City of Harrisburg, PA
Dauphin County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the City Council of the City of Harrisburg 10-11-2011 by Ord. No. 9-2011. Amendments noted where applicable.]

§ 8-511.1 Title.

This chapter shall be known and may be cited as the "Residential Rental Unit Permit Program."

§ 8-511.2 Legislative findings and intent.

A. 
A growing concern exists in the City regarding the general lack of maintenance, upkeep and resultant decline in the physical condition of residential rental units. The City has experienced a greater incidence and severity of violations of City codes at residential rental properties, as compared to owner-occupied properties. A systematic permit and inspection program for all residential rental properties can minimize the presence of life-safety violations at these properties.
B. 
The purpose of this chapter and the policy of the City of Harrisburg is to protect and promote the health, safety and welfare of its citizens, to establish rights and obligations of both owners and occupants of residential rental units in the City, and to ensure that owners and occupants share the responsibility to maintain the residential rental units in compliance with City codes and to avoid nuisances for neighboring residents and businesses. To that end, this chapter provides a systematic program for inspection and permitting of all residential rental units within the City, as well as provisions for the revocation of permits and institution of penalties.

§ 8-511.3 Definitions.

The following words and phrases, whenever used in this chapter, shall be construed and defined as follows:
CERTIFICATE OF COMPLIANCE
A form generated and issued by the Codes Administrator or a designee stating that any City codes violations which existed at a property have been abated such that the property is no longer in violation of City codes.
CERTIFICATE OF OCCUPANCY
A form issued by the Codes Administrator or a designee upon completed rehabilitation of a property or after completion of new construction certifying that the property has passed progressive inspection requirements and that occupancy is permitted.
CITY CODES
Those ordinances codified in Title 8, Part 1, of the City of Harrisburg Codified Ordinances relating to property maintenance (Chapter 8-107), building (Chapter 8-101), electrical (Chapter 8-103), plumbing (Chapter 8-105), mechanical (Chapter 8-109), residential for one- and two-family dwellings (Chapter 8-111), fuel gas (Chapter 8-113), existing building (Chapter 8-115), the regulations incorporated into the City's Codified Ordinances by adoption of the Uniform Construction Code (Chapter 8-117) and the fire prevention ordinances (Title 3, Chapters 3-901, 3-903 and 3-905), any amendments thereto made from time to time, and any rules and regulations promulgated thereunder meant for the protection and facilitation of the public health, safety and general welfare.
DISRUPTIVE CONDUCT
Any form of conduct, action or omission, incident or behavior perpetrated, caused or permitted by any occupant or guest of a residential rental unit, as defined herein, that constitutes a violation of any ordinance of the City of Harrisburg or any other law and may be reasonably anticipated to disturb other persons of reasonable sensibility in their peaceful enjoyment of their premises or cause damage to said premises. Violations of City ordinances or other laws constituting disruptive conduct shall include but not be limited to any violation involving use of a firearm, explosive device or fireworks; prostitution; amplified music or other loud noise; or the use, distribution or manufacture of illegal drugs. "Disruptive conduct" shall also include violations of the Property Maintenance Code, Chapter 8-107 of the Codified Ordinances and any amendments thereto; Ownership, Care, and Possession of Animals, Chapter 3-505 and any amendments thereto; and Disturbing the Peace, Chapter 3-341 and any amendments thereto. In order for a disruptive conduct incident to constitute a violation under this chapter, a citation must be issued by the City or other law enforcement agency and result in a guilty verdict, guilty plea or nolo contendere plea before a magisterial district judge, the Dauphin County Court of Common Pleas or another judicial authority. If an appeal is filed from a determination of guilt, the matter shall not be deemed to constitute a disruptive conduct offense unless and until a finding of guilt is affirmed on appeal.
[Added 11-13-2012 by Ord. No. 11-2012]
DISRUPTIVE CONDUCT REPORT
The written record enumerating occurrences of disruptive conduct relating to a single residential rental unit, which shall be maintained by the Codes Administrator or designee.
[Added 11-13-2012 by Ord. No. 11-2012]
EXTERIOR AREA
The outside facade of a building, including but not limited to any balcony, porch, yard, lawn, landscaping, sidewalks, setbacks, curbs, and all open area contiguous to a building owned by the same person or persons or part of the same real estate parcel.
GUEST
Any person present at any residential rental unit with the actual or implied consent of the occupant thereof.
INITIAL RESIDENTIAL RENTAL PERMIT
The first residential rental permit issued for a residential rental unit in accordance with this chapter.
LIFE-SAFETY VIOLATION
Any violation of the City codes that constitutes a threat to the health, safety, or well-being of persons or to the structural integrity of a building or adjoining building or any part thereof.
MULTIFAMILY DWELLING
Any building comprised of two or more residential rental units where the occupant(s) of each residential rental unit live independently of the occupants of all other residential rental units located in the same building. This term shall also mean any building comprised of at least one residential rental unit and an owner-occupied unit where the occupant(s) of each residential rental unit lives independently of the occupant(s) of all other residential rental units and the owner-occupants.
NEWLY ESTABLISHED RESIDENTIAL RENTAL UNIT
A residential rental unit which results from new construction, the conversion of formerly private residential property to a residential rental unit or the conversion of formerly commercial property to a residential rental unit and for which a compliance certificate or residential rental permit has never previously been issued.
OCCUPANT
Any person who resides in a residential rental unit, regardless of whether such person has executed a rental agreement for said premises.
OWNER
Any person or persons, agent, operator, firm, corporation, partnership, association, property management group, or fiduciary having legal, equitable or other interest in any real property containing one or more residential rental units, or recorded in the official records of the state, county or municipality as holding title to the property, or otherwise having control of the property, including the guardian of the estate of any such person and the executor or administrator of such person's estate. When used in this chapter in a clause prescribing any activity or imposing a penalty, the term, as applied to partnerships and associations, shall mean each partner and, as applied to corporations, the officers thereof.
RENTAL OR LEASE AGREEMENT
A written or otherwise legally enforceable agreement between an owner and an occupant, embodying the terms and conditions concerning the use and occupancy of a residential rental unit.
RESIDENTIAL RENTAL PERMIT
A written document issued by the City's Department of Building and Housing Development, Bureau of Codes Enforcement ("Codes Bureau"), indicating that the owner of the residential rental property has paid the annual permit fee and that all rental units contained by the property have passed an annual inspection for compliance with City codes.
RESIDENTIAL RENTAL UNIT
Any dwelling unit or room that is not occupied by the owner or is occupied by one or more persons, none of whom is the owner of such unit or room, pursuant to a rental agreement, lease/purchase agreement or long-term (greater than six months) sales agreement.
SINGLE-FAMILY DWELLING
Any building comprised of one residential rental unit, whether attached (townhouse), detached (having two side yards) or semidetached (having one side yard and sharing one party wall in common with another building).

