[HISTORY: Adopted by the Borough Council of the Borough of
Old Forge 9-26-2011 by Ord. No. 2011-4. Amendments noted where applicable.]
GENERAL REFERENCES
Dangerous buildings — See Ch. 112.
Uniform construction codes — See Ch. 130.
Health and sanitation — See Ch. 189.
Housing — See Ch. 194.
Littering — See Ch. 213.
Noise — See Ch. 226.
Property maintenance — See Ch. 247.
Rodent control — See Ch. 262.
Solid waste — See Ch. 290.
Streets and sidewalks — See Ch. 299.
This chapter shall be known and may be cited as the "Borough
of Old Forge Neighborhood Preservation and Nuisance Abatement Ordinance."
Old Forge Borough Council and the Administration find that public
nuisances exist in the Borough of Old Forge in the operation of certain
buildings, structures and dwellings and in the use and occupation
of certain property in flagrant and persistent violation of state
and local laws or ordinances. Such nuisances substantially and seriously
interfere with the interest of the public for enhancing the quality
of life in the Borough and in fostering and facilitating commerce,
maintaining and improving property values, and preserving and protecting
the public health, safety, and welfare. Old Forge Borough Council
and the Administration further find that the persistence of such activities
and violations is detrimental to the health, safety, and welfare of
the people of the Borough of Old Forge and of the dwellings and businesses
thereof and the visitors thereto.
It is the intent of the Borough of Old Forge to promote the
health, safety and welfare of the citizens of Old Forge, Pennsylvania.
Part of this responsibility includes protecting neighborhoods from
blighting and deteriorating conditions that have a negative impact
on property values and encourage social disorder and crime. This is
achieved through ordinances and by establishing a policy to guide
enforcement of the ordinances contained in the Old Forge Borough Code.
A.
As used in this chapter, the term "nuisance" shall mean any use of
property within the Borough of Old Forge, or any condition upon property
within the Borough of Old Forge, which causes or results in:
B.
Maintaining or permitting the maintenance of any of the following
dangerous conditions, structures or premises shall also constitute
a nuisance:
C.
Creating or maintaining attractive nuisances, which is the leaving
of a dangerous instrumentality which, by its character, is dangerous
and attractive to children at such places frequented by children,
is considered to be a nuisance.
For the purposes of this section, a public nuisance shall be
deemed to exist whenever, through violations of any of the following
provisions from separate incidents at a building, structure, dwelling
or place. For the purpose of this chapter, an "incident" will be defined
as the execution of an enforcement action by any Borough department
in response to a reported violation of the law. In addition, any property
that is determined to be blighted, as defined in the Pennsylvania
Urban Redevelopment Law, 35 P.S. § 1712.1(c), is hereby
declared to be a nuisance.
A.
The following violations shall be deemed a nuisance immediately and
after only one incident:
(1)
A violation of Title 18 of the Pennsylvania Crimes Code, Firearms
and Other Dangerous Articles, 18 Pa.C.S.A. § 6101 et seq.
(2)
A riot, as defined by Title 18 of the Pennsylvania Crimes Code, occurring
on the premises.
(3)
A violation of the Controlled Substance, Drug, Device and Cosmetic
Act, 35 P.S. § 780-101 et seq.
(4)
Gambling offenses (Title 18 of the Pennsylvania Crimes Code).
(5)
Prostitution offenses (Title 18 of the Pennsylvania Crimes Code).
(6)
Criminal possession of stolen property (Title 18 of the Pennsylvania
Crimes Code).
(7)
Unlawfully dealing with a child (Title 18 of the Pennsylvania Crimes
Code).
(8)
Sexual performance by a child (Title 18 of the Pennsylvania Crimes
Code).
(9)
Motor vehicle chop shop and illegally obtained and altered property
act (Title 18 of the Pennsylvania Crimes Code).
(10)
Possession, use, sale or offer for sale of any alcoholic beverage
or any cigarette or tobacco products (Title 18 of the Pennsylvania
Crimes Code).
(11)
Criminal diversion of prescription medications and prescriptions
(Title 18 of the Pennsylvania Crimes Code).
(12)
Welfare fraud (Title 62, Poor Persons and Public Welfare, of
the Pennsylvania Consolidated Statutes).
(13)
Noise (Title 18 of the Pennsylvania Crimes Code).
