Borough of Millersville, PA
Lancaster County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Borough Council of the Borough of Millersville as indicated in article histories. Amendments noted where applicable.]
GENERAL REFERENCES
Code enforcement — See Ch. 150.
Noise — See Ch. 257.
Subdivision and land development — See Ch. 325.
Trailers and trailer parks — See Ch. 341.
Zoning — See Ch. 380.
Fees — See Ch. A395.
290a Ex A Addendum to Res Rental Agreement
[Adopted 6-25-2002 by Ord. No. 2002-9]

§ 290-1 Purpose and findings.

The purpose of this article and the policy of the Borough of Millersville 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 growing concern in the Borough with the failure of some landowners to properly maintain residential rental units.
B. 
Borough records indicate 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.
C. 
Borough records indicate there are a greater number of disturbances at residential rental units than all other properties combined.
D. 
Borough records indicate that violations of the codes are generally less severe at owner-occupied units as compared to residential rental units.

§ 290-2 Definitions and word usage.

Unless otherwise expressly stated, the following terms shall, for the purpose of this article, have the meanings indicated as follows:
BOROUGH
The Borough of Millersville, Lancaster County, Pennsylvania.
BOROUGH COUNCIL
The governing body of the Borough.
[Added 4-23-2013 by Ord. No. 2013-2]
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, codified as Chapter 150, Article II; the Property Maintenance Code, codified as Chapter 150, Article I; the Zoning Ordinance, codified as Chapter 380; the Solid Waste and Recycling Ordinance, codified as Chapter 310; 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, unreasonable noise as defined by Chapter 257, Noise, of the Code, 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 prohibited in Chapter 114, Alcoholic Beverages, Chapter 154, Curfew, Chapter 173, Firearms, Chapter 257, Noise, or Chapter, 278, Public Property, of the Borough Code or 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 Code Enforcement Officer or 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. The occupant and the owner and, if applicable, the manager shall be notified of any such occurrences, in writing.
DISRUPTIVE CONDUCT REPORT
A written report of disruptive conduct to be completed by a police officer or a Code Enforcement Officer who actually investigates an alleged incident of disruptive conduct and which shall be maintained by the Code Enforcement Officer.
HOTEL UNIT
Any room or group of rooms located within a hotel or motel, 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.
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.
[Added 12-14-2004 by Ord. No. 2004-7]
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 enacted as Chapter 150, Article I, of the Borough Code, as it may be amended in the future.
RESIDENTIAL RENTAL LICENSE
A document issued by the Code Enforcement Officer to the owner of a residential rental unit.
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 or a personal-care home. A residential rental unit includes dwelling units under lease-purchase agreements or long-term (greater than six months) agreements of sale.
[Amended 12-14-2004 by Ord. No. 2004-7]
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.
SAFETY COMMITTEE
A three-member committee of Borough Council which has jurisdiction over public safety issues, as such Safety Committee shall be designated or named from time to time.
[Added 4-23-2013 by Ord. No. 2013-2]

§ 290-3 Duties of owners and managers.