§ 8-511.4 Designation of responsible agent.

A. 
An owner of a residential rental unit shall provide the Codes Bureau with the name, address, which shall not be a post office box, and telephone number of a designated responsible agent, who shall be an individual and who shall reside or maintain a place of business within 50 miles of the City of Harrisburg. Designation of the responsible agent shall authorize the responsible agent to receive notices and communications necessary or deemed appropriate under the terms of this chapter and to accept service of process and initial and subsequent pleadings on behalf of the owner which may be necessary or deemed to be appropriate for the enforcement of this chapter; provided, however, that nothing contained herein shall affect the right of the Codes Bureau to submit notices and communications directly to the owner, rather than the responsible agent, or to serve process and initial or subsequent pleadings in any other manner permitted by law.
B. 
Information relating to the designation of the responsible agent shall be in writing on a form provided by the Codes Bureau and shall be submitted to the Codes Bureau at the same time that an application is made for a residential rental permit or renewal thereof. Applications received without the required information relating to the designation of the responsible agent shall be deemed incomplete and will not be considered by the Codes Administrator until such information is received.
C. 
It shall be the duty of the owner to update the information required by this section within 30 days if the name or information of the designated responsible agent changes. Failure to do so may result in the suspension or revocation of a previously issued residential rental permit.

§ 8-511.5 Obligations of owner.