(a)
Suffering or permitting the premises to become disorderly, including
suffering or permitting fighting and lewdness.
(14)
Falsifying business records (Title 18 of the Pennsylvania Crimes
Code).
(15)
Frauds/forgery and food stamp program fraud (Title 18 of the
Pennsylvania Crimes Code).
(16)
Cruelty to animals (Title 18 of the Pennsylvania Crimes Code).
B.
The following violations shall be deemed a nuisance after two or
more incidents:
(1)
Violations of the Old Forge Borough Code, contained in the following
chapters:
C.
Three or more incidents requiring a response of the Old Forge Borough
Police Department or Code Enforcement Division shall be deemed a nuisance.
For the purposes of this section, a conviction for any of the
previously listed offenses in a court of competent jurisdiction shall
not be required to establish that a specified violation of this chapter
has occurred at a building, structure, dwelling or place. Instead,
the Borough of Old Forge shall be required to prove a specified violation
by a preponderance of evidence. However, a conviction in any court
of competent jurisdiction shall constitute conclusive proof of such
violation of law. Conviction of an attempt to commit a violation of
any of the specified provisions shall be equivalent to a conviction
for the violation of the specified provision.
A.
DWELLING UNIT
RENTAL UNIT
Definitions. For the purposes of this section, the following terms
shall have the meanings indicated:
A single, habitable living unit having its own toilet, bath
or shower, sink, sleeping and cooking facilities and separate access
to the outside at ground level. There may be more than one dwelling
unit on a premises.
A dwelling unit occupied by one or more tenants.
B.
License required. No person shall rent, lease, offer for rent or
lease, or allow the occupancy of any rental unit, whether for compensation
or not, without a landlord license from the Borough of Old Forge.
Landlord licenses are not transferable between landlords or rental
units. A separate license is required for each dwelling unit in a
rental property. A landlord shall be licensed with the Borough to
be entitled to collect rent or to evict tenants and occupants residing
or located on the premises. Sale of the subject property results in
immediate termination of any license.
C.
The Borough of Old Forge Code Enforcement Division shall have the
responsibility for administering the licensing of all rental units
within the Borough as follows:
(1)
Any person who owns one or more rental units in the Borough shall
be required to obtain a landlord license for the rental units with
the Code Enforcement Division. Exemption: Any property owners living
in half of a double (other side rented) shall qualify for an exemption.
(2)
The license application form shall include, but not be limited to, the name, address, telephone number, date of birth and driver's license number or state-issued ID card number of the property owner, the number of rental units, the number of occupants per unit, and the name, telephone number, date of birth, driver's license number or state-issued ID card number of any/all tenants at that particular location. The property owner shall also provide the Code Enforcement Division with the insurance information required in § 229-9 of this chapter.
(3)
The Code Enforcement Division shall issue a landlord license to any person who is required to register their rental units after complying with all registration procedures and provisions as provided in § 229-9.
(4)
Landlord licenses must be displayed inside the rental property, within
three feet of the principal means of ingress and egress to the property.
The failure to affix the license as required by this chapter shall
constitute a violation hereof.
(5)
The maximum number of occupants shall be posted in each dwelling
unit. It shall be unlawful for any person, including the tenant, to
allow a greater number of persons than the posted maximum number of
occupants to sleep in or occupy overnight the dwelling unit. Any person
violating this provision shall be subject to the penalty provisions
provided herein.
(6)
Any property owner of one or more rental units in the Borough shall
notify the Code Enforcement Division within 30 days of any change
in ownership of the property.
(7)
Failure to register rental units within 90 days from the date of
the passage of this chapter or within 30 days following the purchase
or legal conversion of a structure to a rental property shall constitute
a violation of this chapter.
(8)
No landlord license shall be issued to a property owner whose property
tax, garbage or sewer fee is delinquent as defined by each agency.
(Receipts may be required at time of registration.)
(9)
By filing a landlord license application, all property owners of
one or more rental units in the Borough shall agree with the terms
of this chapter and agree with the mandate of an automatic eviction
of any tenant convicted of a drug-related offense, regardless of where
the offense occurred.
