[HISTORY: Adopted by the Borough Council
of the Borough of Jersey Shore as indicated in article histories.
Amendments noted where applicable.]
[Adopted 3-2-1992 by Ord. No. 1-92 (Ch.
11, Part 1, of the 1996 Code)]
Every owner of real estate within the Borough
of Jersey Shore, Lycoming County, Pennsylvania, who rents or leases
any parcel of real estate, in whole or in part to any other person(s),
shall file with the Borough Manager of the Borough of Jersey Shore,
a certified list of all person(s) who rented real estate from said
owner during the preceding six months. Said list shall include the
name and last known address of each adult who resided in said rented
real estate for all or a portion of said six-month period. The list
shall be filed semiannually, the deadlines for said semiannual filing
being May 31 and November 30 of each and every calendar year.
For the purpose of this article the fact that the owner of real estate rents or leases any property for minimal or no rent to another person shall not exclude said owner from filing the certified list required in § 231-1, above.
[Amended 5-6-1996 by Ord. No. 4-96]
Every owner of real estate who fails to so comply
with the requirements of this article shall, upon conviction thereof,
be sentenced to a fine of not more than $600 plus costs and, in default
of payment of said fine and costs, to a term of imprisonment not to
exceed 30 days. For the purpose of this article, every day that an
owner of real estate is late in filing said certified list as required
above shall constitute a separate offense.
[Adopted 9-16-2013 by Ord. No. 2013-08]
This article shall be known as the "Jersey Shore Borough Rental
Inspection Ordinance." The Borough of Jersey Shore has experienced
problems with the maintenance and safety of non-owner-occupied properties
and has concerns about the health, safety and welfare of occupants
of these non-owner-occupied properties within the Borough. The purpose
of this article is to enhance the safety of non-owner-occupied properties
through a system of inspection which focuses on compliance with the
property maintenance codes governing existing structures.
As used in this article, the following terms shall have the
meanings indicated:
The Borough of Jersey Shore, Lycoming County, Pennsylvania,
or an authorized agent and/or official directed to act on behalf of
Jersey Shore Borough.
Property Maintenance Board of Appeals of the Borough of Jersey
Shore, as appointed.
The certificate issued by the Code Official indicating that
the rental unit is in compliance with this article for a specified
time.
The Code of the Borough of Jersey Shore and the International
Property Maintenance Code lawfully adopted and as amended from time
to time.
Any individual, individuals or third-party contractor designated
by the Borough to administer and enforce this article.
A single residential unit occupied by the owner and/or the
owner's immediate family.
Any person, copartnership, association, corporation, or fiduciary
having legal, or equitable title, or any interest in any real property.
Whenever used in any clause prescribing or imposing a penalty, the
term "owner," as applied to copartnership and associations, shall
mean the partners or members thereof, and as applied to corporations,
the officers thereof.
Any structure or structurally enclosed area used or intended
to be used as living quarters for one or more individuals and cannot
be used for a commercial purpose.
A residential unit occupied by other than the owner and/or
the owner's immediate family.
That which is built or constructed or a portion thereof.
No regulated rental unit shall be occupied unless the owner
or designated agent obtains and keeps a current certificate of inspection
on file as required by the provisions of this article. Every owner
of property, within the Borough of Jersey Shore, shall have the affirmative
duty, by December 31, of every year, to report, in writing, to the
Borough of Jersey Shore, if they own a regulated rental unit within
the Borough of Jersey Shore, and if so, the number of units and address
of the same.
Regulated rental units shall be subject to inspection in accordance
with the provisions of this article.
A.
Purpose. Inspections required by this article shall be for the purpose
of determining compliance with the provisions of the code in effect
on the date of inspection.
B.
Inspectors. Inspections required by this article shall be conducted
by the Borough or the Borough's designated official(s) and/or
agent(s).
C.
Inspection standards. In order for an owner to obtain and/or retain
a certificate of inspection, regulated rental units shall comply with
all applicable portions of the code.
D.
Timing of inspections/renewals.
(1)
On or after the effective date of this article, prior to any nonregulated
residential unit being converted to use as a regulated rental unit,
the owner of the unit shall contact the Borough and submit an application
for inspection and a certificate of inspection shall be obtained from
the Borough in accordance with this article prior to occupancy of
such nonregulated residential unit by anyone other than the owner
or owner's immediate family, and subsequent inspections shall
occur as set forth herein.
(2)
The Code Official shall notify the owner of a regulated rental unit
of a pending inspection. The owner shall contact the Code Official
and schedule an inspection within 30 days from the receipt of the
notice. A certificate of inspection issued for a regulated rental
unit shall expire four years after the date of issuance, and regulated
rental units shall be reinspected prior to the expiration date on
certificate of inspection.
(3)
Any property that has been inspected as set forth in Subsection D(2) and subsequently becomes vacant for a period of two years must be reinspected prior to occupancy as a regulated rental unit.
(4)
For purposes of inspections, the Borough shall be divided into four
inspection wards. Inspections shall occur on a four-year basis. This
can be changed, by the Borough, from time to time, by resolution.
E.
Exceptions.
(1)
Any regulated rental unit that is subject to an inspection by any
other governmental agency which inspection standards are equal to
or greater than the Borough's codes. Nothing contained in this
exception shall be deemed to exclude the property from being subject
to any of the Borough's codes.
A.
General provision. Upon the date of the completion of an inspection
of a regulated rental unit in which no violations of the code are
found or on the date that any such violations have been corrected,
and after the payment of the inspection fee has been made, the Borough
shall issue a certificate of inspection for the regulated rental unit.
The certificate of inspection shall be kept on file by the owner or
designated agent and made available to the Code Official upon request.
B.