A. 
It shall be the duty of every owner to keep and maintain all residential rental units and all exterior areas thereof in good repair, in a safe and sanitary condition, and to maintain the residential rental units in compliance with all applicable City codes and all other applicable state laws and regulations. The owner shall respond to and correct any problems or make any repairs necessary to fulfill this obligation within 30 days after receiving a valid complaint from an occupant or within the time prescribed by a notice of violation, as defined and outlined in § 8-511.8, whichever is earlier.
B. 
The owner shall be responsible for all routine and regular maintenance of all residential rental units and exterior areas, including but not limited to lawn mowing and snow removal. The owner and occupant may agree in writing that the occupant is to perform specified repairs, maintenance tasks, alterations or remodeling. The existence of such agreement shall be indicated in the application for a residential rental permit or renewal thereof. Such agreements are valid only if entered into in good faith and not for the purpose of evading the obligations of the owner. The existence of any such agreement shall not relieve the owner of any responsibility under this chapter or other City codes for proper repair and maintenance of a building and premises.
C. 
It shall be the duty of every owner to regulate the proper and lawful use of all residential rental units and to discourage and prevent as may be possible the occurrence of disruptive conduct through the rental agreement and the owner's enforcement thereof. Upon the receipt of a disruptive conduct report from the City, it shall be the duty of every owner to contact the offending occupants, if such residential rental unit is occupied, and remind them of their responsibility for their conduct and that the City will revoke the residential rental unit permit upon the receipt of two such disruptive conduct reports.
[Amended 11-13-2012 by Ord. No. 11-2012]
D. 
Upon the execution of a rental agreement, it shall be the duty of every owner to provide the occupants with the name, address and telephone number of the owner and manager, if applicable, and responsible agent designated under § 8-511.4, if different than the owner and manager, in writing.
[Amended 11-13-2012 by Ord. No. 11-2012]
E. 
It shall be the duty of every owner to obtain and renew on an annual basis a residential rental permit pursuant to the provisions of this chapter for all residential rental units. It shall be a violation of this chapter for any owner to cause any residential rental unit to be rented to any occupant without first obtaining a residential rental permit for such residential rental unit.
F. 
Each owner shall notify the Codes Bureau in writing within 10 business days of any change in ownership of any building containing residential rental units or any change in the number of residential rental units contained within a building.
G. 
The owner shall comply with all provisions of the Landlord-Tenant Act of Pennsylvania.[1]
[Added 11-13-2012 by Ord. No. 11-2012]
[1]
Editor's Note: See 68 P.S. § 250.101 et seq.
H. 
The owner must comply with directives of the Codes Administrator for the eviction of occupants in accordance with § 8-511.12.
[Added 11-13-2012 by Ord. No. 11-2012]
I. 
All rental agreements for residential rental units shall be in writing or otherwise legally enforceable and shall be supplemented with the addendum attached hereto as Appendix A.[2] All disclosures and information required to be given to the occupant(s) by the owner shall be submitted to the occupant(s) prior to execution of the rental agreement. The owner shall provide the occupant(s) with copies of the rental agreement and addendum before commencement of the lease. No rental agreement may provide that the occupant(s) or owner agrees to waive or forego rights or remedies under this chapter. Any provision prohibited by this subsection included in a rental agreement shall be unenforceable.
[Added 11-13-2012 by Ord. No. 11-2012]
[2]
Editor's Note: Appendix A is on file at the office of the City Clerk.
J. 
Upon written request by the Codes Administrator or designee, the owner shall, within 10 days of the request, submit to the City a copy of the rental agreement entered into between the owner and occupants and a copy of the signed addendum to the rental agreement required by Subsection I.
[Added 11-13-2012 by Ord. No. 11-2012]

§ 8-511.6 Obligations of occupant.

[Added 11-13-2012 by Ord. No. 11-2012]
The occupant(s) shall:
A. 
Comply with all obligations imposed upon occupants by this chapter, all applicable codes and ordinances of the City and all applicable state and federal laws and regulations. The occupant(s) shall ensure compliance with any occupancy limits imposed by City codes.
B. 
Conduct him/herself or themselves and require guests and other persons present on the premises of the property upon which the residential rental unit is located, with the consent of the occupant(s), to conduct themselves in a manner compliant with the ordinances and regulations of the City of Harrisburg and other applicable laws so that they do not disturb the peaceful enjoyment of residents of other residential rental units within the property or the occupants of neighboring and nearby dwellings.
C. 
Collect and dispose of all garbage, rubbish, and other waste from his/her/their residential rental unit in a clean and sanitary manner and comply with City solid waste and recycling ordinances, including the use of approved refuse and recycling receptacles, and all ordinances applicable to residential properties under the City's Public Health Code.
D. 
Not engage in, nor tolerate or permit guests on the premises to engage in, disruptive conduct as that term is defined in this chapter.
E. 
Permit inspections of the residential rental unit at reasonable times, upon reasonable notice (at least 24 hours except in the case of an emergency), either written or oral, by the Bureau of Codes Enforcement.

