[Ord. 1193, 11/8/2004]
This Part is enacted to provide for the uniform and equitable
distribution of the tax levies in the Borough of Bristol and upon
the inhabitants thereof and to promote the health, safety, and general
welfare of the inhabitants of the Borough of Bristol.
[Ord. 1193, 11/8/2004]
As used in this Part, the following terms shall have the meanings
indicated, unless a different meaning clearly appears from the context:
One or more rooms used for living and sleeping purposes arranged
for occupancy by one family or by one or more persons.
A lessor, or person who acts as agent for the lessor, of
any parcel of real estate located in the Borough of Bristol, or a
lessor, or person who acts as agent for the lessor, of any improvements
on real estate or any building located in the Borough of Bristol.
Any individual, partnership, association, firm or corporation.
A person who has the use, either by himself or with others,
of a dwelling unit owned by a person other than himself, for a period
exceeding 30 days.
[Ord. 1193, 11/8/2004]
1.
Within 30 days from the effective date of this Part, each landlord
shall submit to the Building Code Official, a report form supplied
by the Building Code Official, which includes the following information:
A.
List of the dwelling units owned by the landlord, located within
the Borough of Bristol limits, whether occupied or not occupied.
B.
Address of each dwelling unit.
C.
Brief description of each dwelling unit including the square footage
of each unit.
D.
Whether or not said dwelling unit is inhabited or utilized by tenants.
E.
Names of the tenant or tenants utilizing the aforementioned dwelling
unit, if any.
[Ord. 1193, 11/8/2004]
After the effective date of this Part, any person who becomes a landlord of any parcel of real estate or any improvement on real estate or building located in the Borough of Bristol by agreement of sale, by deed, or by any other means, shall, within 30 days thereafter, report to the Building Code Official the information and data set forth in § 11-103 above, and on forms to be provided by the Building Code Official.
[Ord. 1193, 11/8/2004]
After the effective date of this Part, each and every landlord
of property within the Borough of Bristol shall report to the Building
Code Official on a report form to be supplied by the Building Code
Official, any change in the use or occupancy of any dwelling unit
owned by such landlord. The reported change shall include the name
or names of new tenants of such dwelling unit, the date when such
change was effected, and the forwarding address of the old tenant
or tenants if known. A landlord of a hotel, or inn house shall not
be required to report a person as a "tenant." In the event that a
dwelling unit was used or utilized by a tenant and then becomes vacant,
this change shall also be reported to the Building Code Official.
All reports required by this section shall be made within 10 days
after a landlord has knowledge that such a unit has had a change in
occupancy or has become vacant.
[Ord. 1193, 11/8/2004]
1.
The Building Code Official, under the authority of this Part, shall:
A.
Maintain on file at the Borough of Bristol office, the names of the
landlords owning dwelling units in the Borough of Bristol, said list
to include the names of the current tenants of said dwelling units.
C.
Notify the Chief of Police and the Fire Chief of the Borough of Bristol
of the address and description of any dwelling unit that is vacant,
unoccupied, and not in use.
[Ord. 1193, 11/8/2004; as amended by Ord. 1234, 3/12/2007;
and by Ord. 1295, 9/9/2013]
The Building Code Official or a duly authorized inspector shall conduct a biennial inspection of each dwelling unit in order to determine if each such unit complies with the building and fire ordinances of the Borough of Bristol. However, in the case of a single building containing more than 10 dwelling units, the authorized inspector shall conduct an annual inspection. Upon completion of the required report and inspection, the Building Code Official shall issue a certificate of registration and inspection for all units meeting ordinance requirements. The landlord shall accompany the report required by § 11-103 of this Part with the payment of a registration and inspection fee for each unit in an amount as established, from time to time, by resolution of Borough Council.
[Ord. 1193, 11/8/2004; as amended by Ord. 1203, 5/9/2005;
and by Ord. 1221, 5/15/2006]
1.
If a change or occupancy of a dwelling or dwelling unit occurs more than 90 days of the date of the annual inspection required by § 11-107 of this Part, an additional inspection of the unit shall be required to determine compliance with the requirements of the ICC International Property Maintenance Code and all other codes and ordinances of the Borough of Bristol regulating and governing matters of health, sanitation, and use of any structure for human occupancy and associated uses.
2.
The interim inspections upon change of occupancy shall be accomplished
within five days of the receipt by the Borough of a completed application
by the landlord. The Building Code Official shall list any violations
of any codes or ordinances of the Borough of Bristol which shall be
set forth as separate items in a written report submitted to the landlord.
3.
