[HISTORY: Adopted by the Borough Council of the Borough of Eddystone 6-12-2006 by Ord. No. 612,[1] approved 6-12-2006. Amendments noted where applicable.]
GENERAL REFERENCES
Building construction — See Ch. 85.
Disorderly premises — See Ch. 107.
Housing standards — See Ch. 172.
Uniform Construction Codes — See Ch. 100.
Rental property — See Ch. 237.
Zoning — See Ch. 295.
[1]
Editor's Note: This ordinance also repealed former Ch. 97, Certificates of Occupancy, adopted 7-17-1967 by Ord. No. 407, approved 7-19-1967, as amended.
As used in this chapter, the following terms shall have the meanings indicated:
APPLICABLE BOROUGH PARTY
An individual or party assigned a specific task. Example: scheduling and use and occupancy inspections or mailing of citations.
APPROPRIATE AGENT(S)
An appointment of any compilation of building code officials, property maintenance officials, deputies and assistants of building code and property maintenance officials and certified third party agents that are charged with enforcement of the Borough of Eddystone's applicably adopted property maintenance code, building code and other codes deemed to provide for public safety.
The Borough Council of the Borough of Eddystone shall appoint building code officials, property maintenance officials, such deputies and assistants, and certified third party agents or organizations [hereby named appropriate agent(s)] that are certified to carry out and enforce the provisions of this chapter. Such positions may be combined with another position or positions of this chapter, and the following shall apply.
A. 
Every person, firm, corporation or any other type of entity owning, managing, conducting or operating a dwelling unit and/or rooming unit, shall not rent, lease, let out or permit the same to be occupied without first applying for and securing the following:
(1) 
An annual rental property license and certificate of occupancy for each occupied and vacant dwelling unit(s) issued pursuant to the provisions of this chapter and other applicable ordinances, rules and regulations enacted by the Borough Council.
(2) 
The above requirements for an annual rental property license shall not apply to a residential, owner-occupied individual dwelling unit or nonresidential commercial or industrial structures/units.
(3) 
A certificate of occupancy shall be required whenever there is a change in ownership or structural modification or structural addition to any residential owner-occupied structure or any commercial or industrial structures/units.
B. 
Every person, firm, corporation or any other type of entity shall not occupy, rent, lease, let out, permit, sell, convey or otherwise transfer, or permit to be occupied or rented any dwelling unit, premises or structure used for residential, commercial or industrial purposes, hereafter created, located, erected, changed, altered, converted or enlarged, wholly or partly, without first securing a certificate of occupancy therefor from the appropriate agent of the Borough.
C. 
The appropriate agent(s) are hereby authorized and directed to process all applications for certificates of occupancy and rental property licenses and, prior to the issuance of same, to determine, by inspection if necessary, that all the requirements of this chapter and/or any other applicable ordinances and rules and regulations enacted by the Borough Council have been met. The fee for the application and issuance of any certificate of occupancy and rental property licenses (as well as any fee for reinspection(s) of properties) shall be set from time to time at the discretion of Borough Council by resolution.
D. 
The fee for inspection shall be filed with the application for a certificate of occupancy and rental property licenses.
The owner and the operator of any dwelling unit which has been rented, leased or let out or re-rented during any calendar year shall, on or before June 1 of the following year, file a list with the Borough Secretary of individual(s) assigned maintenance of the listing of units, setting forth the number of units occupied as of December 31 of the reporting year and the names of the tenants thereof.
In order to be eligible for a certificate of occupancy and rental property license, said dwelling, structure or premises used for commercial or industrial purposes, apartment house, rented dwelling, hotel or motel must comply with all of the ordinances of the Borough of Eddystone and the laws of the Commonwealth of Pennsylvania now in existence or hereafter passed pertaining to building, plumbing, electrical, zoning, health and safety, fire or fire prevention, minimum housing standards and all regulations established pursuant to said ordinances and laws.
The appropriate agent(s) is hereby authorized and directed to make inspections of the conditions of rental dwellings, multiple dwelling units, rooming units and other structures located in the Borough of Eddystone. Upon display of property identification, the inspector is authorized to enter, examine and survey such units and premises on weekdays between 9:00 a.m. and 5:00 p.m., or at such other time as may be necessary in an emergency or as mutually agreed upon by the occupant and the appropriate agent(s) or applicable Borough party responsible for scheduling of appointments. Failure to allow for entry into a premises for inspection and failure to notify the applicable agent or appropriate Borough party within 48 hours of a requested inspection will result in a fine as established by Borough resolution.
A. 
In the event a mutually agreeable date and time cannot be agreed to, the applicable agent(s) or applicable Borough party is authorized to select the date and time for inspection. The inspection date and time shall be confirmed by a certified notice of inspection letter, return receipt requested, sent via U.S. mail and addressed to the last known mailing address of the property owner or manager. The inspection date and time shall also be confirmed by a notice of inspection letter sent via regular U.S. mail and addressed to the last known mailing address of the property owner or manager. In no event shall an inspection be scheduled any sooner than 14 days from the date upon which the notice letter was mailed.
B. 
If the subject property is not made available for inspection on the inspection date confirmed in accordance with either of the foregoing provisions and in the event the property owner or manager and the appropriate Borough party or his agent(s) have not rescheduled an inspection within 10 days of the confirmed inspection date, any previously issued rental license and certificate of occupancy for the subject dwelling unit shall be revoked by the Housing Officer and/or his agent(s).
C. 
In the event any person, firm, corporation or any other type of entity owning, managing, conducting or operating a dwelling unit and/or rooming unit fails to apply for and obtain an annual rental license or certificate of occupancy as required by this chapter, in addition to any other remedies provided for by this chapter, the appropriate agent(s) are hereby empowered and authorized to issue a citation to any and/or each of the aforementioned persons, firms, corporations, or any other type of entity owning, managing, conducting or operating a dwelling unit and/or rooming unit and, upon conviction before a District Justice, such entity shall pay a penalty of not less than $200 nor more than $1,000, plus court costs and reasonable attorney's fees, for each violation, and in default of payment of such penalty and costs be imprisoned for not less than one day nor more than 30 days. Each day there exists a violation of this section shall constitute a separate violation of this chapter, and the Housing Officer and/or his agent(s) may, at their discretion, issue a separate citation for each such individual violation.
Every occupant of a rental dwelling unit or rooming unit shall grant to the owner or his agent(s) or employees free access to it at reasonable times for the purpose of making repairs or alterations to effect compliance with this chapter.
A. 
When the appropriate agent(s) determines that there exists a violation of any provision of this chapter, he shall serve written notice of such violation on the person or persons responsible therefor, as hereinafter provided.
B. 
Such notice shall:
(1) 
Be put in writing.
(2) 
Include a statement of the reasons why it is being issued.
(3) 
Allow a reasonable time for the performance of any act it requires.
(4) 
Be served upon the owner or his agent(s) or upon the occupant, as the case may require, provided that such notice shall be deemed to be properly served upon such person if a copy thereof is sent by registered or certified mail to his last known address or if he is served by any other method authorized or required under the laws of this state.
C. 
Such notice may contain an outline of remedial action which, if taken, will effect compliance with the provisions of this chapter and with rules and regulations adopted pursuant thereto.
