[HISTORY: Adopted by the Council of the Borough of Darby 10-2-1961 by Ord. No. 433, approved 10-2-1961. Amendments
noted where applicable.]
[Amended 3-5-1975 by Ord.
No. 557, approved 3-5-1975; 1-6-1999 by Ord. No.
693, approved 1-6-1999]
No person, firm or corporation shall manage, conduct or operate
the business of keeping an apartment house, hotel, apartment hotel,
boardinghouse, lodging house, single-family rental unit or two-family
dwelling rental unit as defined in this chapter without first obtaining
a license therefor as herein provided.
As used in this chapter, the following terms shall have the
meanings indicated:
Any house or building or portion thereof which is either
rented, leased, let out to be occupied or is occupied and is arranged
to be occupied in apartments, rooms, suites or groups in whole or
in part as the residence or dwelling of more than two families living
independently of each other, and includes apartment houses, hotels,
flat houses, apartment hotels, tenement houses, bachelor apartments,
studio apartments, kitchenette apartments and other houses or buildings
so occupied.
Any building or lodging house in which meals are prepared
and served to lodgers or roomers or others not in the family of the
owner or lessee of such building.
Any building where furnished or unfurnished rooms are rented
for a consideration or occupied by more than four roomers and where
the owner or lessee resides in the same house.
A single unit providing complete and independent living facilities
for one or more person, including permanent provisions for living,
sleeping, eating, cooking and sanitation.
[Added 1-6-1999 by Ord.
No. 693, approved 1-6-1999]
[Amended 3-5-1975 by Ord.
No. 557, approved 3-5-1975]
A.
It shall be the duty of each and every owner, proprietor or operator
of any apartment house, hotel, apartment hotel, boardinghouse, or
lodging house or two-family dwelling who has been operating as such
during the year 1961 to apply in writing to the Darby Borough Code
Enforcement Department for inspection and subsequent licensing within
30 days after the passage of this chapter.
B.
It shall be the duty of each and every owner, proprietor or operator
of any apartment house, hotel, apartment hotel, boardinghouse, lodging
house or two-family dwelling who shall intend to commence such business
subsequent to the passage of this chapter to apply to the said Darby
Borough Code Enforcement Department in writing for inspection and
licensing prior to the beginning of such business.
[Amended 10-18-2006 by Ord. No. 730, approved 10-18-2006]
A.
The owner of a premises required to be licensed pursuant to this
chapter shall renew such license annually.
B.
Each licensee hereunder shall submit an application for renewal by
January 15 of each year, commencing January 15, 2007. The application
for renewal shall be on a form prescribed by the Code Enforcement
Department and consistent with the requirements of this chapter.
C.
At the time of submitting the application for renewal required hereunder,
the owner shall pay the appropriate annual licensing fee and schedule
the inspection of the property.
D.
All annual inspections shall be completed by March 1. Authorized
officers of the Borough of Darby shall conduct all inspections.
E.
The owner or the owner's authorized representative shall be present
at the annual inspection. If the owner chooses to send an authorized
representative to the inspection, the owner must complete an authorization
form, which shall be in the form prescribed by the Darby Borough Code
Enforcement Department. A tenant is not an acceptable authorized representative.
F.
If there are no violations of the law and/or ordinances, the inspecting
officer shall certify the eligibility of the particular premises as
eligible to receive a license. If any violations of the law and/or
ordinances are found, the inspecting officer shall specify said violations
and provide written notice thereof to the owner or the owner's authorized
representative to correct the violating condition within such time
as the inspecting officer may direct. Such time limits may be extended
only with the written endorsement of the inspecting officer.
In order to be eligible for a license, the owner, proprietor
or operator must:
A.
Comply with all ordinances of the Borough of Darby now in existence
or hereafter passed dealing with building, plumbing, zoning, health
and safety, fire or fire prevention, minimum housing standards[1] and all departmental regulations established pursuant
to said ordinances.
B.
Comply with all laws of the Commonwealth of Pennsylvania now in existence
or hereafter passed dealing with building, plumbing, zoning, health
and safety, fire or fire prevention, minimum housing standards and
all departmental regulations established pursuant to said laws.
D.
No license under this chapter shall issue to any person, firm, or
corporation to operate the business of keeping an apartment house,
hotel, apartment hotel, boardinghouse, lodging house, single-family
rental unit or two-family rental units unless and until all municipal
property taxes, water, sewer and trash charges, and any other municipal
assessments, are paid on a current basis. Any person seeking a license
under this subsection shall, at the time of application or renewal
thereof, provide proof of current payment on all such taxes, charges,
and assessments.
[Added 5-17-2006 by Ord.
No. 726, approved 5-17-2006]
[Amended 3-5-1975 by Ord.
No. 557, approved 3-5-1975]
In addition to any inspection heretofore provided for, every building licensed as an apartment house, hotel, apartment hotel, boardinghouse, lodging house or two-family dwelling may be inspected at any time by the duly authorized officer of the said Board of Health, and if his inspection reveals any violation of the provisions of § 84-5 of this chapter, the said officer shall notify the operator to correct the violation within such time as he may direct. Failure to comply with the order of the said officer shall be grounds for the revocation of the license.
Each and every license referred to herein shall be for the current
calendar year, and said license shall be displayed in a prominent
place in the building licensed.
[Amended 3-6-1972 by Ord.
No. 520, approved 3-6-1972; 12-17-1980 by Ord.
No. 600, approved 12-17-1980; 1-6-1999 by Ord. No.
693, approved 1-6-1999; 12-29-2004 by Ord.
No. 716, approved 12-29-2004]10-18-2006 by Ord. No.
730, approved 10-18-2006]
A.
The annual license fee for each apartment unit shall be $50 for each
unit. An apartment unit, for purposes of this chapter, shall be the
space occupied by one family.
B.
The annual license fee for a single-family home shall be $100.
C.
The annual license fee for rooming, lodging, or boardinghouses shall
be $15 per room.
D.
The annual license fees shall be paid to the Borough of Darby on
or before January 15 of each year, and said fees shall be submitted
with the application required under this chapter.
E.
The fees hereunder may be modified by duly enacted resolution of
the Borough Council.
[Amended 3-6-1972 by Ord.
No. 520, approved 3-6-1972; 3-5-1975 by Ord. No.
557, approved 3-5-1975]
Any person who shall violate any provisions of this chapter
shall, upon conviction thereof, be punishable by a fine of not more
than $300 and costs of such proceedings or, upon default of payment
of such fines and costs, by imprisonment in the county jail for a
term of not more than 30 days. The continuation of such violation
for each successive day shall constitute a separate offense, and the
person or persons allowing or permitting the continuation of the violation
may be punished as provided above for each separate offense.