A. 
It shall be the duty of every owner to:
(1) 
Keep and maintain all residential rental units in compliance with all applicable codes and provisions of all applicable state laws and regulations, including but not limited to Chapter 380, Zoning.
(2) 
Keep and maintain all premises in a good and safe condition.
(3) 
Be aware of and act to eliminate disruptive conduct in all residential rental units.
(4) 
Employ policies to manage the residential rental units under his/her control in compliance with the provisions of this article, Borough codes and applicable state laws.
(5) 
Pay or ensure payment of all real estate taxes, sewer rates, and trash collection fees to ensure that such vital utilities are provided.
(6) 
Obtain and maintain a residential rental license for each residential rental unit.
(7) 
Provide the Borough, within 30 days, with the names of all tenants and the effective date of their lease of the residential rental unit and notify the Borough of changes in the occupancy of the residential rental unit within 30 days of such change.
[Amended 4-23-2013 by Ord. No. 2013-2]
(8) 
Provide trash and recyclable collection and disposal services and instruct tenants of the method of trash and recyclable collection (e.g., curbside or dumpster) and, if applicable, the day of the week of trash and recyclable pickup.
(9) 
Provide each tenant with a disclosure statement containing the requirements of this article, including the provisions relating to disruptive conduct. Provision of a copy of this article to each tenant will satisfy this requirement.
(10) 
Take all actions necessary to ensure that each residential rental unit is occupied by only one family. For the purposes of this subsection, a "family" shall be considered to be a family as that term is defined in Chapter 380, Zoning, i.e., no more than three persons unrelated to all the others by blood, marriage, adoption or legal foster relationship.
(11) 
Require a written rental agreement for each residential rental unit which shall include the name of each tenant that will reside in the residential rental unit.
[Amended 3-27-2012 by Ord. No. 2012-4]
(12) 
Retain a manager when this article requires that a manager be designated.
(13) 
Provide at least one fire extinguisher, minimum UL rating of 2A-10B:C, ABC Dry Chemical, to be placed in the kitchen or in close proximity to the kitchen, either under the kitchen sink or on a wall-mount bracket.
[Added 3-22-2011 by Ord. No. 2011-3[1]]
[1]
Editor’s Note: This ordinance also provided for an effective date of 1-1-2012.
(14) 
Install ten-year sealed lithium battery smoke detectors at such locations as are required by the Borough Property Maintenance Code codified as Article I, Property Maintenance, of Chapter 150, Code Enforcement, unless the residential rental unit is provided with an operational hard-wired smoke detection system.
[Added 3-22-2011 by Ord. No. 2011-3[2]]
[2]
Editor’s Note: This ordinance also provided for an effective date of 1-1-2012.
B. 
If the owner has appointed a manager, the manager shall be jointly responsible to fulfill all of the obligations in Subsection A of this section. No owner may relieve himself of the responsibility to perform the duties set forth in Subsection A by appointing a manager.
C. 
It shall be unlawful for any person to conduct or operate or cause to be rented, either as owner or manager, any residential rental unit within the Borough without having a residential rental license as required by this article.
D. 
The owner and, if applicable, the manager shall include the amendment attached hereto as Exhibit A, identified as "Addendum to Residential Rental Agreement," in each lease of a residential rental unit taking effect on or after January 1, 2003.[3]
[3]
Editor's Note: Exhibit A is attached to this chapter.
E. 
It shall be the responsibility of every owner and every manager to display the residential rental license in the residential rental unit. The residential rental license shall include the following information:
(1) 
The name, mailing address and telephone number of the owner or manager.
(2) 
The evenings on which garbage and recycling are to be placed curbside for collection.
(3) 
The telephone number to call to register complaints regarding the physical condition of the residential rental unit.
(4) 
The telephone number for emergency police, fire and medical services.
(5) 
The date of expiration of the residential rental license.
(6) 
A summary of the owner's and occupant's duties under this article.
F. 
No residential rental license shall be issued to any owner residing more than 20 miles from the municipal limits of the Borough unless the owner provides the Code Enforcement Officer with the name, mailing address and telephone number of a manager residing or working within the county, authorized to accept service of process on behalf of the owner. For the purpose of this subsection, a post office box is not acceptable for the manager's address. This designation shall not be valid unless signed by the owner and the manager designated to act on behalf of the owner. The owner shall notify the Code Enforcement Officer within 30 days of any change in manager.
G. 
It shall be the responsibility of every owner and every manager to display a list of names of all tenants residing in the residential rental unit either on the inside of the front door of the residential rental unit or on the wall beside the front door of the residential rental unit.
[Added 3-27-2012 by Ord. No. 2012-4]

§ 290-4 Exemption from licensing requirements.