Violations of the applicable codes and ordinances which pose a clear,
positive, and serious threat to the health, safety or welfare of any
occupant shall be set forth in the inspection report and all such
violations shall be corrected prior to any change in occupancy of
the dwelling or dwelling unit. A re-inspection of the unit to be done
shall be completed prior to occupancy.
[Ord. 1193, 11/8/2004; as amended by Ord. 1295, 9/9/2013;
by Ord. 1305, 11/10/2014; and by Ord. No. 1365, 4/3/2023]
1.
Any person,
firm or corporation who shall violate any provision of this Part,
upon conviction thereof in an action brought before a Magisterial
District Judge in the manner provided for the enforcement of summary
offenses under the Pennsylvania Rules of Criminal Procedure, shall
be sentenced to pay a fine of not more than $1,000 plus costs, or
a minimum of $100 plus costs, and in default of payment of said fine
and costs, to a term of imprisonment not to exceed 90 days. Each day
that a violation of this Part continues or each section of this Part
which shall be found to have been violated shall constitute a separate
offense.
2.
In the
alternative, the Borough may pursue any civil action at law or equity
against any person, partnership or corporation who or which has violated
or permitted the violation of any of the provisions of this Part.
Upon being found liable therefor in a civil enforcement proceeding,
the defendant shall pay a judgment of not more than $1,000 plus all
court costs, including reasonable attorney fees incurred by the Borough
as a result thereof. Each day that a violation of this Part continues
which shall be found to have been violated shall constitute a separate
offense. All judgments, costs and reasonable attorney fees collected
for the violation of this Part shall be paid over to the Borough whose
ordinance has been violated.
[Ord. 1245, 12/10/2007]
It shall be the owner's responsibility to assure that the tenants,
the tenants' family members and guests of any tenant or tenant family
members not engage in disorderly behavior in the rental dwelling unit.
For the purposes of this Part, "rental dwelling unit" shall include
the rental unit and common areas in the building where the rental
dwelling unit is located.
[Ord. 1245, 12/10/2007; as amended by Ord. 1273, 5/10/2010;
and by Ord. 1295, 9/9/2013]
1.
For the purposes of this section, disorderly behavior may include,
but is not limited to, the following:
A.
Drug-related illegal activity in the rental dwelling unit "drug-related
illegal activity" means the illegal possession, manufacture, sale,
distribution, purchase, use or possession with intent to manufacture,
sell, or distribute a controlled substance (as defined in the Controlled
Substance Act (21 U.S.C. § 802) or possession of drug paraphernalia
as defined by Pennsylvania statute. A tenant shall be deemed to be
in possession of a controlled substance if any amount is located in
the tenant's rental dwelling unit even if the tenant claims not to
know the controlled substance was present unless the tenant provides
a sworn statement by a person, other than another tenant or tenant's
family member, that the controlled substance was theirs and the tenant
had no knowledge of the controlled substance.
B.
Acts of violence or threats of violence, including, but not limited
to, discharge of firearms, prostitution, intimidation, or any other
act that otherwise jeopardizes the health, safety or welfare of the
licensee, his agents or tenants.
(1)
Violation of 18 Pa.C.S.A. § 5503(a)(1), (2), (3) and
(4) (Disorderly Conduct).
(2)
Violation of 18 Pa.C.S.A. § 6504 (Public Nuisances).
(3)
Violation of Pennsylvania Statutes, Title 18, Chapter 61 (Firearms
and Other Dangerous Articles).
(4)
Violation of 18 Pa.C.S.A. § 5101 (Obstructing Administration
of Law or Other Governmental Function).
(6)
Violation of Bristol Borough Ordinance No. 829 (adopted 4-8-1974), Ordinance No. 1005 (adopted 7-14-1986) and Ordinance No. 1061 (adopted 2-11-1991), at Chapter 6, Part 3, §§ 6-301 through 6-302 (Disorderly Conduct), and Part 4, §§ 6-401 through 6-402 (Criminal Mischief).
[Added by Ord. 1297, 11/11/2013]
[Ord. 1245, 12/10/2007]
1.
Upon determination that a rental dwelling unit was the location of
disorderly behavior, the Building Official shall notify by first class
mail the owner and tenant of the violation and direct the owner to
take steps to prevent further violations.
2.
If a second instance of disorderly behavior occurs at a rental dwelling
unit within six months of the time a notice was sent for previous
disorderly behavior at the same unit, the Building Official shall
notify by first class mail the owner and the tenant of the violation
and direct the owner to submit, within 10 days of the date of the
notice, a written report of all actions taken by the licensee since
the first violation notice and actions the owner intends to take to
prevent further disorderly behavior.
