[Adopted 6-25-2013 by Ord. No. C-523, approved 6-25-2013]
The purpose of this article and the policy of the Borough of
Lititz shall be to protect and promote the public health, safety and
welfare of its citizens, to establish rights and obligations of owners
and occupants relating to residential rental units in the Borough
and to encourage owners and occupants to maintain and improve the
quality of rental housing within the Borough. As a means to these
ends, this article provides for a systematic inspection program, registration
and licensing of residential rental units, and penalties. In considering
the adoption of this article, the Borough makes the following findings:
A. There is a greater incidence of problems with the maintenance and
upkeep of residential properties which are not owner-occupied as compared
to those that are owner-occupied.
B. The Borough is concerned with the condition of a property when EMS
responds and for the safety of the EMS responders and general safety
of the occupants.
C. The Borough is unaware of the exact number of tenant-occupied residences,
with knowledge of such used for the accountability and safety of the
occupants and owner/manager.
D. Borough records indicate there are a greater number of disturbances
at residential rental units than at owner-occupied units.
Unless otherwise expressly stated, the following terms shall,
for the purpose of this article, have meanings indicated as follows:
BOROUGH
The Borough of Lititz, Lancaster County, Pennsylvania.
CODE ENFORCEMENT OFFICER
A person designated by Borough Council to enforce this article,
including performance of inspections, issuance of residential rental
licenses and issuance of citations.
CODES
Any state or local code or ordinance adopted, enacted or
in effect in and for the Borough, including, but not limited to, the
Building Code, the Property Maintenance Code, the Zoning Ordinance,
trash collection, and general nuisance ordinances.
COUNTY
The County of Lancaster.
DISRUPTIVE CONDUCT
Any act by an occupant of a residential rental unit or by
a person present at a residential rental unit involving public drunkenness,
consumption of an alcoholic beverage in public, public urination or
defecation, the unlawful deposit of trash or litter on public or private
property, damage to or destruction of public or private property,
the obstruction of public roads, streets, highways or sidewalks, interference
with emergency or police services, use of profane or obscene language
or gestures, indecent exposure, fighting or quarreling, or any other
act defined as disorderly conduct in the Pennsylvania Crimes Code
or any act which otherwise injures or endangers the health, safety
or welfare of the residents of the Borough residing in the neighborhood
or vicinity of the gathering. It is not necessary that such conduct,
action, incident or behavior constitute a criminal offense, nor that
criminal charges be filed against any person, in order for said person
to have perpetrated, caused or permitted the commission of disruptive
conduct, as defined herein; provided, however, that no disruptive
conduct shall be deemed to have occurred unless a police officer shall
investigate and make a determination that such did occur and keep
written records, including a disruptive conduct report, of such occurrences.
DISRUPTIVE CONDUCT REPORT
A written report of disruptive conduct to be completed by
a police officer who actually investigates an alleged incident of
disruptive conduct and which shall be maintained by the Code Enforcement
Officer.
MANAGER
A person retained by an owner to be responsible for one or
more residential rental units within the Borough.
OCCUPANT
Any person over one year of age living and sleeping in a
residential rental unit or having actual possession of said residential
rental unit.
OWNER
The person who holds record title and/or the equitable owner
under an agreement of sale of a property upon which a residential
rental unit is erected or maintained. If more than one person owns
the residential rental unit as joint tenants, tenants in common, tenants
by the entireties, or tenants in co-partnership, each such person
shall be considered an owner and shall have all of the duties of an
owner under this article.
PERSON
A natural individual, unincorporated association, partnership,
corporation, estate, trust or any other legally recognized entity,
and the members of such partnership and the officers of such corporation.
PREMISES
Any parcel of real estate within the Borough, including the
land and all buildings and appurtenant structures, on which one or
more residential rental units are located.
PROPERTY MAINTENANCE CODE
The Borough Property Maintenance Code, adopted as the International
Property Maintenance Code of 2009, and any future amendments.
RESIDENTIAL RENTAL UNIT
A rooming unit; or a dwelling unit let for rent; or a residential
unit occupied by any persons other than one occupied solely by the
owner and members of the owner's family. Each individual townhouse
dwelling, each individual apartment unit, each individual unit in
a multifamily building, and each rooming unit shall be considered
a separate residential rental unit. If a structure contains a rooming
unit or if any portion of the structure is let for rent, it shall
be considered a residential rental unit whether or not the owner or
a relative of the owner also resides in the structure. A residential
rental unit shall not include a hotel unit, excepting, to the extent
permitted by applicable federal and state law, units occupied by the
same person or persons for 30 or more consecutive days. A residential
rental unit includes dwelling units under lease-purchase agreements
or long-term (greater than six months) agreements of sale.