§ 8-511.7 Permit requirements.

A. 
A residential rental permit shall be required for all residential rental units within the City. Within 60 days after the effective date of this chapter, the owners of all residential rental units, whether or not presently occupied, shall be required to apply for an initial residential rental permit for each residential rental unit.
B. 
Each residential rental permit shall be effective for a twelve-month period. The City of Harrisburg Department of Building and Housing Development, through its Bureau of Codes Enforcement, is hereby authorized to enforce the provisions of this chapter. Application for and renewal of residential rental permits shall be made on a form prescribed by the Codes Administrator or designee.
C. 
A residential rental permit shall not be issued or renewed unless and until:
(1) 
All overdue amounts owed to the City by the owner for real estate taxes, water, sewage and refuse collection or disposal charges have been paid in full; and
(2) 
A certificate of compliance or a certificate of occupancy is received from the City; and
(3) 
All applicable permit and/or inspection fees have been paid in full.
D. 
The following categories of residential rental properties shall not be subject to the permit requirement provisions of this chapter:
(1) 
Owner-occupied dwelling units, provided that not more than two unrelated individuals, in addition to the immediate members of the owner's family, occupy the dwelling unit at any time; and
(2) 
Hotels and motels; and
(3) 
Hospitals and nursing homes; and
(4) 
Rooming houses or boardinghouses.
E. 
The residential rental permit shall indicate thereon the maximum number of occupants permitted in each residential rental unit. The residential rental permit shall be kept on file by the owner.
F. 
Residential rental permits are nontransferable to a subsequent owner of a residential rental unit. Upon the transfer of ownership of a residential rental unit, the new owner shall apply for a new residential rental permit within 10 days of settlement.

§ 8-511.8 Inspections; issuance of permit.

A. 
The Codes Bureau, prior to the issuance of an initial residential rental permit for a newly established residential rental unit or for an existing residential rental unit, in which the owner has not received a compliance certificate within the past five years, shall inspect said newly established or existing residential rental unit, and in the event such inspection reveals that the residential rental unit is in compliance with this chapter and upon satisfactory receipt of all information required under this chapter, the Codes Administrator shall issue the residential rental permit.
B. 
The Codes Administrator shall issue an initial residential rental permit, without conducting an inspection and upon satisfactory receipt of all information required under this chapter, for an existing residential rental unit in which the owner received a compliance certificate within five years of the application date for the initial residential rental permit.
C. 
The Codes Bureau shall inspect each residential rental unit at least once on or before the fifth anniversary of the issuance of the initial residential rental permit and at least once during every five-year period thereafter. These periodic inspections shall occur notwithstanding more frequent inspections which may be required in the investigation of complaints regarding the residential rental unit.
D. 
The inspection process shall be limited to the exterior area and to the life-safety violations included on the residential rental inspection list, as promulgated and amended from time to time by the Codes Administrator or designee. Said residential rental inspection list shall be made available to the public at the Codes Bureau office.
E. 
Should the Codes Bureau receive a complaint regarding any residential rental unit, and the inspection of said residential rental unit by a codes enforcement officer reveals an exterior area or life-safety violation, the owner will be given written notice of the violation as set forth in § 8-511.8.
F. 
Nothing in this chapter shall preclude or prohibit the City codes enforcement officers from identifying any violations of the Fire Prevention, Building, Mechanical, Property Maintenance, Electrical, or Plumbing Code which exist and noting the same on any inspection report.

§ 8-511.9 Notice of violation.

If the inspection of a residential rental unit discloses exterior area or life-safety violations, the Codes Administrator or designee shall issue a notice of violation within 14 days of said inspection. It is also within the authority of the Codes Administrator or designee to placard the property unfit for human habitation if they see fit. The notice of violation shall be provided to the owner of the offending residential rental unit via first-class mail and certified mail, return receipt requested, and shall set forth the following:
A. 
The street address or appropriate description of the subject property;
B. 
The date of inspection;
C. 
The identity of the inspector;
D. 
A list of the exterior area deficiencies or the conditions which threaten the life, health or safety of the residents or neighboring property;
E. 
The number of days in which the owner is to accomplish repairs, including a provision allowing for a reasonable time extension upon the owner's showing of good faith compliance to the satisfaction of the Codes Administrator; and
F. 
Notice that, if the conditions are not repaired within the time specified, depending on the severity of the violation, the residential rental unit may be placarded as unfit for human occupancy, subject to the issuance of a nontraffic summary citation, and/or subject to any other available legal remedies.

§ 8-511.10 Reinspection.

A. 
Upon the expiration of the time specified to accomplish repairs or upon notice from the owner that the repairs have been accomplished, whichever occurs first, the subject residential rental unit shall be reinspected.
B. 
In the event that such reinspection discloses that the owner accomplished the repairs necessary to bring the residential rental unit into compliance, the Codes Administrator or designee shall issue the residential rental permit in accordance with § 8-511.6 of this chapter, or, if the initial inspection was based on an occupant complaint, the Codes Administrator or designee shall issue a letter to the owner and complaining occupant that the repairs have been accomplished and the residential rental unit is in compliance.
C. 
In the event that such reinspection discloses that the owner failed to accomplish the repairs necessary to bring the residential rental unit into compliance, the Codes Administrator or designee shall refuse to issue a residential rental permit or renewal thereof or revoke a previously issued residential rental permit for the unit, issue a nontraffic summary citation for violation of this chapter and/or placard the structure as unfit for human occupancy. If the initial inspection was based on an occupant complaint, the Codes Administrator or designee shall issue a letter informing said occupant of actions taken by the Codes Bureau in light of the complaint. Further, the owner shall pay the reinspection fee as set forth in § 8-511.10C of this chapter.

§ 8-511.11 Fees.

Upon application for a residential rental permit and prior to the issuance or renewal thereof, each applicant shall pay permit fees to the City as follows:
A. 
The annual fee for a residential rental permit shall be $30 for a single-family dwelling.
B. 
The annual fee for a residential rental permit shall be $10 per residential rental unit located within a multifamily dwelling or $30 for the entire multifamily dwelling, whichever amount is greater.
C. 
Subsequent inspections for a residential rental unit which are necessary because the unit was found to be in violation of City codes either from a Codes-Bureau-initiated periodic inspection or from a verified occupant complaint shall be $40 per residential rental unit contained within a multifamily dwelling or per single-family dwelling when it is determined by the codes enforcement officer that the violation has not been abated. There shall be no charge for subsequent inspections where the codes enforcement officer finds that the violation has been successfully abated.
D. 
If a subsequent inspection is necessary for a residential rental unit because the codes enforcement officer was not able to enter the unit at the time scheduled with the owner for the inspection, a fee of $175 shall apply, in addition to any and all other applicable fees.
E. 
The fee to reinstate a revoked residential rental permit shall be $100 per residential rental unit.
F. 
If, based on the provisions of this chapter, the application for an initial residential rental permit or for a renewal of a residential rental permit is submitted late, a fee of $25 shall be assessed, in addition to any and all other applicable fees.
G. 
All fees related to the issuance of an initial residential rental permit shall be waived where the owner has paid the fee under the previously existing ordinance and received a certificate of compliance or a certificate of occupancy within 12 months prior to the beginning of the first issuance cycle following passage of this chapter. Nothing in this subsection shall be interpreted to provide any residential rental unit with an exemption for subsequent residential rental permit fees.
(1) 
Issuance cycle. Said cycle occurs between October 31 and December 31 of each year.

§ 8-511.12 Disruptive conduct.