Upon final passage of this chapter, all owners or operators of rental units who shall apply for a license with the Borough of Old Forge Code Enforcement Division in accordance with § 229-8 of this chapter shall be subject to a check and verification of the property and/or owner to assess whether or not either have any outstanding warnings, violations, citations or reported police incidents, as documented by the Borough of Old Forge crime analyst software program, against them. If, at the conclusion of the verification process, no outstanding records are found, the license application will be accepted with proof of property liability insurance; no fee will be assessed, no inspection shall be required, and the landlord license will be granted. If, however, the property and/or owner does in fact have a pending warning, violation, citation, or documented police incident(s), a landlord license will not be granted until an inspection of the property is completed and compliance is achieved, as certified by the Code Enforcement Officer, and a fee as set from time to time by resolution of the Borough Council is paid to the Borough of Old Forge for each unit to be inspected and licensed.
A.
The Code Enforcement Officer is hereby empowered to revoke or suspend
a license issued under this chapter if it is discovered that the applicant:
A.
The Code Enforcement Officer, or his/her designee, shall determine
the number and type of inspections required to obtain a license and
is hereby authorized to make inspections of premises licensed under
this chapter:
B.
An applicant for the license under this chapter shall consent to
such inspections to determine the condition of the building and dwelling
units. For the purpose of making such inspections, the Code Enforcement
Officer or his/her authorized representative is hereby authorized,
upon seven days' notice, to enter and inspect at all reasonable
times all dwelling units. The landlord, tenant, or responsible agent
for the dwelling units shall give the Code Enforcement Officer or
his/her designee free access to the premises.
C.
Exemption. Any property and/or owner who does not have a pending
warning, violation, citation, or documented police incident(s) shall
be exempt from inspections as authorized in this section.
It shall be unlawful for any residential property, including all rental properties, to be owned or operated by any person residing outside the Borough of Old Forge, Pennsylvania, unless such owner or operator provides to the Code Enforcement Officer the name, address and twenty-four-hour telephone number of a designated responsible agent. This agent shall be an individual who shall reside or maintain a place of business within the Borough. Designation of a responsible agent shall authorize the agent to receive and accept notices and communications necessary or deemed appropriate by the Code Enforcement Officer under the terms of all laws of the Borough of Old Forge, including but not limited to each chapter of the Borough Code, Chapter 350, Zoning, Chapter 247, Property Maintenance, and this chapter, relative to the property in which said agent is designated. Nothing contained herein shall affect the right of the Code Enforcement Officer to submit notices and communications directly to the owner, rather than the responsible agent, or to serve process or initial and subsequent pleadings in any manner permitted by law. Such authorization and designation must be signed by the owner or operator and the designated responsible agent.
Any owner or operator who subsequently changes his or her place
of residence and resides outside the Borough of Old Forge or changes
the designation of a responsible agent shall notify the Code Enforcement
Officer within 30 days after such change.
A.
Purpose. The repeat offender component of this chapter is designed
to provide relief, via an expedited enforcement process, for neighborhoods
experiencing problems with residents or property owners who repeatedly
violate Borough ordinances and who have demonstrated an inability
or unwillingness to remain a good neighbor by maintaining their respective
property.
B.
Definition.
(1)
A "repeat offender case" is a newly opened case where there is a
past history of violations involving the same owner/responsible agent.
A repeat offender is any person whom or property which, within the
last 24 months:
(2)
The twenty-four-month period will commence on the latest date that
any warning or violation has expired or a civil action or criminal
action has concluded.
(3)
If unusual or mitigating circumstances warrant, the Borough Council
or its designee may exempt a responsible party from the repeat offender
designation. In such cases, Borough Council or its designee may, at
its discretion, seek input from the complainant, neighborhood crime
watch associations, area residents, or other staff, as appropriate,
to assist in making a determination.
C.
Notification. Persons who have been designated or identified as repeat
offenders will proceed through a legal fast track. The discovery of
a repeat offense will be cause to:
When the Borough of Old Forge receives a complaint, either verbal
or written, from a person, the Code Enforcement Officer will process
the complaint in the following manner:
A.
Inspection/initial warning.
(1)
If the alleged violation concerns a potential hazard which is deemed
by the Code Enforcement Officer to be an imminent threat to the health,
welfare or safety of the neighborhood or immediate neighbors, inclusive
of open/vacant buildings, fire and/or health hazards, unsecured pools
or other health and safety hazards, the Borough will respond with
an immediate inspection.