ROOMING UNIT
A portion of a dwelling unit including any room or group
of rooms forming a single habitable unit used or intended to be used
for living and sleeping but not for cooking purposes. Granting of
permission to use shared or common cooking facilities may be associated
with the leasing of a rooming unit.
Each occupant of a residential rental unit shall have the following
duties:
A. Comply with all obligations of this article and all applicable federal,
state and local laws, ordinances and regulations.
B. Conduct himself/herself and require other persons, including, but
not limited to, guests on the premises and within his/her residential
rental unit with his/her consent, to conduct themselves in a manner
that will not disturb the peaceful enjoyment of the premises by others
and that will not disturb the peaceful enjoyment of adjacent or nearby
dwellings by people occupying the same.
C. Not engage in, nor tolerate, nor permit others on the premises to
cause damage to the residential rental unit or engage in disruptive
conduct or other violations of this article, codes, Borough ordinances,
or applicable state laws.
D. Use the trash and recyclable collection services provided by the
owner.
E. Use the residential rental unit for no purpose other than as a residence.
F. Maintain the residential rental unit in a manner meeting all requirements
for occupants of structures set forth in this article.
G. Allow the Code Enforcement Officer to inspect the residential rental
unit at reasonable times.
H. Not allow persons other than those identified on the residential
rental agreement to reside in the residential rental unit.
I. Not allow the residential rental unit to be occupied in a way that
conflicts with the Borough Zoning Ordinance.
Prior to initial occupancy of newly constructed residential
rental units, newly created residential rental units, or substantially
rehabilitated residential rental units (as documented by a certificate
of occupancy), the owner or manager shall register with and make written
application to the Code Enforcement Officer for a residential rental
license as herein provided.
A. Initial inspections will occur in accordance with a phased-in, systematic
inspection program to be prepared and made available upon request
by the Code Enforcement Officer. A minimum 30 days' written notice
shall be given for all initial inspections. The penalty for not allowing
an inspection shall be revocation of the residential rental license.
B. The Code Enforcement Officer shall inspect residential rental units
after completion of the initial inspections under this article in
accordance with a systematic program. The Code Enforcement Officer
may also inspect residential rental units upon a change in occupancy
of the residential rental unit, upon receipt of complaints, upon the
occurrence of disruptive conduct at such residential rental unit,
or for any other reasonable cause.
C. If the Code Enforcement Officer, upon completion of the inspection,
finds that the applicable codes have not been met, the Code Enforcement
Officer shall issue notices and, if appropriate, commence enforcement
actions under the procedure set forth in the code which has been violated.
The following notices shall be issued to the owner of the residential
rental unit or the manager. Notice provided to a manager shall be
deemed notice provided to the owner.
(1) If the Code Enforcement Officer finds violations warranting condemnation
of the residential rental unit under this article, in addition to
the remedies under this article, the Code Enforcement Officer shall:
(a)
Issue a ten-day notice of violation; and
(b)
If, after 10 days from the date of the ten-day notice of violation,
a reinspection reveals that the violations are not corrected and arrangements
satisfactory to the Code Enforcement Officer have not been made, the
residential rental license for the residential rental unit shall be
revoked until the issue has been satisfactorily resolved; and if the
residential rental unit is vacant, it shall remain vacant.
(2) If the Code Enforcement Officer finds violations not warranting condemnation
of the residential rental unit under this article, the Code Enforcement
Officer shall issue a thirty-day notice of violation.
(a)
If, after 30 days from the date of the thirty-day notice of
violation, the first reinspection reveals that all violations have
not been corrected, the Code Enforcement Officer shall issue a second
thirty-day notice of violation.
(b)
If, after 30 days from the date of the second thirty-day notice
of violation, a second reinspection reveals that all violations have
not been corrected, the Code Enforcement Officer shall revoke the
rental license for the rental unit; and if the residential rental
unit is vacant, it shall remain vacant.
D. A fee will be charged for the initial inspection and for each reinspection.
The Code Enforcement Officer shall maintain a list of all residential
rental units and their ownership that have been the subject of prosecution
during the preceding five years.
A residential rental license shall not be transferred. In the
case of licensed residential rental units that are sold or transferred,
the new owner shall secure a residential rental license for each residential
rental unit and have each residential rental unit inspected. Failure
to secure a residential rental license for each residential rental
unit within 60 days of the date of sale or transfer of ownership shall
result in the revocation of the residential rental license.