Any person affected by any notice which has been issued in connection with the enforcement of any provisions of this chapter or any rule or regulation adopted pursuant thereto may request and shall be granted a hearing on the matter before the Borough Council of Eddystone or a committee appointed by the Borough Council, provided that such person shall file in the office of the Housing Officer or Borough Secretary a written petition requesting such hearing and setting forth a brief statement of the grounds therefor within seven days after the day the notice was served. Upon receipt of such petition, the Borough Council or its appointed committee shall set a time and place for such hearing and shall give the petitioner written notice thereof. At such hearing, the petitioner shall be given an opportunity to be heard and to show why such notice should be modified or withdrawn. The hearing shall be commenced not later than 10 days after the day on which the petition was filed. After the hearing, the Borough Council or its appointed committee may sustain, modify or withdraw the notice of the violation on the basis of the findings at the hearing and shall give the petitioner written notice thereof. Such proceedings shall be summarized in writing and shall become a matter of public record in the office of the Housing Officer. Such record shall also include a copy of every notice or order issued in connection with the matter. If the appointed committee hears the petitioner and makes a decision which the petitioner rejects, the petitioner shall have the right to appeal to the entire Borough Council within seven days of receiving the notice, asking the entire Borough Council to hear the case and make the ruling. Any person aggrieved by the decision of the Borough Council may seek relief therefrom in any court of competent jurisdiction, as provided by the laws of the Commonwealth of Pennsylvania.
Any notice served pursuant to § 97-8 shall automatically become an order if a written petition is not filed in the office of the appropriate agent(s) or applicable Borough party within seven days after such notice is filed.
Whenever the appropriate agent(s) finds that there exists any violation of this chapter which creates an emergency requiring immediate correction to protect the health or safety of any occupant of a rental dwelling or the public, he may issue an order reciting the existence of such an emergency. Notwithstanding the other provisions of this chapter, such order shall be effective immediately. Any person to whom such order is directed shall comply therewith immediately but, upon petition to the Borough Council, shall be afforded a hearing as soon as possible. After such hearing, depending upon the findings of the Council as to whether the provisions of this chapter and of the rules and regulations adopted pursuant thereto have been complied with, the appropriate agent(s) shall continue such order in effect, or modify it, or revoke it.
Whenever the appropriate agent(s) finds that a rental dwelling unit constitutes a serious hazard to the health or safety of the occupants or to the public because it is dilapidated, unsanitary, vermin-infected, rodent-infested or lacking in basic facilities and equipment required by this chapter, he shall designate such dwelling unit as unfit for human habitation. Such designation shall be posted on the dwelling and shall specify the reason for such a finding. A notice of violation shall also be served in accordance with the provisions of § 97-8. Any dwelling unit so designated shall be vacated within a reasonable time as specified by the appropriate agent(s) and shall not again be used for human habitation until the hazard or violation has been eliminated or corrected and the Housing Officer has removed the designation and given written approval for occupancy. A report of any such closing must immediately be filed with the Borough Council.
The Borough Council is authorized to make and adopt such procedural rules as it may deem necessary for the proper enforcement of this chapter, provided that such procedural rules and regulations shall not be in conflict with the substantive provisions of this chapter. Such rules and regulations shall have the same force and effect as the provisions of this chapter, and the penalty for violation thereof shall be the same as penalty for violation of the provisions of this chapter.
If a violation has not been corrected within the time designated for such compliance and the Borough Council finds that the continuation of such violation constitutes a public nuisance or hazard, it may order the correction of such violation, using Borough funds or Borough personnel to accomplish such corrections, and may charge the costs thereof to the violator. It may collect such cost by lien and/or otherwise as may be authorized of the Commonwealth of Pennsylvania.
Any person, firm, corporation, or any other type of entity who violates any provision of this chapter or any provision of any resolution, rule or regulation adopted by the Borough Council pursuant to authority granted by this chapter or who fails to correct within a reasonable time [The determination of a reasonable time is in the sole discretion of the appropriate agent(s), but in no event shall be less than 20 days.] the defects for which the dwelling or dwellings have been cited, shall, upon conviction before a District Justice, pay a penalty of not less than $200 nor more than $1,000, plus court costs and reasonable attorney's fees for each violation and, in default of payment of such penalty and costs, be imprisoned for not less than one day nor more than 30 days.