Report of inspection and appeals. Any violations of the code found
by the Code Official during an inspection or reinspection shall be
documented by the Code Official on a report of inspection in sufficient
detail to allow the owner to correct the violation. The report of
inspection shall be provided to the owner within 15 days of the date
of inspection. Any appeal from the report of inspection shall be filed
and heard in the manner provided herein.
C.
Multiunit structures. Each unit in a multiunit structure which meets
the definition of a "regulated rental unit" shall be considered to
be a separate regulated rental unit. Units within a structure which
are in compliance with the code may continue to be occupied if, in
the opinion of the Code Official, other portions of the structure
or units therein which either do not apply or have not passed inspection
do not create a hazard to the health and safety to the persons occupying
the units in compliance with the article.
D.
Compliance with code. The issuance of certificate of inspection does
not relieve the property owner of the responsibility of maintaining
a structure or regulated rental unit in accordance with the code.
E.
Forms. The application for inspection, certificate of inspections,
notice of transfer, report of inspection and any other forms and documents
necessary to administer the requirements of this article shall be
in such form as shall be approved, from time to time, by the Borough.
A.
Newspaper advertisement. The Borough shall, each year, cause notice
of this article to be published two times in a newspaper of general
circulation within the Borough. The first notice shall be published
during January of each calendar year except in the year of enactment,
when the first notice shall be published within 30 days of the date
of enactment. The second notice shall be published during October
of each calendar year. The notice shall set forth the general requirements
of this article, that inspection may be required before a regulated
rental unit is occupied and where a copy of this article may be obtained.
B.
Written notice must be given to the property owner or agent prior
to an inspection. The property owner or agent shall provide the tenant
with reasonable notice of the inspection.
C.
Any agent or official, acting on behalf of the Borough, shall provide
the Borough with a copy of any and all documentation in its possession
pertaining to this article. This includes but is not limited to letters,
permits, notices, action items and the like. This is to insure that
the Borough has the same file in its possession as said agent or official
acting on behalf of the Borough.
A certificate of inspection issued hereunder is transferable
to any person or entity who acquires ownership of a regulated rental
unit for the unexpired portion of the four-year term for which the
certificate was issued. The new owner of the regulated rental unit
shall file a notice of transfer of the certificate of inspection with
the Borough within 30 days of the date of sale or transfer or ownership.
A certificate of inspection shall terminate upon failure to file a
notice of transfer within 30 days of the date of sale or transfer
of ownership of the regulated rental unit.
The owner of any regulated rental unit shall be responsible
for compliance with the provisions of this article.
A.
General.
(1)
Depending on the severity and/or number of violations of the code,
the Borough may initiate action against an owner that may result in
a notice of violation and/or suspension or revocation of a certificate
of inspection for violating any provisions of this article that impose
a duty upon the owner and/or failing to regulate the breach of duties
by occupants as provided herein, subject to the right of appeal herein.
(2)
In order for an owner to obtain or retain a certificate of inspection,
the property owner has the responsibility for maintaining the structure
and/or regulated rental unit in accordance with the code and to pay
all associated fees.
(3)
Administration, inspections and notifications utilized in the enforcement
of this article shall be conducted in accordance with the procedures
set forth in the current version of the International Property Maintenance
Code subsequently adopted by the Borough.
B.
Borough's options.
(1)
Notice of violation. Violation(s) of the code shall result in the
issuance of a notice of violation by the Code Official in accordance
with procedures contained in the current version of the International
Property Maintenance Code or other such property maintenance code
subsequently adopted by the Jersey Shore Borough.
(2)
Suspension. A certificate of inspection may be suspended upon issuance
of a notice of violation. Notification of the suspension of the certificate
shall be included in the notice. Upon failure of the certificate holder
to correct the violations set forth in the notice in the time period
therein specified, the certificate of inspection may be revoked. A
suspended certificate of inspection shall be reinstated at the time
the violation(s) cited in the notice are corrected. Suspension of
a certificate shall not result in eviction of the occupants of the
unit.
(3)
Revocation. Should an owner fail to correct the violations set forth
in a notice of violation in the time period therein specified or should
the Code Official determine that a structure or unit is unsafe or
unfit for occupancy, the certificate of inspection may be revoked
and the owner shall be notified of the immediate loss of the right
to rent the unit(s) in question. Upon revocation of a certificate
of inspection, the owner shall take immediate action to evict the
occupants of the unit(s).
C.
Grounds for taking action. Any of the following may subject an owner
to actions as provided for in this article:
(1)
Failure to abate a violation of this article that applies to the
premises within the time directed by the Borough.
(2)
Refusal to permit the inspection of the premises by the Borough,
as provided for in this article.
(3)
Failure to take steps to remedy and prevent violations of this article
by occupants of a regulated rental unit as provided for in this article.
(4)
Failure to pay all associated fees required.
Any person affected by any notice or order which has been issued
in connection with the enforcement of any provision of this article,
or of any rule or regulation adopted pursuant thereto, may request
and shall be granted a hearing on the matter before the Board of Appeal.
Appeals shall be filed and appeal hearings conducted in accordance
with the procedures set forth in the current version of the International
Property Maintenance Code or other such property maintenance code
subsequently adopted by the Borough.
The owner of any regulated rental unit who has violated or permitted
the violation of this article shall be subject to the penalty provisions
of the Code of the Borough of Jersey Shore and/or the International
Property Maintenance Code, whichever is applicable.
The Borough is authorized to assess fees upon owners or regulated
rental units for inspections, reinspections, issuance of certifications
of inspection and reports of inspections and other administrative
actions necessary to implement this article. Fees assessable by the
Borough for the administration and enforcement undertaken pursuant
to this chapter and the code shall be established by the Borough Council
by resolution from time to time.