A. 
All property owned by the county or any housing authority created by the county which is inspected annually by those agencies to assess conformance with federal standards, or properties that are inspected annually for compliance with the requirements of the United States Department of Housing and Urban Development or the Pennsylvania Housing Finance Agency, regardless of the occupants, shall be exempt from the licensing provisions of this article.
B. 
The licensing provisions of this article shall not apply to hospitals, hotel units or dormitories, fraternity houses and sorority houses on the Millersville University campus on lands owned by the Commonwealth of Pennsylvania, State System of Higher Education, Millersville State University, or the General State Authority. All student resident structures located on land which is not owned by the Commonwealth of Pennsylvania, State System of Higher Education, Millersville State University, or the General State Authority are subject to all requirements of this article.
[Amended 12-14-2004 by Ord. No. 2004-7]
C. 
If, in response to a complaint, an exempt unit is found to be in violation of a code, the owner and, if applicable, the manager shall correct the violation(s) within the time frame cited by the Code Enforcement Officer. If the violation(s) is/are not corrected, the unit shall lose its exemption until the violation(s) is/are corrected. If three verified complaints are received in any twelve-month period, the unit shall lose its exemption from the requirement to obtain a license for a period of five years.
D. 
All occupants of residential rental units, whether or not the residential rental unit is exempt from the licensing requirements of this article, shall be subject to the provisions of §§ 290-5 and 290-6 of this article.

§ 290-5 Duties of occupants.

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.
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 Chapter 150, Article I, Property Maintenance.
G. 
Allow 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 subsection, a "family" shall be considered to be a family as that term is defined in Chapter 380, Zoning, i.e., no more than three persons unrelated to all the others by blood, marriage, adoption or legal foster relationship.
J. 
Not permit the possession of, serving to or consumption of alcohol by underage persons.
K. 
Insure that the maximum number of persons permitted in the residential rental unit at any time shall not exceed one person for each 40 square feet of habitable floor space in the residential rental unit. Insure that the maximum number of persons permitted in the common areas of any multiunit building containing residential rental units shall not exceed one person for each 15 square feet of common area on the premises.
[Added 3-27-2012 by Ord. No. 2012-4]

§ 290-6 Disruptive conduct.

A. 
Police officers or the Code Enforcement Officer shall investigate alleged incidents of disruptive conduct. The police officer or Code Enforcement Officer conducting the investigation shall complete a disruptive conduct report upon a finding that the reported incident constitutes disruptive conduct. The information filed in the disruptive conduct report shall include, if possible, the identity of the alleged perpetrator(s) of the disruptive conduct and the identity of all tenants listed on the lease for the residential rental unit, whether each such tenant is present at the time of the disruptive conduct or is not present at that time. The information shall also set forth the factual basis of the disruptive conduct described in the disruptive conduct report. A copy of the disruptive conduct report shall be given or mailed to the occupant, the owner, and, if applicable, the manager within 10 working days of the occurrence of the alleged disruptive conduct.
[Amended 4-23-2013 by Ord. No. 2013-2]
B. 
The occupant or the owner and, if applicable, the manager shall have 10 working days from the date of a disruptive conduct report to appeal the disruptive conduct report. The appeal shall be made in writing and submitted to the Code Enforcement Officer.
C. 
If the disruptive conduct report is not appealed or uphheld after an appeal, the names of the people cited for the disruptive conduct will be placed on a list, stating the date of the offense, nature of the offense and location of the offense. This list shall be maintained by both the Millersville Borough Police Department and the Code Enforcement Officer. The information on this list shall be made available to the general public when requested.
[Added 3-27-2012 by Ord. No. 2012-4[1]]
[1]
Editor’s Note: With the addition of this ordinance, former Subsections C and D were redesignated as Subsections D and E, respectively.
D. 
After three disruptive conduct incidents in any twelve-month period by an occupant documented by disruptive conduct reports, the owner and, if applicable, the manager shall have 10 working days from the date of the third disruptive conduct report to begin eviction proceedings against the occupants. Failure to take such action will result in the immediate revocation of the residential rental license. The residential rental unit involved shall not have its residential rental license reinstated until the reinstatement fee is paid and the disruptive occupants have been evicted, the Magisterial District Judge has ruled in the occupant’s favor, the Magisterial District Judge has ruled in the owner’s favor but has not ordered the eviction of the occupant(s), or the occupants have filed an appeal to a higher court or declared bankruptcy, thereby preventing their eviction. The disruptive occupants, upon eviction, shall not reoccupy any residential rental unit on the same premises involved or another owned by the same owner for a period of at least one year from the date of eviction. This subsection is not intended to limit or inhibit the owner’s and, if applicable, the manager’s right to initiate eviction actions prior to the issuance of the third disruptive conduct report in a twelve-month period. When an eviction occurs, the tenant’s name will also be added to the list in Subsection C of this section.
[Amended 3-27-2012 by Ord. No. 2012-4]
E. 
The disruptive conduct report shall count against all occupants of the residential rental unit. More than one disruptive conduct report filed against the occupants of a residential rental unit in a twenty-four-hour period shall count as a single disruptive conduct report for the purpose of Subsection D of this section. The Code Enforcement Officer shall maintain a list of the names of all occupants evicted as a result of Subsection D of this section. The names shall remain on the list for a period of three years.
[Amended 3-27-2012 by Ord. No. 2012-4]

§ 290-7 Residential rental unit licensing.

[Amended 12-14-2004 by Ord. No. 2004-7]
A. 
The manager of each residential rental unit shall apply for and obtain an annual residential rental license for each residential rental unit. A residential rental unit license shall be valid for a period of one calendar year from the date of issuance. The Borough, as a courtesy, may forward a notice that a residential rental license will expire and must be renewed, but the failure of the Borough to send such notice or the failure of the manager to receive such notice shall not excuse the manager of a residential rental unit from making an application to obtain and/or renew a residential rental unit license.
B. 
The Code Enforcement Officer shall issue a residential rental license if the owner provides the name, address and phone number of a manager (if applicable), pays the registration fee, submits a complete and accurate occupant listing for the residential rental unit and is current on real estate taxes, sewer rates and trash collection fees for the residential rental unit.
C. 
The Code Enforcement Officer shall deny and may revoke a residential rental license if the owner does not provide the name, address and phone number of a manager (if applicable), does not pay the annual registration fee, is not current on real estate taxes, sewer rates or trash collection fees for the residential rental unit, does not submit a complete and accurate occupant listing for the residential rental unit with the application for renewal of the residential rental unit license or within one month after a change in the identity of the occupants of the residential rental unit, does not correct a code violation within the time frame cited by the Code Enforcement Officer, and/or has not complied with the disruptive conduct provisions of this article.
D. 
The Code Enforcement Officer shall deny and may revoke a residential rental license if the following occur within the licensed residential rental unit or on the premises:
(1) 
Failure to abate any violation of Chapter 150, Article I, Property Maintenance, within the time specified in the notice of violation, unless an appeal is pending.
(2) 
Failure to take action to evict occupants of a residential rental unit when the disruptive conduct provisions of this article require such action.
(3) 
Occurrence of three violations of this article and/or of any other Borough codes or ordinances that apply to the residential rental unit or premises during the term of the license. Before an occurrence may be considered a violation, there must be either a summary conviction or the Code Enforcement Officer must send the owner a written notice of the violation within 30 days of the incident, and the period for the owner to file an appeal from the determination of the Code Enforcement Officer must have expired.
E. 
The Code Enforcement Officer shall forward written notice to the owner if the Code Enforcement Officer will deny, refuse to renew or revoke a residential rental license. The notification shall identify the residential rental unit; the grounds for the denial, nonrenewal or revocation, including the factual circumstances and the section of this article supporting such determination; and informing the owner of the right to appeal the denial, nonrenewal or revocation of the residential rental license to the Borough Council under this article.
F. 
The Code Enforcement Officer may reinstate a residential rental license if the owner or manager corrects the reason for the revocation of the residential rental license and has paid the residential rental license reinstatement fee.

§ 290-8 Inspection of units.

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 of 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 the Chapter 150, Article I, Property Maintenance, in addition to the remedies under Chapter 150, Article I, Property Maintenance, 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 Chapter 150, Article I, Property Maintenance, 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) 
A fee will be charged for the initial inspection and for each reinspection.[1] 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.
[1]
Editor's Note: See Ch. A395, Fees.