(2)
The Borough of Old Forge will respond to all other complaints in
order of receipt.
(3)
Following the initial inspection, the Borough will issue a letter
and initial warning to the respective owner/responsible agent notifying
them that specific complaints have been received and an initial inspection
has been conducted at their property. Included with the initial warning
will be an explanation of the inspection findings and specific corrective
actions required within 10 days. They will also be advised of what
further action will be taken by the Borough if they do not comply.
Finally, the owner/agent will be put on notice of the Borough's
repeat offender policy, whereby repeat offenders will receive only
one official notice of ordinance violation. Repeat offenses of Borough
ordinances may result in legal action without issuance of further
notices of ordinance violation.
B.
Reinspection/certified warning.
(1)
After the ten-day period allotted for corrective actions has lapsed,
the Code Enforcement Officer shall reinspect the subject property.
If all violations are not corrected, the Code Enforcement Officer
shall issue a certified warning (via certified mail). The owner/agent
will once again be advised of specific corrective action required
within 10 days and the process of what further action will be taken
if they do not comply.
C.
Reinspection/criminal citation.
(1)
After the second ten-day period has lapsed, the Code Enforcement
Officer shall reinspect the subject property. Owners/responsible parties
who fail to correct all violations will be subject to the issuance
of a criminal citation by the Borough Police Department, to be adjudicated
by a Magisterial District Judge.
(5)
Any further civil and/or criminal proceedings requiring the services
of the Borough Solicitor that may develop as a result of a criminal
citation, including, but not limited to, a summary appeal or the filing
of a contempt petition, shall be subject to an administrative fee
as set from time to time by resolution of the Borough Council.[8]
D.
In the case of rental properties, the following general guidelines
will apply:
(1)
Tenants/occupants will be held responsible for items concerning routine
maintenance and for personal property items.
(2)
In situations where tenants/occupants have failed to fulfill their
responsibility for compliance with Borough ordinances, owners/responsible
parties may also be held accountable.
(3)
In cases involving unoccupied properties, owners/responsible parties
will be held accountable for all property conditions.
Upon determination that a public nuisance, as defined herein, does exist at a property, the owner of said property will receive written notification from the Code Enforcement Division. This notification is intended to advise the owner of the situation(s) present at their property and serve as a final warning that the Borough is lawfully positioned to take action in order to remedy the situation(s). This warning shall not be required for any violation as described within § 229-6A.
A.
The Code Enforcement Officer or his/her designee, including authorized
representatives of the Borough of Old Forge, with respect to rental
unit licenses issued pursuant to this chapter, upon a determination
that a public nuisance, as defined herein, does exist at a property,
shall be authorized:
(1)
To order the securing of a building, structure, dwelling erection,
or place in order to abate the nuisance. The Code Official shall cause
the premises to be secured by any available public agency or by contract
or arrangement by private persons, and the costs thereof shall be
charged against the real estate upon which the structure is located
and shall be liened upon such real estate;
(2)
To suspend for a period not to exceed six months or revoke for a
period of one year any rental unit license issued by the Borough related
to the property; or
(3)
Any combination of the above.
B.
In addition, the Code Enforcement Officer may close and secure a
rental unit if:
(1)
An occupant of a rental unit who has implied or actual knowledge
of drug activity or is convicted in a court of competent jurisdiction
of selling or distributing narcotics or other controlled substances,
as these terms are defined in Pennsylvania statutes, in the rental
unit, common areas, on the premises, or within the corporate limits
of the Borough of Old Forge.
(2)
The rental unit, common area, or the premises is condemned by the
Code Enforcement Division, Fire Department, or Borough Engineer as
structurally unsafe or unfit for human habitation.
(3)
The owner has failed to designate a responsible agent or respond
to warnings from the Borough of Old Forge Code Enforcement Division.
(4)
The owner has failed to comply with all laws and ordinances of the Borough, including Chapter 247, Property Maintenance, Chapter 350, Zoning, and Chapter 130, Construction Codes, Uniform, if violations thereof are found upon inspection when an owner, after written notice of such violations, has failed to come into compliance with them in such time as prescribed by the Code Enforcement Division. Any person aggrieved by an order from the Borough for closure of a rental unit issued under this chapter relating to housing, building, health or disruptive conduct may appeal such order within 10 days from the date thereof to the Borough Council by filing an appeal and paying an appeal fee as set from time to time by resolution of the Borough Council.[1]
A.