[Added 11-13-2012 by Ord. No. 11-2012]
A. 
Upon the occurrence of a reported incident of unlawful conduct, including violations of City ordinances, on the premises of a residential rental unit that results in the call-out of any law enforcement officer, including codes enforcement officers, the law enforcement officer investigating the incident shall make a determination of whether the incident constitutes disruptive conduct as defined by this chapter. If the law enforcement officer determines that the incident constitutes disruptive conduct, he/she shall complete a disruptive conduct report. The information filed in said report shall include the exact address at which the incident occurred, the identity of the perpetrator(s) of the disruptive conduct and a factual description of the disruptive conduct.
B. 
The law enforcement officer who completes the disruptive conduct report shall provide a copy of such disruptive conduct report to the Codes Administrator or designee, who shall maintain records of such reports. Upon receipt thereof, the Codes Administrator or designee shall mail a copy of the disruptive conduct report to the owner and the responsible agent designated under § 8-511.4, if different than the owner, of all residential rental units involved in the disruptive conduct, as well as all occupants of the involved residential rental units.
C. 
In the event that the occupant(s) or guest(s) of a residential rental unit is involved in two disruptive conduct incidents, as documented by disruptive conduct reports, within any twelve-month period during which a residential rental permit was required, the Codes Administrator or designee shall immediately revoke the residential rental permit for that residential rental unit and issue a certificate of noncompliance to the occupant(s) of the residential rental unit and a notice of revocation to the owner and the responsible agent designated under § 8-511.4, if different than owner, informing the owner in writing that the owner must begin eviction proceedings against the occupant(s) of the residential rental unit. Should the owner fail to begin eviction proceedings against the occupant(s) of the residential rental unit with 15 days, the Codes Administrator shall placard the residential rental unit as unfit for human occupancy. The occupant(s) of the residential rental unit shall have 30 days after the date that the unit is placarded to vacate the residential rental unit, unless other health or safety violations exist on the property which require vacation of the premises in advance of 30 days. Any occupancy of the residential rental unit after the expiration of the thirty-day period will constitute a violation of this chapter by both the occupant and the owner. Each twenty-four-hour period of occupancy following the expiration of the thirty-day period shall constitute a separate violation. The residential rental unit involved shall be eligible to have its residential rental permit reinstated immediately upon eviction or vacation of the occupants thereof and a satisfactory inspection by a codes enforcement officer in accordance with this chapter.
D. 
This section shall not limit in any manner the ability of a codes enforcement officer to order the immediate vacation of the premises upon any property in which it is determined by the codes enforcement officer that continued occupation is a danger to the health or safety of the residents or the public in accordance with the City's Property Maintenance Code.[1]
[1]
Editor's Note: See Ch. 8-107.
E. 
This section shall not limit or inhibit in any manner the owner's ability to evict, in accordance with state law, a problematic occupant prior to receipt of the second disruptive conduct report and notice from the City's Codes Administrator to commence eviction proceedings or for any reason other than for violations of this chapter.

§ 8-511.13 Revocation of residential rental permit.

[Amended 11-13-2012 by Ord. No. 11-2012]
A. 
Except for revocations of a residential rental permit under § 8-511.12, addressing disruptive conduct, in which case the procedures set forth in § 8-511.12 shall be followed, if a residential rental unit is revoked by the Codes Administrator or designee, the residential rental unit shall be placarded as unfit for human occupancy and a notice of revocation shall be issued within seven days of said revocation. The notice of revocation shall be provided to the owner of the residential rental unit(s) for which the residential rental permit was revoked via first-class mail and certified mail, return receipt requested. The notice of revocation shall include the following:
(1) 
The date of revocation;
(2) 
The address of the residential rental unit(s) for which the residential rental permit was revoked;
(3) 
The basis for revocation of the residential rental permit;
(4) 
The applicable time period to appeal the notice of revocation;
(5) 
Measures the owner must take to have the residential rental permit reinstated; and
(6) 
Any applicable time limits and/or fees to apply for reinstatement of the residential rental permit.
B. 
Whenever a residential rental permit is revoked for reasons other than the disruptive conduct of the occupant(s) in accordance with § 8-511.12, the Codes Administrator shall send a copy of the notice of revocation to the occupant(s) of the residential rental unit along with a notice that the owner is in breach of the rental agreement and that the residential rental unit must be vacated within 30 days unless the residential rental permit is reinstated. The notice must state further that continued occupancy of the residential rental unit after 30 days from the date of the notice of revocation will result in fines against the owner for each day beyond 30 days that the occupant(s) is occupying the premises.

§ 8-511.14 Appeals.

