, hotel, dwelling unit or rooming unit which does not comply with the following minimum standards for basic equipment and facilities.
A. 
Every dwelling unit shall contain within its walls a room, separate from the habitable rooms, which afford privacy and which is equipped with a flush water closet.
B. 
Every dwelling unit shall contain within its walls a lavatory basin located in the same room as the required flush water closet.
C. 
Every dwelling unit shall contain within its walls a room, separate from the habitable rooms, which affords privacy to a person in the room and which is equipped with a bathtub or shower.
D. 
Every dwelling unit shall contain within its walls a kitchen sink.
E. 
Every kitchen sink, lavatory basin and bathtub or shower required by this Part shall be property connected with both hot and cold water lines. The hot water lines shall be connected with supplied water-heating facilities which are capable of heating water to such a temperature as to permit an adequate amount of water to be drawn at every required kitchen sink, lavatory basin and bathtub or shower at a temperature of not less than 120°F even when the heating facilities required by this Part to heat the premises are not in operation.
F. 
All plumbing fixtures require by this Section shall be property connected to an approved water system and to an approved sewerage system.
G. 
Every multifamily dwelling shall have approved common garbage and rubbish storage or disposal facilities.
H. 
Cabinets and/or shelves for the storage of eating, drinking and cooking equipment, and food shall be provided. Such cabinets or shelves shall be of sound construction and shall be furnished with surfaces that are easily cleanable and will not impart any toxic or deleterious effects to food.
I. 
Every dwelling unit shall have a stove for cooking food and a refrigerator for the safe storage of perishable food provided that such stove or refrigerator need not be installed when a dwelling unit is not occupied and the occupant is expected to provide the same upon occupancy. The landlord shall be responsible unless a written lease provides otherwise.

§ 11-204 Minimum Standards for Light, Ventilation and Heating.

[Ord. 1284, 8/10/1976, § 4; as amended by Ord. 1525, 1/14/1986, § 1; and by Ord. 1551]
No person shall occupy as owner-occupant or shall let to another for occupancy any dwelling, rooming house, hotel, dwelling unit or rooming unit which does not comply with the following minimum standards for light, ventilation and heating:
A. 
Every habitable room shall have at least one window facing directly to the outdoors. A minimum total window area of every sleeping room with 100 square feet or less of floor are shall be 10% of the floor area. The minimum total window are of every sleeping room with more than 100 square feet of floor area shall be 10 square feet plus 5% of each square foot of floor area over 100 square feet. The minimum total window area of every other habitable room shall be 7% of the floor area. For the purpose of this Section where a living room faces onto a glass-fronted porch, the porch shall be considered as part of the living room if the total window and open area between the porch and the living room is at least 7%, or as approved by the Housing Inspector as affording adequate artificial lighting.
B. 
Every habitable room shall have at least one window which can be easily opened and which faces directly to the outdoors. The minimum openable area for such room shall be 4% of the floor area for every sleeping area and 3% of the floor area for every other habitable room and for every basement recreation room except where there is some other device approved by the Housing Inspector as affording adequate ventilation.
C. 
Every bathroom and water closet compartment shall have at least one window facing to the outdoors and have a minimum openable area of 4% of the floor area of such room except where there is supplied some other device approved by the Housing Inspector as affording adequate ventilation.
D. 
Whenever a window of a room faces a wall or other portion of any abutting structure which is located less than three feet from the window and the wall or other portion of the abutting structure extends to a level above that of the ceiling of the room, the window shall not be counted in calculating window area.
E. 
A skylight-type window is a window for the purpose of this Section except in the case of a kitchen, living room or sleeping room with more than 80 square feet in floor area.
F. 
Every public hall and stairway in every multifamily dwelling and rooming house shall be lighted at tall times with sufficient lighting to provide one-foot candle in every part of such public hall and stairway. Every public hall and stairway in any multifamily dwelling and rooming house shall also be adequately ventilated.
G. 
Every dwelling within 300 feet of a power line shall be supplied with electricity. Within such dwelling:
(1) 
Every habitable room shall contain at least one electric convenience outlet for every 15 linear feet of wall space. Wall convenience outlets shall be at least eight-feet apart.
(2) 
Every water closet compartment, bathroom, laundry room, furnace room and public hall shall contain at least one supplied ceiling or wall-type electric light fixture; and
(3) 
Every outlet and fixture shall be properly installed and maintained in good and safe working condition.
H. 
In those premises under lease in the Borough of Phoenixville where the lessor has an obligation to provide heat, the lessor shall provide heat for any such leased premises at minimum temperature of 68°F during the period of time commencing October 1 and ending June 1.
I. 
In new construction or renovation, bathrooms for dwelling units shall be so located within the dwelling unit as to be accessible from any sleeping room without passing through any other sleeping room.
J. 
In new construction or renovation all approved fuel-burning facilities used for the purpose of heating shall be a permanent installation attached to an approved flue located in the cellar, basement or utility room and separate from all dwelling and rooming units. No portable room heating units except electric shall be permitted in any dwelling or rooming unit.

§ 11-205 Minimum Standards for Safety from Fire.

[Ord. 1284, 8/10/1976, § 5]
No person shall occupy as owner-occupant or shall let to another for occupancy any dwelling, rooming house, hotel, dwelling unit or rooming unit which does not comply with the following standards for safety from fire:
A. 
No dwelling unit or rooming unit shall be located within a building containing any establishment handling, dispensing or storing flammable liquids, unless separate means of egress is provided and maintained for any such dwelling unit or rooming unit.
B. 
Every dwelling unit and every rooming unit shall have safe means of egress leading to the safe and open space at ground level.
C. 
No storage room or storage locker in the dwelling unit or rooming unit shall be used for storage of junk, rubbish or waste.
D. 
There shall be at least two means of egress from each story above the second story of every multifamily dwelling and of every rooming house, when the third story is occupied for dwelling or rooming house purposes, except where the second and third floors in the three-floor multifamily dwelling are occupied by the owner of the dwelling with only the first floor rented. Any basement used as a dwelling unit shall not count as a story for purpose of this Section. One means of egress only may be provided if such means of egress is a stairway fully enclosed with materials of at least one-hour rated fire resistance and equipped with self-closing fire-resistant doors at each floor level and the exitway leads directly to the outside of the building, provided, however, that such stories above the second floor of every multifamily dwelling do not contain more than four habitable rooms.
E. 
Every dwelling having 10 or more dwelling units shall provide, install and maintain emergency lighting systems in all exitways and shall equip all fire exits with self-closing fire-resistant doors opening to the outside. Every boiler or furnace room shall be fully enclosed with material with at least one-hour rated fire-resistant door. Every storage area or room shall be so enclosed and equipped. All multiple dwelling egress facilities must be approved by the Housing Inspector.
F. 
All multifamily dwellings, rooming houses and hotels shall have, by July 15, 1976, conveniently located Class A-B-C fire extinguishers with a minimum capacity of five pounds in each dwelling or rooming unit. All extinguishers are to be wall mounted in a location which is convenient and readily accessible for use by adults but which, to the extent practicable, shall be inaccessible to children.

§ 11-206 Minimum Standards for Space, Use and Location.

[Ord. 1284, 8/10/1976, § 6]
No person shall occupy or shall let to another for occupancy any dwelling, rooming house, hotel, dwelling unit or rooming unit which does not comply with the following minimum standards for space, use and location:
A. 
Every dwelling unit shall contain at least 150 square feet of habitable floor area for the first occupant and at least 100 square feet of additional habitable floor area for each of the next three occupants and at least 75 square feet of additional habitable floor are for each additional occupant.
B. 
In every dwelling unit and in every rooming unit, every room occupied for sleeping purposes by one occupant shall contain at least 72 square feet of floor space for the first occupant and 68 additional square feet of floor space for each additional occupant thereof. In computing the floor are of a hotel, the are occupied by a water closet compartment and/or bath when for the exclusive use of the rooming unit shall be included in determining the floor area.
C. 
Floor area shall be calculated on the basis of habitable room area. However, closet area and hall area within the dwelling unit, where provided, may count for not more than 10% of the required habitable floor area. At least 1/2 of the floor area of ever habitable room shall have a ceiling height of at least seven feet; and the floor area of any part of any room where the ceiling height is less than 4 1/2 feet shall be considered as part of the floor area in computing the total floor area of the room to determine maximum permissible occupancy.
D. 
The provisions of subsections (A), (B) and (C) of this Section shall not apply to single-family dwellings when occupied by a single family. For the purpose of this subsection, single family shall mean person related through a direct line of descent, as either great grandparents, grandparents, parents, children, grandchildren or great grandchildren.
E. 
For the purpose of this Section a person under one-year of age shall not be counted as an occupant.
F. 
No cellar shall be used for living purposes.
G. 
No basement shall be used for living purposes unless:
(1) 
The floors and walls are substantially watertight;
(2) 
The total window area and ceiling height are in accordance with this Part; and
(3) 
The required minimum window area of every habitable room is entirely above the grade of the ground adjoining such window area, no including stairwells or accessways.
H. 
Every dwelling unit shall have at least four square feet of floor-to-ceiling height closet space for the personal effects of each permissible occupant; if it is lacking, in whole or in part, an amount of space equal in square footage to the deficiency shall be subtracted from the area of habitable room space used in determining permissible occupancy.

§ 11-207 Minimum Standards for Safe and Sanitary Maintenance.

[Ord. 1284, 8/10/1976, § 7]
No person shall occupy as owner-occupant or shall let to another for occupancy any dwelling, rooming house, hotel, dwelling unit or rooming unit which does not comply with the following minimum standards for safe and sanitary maintenance:
A. 
Every foundation, exterior wall and exterior roof shall be substantially weather tight, watertight and rodent proof; shall be kept in sound condition and good repair; and shall be safe to use and capable of supporting the load which normal use may cause to be placed thereon.
B. 
Every floor, interior wall and ceiling shall be substantially rodent proof; shall be kept in sound condition and repair; and shall be safe to use and capable of supporting the load which normal use may cause to be placed thereon.
C. 
Every window, exterior door and basement or cellar door and hatchway shall be substantially weather tight, watertight and rodent proof; and shall be kept in sound working condition and good repair.
D. 
Every inside and outside stair, porch and any appurtenances thereto shall be safe to use and capable of supporting the load that normal use may cause to be placed thereon, and shall be kept in sound condition and good repair. Structurally-sound handrails shall be provided on any steps containing five risers or more. If the steps are not enclosed, handrails and balusters spaced not more than six inches apart shall be provided. Porches and/or balconies located more than three feet higher than the surrounding adjacent area shall have structurally sound protective handrails and, if unenclosed, balusters space not more than six inches apart. In a multiple dwelling, hotel or rooming house, either new construction or renovation, where any doorway opens immediately onto a stairway and the first step is not preceded by a landing or platform of not less than 2 feet projection, such a projection shall be built where feasible and when required by order of the Bureau of Inspections.
E. 
Every plumbing fixture shall be properly installed and maintained in sound mechanical condition, free from defects, leaks and obstructions.
F. 
Every water closet compartment floor surface and bathroom floor surface shall be constructed and maintained so as to be substantially impervious to water and so as to permit such floor to be easily kept in a clean and sanitary condition.
G. 
Every supplied facility, piece of equipment or utility, which is required under this Section, and every chimney and smokepipe shall be so constructed and installed that it will function safety and effectively, and shall be maintained in sound working condition.
H. 
Every yard shall be properly graded and maintained so as to obtain thorough drainage and so as to prevent the accumulation of stagnant water, soil and structure erosion and collection of rubbish, and such drainage shall be accomplished through underground pipe lines to street gutters; and all other areas of open space shall be appropriately drained of surface and subsurface water to protect structures and to prevent the development of stagnant ponds. Gutters, culverts, catch basins, drain inlets, stormwater sewers or other satisfactory drainage systems shall be utilized where necessary.
I. 
Accessory structures, located on exterior property areas, shall be kept in proper repair, free from health, fire and accident hazards and vermin, insect and rodent harborage.
J. 
All exterior surfaces of structures which are not inherently resistant to decay shall periodically be treated with a protective coating of paint or other suitable preservation.

§ 11-208 Minimum Standards for Cooking Equipment.

[Ord. 1284, 8/10/1976, § 8]
No owner, operator or occupant shall furnish or use any cooking equipment which does not comply with the following minimum standards:
A. 
Every piece of cooking equipment shall be so constructed and installed that it will function safely and effectively and shall be maintained in sound working condition. All cooking equipment employing flame with the use of gasoline shall be prohibited.
B. 
Portable cooking equipment employing flame with the use of gasoline or kerosene as fuel for cooking is prohibited.

§ 11-209 Responsibilities of Owners and Occupants.

[Ord. 1284, 8/10/1976, § 9; as amended by Ord. 1607, 11/14/1989, § 4]
Where in this Part the obligation for observance is not otherwise clearly designated, the respective responsibility of owner, operator and occupant is as follows:
A. 
Every occupant of a dwelling, dwelling unit or rooming unit shall maintain in a clean and sanitary condition that part of the dwelling, dwelling unit and yard which he occupies and controls; and shall be responsible for his own misuse of areas and facilities available in common.
B. 
Every owner or operator of a two-family dwelling, multifamily dwelling, rooming house or hotel shall maintain in a clean and sanitary condition the shared or public areas of the dwelling and yard.
C. 
Every occupant of a dwelling or dwelling unit shall dispose of all rubbish, ashes, garbage and other organic waste in a clean and sanitary manner by placing it in approved storage or disposal facilities which are safe and sanitary. Every occupant shall provide such facilities for and within his dwelling unit and shall maintain them in a clean and sanitary manner. The owner or operator of a multifamily dwelling shall be responsible for the clean and sanitary maintenance of common storage or disposal facilities. He shall be responsible further for placing out for collection all common garbage and rubbish containers, except where such facilities are the sole use of an occupant under which circumstances it shall be the responsibility of the occupant to place these containers out for collection.
D. 
Every owner or operator of every rooming house or hotel shall dispose of all rubbish in a clean and sanitary manner by placing it in supplied and approved storage or disposal facilities which are safe and sanitary.
E. 
Every occupant of a dwelling containing a single dwelling unit shall be responsible for the extermination of any insects, rodents or other pests in it or in the yard. In a two-family dwelling or a multifamily dwelling, the occupant shall be responsible for such extermination whenever his dwelling unit is the only one infested. When, however, infestation is caused by failure of the owner or operator to maintain a dwelling in a rodent-proof or substantially insect-proof condition, extermination shall be the responsibility of the owner or operator.
F. 
Every owner or operator shall be responsible for extermination of any insects, rodents or other pests whenever infestation exists in two or more of the dwelling units in any dwelling or in the shared or public areas of any two-family dwelling or any multifamily dwelling.
G. 
Every owner or operator of a rooming house or hotel shall be responsible for the extermination of any insects, rodents or other pests in such rooming house or hotel or in the yard thereof.
H. 
Every occupant of a dwelling unit shall keep all supplied facilities, including plumbing fixtures and cooking equipment, in a clean and sanitary condition and shall be responsible for the exercise of reasonable care of their proper use and operation.
I. 
During that time of the year when it is necessary, as determined by the Housing Inspector, every owner or operator of every two-family dwelling, multifamily dwelling, rooming house and hotel shall supply adequate heat to every habitable room therein except where there are separate heating facilities for each dwelling unit, which facilities are under the sole control of the occupant of such dwelling unit.
J. 
No owner, operator or occupant shall cause any service, equipment or utility which is required by this Part to be removed, shut off or discontinued for any occupied dwelling let or occupied by him, except for such temporary interruption as may be necessary when actual repairs or alterations are in process, or during temporary emergencies.
K. 
Every dwelling of six or more dwelling units in which the owner or operator does not reside shall have a full- or part-time janitor as deemed necessary by the Housing Inspector.
L. 
A contract effective as between owner and operator, operator and occupant, or owner and occupant, with regard to compliance hereunder shall not relieve any party of his direct responsibility under this Part.
M. 
Every owner or operator of a multifamily dwelling or rooming house shall advise the occupant in writing either by insertion in the lease between the parties or otherwise of the maximum number of occupants permitted in the occupied premises under this Part.
N. 
Any owner or operator of a multifamily dwelling with five or more dwelling units, shall provide for the frequent removal of garbage and refuse (in accordance with the Solid Waste Disposal Ordinance [Chapter 20] of the Borough of Phoenixville) from the premises by a private refuse or trash collector so as to maintain satisfactory sanitary conditions at all times.
O. 
Every owner who shall hereafter construct multifamily dwelling units or convert a structure into a multifamily dwelling unit or shall increase the number of dwelling units in a multifamily structure, shall provide 1 1/2 off-street parking spaces for each and every unit for the use of the occupant(s) therein.
P. 
The owner or operator of every single- and multifamily dwelling and rooming house shall have such dwelling or dwelling unit inspected and approved by the Housing Inspector prior to any change in occupancy and shall notify the Housing Inspector at least three working days prior to such change. The penalty for violation of this subsection shall be $25 for the first offense; $100 for the second offense and not more than $600 for every offense thereafter, a multiple offense occurring if an owner or operator changes occupancy of the same dwelling unit without inspection and approval more than once or if an owner or operator changes occupancy in separate dwelling units without inspection and approval even though as to each such separate dwelling unit the offense is committed only once.

§ 11-210 Minimum Standards for Rooming Houses and Hotels.

[Ord. 1284, 8/10/1976, § 10]
No person shall operate a rooming house or hotel or shall let to another for occupancy any rooming unit unless such rooming house or rooming unit complies with the following minimum standards:
A. 
Every rooming house, hotel and every rooming unit shall be in compliance with the minimum standards set forth by the following Sections of this Part: § 11-203(E) (minimum standards for hot and cold water lines, water-heating facilities and continuation of service); § 11-204 (minimum standards for light, ventilation and heating); § 11-205 (minimum standards for safety from fire); § 11-206 (minimum standards for space, use and location); § 11-207 (minimum standards for safe and sanitary maintenance); and the subsections § 11-209 which set forth responsibilities of an owner or operator of a rooming house and hotel.
B. 
Every rooming house or hotel shall be equipped with at least one flush water closet, one lavatory basin and one bathtub or shower for each three persons or fractions thereof within the rooming house or hotel, including members of the family of the owner or operator if they share the use of the facilities. All such facilities shall be properly connected to approved water and sewerage systems. No such facilities located in a basement or cellar shall count in computing the number of facilities required by this subsection, except when approved by the Housing Inspector.
C. 
Every flush water closet, flush urinal, lavatory basin and bathtub or shower required by subsection (B) above shall be located within the rooming house or hotel in a room or rooms which:
(1) 
Afford privacy and are separate from the habitable rooms;
(2) 
Are accessible from a common hall and without going outside the rooming house; and
(3) 
Are not more than one story removed from the rooming unit or any occupant intended to share the facilities.
D. 
Where bedding, bed linen or towels are supplied, the owner or operator shall maintain the bedding in a clean and sanitary manner, and he shall furnish clean bed linen and towels at least once a week and prior to the letting of any room to any occupant.

§ 11-211 Licensing of Rooming Houses and Hotels.

[Ord. 1284, 8/10/1976, § 11; as amended by Ord. 1427, 12/15/1981, § 1]
1. 
No person shall operate a rooming house or hotel unless he has obtained from the Housing Inspector a license to operate such rooming house or hotel.
2. 
Any person applying for a license shall supply such information as the Housing Inspector requires and shall pay an initial fee which shall be in an amount as established by resolution, from time to time, by the Borough Council, for each rooming unit in each rooming house or hotel and thereafter shall pay an annual fee which shall be in an amount as established by resolution, from time to time, by the Borough Council, for each rooming unit within such rooming house or hotel. However, such license fee shall not be charged for any unit occupied by the owner of the premises.
3. 
The Housing Inspector shall not issue a license unless the rooming house or hotel for which the license is requested is in compliance with this Part.
4. 
Every license shall specify the maximum number of occupants allowed to occupy the rooming house or hotel.
5. 
Every license shall be displayed in a conspicuous place within the rooming house or hotel.
6. 
Every rooming house or hotel license shall remain in force for one-year from date of issuance unless sooner revoked as provided in subsection (8) below.
7. 
No license required by this Section shall be transferable unless the new owner or operator shall give notice in writing to the Housing Inspector within 10 days after the transfer in any manner of ownership or control of the interest in such rooming house or hotel, such notice shall include the name and address of person succeeding to the ownership or control.
8. 
Whenever the Housing Inspector determines that there exists any violation of this Part, he shall serve notice as provided in § 11-215 and may notify the owner or operator in writing that unless the notice of violation is complied with, the rooming house or hotel license may be revoked. After the expiration of the time for compliance as stated on the notice of violation, a reinspection shall be made to determine compliance. If the violation has not been corrected and no appeal is pending the Housing Inspector may revoke the rooming house or hotel license and in such event shall serve written notice upon the owner or operator of such action.

§ 11-212 Licensing of Multifamily Dwellings.

[Ord. 1284, 8/10/1976, § 12; as amended by Ord. 1427, 12/15/1981, § 2]
1. 
No person shall operate a multifamily dwelling unless he obtains from the Housing Inspector a license to operate such multifamily dwelling.
2. 
Any person applying for a license shall supply such information as the Housing Inspector requires and shall pay an initial fee which shall be in an amount as established by resolution, from time to time, by the Borough Council, for each dwelling unit within such multifamily dwelling; and thereafter shall pay an annual fee which shall be in an amount as established by resolution, from time to time, by the Borough Council, for each dwelling unit within such multifamily dwelling. However, such license shall not be charged for any unit occupied by the owner of the premises.
3. 
The Housing Inspector shall, upon the receipt of an application for a license, immediately inspect the multifamily dwelling, and in the event the said multifamily dwelling is in compliance with this Part, the Housing Inspector shall issue the license applied for. In the event the said multifamily dwelling is not in compliance with this Part, the Housing Inspector shall notify said applicant in writing and shall specify the noncompliance with this Part. Upon the complete of said changes, the Housing Inspector shall issue the license applied for.
4. 
Every license shall be displayed in a conspicuous place within the multifamily dwelling.
5. 
Every multifamily dwelling license shall remain in force for one-year from date of issuance.
6. 
No license required by this Section shall be transferable unless the new operator shall give notice in writing to the Housing Inspector within 10 days after the transfer in any manner of ownership or control of the interest in such multifamily dwelling. Such notice shall include the name and address of person succeeding to the ownership or control.
7. 
Whenever the Housing Inspector determines that there exists any violation of this Part, he shall serve notice as provided in § 11-215 and may notify the owner or operator in writing that unless the notice of violation is complied with, the multifamily dwelling license may be revoked. After the expiration of the time for compliance as stated on the notice of violation, a reinspection shall be made to determine compliance. If the violation has not been corrected and no appeal is pending the Housing Inspector may revoke the multifamily dwelling license and in such event shall serve written notice upon the owner or operator of such action.
8. 
Any person whose multifamily license has been revoked or whose application for a license to operate a multifamily dwelling has been denied may appeal to the Board as provided in § 11-215.
9. 
In the event there is more than one building used as multidwelling on a property, each building so used shall be separately licensed and the said license shall be displayed in a conspicuous place in the main entrance of each such building.

§ 11-213 Inspection and Access to Dwellings.

[Ord. 1284, 8/10/1976, § 13]
1. 
The Housing Inspector is authorized and directed to make inspections to determine compliance with this Part. For this purpose, he is authorized, upon jurisdiction based on a valid complaint, on official inspection, or information, and upon showing adequate identification, to enter and examine any dwelling or other building, yard or part of either, at all reasonable times, and every owner, operator or occupant shall provide him free access to it.
2. 
Every occupant of a dwelling or dwelling unit shall give the owner thereof, or his agent or employee, access to any part of such dwelling or dwelling unit, or its premises, at all reasonable times for the purpose of making such repairs or alterations as are necessary to effect compliance with the provisions of this Part or with any lawful rule or regulation adopted or any lawful order issued pursuant to the provisions of this Part.

§ 11-214 Board of Housing Appeals.