Upon closure of a rental unit or units, the owner of said property
will be required to submit to a complete inspection of the affected
unit or units, to be conducted within 14 days of closure. This inspection,
to be completed at the owner's expense, will be performed by
the Borough and/or its designee.
B.
Results of the inspection, particularly any and all property maintenance
and building code violations, will be documented by the Borough of
Old Forge and/or its designee. A copy of this record will be furnished
to the property owner within 14 days of inspection.
C.
An administrative fee in an amount as set from time to time by resolution
of the Borough Council shall be assessed to the owner of each property
requiring a complete inspection by the Borough of Old Forge and/or
its designee.[1]
D.
A minimum resource replenishment fee in an amount as set from time
to time by resolution of the Borough Council shall also be assessed
to the owner of each property requiring a complete inspection by the
Borough of Old Forge and/or its designee to cover hard costs related
to the closure of the rental unit in question. (Any/all costs beyond
the amount as set from time to time by resolution of the Borough Council
shall be payable by the property owner.)[2]
E.
If the property owner is a repeat offender, as described herein,
the above-referenced administrative fee and resource replenishment
fees shall be as set from time to time by resolution of the Borough
Council.[3]
F.
Upon receiving a detailed listing of all violations present in the
affected unit or units, it will be the responsibility of the property
owner to achieve full compliance. Costs incurred to legally reach
compliance, such as permits, will also be the sole responsibility
of the property owner.
G.
Eligibility for reoccupancy of units deemed a public nuisance shall
be determined based on follow-up inspections by the Borough of Old
Forge and/or its designee. Failure to adhere to recommendations found
within the initial inspection report shall result in the extended
closure of the unit or units in question.
H.
Additional violations that occur on/in any closed property, discovered
after the initial closure of said property, shall be addressed on
an individual basis.
The owner of the property affected by the orders hereunder shall
be presumed to be the person in whose name the real estate is recorded
in the office of the Recorder of Deeds in and for Lackawanna County,
Pennsylvania.
The lack of knowledge of participation in or responsibility
for a public nuisance on the part of the owners, lessors, lessees,
mortgagees and all those persons in possession or having charge of
the property as agent or otherwise or having any interest in the property,
real or personal, used in conducting or maintaining the public nuisance
shall not be a defense by such owners, lessors and lessees, mortgagees,
and such other persons.
A.
In addition to any other remedy provided by state, federal or local
law, it shall be a violation of this chapter for any person to use
or occupy any building, structure, dwelling or place, or portion thereof,
for which the rental unit license has been suspended or revoked hereunder.
B.
It shall be a violation of this chapter for any person to mutilate
or remove a posted order provided hereunder.
D.
Any person who violates any other provision of this chapter shall be guilty of a summary offense and, for every such offense, shall, upon conviction, be sentenced to pay a minimum fine of $300 and a maximum fine as allowed by law, along with all costs of prosecution, and, in default of payment of fine and costs, imprisonment for not more than 30 days, provided each day on which a violation shall exist or continue to exist, after the certified warning was issued by the Code Enforcement Officer as provided in § 229-16 of this chapter, shall constitute a separate offense.
A.
The Borough of Old Forge will cooperate with other departments/agencies
when appropriate to further the mutual goals of nuisance abatement
and public safety for the benefit of the entire community. Upon request
of the Code Enforcement Officer, the Police Department and any other
department in the Borough will assist and cooperate with him/her in
the performance of duties related to the enforcement of ordinances.
B.
Hazardous conditions. The Mayor or Borough Administrator may order
immediate abatement of a hazard without notice. If he/she determines
the hazard to be an imminent threat to the health, welfare, and/or
safety of the occupants and/or neighborhood, the Code Enforcement
Officer may also request cooperation from other departments. These
departments or agencies include but are not limited to Police, Fire,
Public Works, etc.
A.
Complainant.
At the time a complaint is made, if the complainant discloses his/her
name, address and phone number, said complainant will be entitled
to the following information:
B.
Council.
Each month the Code Enforcement Officer shall include in his/her monthly
report (which shall be marked "confidential") to Council a listing
of all complaints received through his/her office. The report will
include the following information:
