[Adopted 11-11-2008 by Ord. No. 343]
This article shall be known as may be cited as the "Adamstown
Borough Residential Rental Unit Regulation Ordinance."
The purpose of this article and the policy of the Borough of
Adamstown 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.
Unless otherwise expressly stated, the following terms shall,
for the purpose of this article, have the meanings indicated as follows:
BOROUGH
The Borough of Adamstown, Lancaster and Berks Counties, Pennsylvania.
CODE ENFORCEMENT OFFICER
A person designated by Borough Council to enforce this article,
including issuance of residential rental licenses and the 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, codified as Chapter
109; the Property Maintenance Code, codified as Chapter
202; the Zoning Ordinance, codified as Chapter
320; the Solid Waste and Recycling Ordinance, codified as Chapter
243; and general nuisance ordinances.
COUNTY
The Counties of Lancaster and Berks.
HOTEL UNIT
Any room or group of rooms located within a hotel, motel
or bed-and-breakfast forming a single habitable unit used or intended
to be used for living and sleeping only on a transient basis for a
period of less than 30 days.
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 for a period of 30 days during the calendar year.
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 copartnership, 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.
PERSONAL CARE HOME
A premises in which food, shelter and personal assistance
or supervision are continually provided for four or more adults who
are not relatives of the operator, who do not require the services
in or of a licensed long-term facility, but who do require assistance
or supervision in matters such as dressing, bathing, diet, financial
management, evacuation of a residence in the event of an emergency,
or medication prescribed for self-administration, and which meets
the regulations of any applicable government licensing agency.
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.
RENTAL INSPECTOR
A person designated by Borough Council to perform inspections
of residential rental units.
RESIDENTIAL RENTAL UNIT
(i) A rooming unit; or (ii) a dwelling unit let for rent;
or (iii) 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 or a personal
care home. A residential rental unit includes dwelling units under
lease-purchase agreements, or long-term (longer 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 codes
and Borough ordinances, as well as all state laws and regulations.
B. Conduct himself/herself and require other persons, including, but
not limited to, guests on the premises and within their residential
rental unit with their 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 or as directed by the owner.
E. Use the residential rental unit for no purpose other than as a residence or uses approved by the owner which comply with all requirements of Chapter
320, Zoning; provided, however, that all necessary Zoning Ordinance approvals are obtained prior to instituting any use in connection with the residential use.
F. Maintain the residential rental unit in a manner meeting all requirements
for occupants of structures set forth in the Property Maintenance
Code.
G. Allow the Rental Inspector and/or the Code Enforcement Officer to
inspect the residential rental unit in accordance with this article
at reasonable times.
H. Not allow persons other than those identified on the lease to reside
in the residential rental unit.
I. Not allow the residential rental unit to be occupied by more than one family. For the purposes of this paragraph, a "family" shall be considered to be a "family" as that term is defined in Chapter
320, Zoning.
J. Not permit the possession of, serving to or consumption of alcohol
by underage persons.
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 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 Rental Inspector shall inspect residential rental units after
completion of the initial inspections under this article in accordance
with a systematic program providing for inspections once every three
years. The Rental Inspector also shall inspect residential rental
units upon receipt of complaints or for any other reasonable cause.
[Amended 4-3-2012 by Ord.
No. 366]
C. If the Code Enforcement Officer, upon completion of the inspection
by the Rental Inspector, 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 the Property Maintenance Code,
in addition to the remedies under the Property Maintenance Code, 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, 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 the Property Maintenance Code,
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,
a thirty-day legal action warning shall be issued.
(b)
If after 30 days from the date of the thirty-day legal action
warning the second reinspection reveals that all violations have not
been corrected, the Code Enforcement Officer shall revoke the residential
rental license for the residential rental unit, and if the residential
rental unit is vacant, it shall remain vacant.
(c)
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.
[Amended 4-3-2012 by Ord.
No. 366]
A residential rental license shall not be transferred. If a
building containing one or more residential rental units is sold or
transferred, the new owner shall seek a residential rental license
for such residential rental unit(s) or, if the new owner has an existing
residential rental license for other residential rental units in the
Borough, shall seek to have his existing residential rental license
amended to include such newly acquired residential rental unit(s),
and the new owner shall have each residential rental unit in such
building inspected. Failure to seek a residential rental license or
an amendment to the new owner's existing residential rental license
within 60 days of the date of sale or transfer of ownership shall
result in the revocation of the residential rental license in existence
at the time of transfer of a building containing one or more residential
rental units.
An appeal from any decision of the Code Enforcement Officer
shall be taken to Borough Council. Such appeal shall be made in writing
within 10 working days after such decision has been made. The appeal
shall be verified by an affidavit, shall state the grounds therefor
and shall be filed with the Borough Secretary. The appeal shall be
accompanied by the appeal fee, which shall be established by ordinance
or resolution of Borough Council. The appellant or his representative
shall have the right to appear and be heard, if such right is requested
in the written appeal. Borough Council shall make a prompt decision
on such appeal. Borough Council shall render a written decision, copies
of which shall be provided to the Code Official and the appellant.