[Ord. 1284, 8/10/1976, § 14]
1. 
The Borough Council shall appoint a Board of Housing Appeals consisting of three members who shall be residents of the Borough of Phoenixville. The members who are first appointed shall serve for terms of one, two and three years, respectively, from the date of their appointment as shall be specified at the time of their appointment. Thereafter, the term of office shall be three years. A member shall hold office until his successor has been appointed. The members shall elect from among themselves a chairman.
2. 
The Board of Housing Appeals is a board of limited powers. Although its function is primarily to provide for a reasonable interpretation of the provisions of this Part, the Board shall have the power to make variances and grant extensions of time in cases where strict enforcement of this Part would cause undue or unnecessary hardship. The Board may, in specific cases, authorize such variances to the provisions or requirements of this Part as will not be contrary to public interest.
A. 
In applying to the Board for such variance, the applicant must show:
(1) 
That his property was acquired in good faith.
(2) 
That, by reason of existing topographic conditions pertaining to a specific piece of property, literal enforcement of the provisions or requirements of this Part would cause undue or unnecessary hardship. A claim or even proof merely of a more profitable use, if the variance were granted, is not in itself evidence of such hardship.
B. 
No variance to the provisions or requirements of this Part shall be authorized by the Board unless the Board finds that all of the following facts and conditions of unnecessary hardship exist:
(1) 
The hardship arises from unique circumstances applying to the applicant's property which are not the general condition in the neighborhood;
(2) 
The hardship is not self-inflicted by the applicant;
(3) 
The strict application of the provisions of this Part would impose an unreasonable restraint of unnecessary hardship on the use of the property inconsistent with the general purpose and intent of this Part;
(4) 
The granting of the variance will not injure adjacent property.
3. 
In deciding the appeals the Board may reverse or affirm wholly or partly, or may modify the order, requirement, decision or determination appealed from, and may make such order, requirement, decision or determination as ought to be made.
4. 
The Board shall fix a time and place for the hearing of appeals and such hearings shall be had within a reasonable time after filing the notice of appeal. Notice of the time and place of hearing shall be sent by mail to the applicant or to his attorney or record and such hearing shall not be less than six days after the mailing of the notice.
5. 
The Board shall adopt rules in accordance with the provisions of this Part.
6. 
Meetings of the Board shall be held at the call of the chairman and at such other times as the Board may determine. The chairman, or in his absence the acting chairman, may administer oaths and compel the attendance of witnesses. All meeting of the Board shall be open to the public.

§ 11-215 Notices and Appeals.

[Ord. 1284, 8/10/1976, § 15]
1. 
When the Housing Inspector determines that there exists a violation of any provision of this Part, he shall give written notice of such violation to the violator. Such written notice shall be served by registered or certified mail upon the violator at his last known address. In the event such notice cannot be served by registered or certified mail for any reason, such notice may then be served by posting it in a conspicuous portion of the dwelling and such posting shall be considered good and sufficient notice.
2. 
The notice of violation shall specify the violation which exists and a reasonable time within which to correct it. The notice may also describe a course or remedial action which will effect compliance with this Part.
3. 
Any person aggrieved by a decision or an action of the Housing Inspector may appeal to the Board of Housing Appeals for a review of the decision in accordance with procedures prescribed by the Board of Housing Appeals. If this appeal is filed within 10 days after giving notice of the decision or action of the Housing Inspector, compliance with a notice of violation shall not be required when the appeal is pending before the Board or before a court, except as provided in subsection (5) hereof.
4. 
After the expiration of the time for compliance as stated on the notice of violation, a reinspection shall be made to determine compliance. If the violation has not been corrected and not appeal is pending, the Housing Inspector shall order the violation corrected as specified in § 11-217 of this Part, or shall institute prosecution for the violation or both. However, the Housing Inspector may grant a reasonable extension of time for compliance in cases of hardship.
5. 
Whenever the House Inspector finds that there exists any violation of this Part which creates an emergency requiring immediate correction to protect the health or safety of any occupancy of a dwelling or the public, it may issue a notice of violation reciting the existence of the emergency and requiring necessary action to be taken immediately. Any person to whom such notice is directed shall comply immediately even though an appeal is taken to the Board. Any person aggrieved by such notice of violation may appeal to the Board as provided in subsection (3) above. The Board shall give priority to such appeal.
6. 
A fee of $25, payable in advance, shall be paid for each appeal taken to the Board from a decision of the Housing Inspector to cover the costs of notices and hearing of the appeal.

§ 11-216 Board of Housing Code Revision.

[Ord. 1284, 8/10/1976, § 16]
1. 
The Borough Council shall appoint a Board of Housing Code Revision consisting of five members who shall be residents of the Borough. The members who are first appointed shall be residents of the Borough. The members who are first appointed shall serve for terms of one-, two, three, four and five years, respectively, from the date of their appointment, as shall be specified at the time of their appointment. Thereafter the term of office shall be five years. A member shall hold office until his successor has been appointed. The members shall elect from among themselves a chairman.
2. 
It shall be the duty of the Housing Inspector to make an annual report to the Borough Council and to the Board of Housing Code Revision, which report shall be made public.
3. 
It shall be the duty of the Board to periodically review this Part, at least every three years, in relation to the then current existing conditions insofar as the administration of it is concerned and to make recommendations to the Council concerning amendments thereto.
4. 
The Board shall hold a public hearing after at least 10 days' public notice on all matters before they are presented to the Council with the Board's recommendations.

§ 11-217 Abatement of Violations.

[Ord. 1284, 8/10/1976, § 17]
When upon re-examination after the expiration of the time for compliance with this part, the Housing Inspector finds that the violation has not been corrected, and when the Housing Inspector finds that the violation has not been corrected, and when the Housing Inspector finds that the continuation of such violation constitutes a public nuisance, he may itself or by contract correct the violation and charge the cost thereof plus 10% additional against the violator. Such amounts shall be collected as provided by law.

§ 11-218 Designation of Dwelling Unfit for Human Habitation.

[Ord. 1284, 8/10/1976, § 18; as amended by Ord. 1416, 7/14/1981]
1. 
Whenever the Housing Inspector finds that any dwelling constitutes a serious hazard to the health or safety of the occupants or to the public because it is dilapidated, unsanitary, vermin-infested or lacking in the facilities and equipment required by this Part, he shall designate such dwellings as unfit for human habitation. Such designation shall be posted on the dwelling and shall specify the reason. No person shall remove such notice except as provided in subsection (2) below.
2. 
Any dwelling designated as unfit for human habitation shall be vacated within 30 days or a reasonable time as specified by the Housing Inspector and shall not again be used for human habitation until the hazard has been eliminated and the Housing Inspector has removed the designation and has given written approval for occupancy. Responsibility for vacating the dwelling designated as unfit for human habitation shall rest with both the dwelling owner(s) as to whom the penalty provisions of this Part shall apply.
3. 
Any person aggrieved by a designation of unfitness for human habitation may appeal to the Board, as provided in § 11-215 of this Part.
4. 
When upon re-examination after the expiration of time for compliance, the Housing Inspector finds that any violation has not been corrected, and if the Housing Inspector finds that the continuation of such violation constitutes an immediate serious hazard to the health or safety of the surrounding area or to the general public because of the dilapidated, unsanitary, vermin-infested or unsafe condition, the Housing Inspector shall notify the owner by certified or registered mail that if the violation which constitutes an immediate serious hazard is not corrected within 60 days from the receipt of such notice, or if the receipt of such notice is not returned within 10 days, then the Housing Inspector may post the property with a notice of violation for a period of 15 days, which posting shall constitute proper notice of violation. In the event the violation has still not been corrected after 15 days of posting the property with such notice of violation, the Housing Inspector, using employees of the Borough of Phoenixville or by contract with a private contractor, shall correct the violation by repair or if it is not economically feasible to so correct such violation, demolish the building or structure and charge the costs thereof to the violator plus 10% additional. Such amounts shall be collected in the manner provided by law.

§ 11-219 Minimum Standards for Unoccupied Dwellings.

[Ord. 1284, 8/10/1976, § 19; as amended by Ord. 1338, 8/15/1978, § 1]
1. 
Every unoccupied or vacant dwelling must comply with the following minimum standards for basic equipment and facilities:
A. 
All plumbing fixtures connected to an approved public water system and/or to an approved public sewerage system shall be properly installed and be in sound condition and good repair.
B. 
All plumbing fixtures which are connected to an approved public water system and/or to an approved public sewerage system which are not properly installed or maintained in sound condition and good repair shall be removed and the service terminated in the manner prescribed by existing codes and ordinances.
C. 
All plumbing fixtures which are not connected to an approved water system and/or to an approve sewerage system shall either be connected to an approved system or shall be removed.
2. 
All unoccupied or vacant dwellings which are supplied with electricity shall have every existing outlet and fixture properly connected, wiring and service lines installed and maintained in good and safe working condition, or such outlets and fixtures shall be removed and/or the services from the street terminated in a manner prescribed by existing codes and ordinances.
3. 
All owners of unoccupied or vacant dwellings shall comply with the applicable provisions of the Fire Prevention Code, regulations of the Department of Labor and Industry, Commonwealth of Pennsylvania and the following additional standards for safety from fire:
A. 
No unoccupied or vacant dwelling shall contain any space utilized for the storage of flammable liquids.
B. 
No room within a vacant or unoccupied dwelling shall be used for storage of junk, rubbish or waste, furniture and building materials not intended to be used in the existing dwelling.
C. 
Where vacant and unoccupied dwelling has a heating plant, it shall be maintained in a safe condition.
4. 
All unoccupied or vacant dwellings shall comply with the following minimum standards for safe and sanitary maintenance.
A. 
Every foundation, exterior wall and exterior roof shall be weather tight, watertight and rodent proof, shall be kept in sound condition and good repair, and shall be safe to use and capable of supporting the load which normal use may cause to be placed thereon.
B. 
Every floor, interior wall and ceiling shall be substantially rodent proof, shall be kept in sound condition and good repair, and shall be safe to use and capable of supporting the load which normal use may cause to be placed thereon.
C. 
Every window, exterior door and basement or cellar door and hatchway shall be weather-tight, water-tight, rodent proof and locked and shall be kept in sound working condition and good repair. Boarding up of doors and windows shall not be permitted except that when owner violation of the provisions of subsection (4) of this Section makes the same necessary, the Borough bay board up doors and windows and shall charge the owner the cost of labor and materials for the same and also for removing such boards, the said costs to be added to the penalties provided for under this Part, the boarding up of doors and windows by the Borough not to absolve owners of vacant or unoccupied dwellings of the continuing responsibility to place the said doors and windows in sound working condition and in good repair.
D. 
Every inside and outside stair, porch and any appurtenance thereto shall be safe to use and capable of supporting the load that normal use may cause to be placed thereon, and shall be kept in sound condition and good repair.
E. 
Every yard shall be properly graded so as to prevent the accumulation of stagnant water.
F. 
There shall be a controlled method of disposing of water from roofs by use of gutters and downspouts, which shall be installed and maintained in sound condition, free of leaks and obstructions.
G. 
Every dwelling's cellar, basement and crawl space shall be maintained reasonably free from dampness.
H. 
The exterior of every structure or accessory structure shall be maintained free of broken windows, loose shingles, crumbling stone or brick or excessive peeling paint.
5. 
All owners of unoccupied or vacant dwellings containing any cooking equipment shall be required to see that such facilities are in safe condition.
6. 
All owners of unoccupied or vacant dwellings shall be required to comply with the following standards:
A. 
The yard area (front, side and rear) of an unoccupied or vacant dwelling shall be cleared and maintained free of trash, solid debris or any other materials that cause litter and accumulate to unhealthy and blighting proportion.
B. 
An unoccupied or vacant dwelling, including the yard portion of that dwelling, shall not be utilized for storage of any materials whether solid or liquid.
C. 
Any owner of an unoccupied or vacant dwelling found to be infested with rats, termites, roaches and/or any other insects or vermin, shall undertake an expedient means of extermination of such nuisances. Such extermination shall be certified by an approved exterminator.
D. 
A landlord shall lock or remove all doors and/or lids on appliances, furniture utilized for storage or on heating furnaces in order to deny entry to an individual(s) wherein the potential for physical harm or death may result should said door close and impede the individual's escape.
7. 
The standards and requirements of this Section and all its subsections shall apply as long as any dwelling remains vacant or unoccupied. Upon occupancy, the appropriate sections and provisions of the codes and ordinances of the Borough shall prevail.

