[HISTORY: Adopted by the Borough Council
of the Borough of Sayre 7-17-2008 by Ord. No. 858. Amendments noted where
applicable.]
This chapter shall be known as the Borough of
Sayre "Landlord Registration Ordinance."
It is the purpose of this chapter and the policy
of Sayre Borough to protect the health, safety and welfare of tenants
in rental units in the Borough of Sayre. Furthermore, this chapter
will verify the location of said units and provide for notification
in the event of an emergency. This chapter will benefit the Borough
of Sayre to be able to ascertain and confirm whether all individuals
residing in the Borough in rental units are accurately documented
within the Borough for enforcement of all other Borough ordinances.
As used in this chapter, the following terms
shall have the meanings indicated:
An individual of the age of 18 years or more.
The Borough of Sayre, Bradford County, Commonwealth of Pennsylvania.
The duly appointed Code Enforcement Officer having charge
of code enforcement in the Borough of Sayre.
Any building or portion thereof designed or used exclusively
as the habitation place, residence or sleeping place of one or more
persons. This definition shall be construed to include but not limited
to mobile homes and rooming houses. This definition shall not be construed
to include hotels, motels, homeless shelters, dormitories, hospitals,
rehabilitation or treatment centers, nursing homes or personal care
homes.
A natural or nonnatural person or entity, including one or
more persons, jointly or severally, in whom is vested all or part
of the legal title to the premises or all or part of the beneficial
ownership and a right to the present use and enjoyment of the premises,
including a mortgage holder in possession of a residential rental
unit (same as "owner").
An adult individual designated by the owner of a residential
rental unit to oversee said unit or units.
An individual who resides in a residential rental unit, whether
or not he or she is the owner thereof, with whom a legal relationship
with the owner/landlord is established by a lease or by the laws of
the Commonwealth of Pennsylvania.
A natural or nonnatural person or entity including one or
more persons, jointly or severally, in whom is vested all or part
of the legal title to the premises or all or part of the beneficial
ownership and a right to the present use and enjoyment of the premises,
including a mortgage holder in possession of a residential rental
unit (same as "landlord").
A rental unit in which the owner resides on a regular and
permanent basis.
A natural person, partnership, corporation, unincorporated
association, limited partnership, trust or any other entity.
Any parcel of real property in the Borough of Sayre, including
the land and all buildings and appurtenant structures or appurtenant
elements, on which one or more rental units are located.
Any structure within the Borough of Sayre that is occupied
by someone other than the owner of the real estate as determined by
the most current deed and for which the owner of the said parcel of
real estate received any value, including but not limited to money,
or the exchange of services.
An individual who resides in a rental unit, whether or not
he or she is the owner thereof, with whom a legal relationship with
the owner/landlord is established by a lease or by the laws of the
Commonwealth of Pennsylvania.
A.
Every owner who offers habitation for compensation
as owner, designee, or manager of one or more dwelling(s) within the
Borough of Sayre shall, for each such dwelling unit or units (other
than the dwelling unit in which the owner resides), on or before October
1, 2008, and between September 1 and October 1 of each subsequent
year, provide the following information to the Borough Manager or
Borough designee:
(1)
Such registration for habitation shall be effected
by furnishing to the Borough the following information:
(a)
Name of owner.
(b)
Address of owner.
(c)
Address of rental property or properties.
(d)
Whenever ownership of a rental property changes,
the new owner shall register the property within 30 days of the property
transfer date and shall fulfill all requirements of this chapter.
(e)
A brief description of type and number of rental
unit(s), and the full name and address and unit number (if any) of
these adult individuals occupying dwelling units owned or within the
management control of the reporting individual or entity on or before
the first day of October of the reporting year.
(f)
Name and street address of manager or owner
designee, if any, authorized to receive notification of registration
violations or other communications, including service of process.
Notification of the owner or his agent at the address shown on the
registration form shall constitute sufficient notice.
(g)
The owner or owner's designee shall sign the
registration form.
B.
The reporting of the required information by the owner
shall excuse the provision of the required information by the manager
for the same premises. The reporting of the required information by
the Manager shall excuse reporting by the owner of the same premises.
In the event of noncompliance, the owner shall be held responsible
for such noncompliance. Where real estate is owned by multiple ownership,
a designee shall be submitted for the multiple ownership, and observance
of the reporting requirement by the designee shall be deemed as fulfilling
the requirements as to all co-owners.
C.
This section shall require each owner, manager, owner's
designee, or landlord to report the name, address, and beginning and
end dates of residency of all tenants of the age of 18 years or more
of which the owner, manager, owner's designee or landlord has actual
knowledge with the exercise of due diligence.
D.
The Manager of the Borough of Sayre is hereby authorized
to require standard reporting forms and documents to accomplish the
foregoing reporting requirements.
E.
The information resulting from the foregoing reporting
requirement is restricted in dissemination to the following:
Designation of Manager. Every owner who is not
a full-time resident of the Borough of Sayre, and/or who does not
live within 60 miles of the boundaries of the Borough of Sayre, shall
designate a manager who shall reside in an area that is within 60
miles from the Borough of Sayre. If the owner is a corporation, a
manager 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 a manager. If the owner is a partnership, a manager
shall be required if a partner does not reside within the above-referenced
area. Said partner shall perform the same function as a manager. The
manager shall be the agent of the owner for service of process and
the receiving of notices and demands, as well as for performing the
obligations of the owner under this chapter and under rental agreements
with occupants. The identity, address and telephone number(s) of a
person who is designated as manager hereunder shall be provided by
the owner or manager to the Borough, and such information shall be
kept current and updated as it changes.
A.
Any individual, entity or firm which converts any
structure to a residential rental unit or units shall register the
residential rental unit or units with the Borough of Sayre within
30 days of the completion of the conversion of the unit or units,
within 30 days of the time when any rent, including the exchange of
other services for the unit or units, is obtained or within 30 days
of the date within which a tenant or tenants occupy the unit or units,
whichever event occurs first.
B.
The owner of a residential rental unit must update
the registration information on record with the Borough Manager or
designee within 30 days of any changes of the information set forth
below.
C.
All owners of any residential rental unit living outside
of the sixty-mile limit must have a local manager who shall reside
within 60 miles of the Borough of Sayre and who shall be available
as an emergency contact person.
A.
Any person who shall violate any provision of this
chapter shall, upon conviction thereof, by a District Justice, be
punished by a fine of not less than $50 or no more than $500 and cost
of such proceedings or, upon default of payment of such fine and costs,
by imprisonment in the county jail for not more than 30 days.
B.
In any prosecution against an owner for failure to comply with the reporting requirements of this chapter, in the absence of the owner's actual knowledge, with reasonable due diligence to have actual knowledge. Failure of an owner to use due diligence when requesting the information required by § 101-2 shall be considered a per se violation of the standard of this chapter.
C.
For the purpose of this section, any violation of
the section relating to the reporting requirements of landlords shall
be considered as a separate offense for each unreported dwelling unit
and name of the tenant if occupied during the reporting period. Each
day of nonreporting by an owner on or before the first day of October
in any reporting year shall be treated as a separate offense.
D.
It shall be a violation of this section for any owner
to maintain a rental unit which has not been registered in accordance
with this chapter.
The Borough Manager or the Borough Manager's
designee shall institute enforcement of this chapter.