3.
If a third instance of disorderly behavior occurs at a rental dwelling
unit within six months after the first of two previous notices of
disorderly behavior at the same unit, the rental dwelling unit registration
may be revoked, suspended or not renewed by the Borough Manager upon
the recommendation of the Building Official. The Building Official
shall make his/her decision to recommend revocation, suspension or
nonrenewal of the registration and submit his/her recommendation to
the Borough Manager within 10 days of the third instance of disorderly
behavior.
4.
For purposes of this section, second and third instances of disorderly
behavior shall be those which:
[Ord. 1245, 12/10/2007]
No adverse license action shall be imposed where the instance
of disorderly behavior occurred during pending eviction proceedings
or within 30 days of notice given by the owner to a tenant to vacate
the rental dwelling unit. However, adverse license action may proceed
when the owner fails to diligently pursue the eviction process. Further,
an action to deny, revoke, suspend, or not renew a registration based
upon violations of this section may be postponed or discontinued at
anytime if the owner has taken appropriate measures which will prevent
further instances of disorderly behavior, which may include a failed
eviction.
[Ord. 1245, 12/10/2007]
1.
The Building Official shall notify the owner or the owner's agent
in writing of the basis for the revocation, suspension, denial or
non-renewal and the date upon which the Manager shall review the request
to revoke, suspend, deny, or not renew the registration. The notice
required by this section shall be served upon the owner or the owner's
agent at least 10 days before the hearing. Service shall be deemed
the sufficient if the notice is sent to the owner or the owner's agent
by first class mail at the address provided in the registration application.
It shall be the responsibility of the owner or the owner's agent to
notify the tenant in writing of the hearing date, time and place.
2.
The owner or the owner's agent and the Building Official shall be
given an opportunity to be heard. The Manager shall hear all relevant
evidence and arguments and shall review all testimony, documents,
and other evidence submitted. The Manager shall record the hearing
and keep a record of documentary evidence submitted.
3.
The Manager shall make findings based on the evidence and shall make
a decision on the recommendation to revoke, suspend, deny, or non-renew
a registration based on the findings. The Manager shall issue a written
decision regarding the recommendation of the Building Official within
30 days following the date of the hearing and shall notify the appellant
of the decision by first class mail, with a duplicate copy to the
Building Official. The decision shall specify the rental dwelling
unit or units to which it applies. Thereafter, and until a registration
is reissued or reinstated, no rental dwelling units that have had
their rental registration revoked, suspended, denied, or non-renewed
may be rented or occupied. Revocation, suspension, denial, or non-renewal
of a registration shall not excuse the owner from compliance with
all terms of this section for as long as any rental dwelling units
in the building are occupied.
[Ord. 1245, 12/10/2007]
After the Borough's Manager revokes, suspends, denies or declines
to renew a license, no license will be issued for the affected rental
dwelling unit(s) until the Building Official determines that the applicant/licensee
has remedied the conditions identified by the Borough Manager as the
basis for its action. An application to obtain a registration for
a rental dwelling unit after the Borough Manager has revoked, suspended,
denied or declined to renew a registration for the same rental dwelling
unit(s) must be accompanied by all fees required by the Borough.
[Ord. 1245, 12/10/2007; as amended by Ord. 1295, 9/9/2013;
by Ord. 1305, 11/10/2014; and by Ord. No. 1365, 4/3/2023]
1.
Any person,
firm or corporation who shall violate any provision of this Part,
upon conviction thereof in an action brought before a Magisterial
District Judge in the manner provided for the enforcement of summary
offenses under the Pennsylvania Rules of Criminal Procedure, shall
be sentenced to pay a fine of not more than $1,000 plus costs, or
a minimum of $100 plus costs, and in default of payment of said fine
and costs, to a term of imprisonment not to exceed 90 days. Each day
that a violation of this Part continues or each section of this Part
which shall be found to have been violated shall constitute a separate
offense.
2.
In the
alternative, the Borough may pursue any civil action at law or equity
against any person, partnership or corporation who or which has violated
or permitted the violation of any of the provisions of this Part.
Upon being found liable therefor in a civil enforcement proceeding,
the defendant shall pay a judgment of not more than $1,000 plus all
court costs, including reasonable attorney fees incurred by the Borough
as a result thereof. Each day that a violation of this Part continues
which shall be found to have been violated shall constitute a separate
offense. All judgments, costs and reasonable attorney fees collected
for the violation of this Part shall be paid over to the Borough whose
ordinance has been violated.
