[HISTORY: Adopted by the Borough Council
of the Borough of Heidelberg 11-21-2000 by Ord. No. 538. Amendments noted where
applicable.]
This chapter shall be known as the "Residential
Rental Operating Licensure Ordinance."
This chapter is adopted to protect the health,
safety and welfare of the Borough's residents and to prevent the loss
of life, limb and property from fire, explosions, noxious gases and
other dangers, detriments, and inconveniences to the Borough.
[Added 11-20-2001 by Ord. No. 545]
The Council of the Borough of Heidelberg makes
the following legislative findings.
A.
The Borough of Heidelberg has experienced a decline
in population over the past several years, and many residential structures
which were owner-occupied are now being leased for tenant occupancy
and many residential buildings have been purchased by persons who
do not reside in the Borough of Heidelberg and converted to rental
units.
B.
The growing number of residential structures with
absentee owners has, and tends toward, a decrease in owner awareness
of the conditions of such properties with regard to health, safety,
upkeep and maintenance.
C.
The absentee-ownership of a growing number of residential
structures in the Borough tends to convert such properties from owner-occupied
homes which are maintained for the health, safety, and comfort of
the owner, to investment properties in which maintenance is frequently
deferred and less attention is given to the health, safety, and welfare
of the tenants and surrounding properties as would be the case if
the properties were owner-occupied in order to increase the owners'
return on his or her investment.
D.
Tenants are particularly without, or are unaware of,
the recourse available to them to cause the owner to properly maintain
the rental units, and often such maintenance is left to the tenant
who has little incentive to invest his or her own time and financial
resources toward the maintenance of another's real property.
E.
It has been reported to Borough Council that tenants
will often use noncodecompliant, corner-cutting and stopgap measures
to fix, or get by with defects in rental units.
F.
The afore described conditions tend toward a devolution
into blighted, unsafe, unhealthful, unsanitary properties which the
Borough deems necessary to regulate with this chapter.
The Borough of Heidelberg Ordinance No. 537
is hereby repealed, and this chapter shall replace it.[1] Any ordinance or part of any ordinance conflicting with
the provisions of this chapter shall be repealed to the extent of
any conflict.
[1]
Editor's Note: Ordinance No. 537, adopted
4-13-2000, comprised former Ch. 101, Tenant Registration and Rental
Occupancy Permits.
In the construction of this chapter, the rules
and definitions contained in this section shall be observed and applied,
except when the context clearly indicates otherwise:
A.
Words used in the singular shall include the plural,
and the plural the singular.
B.
Words used in the present tense shall include the
future tense.
C.
Words used in the masculine gender shall include the
feminine.
D.
The word "person" includes corporations, associations
and partnerships and other similar entities.
E.
The word "shall" is always mandatory and not discretionary.
F.
The word "may" is permissive.
G.
This chapter shall be liberally construed to accomplish
its purpose to protect the public's health, safety and welfare.
H.
The Borough intends to favor the public interest as
against any private interest.
For purpose of this chapter, the following terms,
phrases, words and their derivations shall have the meanings given
herein:
The Borough of Heidelberg.
The Secretary of the Borough of Heidelberg.
The Building Inspector of the Borough of Heidelberg.
A person and/or an authorized representative, heir, successor
or assignee of a person who leases or otherwise permits another person
to occupy a rental unit for money or other consideration.
An individual, proprietorship, partnership, corporation,
association, or other legal entity.
Any building or any portion of a building in which a person
resides in consideration of which money or other goods or services
are paid or provided to the owner of such building, the owner's authorized
representative or another tenant and which may include, but which
shall not be limited to, the following types of rental units:
DWELLING, MULTIFAMILY, INCLUDING GARDEN APARTMENTA building or portion thereof containing or designed to contain three or more separate dwelling units with or without common access facilities.
DWELLING UNITA single unit providing complete, independent living facilities for one or more persons, including permanent provisions for living, sleeping, eating, cooking and sanitation. All rooms comprising a dwelling unit shall have access through an interior door to other parts of the dwelling unit.
ROOMING HOUSE, INCLUDING A BOARDING, LODGING OR TOURIST HOMEA building other than a multifamily dwelling containing not more than one dwelling unit occupied by a family and providing, for compensation or other consideration, rooming units for the lodging in addition to the owner.
ROOMING UNITA room or rooms constituting a separate, independent housekeeping unit that is physically separated from any other room, dwelling unit, or rooming unit in the same structure. The rooming unit shall contain living and sleeping facilities, but not cooking or eating facilities, and shall be occupied by no more than one family.
TOWNHOUSE or ROWHOUSEDwelling units attached to each other by party or common walls, with each unit having individual access and rear common or private garden orientation.
A person who occupies a rental unit for which said person
pays money or gives other consideration.
No landlord shall operate a rental unit in the
Borough unless he has applied for and has been issued a current, rental
operating license for the specified rental unit for the current year.
Every landlord shall apply for a rental operating
license and shall agree to comply with all provisions of all national
and state building, fire prevention or maintenance codes and Borough
ordinances. The application shall be in the form appended hereto as
Exhibit No. 1[1] and shall be accompanied by a check or money order payable to the Borough in the amount set forth below in § 91-10. Applications for rental operating licenses for any tenancy existing on the effective date of this chapter must be received by the Borough no later than 60 days following the effective date of this chapter.
[1]
Editor's Note: Said Exhibit 1 is available
at the Borough offices.
Every landlord shall supply the following information
to the Borough Secretary as part of the application for rental operating
license and agreement to comply:
The following regulations are hereby adopted
for the issuance of rental operation licenses:
A.
Requirement of inspection in compliance with the Borough codes prior
to issuance of rental operating license. All rental units shall be
inspected by the Building Inspector of the Borough for compliance
with the provisions of the Borough's Building Code, Fire Prevention
Code and Property Maintenance Code, Zoning Ordinance and other law
adopted by the Borough as is applicable. The Building Inspector shall
note any violations of the above and shall leave with the landlord
a copy of any notice of violation. Prior to entering any property,
the Building Inspector shall secure written consent from the landlord,
and in the event that written consent of the landlord is not given,
the Building Inspector shall secure an administrative search warrant
with the appropriate issuing authority.
[Amended 11-15-2016 by Ord. No.
624]
B.
Correcting violations. Prior to the issuance of renewal
of a rental operating license, all violations noted on the notice
of violation shall be corrected as required. No rental operating license
shall be issued or renewed until the Borough Building Inspector certifies
that every item on the notice of violation has been corrected.
C.
Expiration of inspections. Each inspection referenced in § 91-9A above shall be valid for three years from the date of inspection.
[Amended 11-20-2001 by Ord. No.
545; 11-15-2016 by Ord. No. 624]
D.
Timing for reapplication. Application to renew a rental
operating license shall be made at least 30 days prior to the expiration
date of the current license, and, when made fewer than 30 days before
the expiration date, the pendency of the application will not prevent
the expiration of the license.
E.
Landlords' duty to report change in tenants. Every landlord shall advise the Borough Secretary and the Borough Wage Tax Collector if there is any change in the tenants of any rental unit during the three-year term of the landlord's rental operating license. When there is a change in the tenants of any rental unit as referenced herein, the landlord shall schedule with the Building Inspector of the Borough an inspection as set forth in § 91-9A herein, at the landlord's cost, prior to the new tenant occupying said rental unit. The landlord may not rent the unit until either the inspection is completed and the unit has passed the inspection or the Borough Building Inspector certifies that every item on any notice of violation has been corrected.
[Added 11-20-2001 by Ord. No. 545; 11-15-2016 by Ord. No. 624]
[Amended 12-15-2009 by Ord. No. 586]
Borough Council shall annually, by resolution, establish and
set the cost and charges of a rental operating license and the cost
and charges for inspection of rental units.
[Amended 11-20-2001 by Ord. No. 545]
Any person who violates any of the provisions
of this chapter shall be subject to the immediate revocation of his
rental operating license and, upon conviction in summary proceeding,
be fined not less than $300, and, in default of the payment of the
fine and costs, each day on which a rental unit is operated without
a valid rental operating license shall constitute a separate offense.
Nothing contained herein shall be deemed to preclude the Borough to
seek other relief or avail itself of any remedy that may be at law
or in equity to prosecute past violations or to prevent continuing
violations of the terms of this chapter.
The Borough Manager shall file an exact copy
of this chapter with the Department of Community Affairs together
with the name, position and phone number of the Building Inspector
responsible for compliance with this chapter.
[Added 11-15-2016 by Ord. No.
624]
If an application for a license is denied or if an inspection
fails, the landlord has 20 days from such action to file an appeal
to the Heidelberg Rental License Appeal Board which shall consist
of members of the then-current Heidelberg Borough Zoning Hearing Board
and which hear said appeal within 30 days from receipt of the appeal
pursuant to the procedures set forth in the Commonwealth of Pennsylvania's
Local Agency Law, 2 Pa.C.S.A. 551, et seq. Council shall set from
time to time, via resolution, any fees associated with said appeal.