§ 11-220 Time Limits for Compliance with Provisions.

[Ord. 1284, 8/10/1976, § 20; as amended by Ord. 1464, 4/12/1983]
The Housing Inspector shall inform owners or occupants of premises of the time limits within which compliance with the Phoenixville Housing Code of 1976 shall occur, the said time limits to be determined by the Housing Inspector in his reasonable discretion as appropriate in each individual case.

§ 11-221 Permits.

[Ord. 1284, 8/10/1976, § 21]
All permits shall expire on June 30 of each year, prior to which date each owner or his agent shall renew the license on the property without notice from the Borough or any of its officers. In the event said license is renewed between July 1 and before August 31st, a penalty of $1 per unit shall be added to the license fee. Any license renewed after August 31st of each year shall bear a penalty of $2 per unit.

§ 11-222 Regulations.

[Ord. 1284, 8/10/1976, § 22]
The Housing Inspector is authorized to make regulations, subject to the approval of the Council, interpreting the provisions of this Part as may be appropriate to effectuate the administration and enforcement of this Part.

§ 11-223 Suspension of Registration; Right of Appeal.

[Ord. 2150,[1] 12/8/2009, § 4]
1. 
Notices Required Prior to Suspension of Rental License. Within any one-year (twelve-month) period, written notices shall be issued as required below. For purposes of determining the one-year (twelve-month) period, it is the period from the date of the most recent offense and the twelve-month period immediately prior to that period.
A. 
Prior to suspension of a rental license, the Code Official shall provide written notice of violation to the owner of any dwelling unit or rooming unit whenever offenses totaling five or more points accumulate at a rental property, dwelling unit or rooming unit within a one-year period. The notice of violation shall list the offenses and state that, whenever 10 or more points accumulate at the rental property, dwelling unit or rooming unit, the rental permit may be suspended. The offenses included are listed in § 11-230 and the corresponding points are listed in § 11-224.
B. 
The written notice of violation shall inform the owner of the rental property, dwelling unit or rooming unit and the owner's responsible local agent that a written correction plan shall be submitted, to the Code Official within 30 days after receipt of the notice of violation. Failure to submit a correction plan will be a factor in determining whether or not to suspend the rental license, should that become applicable.
C. 
The notice of violation shall inform the owner of the rental property, dwelling unit or rooming unit that the owner may request an informal meeting with the Code Official to discuss the violations. Owners requesting a meeting may request that the owner's responsible local agent represent the owner and act on the owner's behalf.
D. 
Whenever 10 or more points due to offenses accumulate at a dwelling unit or rooming unit or the rental property containing such dwelling units and/or rooming units, a permit suspension notice shall be sent to the owner of such rental property, dwelling unit and/or rooming unit advising the owner that the dwelling unit and/or the rooming unit and/or the property in which the dwelling unit or rooming unit is located is designated a problem property and that the rental license is suspended.
[1]
Editor's Note: This ordinance also repealed former § 11-223, Penalties for Violations, as amended, and § 11-224, Conflict of Ordinances; Effect of Partial Invalidity.

§ 11-224 Empowerment and Conditions for Suspension and Assignment of Points.

[Ord. 2150, 12/8/2009, § 4]
1. 
The Code Official is empowered to suspend a rental license whenever the following conditions have occurred: 10 or more points for offenses have accumulated individually or collectively at the dwelling unit or the rooming unit or the property containing the rooming unit within a one-year period and the owner thereof has received the required notice(s).
2. 
Points for offenses shall be assigned as follows:
A. 
One point shall be assigned for each offense of the following ordinances as set forth in § 11-230: property maintenance code offenses resulting in a fine, refuse, sidewalk obstruction, grass and weeds, recycling, and dogs.
B. 
Two points shall be assigned for each offense of the following ordinances or statutes as set forth in § 11-230: disorderly conduct, alcohol possession or consumption by a minor, drugs, simple assault, harassment, open lewdness, indecent exposure, fire prevention code offenses resulting in a fine, and occupancy limits, as designated by the Code of the Borough.
C. 
Three points shall be assigned for each offense of the following statutes as set forth in § 11-230: furnishing of alcohol to a minor violations, aggravated assault, rape, statutory sexual assault, involuntary deviate sexual intercourse, sexual assault, aggravated indecent assault, and possession with intent to deliver controlled substances or look-alike substances.
D. 
Upon discovery of multiple violations at a dwelling unit or rooming unit or the property in which the rooming unit is located, the maximum number of points that can accumulate in a twenty-four-hour period is three.
E. 
When a complaint made by the owner of a dwelling unit or a rooming unit, the owner's responsible local agent or by the tenants and/or occupants thereof results in prosecution against another tenant and/or occupant of the dwelling unit or rooming unit, such violation shall not be counted in the suspension of the rental license.
F. 
Points for all offenses set forth in § 11-224A, B and C shall accumulate against a dwelling unit or rooming unit or the property in which the dwelling unit or rooming unit is located (i) at the time that the owner, tenant or occupant is adjudicated guilty or liable, and (ii) with respect to the appeal of an enforcement notice issued pursuant to Section 616.1 of the Municipalities Code, the Borough's Zoning Hearing Board rules in favor of the Borough. The points shall also accumulate if after being charged or a citation or zoning violation notice is issued, the owner or occupant ignores the citation or arrest and a warrant is issued against the owner or occupant.

§ 11-225 Suspension Procedures.

[Ord. 2150, 12/8/2009, § 4]
1. 
The Code Official shall notify the owner of the suspension of a rental license for a dwelling unit or rooming unit by written notice sent by certified mail or delivered in person. The notice shall advise the owner of the property address of the dwelling unit or rooming unit, the effective dates of the suspension, the reason for the suspension, the effect of the suspension, penalties that can be imposed for violation of the suspension and appeal rights and procedures.
2. 
The Code Official shall set forth the effective date of the suspension in such manner so that suspension commences on the first day following expiration of the lease or leases in force, provided such lease or leases are not for more than a one-year period. When there is no lease in force or when the lease or leases are for periods greater than one year, suspension shall commence upon the first day following the annual rental license renewal date. No rental license shall be renewed for six months for the first suspension and 12 months for each subsequent suspension within a five-year period beginning on the effective date of the suspension.
3. 
During the time a rental license is suspended, if any additional points accumulate against the dwelling unit or rooming unit, the rental license suspension may be extended up to an additional 12 months.

§ 11-226 Effect of Suspension.

[Ord. 2150, 12/8/2009, § 4]
Upon the commencement of suspension, the dwelling unit or rooming unit shall be secured by the owner, and no person, firm, or corporation shall operate or rent/lease to another for residential occupancy any dwelling unit or rooming unit during such time that the rental license for such unit is revoked.

§ 11-227 Defense.

[Ord. 2150, 12/8/2009, § 4]
When tenants and/or occupants are culpable for violations resulting in assignment of points or a suspension notice, the owner may request a stay of proceedings by providing written evidence of the initiation of and diligent pursuit of eviction proceedings against the culpable tenants and/or occupants. If the tenants and/or occupants are evicted, the owner may request termination of the points assigned or suspension proceedings. If the points or suspension has been stayed but the tenants and/or occupants are not evicted, the points or suspension proceedings can be reinstated by the Borough.

§ 11-228 Appeal Procedure for Suspension Initiated by the Code Official.

[Ord. 2150, 12/8/2009, § 4]
Appeals of suspension initiated by the Code Official shall be heard by the Board of Appeals in accordance with the procedures established for appeals to that Board, as set forth in § 1-452 of the Code of Borough. The Board of Appeals is empowered to sustain, withdraw, or modify the suspension.

§ 11-229 Appeal to Court of Common Pleas.

[Ord. 2150, 12/8/2009, § 4]
Appeals by the owner or Borough of the decision of the Board of Appeals shall be made to the Court of Common Pleas of Chester County.

§ 11-230 Offenses.

[Ord. 2150, 12/8/2009, § 4]
For purposes of this Part, offenses are those as set forth in the following ordinances or statutes:
A. 
Occupancy: refers to regulations relating to occupancy of rooming units, dwelling units and dwellings as contained in Chapters 5, 11 and 27 of the Code of the Borough of Phoenixville.
B. 
Refuse: refers to regulations set forth in Chapter 20, Solid Waste, of the Code of the Borough of Phoenixville.
C. 
Property maintenance (interior and exterior): refers to regulations set forth in Chapter 5, Code Enforcement, Part 2, Property Maintenance Code, of the Code of the Borough of Phoenixville.
D. 
Sidewalks: refers to regulations set forth in Chapter 21, Streets and Sidewalks, of the Code of the Borough of Phoenixville.
E. 
Noise: refers to regulations set forth in Chapter 6, Conduct, Part 4, Noise, of the Code of the Borough of Phoenixville.
F. 
Vegetation: refers to regulations set forth in Chapter 10, Health and Safety, Part 3, Grass, Weeds and Other Vegetation, of the Code of the Borough of Phoenixville.
G. 
Disorderly conduct: refers to enforcement by the Borough Police Department of Section 5503, Crimes Code, Act of Dec. 6, 1972, P.L. 1482, No. 334.
H. 
Drugs and possession with intent to deliver: refers to enforcement by the Borough Police Department of The Controlled Substance, Drug, Device and Cosmetic Act, of April 14, 1972, P.L. 233, No. 64, as amended.
I. 
Alcohol: refers to enforcement by the Borough Police Department of violations related to possession or consumption by a minor pursuant to Section 6308, Crimes Code, Act of Dec. 6, 1972, P.L. 1482, No. 334, or furnishing to a minor, Section 493, Liquor Laws, Act of April 12, 1951, P.L. No. 90.
J. 
Dogs: refers to regulations set forth in Chapter 2, Animals, of the Code of the Borough of Phoenixville.
K. 
Fire Prevention Code: refers to regulations set forth in Chapter 7, Fire Prevention and Fire Protection, of the Code of the Borough of Phoenixville.
L. 
Simple assault: refers to enforcement by the Borough Police Department of Section 2701, Crimes Code, Act 172(1).
M. 
Aggravated assault: refers to enforcement by the Borough Police Department of Section 2702, Crimes Code, Act 132(3).
N. 
Harassment: refers to enforcement by the Borough Police Department of Section 2709, Crimes Code, Act 218(1).
O. 
Open lewdness: refers to enforcement by the Borough Police Department of Section 5901, Crimes Code.
P. 
Sexual assault: as enumerated in the Crimes Code referring to enforcement by the Borough Police Department Sections: 3121, rape, Act 226 (1.1); 3122.1, statutory sexual assault; 2123, involuntary deviate sexual intercourse, act 226 (1.1); 3124.1, sexual assault; 3125, aggravated indecent assault, act 226 (1.1); 3126, indecent assault; 3127, indecent exposure.

§ 11-231 Assignment of Points for Offenses.

[Ord. 2150, 12/8/2009, § 4]
1. 
The assignment of points for offenses, as set forth in § 11-224, shall apply towards suspension of the rental license for any single-family dwelling, two-family dwelling, multifamily dwelling, or rooming unit, as the case may be, in accordance with the following schedule:
A. 
Single-family dwelling: Points shall be assigned to the property whenever an offense occurs anywhere on the property, including sidewalks within or along the boundary of the property, provided such offense is caused by a tenant and/or occupant or a guest at the property. Points for offenses committed by the property owner shall be assigned to the property.
B. 
Two-family dwelling, multifamily dwelling or rooming unit: Points for offenses that occur within an individual dwelling unit or rooming unit shall apply to that unit.
2. 
Points for offenses committed by a tenant and/or occupant or guest shall apply to the tenant's dwelling unit or rooming unit. Points for offenses committed by the owner shall be assigned to the property in which the rental unit or dwelling unit is located.

§ 11-232 Penalties for Violations.

[Ord. 2150, 12/8/2009, § 4]
In addition to any other sanction or remedial procedure provided, any person who shall violate any provision of this Part shall, upon conviction thereof, be sentenced to pay a fine of not more than $1,000 and costs of prosecution, or in default of payment of such fine and costs, to undergo imprisonment for not more than 30 days, provided that each day that a violation shall be permitted to continue, after notice, shall constitute a separate offense.