§ 290-9 Sale or transfer of units.

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 seek a residential rental license for each residential rental unit and have each residential rental unit inspected. Failure to seek 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.

§ 290-10 Appeals.

[Amended 4-23-2013 by Ord. No. 2013-2]
A. 
Any appeal from any decision of the Code Enforcement Officer shall be taken to the Safety Committee. Such appeal shall be made in writing within 10 working days after the decision of the Code Enforcement Officer. The appeal shall be verified by 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.[1] The appellant or his representative shall have the right to appear and be heard, if such right is requested in the written appeal. The Safety Committee shall make a prompt decision on such appeal which shall be in writing, copies of which shall be provided to the Code Enforcement Officer and the appellant.
[1]
Editor's Note: See Ch. A395, Fees.
B. 
Any person aggrieved by any decision of a police officer or the Code Enforcement Officer in regard to a disruptive conduct report or the revocation of a residential rental license may appeal to the Safety Committee. Any appeal from a disruptive conduct report or the revocation of a residential rental license shall be filed, in writing, within ten working days from the date of the disruptive conduct report or notice of revocation and must meet all requirements of § 290-10A. The Safety Committee shall have all three voting members present at the hearing on an appeal from a disruptive conduct report or revocation of a residential rental license, if a hearing is requested in the written appeal. If all three members of the Safety Committee cannot be present at a hearing on an appeal, the chair of the Safety Committee will request that the Borough Council President attend and participate in the hearing or designate another member of Borough Council to attend and participate in the hearing. The Safety Committee, supplemented by members of Borough Council in accordance with this § 290-10B if necessary, shall render a final decision on the appeal.

§ 290-11 Violations and penalties.

A. 
Violations. It shall be a violation of this article to commit or to permit any other person to commit any of the following acts:
(1) 
To lease, let, or allow the occupancy of a residential rental unit without obtaining a residential rental license where required by this article.
(2) 
To refuse to permit inspections required under this article for a residential rental unit.
(3) 
To fail to perform the duties established by § 290-3 of this article if such person is an owner or a manager of a residential rental unit.
(4) 
To fail to perform the duties established by § 290-5 of this article if such person is an occupant of a residential rental unit.
(5) 
To place false information on or to omit relevant information from an application for a residential rental license.
(6) 
To fail to comply with any other provision of this article.
B. 
Penalties and remedies.
(1) 
Allowing occupancy of a residential rental unit after the residential rental license has been revoked: a fine of not less than $500 per residential rental unit for each month the violation exists. Each month the violation exists constitutes a separate violation.
(2) 
Failure to seek a rental license: There shall be a fine of not less than $500 per residential rental unit for each month that the violation exists. Each month that the violation exists constitutes a separate violation.
[Amended 3-27-2012 by Ord. No. 2012-4]
(3) 
Whoever violates any other provision of this article shall, upon a first offense, be fined no less than $100 nor more than $1,000 or imprisoned not more than 30 days, or both.
[Amended 1-27-2009 by Ord. No. 2009-1]
(4) 
In addition to prosecution of persons violating this article, the Code Enforcement Officer, or any duly authorized agent of the Borough, may take such civil or equitable remedies, in any court of record of the Commonwealth of Pennsylvania, against any person or property, real or personal, to effect the provisions of this article.
(5) 
The provisions of this section and the provisions of this article governing revocation, suspension or nonrenewal of residential rental licenses shall be independent, nonmutually exclusive, separate remedies, all of which shall be available to the Borough as may be deemed appropriate. The remedies and procedures in this article are not intended to supplant or replace, to any degree, the remedies provided to the Borough in Chapter 150, Article I, Property Maintenance, Chapter 380, Zoning, or any other code.
(6) 
Any person found guilty of violating this chapter may be assessed court costs and reasonable attorneys' fees incurred by the Borough in enforcement proceedings.
[Added 4-23-2013 by Ord. No. 2013-2]