Any person, firm, corporation, association or other entity who is aggrieved by the ruling, decision or action of any department, bureau or division of the City in regard to the administration or enforcement of any of the provisions of this chapter may appeal such ruling, decision or action in writing to the Building and Housing Code Board of Appeals in the manner and in accordance with the procedures set forth in Chapter 8-501 of these Codified Ordinances.

§ 8-511.99 Enforcement; penalty.

A. 
A residential rental permit may be revoked if the owner of a residential rental unit:
[Amended 11-13-2012 by Ord. No. 11-2012]
(1) 
Fails to provide or properly update the name of a responsible agent.
(2) 
Fails to correct violations of City codes found during an inspection within the time frame provided by the codes enforcement officer.
(3) 
Fails to pay the annual permit or inspection fees.
(4) 
Is not current on the water, sewer or refuse fees for the residential rental unit.
(5) 
Changes the use of the property so as to no longer be in compliance with the City's Zoning Code.[1]
[1]
Editor's Note: See Ch. 7-301 et seq.
(6) 
Fails to schedule an inspection, or reinspection once the time to complete corrections has passed.
(7) 
Fails to permit access by a codes enforcement officer to conduct any inspection required by the provisions of this chapter or for disruptive conduct according to the provision of § 8-511.12.
B. 
For the purpose of enforcing this chapter, the Codes Administrator or designee may seek to obtain a search warrant issued by a competent authority for the purpose of compelling an inspection of a residential rental unit.
C. 
Any person, whether individually or as a member or employee of a partnership, or any officer, agent or employee of a corporation who directs or knowingly permits any violation of any of the provisions of this chapter, or who aids or assists therein, either on his/her own behalf or in the interests of his/her employer or principal, or who fails to comply with any order made hereunder from which no appeal has been taken, or who fails to comply with such order as affirmed or modified by the City shall, upon conviction thereof, severally and for each violation and noncompliance, respectively, be fined not less than $50 nor more than $1,000, plus costs, or shall be imprisoned in the Dauphin County Prison for not more than 90 days, or both, for each separate violation. The imposition of one penalty for any violation shall not excuse the violation or permit it to continue, and all persons required to do so shall correct and remedy violations or defects within a reasonable time, and, when not otherwise specified, each twenty-four-hour period that the prohibited conditions are not corrected shall constitute a separate offense.
D. 
Upon conviction for a violation of any provision of this chapter, in addition to any fines, fees or penalties levied in accordance with Subsection C of this section, an additional neighborhood mitigation penalty shall be levied in the amount of $25 for each violation. All such penalties levied and collected by any division of the Unified Judicial System existing under Section 1 of Article V of the Constitution of Pennsylvania and 42 Pa.C.S.A. § 301 shall be remitted to the City for deposit into the Neighborhood Mitigation Fund for the purpose of funding mitigation exercises performed by the City on private properties, including but not limited to demolitions, cleanups, clean and seals and light repairs. If the fine is paid on installments, the proportionate amount of the neighborhood mitigation penalty shall be remitted on each installment.
E. 
If the owner of a residential rental unit shall neglect, fail or refuse to comply with any notice from the City to correct a violation of City codes within the time stated in such notice, the City may, at its discretion, cause the violation to be corrected, in which case there shall be imposed upon the owner of such residential rental unit a charge of the actual costs involved plus 10% of said costs for each time the City shall cause a violation to be corrected, and the owner of the residential rental unit shall be billed after the same has been completed. If such bill remains unpaid and outstanding after the time specified for payment, such nonpayment shall be grounds for the imposition of a municipal lien upon the property as provided by law. The lien may be reduced to judgment and enforced and collected as provided by law, together with interest at the legal rate and court costs. The remedies provided by this subsection are nonexclusive and may be exercised at the City's discretion in addition to other remedies available to the City under this chapter or other applicable City codes or statute, including, where appropriate, condemnation proceedings or placarding the property as unfit for human habitation or revocation or nonrenewal of the residential rental permit issued hereunder.
[Amended 11-13-2012 by Ord. No. 11-2012]
F. 
The application of any of the above penalties shall not prevent the City from pursuing any other remedy at law or in equity available to it for enforcement of this chapter, to include placarding the premises, withholding rent or seeking the enforcement of any order for corrections from the Magisterial District Courts or the Court of Common Pleas of Dauphin County.
[Added 11-13-2012 by Ord. No. 11-2012]