[HISTORY: Adopted by the Borough Council
of the Borough of Clarion as indicated in article histories. Amendments
noted where applicable.]
[Adopted 11-4-1981 by Ord. No. 81-608]
[Amended 12-20-2013 by Ord. No. 2013-798]
The following definitions apply to the interpretation and enforcement
of this article:
A room within a dwelling unit containing a toilet, lavatory
and a bathtub, shower or tub-shower and equipped with a lockable door
for privacy.
An arrangement of rooms in a structure intended for occupancy
for living purposes, whether or not containing cooking facilities
or separate sanitary facilities, normally occupied on a temporary
basis by students attending a public or private college, university
or preparatory school. This term shall not include dormitory facilities
which are wholly owned by said college, university or preparatory
school located on property owned by said institution and leased only
to individuals attending said institution on a full-time, part-time
or graduate basis. The term "dormitory" shall include the term "dorm
suite."
A building arranged, designed or used as the living quarter for one or more families, as families are defined in Chapter 210, Zoning, living independently and completely separate from each other. The term "dwelling" shall not be deemed to include the term "hotel," "motel," "rooming house" or "tourist home" unless used in the manner defined previously.
A building or portion thereof containing one or more rooms for living purposes, together with separate cooking and sanitary facilities, accessible from the outdoors either directly or through a common entrance hall shared with other dwelling units, completely separate and independent from other dwelling units and intended to be used by one family, as "family" is defined in Chapter 210, Zoning.
A room or space located within a building or structure used
for living purposes, including areas for eating, cooking and sleeping.
Bathrooms, toilet rooms, closets, halls, storage and utility spaces
and similar areas shall not be considered habitable space.
An area used for the preparation of food.
License fees will be established each year by resolution
at the time Council shall enact it annual budget ordinance.
All areas within a dwelling unit used for recreation, relaxation,
eating, sleeping, bathing, washing, cooking, and sanitation purposes.
A building or structure containing three or more dwelling
units.
Includes any individual, firm, corporation, association or
partnership.
Any single-family, two-family or multifamily dwelling, leased
dwelling, rooming house or dormitory, including any occupancy utilized
for any period of time for residential living purposes by anyone other
than the owner, for which compensation in any form is received by
the owner of the property or the agent of the owner of the property.
Compensation shall include rental monies paid or the payment of utilities
or building upkeep, the payment of property taxes or any remuneration
offered by the occupant or lessee in exchange for occupying a dwelling
unit for living purposes.
A document issued by the Borough of Clarion permitting a
specific residential structure or a structure containing multiple
dwelling units to be occupied on a rental or leased basis.
Any privately owned residential building or structure containing
two or more rooms or group of rooms intended for living and sleeping
purposes, containing no cooking facilities and providing separate
sanitary facilities, and having a common entrance, for which compensation
is received for a specified term on a daily, weekly, monthly or yearly
basis. The term "rooming house" shall include the term "boardinghouse."
A building or structure containing one dwelling unit.
A single-family dwelling unit constructed in a group of three
or more attached dwelling units in which each unit extends from foundation
to roof with a yard or public way on at least two sides.
A building or structure containing two dwelling units attached
side by side or stacked one over the other.
[Amended 12-20-2013 by Ord. No. 2013-798]
No person shall operate a rental or leased dwelling,
including single-family, two-family or multifamily dwellings, rooming
houses or dormitory, or any building or structure used for living
purposes, without holding a current and unsuspended rental unit license
issued by the Borough in his, her or its name for a specific rental
or leased dwelling, rooming house or dormitory.
A.
Every operating license shall be issued for a period
of one year and may be renewed for successive periods of not to exceed
one year, beginning January 1 and expiring December 31. Rental licenses
issued after June 30 in any calendar year and applying to new rental
dwelling units shall be assessed at 50% of the yearly licensing fee.
B.
The Borough Manager or designated agent upon application
shall issue new rental unit licenses and renewals thereof in the names
of the applicants, owners or operators of multiple dwellings, leased
dwellings, rooming houses and dormitories. No such licenses shall
be issued unless the multiple dwellings, leased dwellings, rooming
houses or dormitories in connection with which the license is sought
are found, after inspection, to meet all requirements of this article,
the property maintenance ordinance[1] and applicable rules and regulations.
C.
No rental unit license shall be issued or renewed
unless the applicant, owner or operator has first made application
therefor on an application form provided by the Borough Manager or
his designated agent. The Borough Manager or designated agent shall
develop such forms and make them available to the public.
D.
No rental unit license shall be issued or renewed
unless the applicant, owner or operator agrees in his application
to an inspection as the Borough Manager or designated agent may require
to determine whether the multiple dwelling, leased dwelling, rooming
house or dormitory in connection with which such license is sought
is in compliance with the provisions of this article and with applicable
rules and regulations. The license applicant, owner or operator shall
be notified in advance of the time and date of all inspections.
E.
No rental unit license shall be issued or renewed
unless the completed application form is accompanied by payment of
the license fee. Clarion Borough Council shall set the fees for the
rental unit license, which shall be valid for one year, by resolution,
at the time that said Council shall enact its annual budget ordinance.
If Clarion Borough Council shall not set a fee regulated by this article
at the time that it enacts its annual budget ordinance, then in such
case the fees which were in effect for the preceding year and not
changed shall remain in effect for the subsequent year.
F.
No rental unit license shall be issued or renewed
for an applicant unless such applicant has first designated an agent
for the receipt of service of violations of the provisions of this
article and for service of process pursuant to this article, when
said applicant is absent from the Borough of Clarion for 30 or more
days. Such a designation shall be made in writing, and shall accompany
each application form. The applicant may designate any person residing
within 25 miles of the Borough as agent for this purpose.
G.
Each rental unit license shall be made available by
the owner or operator for inspection upon request. The license shall
be transferable to another person, but not to another multiple dwelling,
leased dwelling, rooming house or dormitory. Every person holding
a rental unit license shall give notice, in writing, to the Borough
Manager or designated agent within seven days after having transferred
or otherwise disposed of the legal control of any licensed multiple
dwelling, leased dwelling, rooming house or dormitory. Such notice
shall include the name and address of the person or persons succeeding
to the ownership or control of such multiple dwelling, leased dwelling,
rooming house or dormitory.
H.
Every owner or operator of a licensed multiple dwelling,
leased dwelling, rooming house or dormitory shall keep, or cause to
be kept, a complete and accurate list of all occupants of said units.
Such records shall be made available by the owner or operator to the
Borough Manager or designated agent for inspection and copying upon
request.
I.
The Borough shall inspect each rental unit by arranging a suitable
time with the property owner. Written notice confirming the time and
date of the inspection will be sent via first class mail to the property
owner. Failure to cancel a scheduled inspection within 24 hours of
the date and time of said inspection, or failure to appear for such
inspection, shall result in the imposition of a missed inspection
fee to be set by resolution of Council when adopting its annual budget
ordinance. A separate missed inspection fee will be charged for each
rental unit for which an inspection was missed.
J.
Whenever, upon inspection of the licensed multiple
dwelling, leased dwelling, rooming house or dormitory, the Borough
Manager or designated agent finds that conditions or practices exist
which are in violation of the provision of this article or of any
applicable rules and regulations or ordinances pursuant thereto, he
shall serve the owner or operator with notice of such violation. Notice
means written notice, given by personal service upon the addressee
or given by United States Mail, postage prepaid, addressed to the
person to be notified at his last known address. Service of such notice
shall be effective upon the completion of personal service or upon
the placing of the same in the custody of United State Postal Service.
Such notice shall state that, unless the violations cited are corrected
within a period not to exceed 30 calendar days, a citation will be
issued.
K.
At the end of the time he has allowed for correction
of any violation cited, the Borough Manager or designated agent shall
reinspect the multiple dwelling, leased dwelling, rooming house or
dormitory, and if he determines that such conditions have not been
corrected, he shall issue a citation.
L.
The Borough Manager or designated agent shall maintain
a record of all citations, complaints and warning notices issued by
him and the Police Department. The owner shall be notified of all
citations for violations of Borough ordinances or other laws committed
upon or in his rental units.
M.
The owner or operator of any rental unit shall not
evict or cause the tenant to suffer any financial loss because of
a tenant complaint about a possible violation of the Property Maintenance
Code.[2] This shall not prohibit the owner or operator from evicting
the tenant for reasons unrelated to the complaint specified above.
[Added 12-20-2013 by Ord.
No. 2013-798]
[Amended 12-20-2013 by Ord. No. 2013-798]
Any person who shall violate any section of
this article shall be guilty of a summary violation and, upon conviction
thereof by a Magisterial District Judge, be sentenced as follows:
A.
The first conviction shall be punishable by a maximum
fine of $200 and the costs of prosecution, and, in default of payment
of such fine and costs, imprisonment for not less than two nor more
than four days.
B.
The second conviction shall be punishable by a maximum
fine of $400 and the costs of prosecution and, in default of payment
of such fine and costs, imprisonment for not less than four and not
more than eight days.
C.
The third and subsequent conviction(s) shall be punishable
by a maximum fine of $600 and the costs of prosecution and, in default
of payment of such fine and costs, imprisonment for not less than
eight nor more than 30 days.
The provisions of this article, so far as they
are the same as those of ordinances and regulations in force immediately
prior to the enactment of this article, are intended as a continuation
of such ordinances and regulations and not as new enactments. The
provisions of this article shall not affect any act done or liability
incurred, nor shall they affect any suit of prosecution pending or
to be instituted to enforce any of these repealed ordinances or regulations.[1]
