Chapter 135 Housing Standards

§ 135-1 Purpose; history; short title; authority.

Editor's Note: This ordinance also repealed former Ch. 135, Housing Standards, adopted 9-28-2004 by Ord. No. 20-2004.

Purpose. It is the purpose of this chapter and the policy of the Borough of Kutztown, in order to protect the public health, safety and welfare of the citizens of the Borough of Kutztown, to establish standards governing the rights and obligations of owner and occupants relating to the letting of certain dwelling units in the Borough of Kutztown. It is also the policy of the Borough of Kutztown that owner and occupants share responsibility for obeying applicable laws adopted to protect and promote public health, safety and welfare, including, but not limited to, fire prevention and property maintenance codes. As a means to those ends, this chapter provides for a system of inspections and issuance and renewal of housing licenses, and sets penalties for violations. A substantial portion of the dwellings in the Borough of Kutztown are rental units and a large portion of the dwellings which are not owner-occupied are let to students attending Kutztown University. This chapter shall be liberally construed and applied to promote its purposes and policies.

History. This chapter is an amendment and partial reenactment of the previous Chapter 135, entitled "Housing Standards," of the Code of the Borough of Kutztown, which codified the enactment originally adopted as ordinance No. 15-1969 on November 11, 1969, as amended in its entirety by Ordinance No. 7-1988, and by subsequent amendments.

Short title. This chapter shall be cited as the "Housing Standards" of the Borough of Kutztown.

Authority. This chapter is enacted in accordance with the authority contained in the laws of the Commonwealth of Pennsylvania, including, but not limited to, Borough Code Sections 1202(6), 1202(21), 1202 (24) and 1202(74).[1]

Editor's Note: See 53 P.S. § 46202, Subsections (6), (21), (24) and (74).

§ 135-2 Definitions and word usage.

The following definitions shall apply in the interpretation and enforcement of this chapter:

AGENT

A person representing and acting on behalf of an owner.

APARTMENT

A dwelling unit occupied by one family and containing at least one bathroom and separate eating and cooking facilities with bath.

BOARDINGHOUSE

A one-family dwelling occupied by the owner thereof (and his family, if applicable), portions of which building the owner lets rooms for lodging.

CLOSED DCR

A closed DCR shall be a DCR as to which the owner or agent:

With respect to a Level 1 DCR, responds by complying with the procedures set forth in § 135-6E(3) of this chapter within 10 business days of receipt of a written notice of a Level 1 DCR.

DISRUPTIVE CONDUCT REPORT OR DCR

With respect to a Level 2 DCR, responds by complying with the procedures set forth in § 135-6E(4) of this chapter within 20 business days of receipt of a written notice of a Level 2 DCR, and the Code Enforcement Officer has made a determination that the remedial plan proposed by the owner or agent pursuant to § 135-6E(4) has been performed by the owner or agent in all material respects. The owner or agent may request the Code Enforcement Officer to make such determination at the time of approval of the remedial plan or at any time thereafter. An owner or agent shall not be deemed to have failed to substantially perform a remedial plan as a result of the refusal of any judicial authority to order the eviction of any occupant, so long as the owner or agent has diligently pursued any eviction proposed in the owner or agent's remedial plan by appropriate legal proceedings to the Court of Common Pleas.

CODE ENFORCEMENT OFFICER

Any person specifically designated as such by the Council of the Borough of Kutztown to enforce this chapter, and shall include the duly authorized representatives of said Code Enforcement Officer.

COMMON AREA

Any open area within a structure shared by occupants or that the occupants have the right to share, including, but not limited to, kitchens, bathrooms, living rooms, dining rooms, attics, basements and any room used for parties, social events or the congregation of people, excepting bedrooms.

DISRUPTIVE CONDUCT

Any form of conduct, action, incident or behavior perpetrated, caused or permitted by any occupant or visitor of a regulated unit that is so loud, untimely (as to hour of the day), offensive, riotous or that otherwise disturbs other persons of reasonable sensibility in their peaceful enjoyment of their premises such that a report is made to police and/or to the Code Enforcement Officer complaining of such conduct, action, incident or behavior. It is not necessary that such conduct, action, incident or behavior constitutes a criminal offense, nor that criminal charges be filed against any person in order for a 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 the Code Enforcement Officer or police shall investigate and make a determination that such did occur, and keep written records, including a disruptive conduct report, of such occurrence.

A Level 1 DCR and/or a Level 2 DCR, as the context may require.

DISRUPTIVE CONDUCT REPORT LEVEL 1 OR LEVEL 1 DCR

A written report of disruptive conduct on a form to be prescribed therefor, in accordance with § 135-5 of this chapter, to be completed by the Code Enforcement Officer or police officer, as the case may be, who actually investigates an alleged incident of disruptive conduct and which shall be maintained by the Code Enforcement Officer. Disruptive conduct reports shall be separate from any other action taken by the police and shall be considered public documents. A DCR shall be deemed a Level 1 DCR when no criminal citation or prosecution is issued in response to the disruptive conduct and other legal action in the judicial system is not pursued by the Borough Police Department or Code Enforcement Officer.

DISRUPTIVE CONDUCT REPORT LEVEL 2 OR LEVEL 2 DCR

A written report of disruptive conduct on a form to be prescribed therefor, in accordance with § 135-5 of this chapter, to be completed by the police officer who actually investigates an alleged incident of disruptive conduct and which shall be maintained by the Code Enforcement Officer. A DCR shall be deemed a Level 2 DCR when the disruptive conduct results in the issuance of an actual criminal citation, a criminal offense is actually charged or other legal action is pursued in the judicial system by the police or Code Enforcement Officer. A Level 2 DCR may also be issued by the Code Enforcement Officer as provided in §§ 135-7C and 135-6E(3) of this chapter. Level 2 DCR's shall be those DCR's in which owner and occupants shall accrue penalties, if applicable, under this chapter.

DWELLING

Any building or structure (except temporary housing) which is wholly or partly used or intended to be used for living or sleeping by human occupants.

DWELLING UNIT

Any group of rooms located within a dwelling and forming a single habitable unit with facilities which are used or intended to be used for living or sleeping.

FAMILY

As used in this chapter, the term "family" shall be defined as:

One or more persons related by blood, marriage, adoption or other decree of legal custody living together as a single housekeeping unit and using cooking facilities and certain rooms in common;

Not more than three persons unrelated, as set forth in Subsection (1) above, living together as a single housekeeping unit and using cooking facilities and certain rooms in common; provided, however, that no related dependent of such unrelated persons shall be counted in determining the number of unrelated persons living together; or

HOUSING LICENSE APPEALS BOARD

More than three unrelated handicapped persons living permanently together as a single housekeeping unit and using cooking facilities and certain rooms in common; provided, however, that such persons shall be under the supervision of a nonhandicapped resident of the dwelling and provided, further, that the dwelling is owned and operated by a Pennsylvania nonprofit corporation.

FORMAL WARNING

The warning described in § 135-10C(1) of this chapter.

GUEST

A person on the premises with actual or implied consent of an occupant, who is not an occupant.

HOUSING LICENSE

The license issued to the owner or agent of regulated units under this chapter, which is required for the lawful letting and occupancy of regulated units.

The Housing License Appeals Board established pursuant to Article II of Chapter 12 of the Code of the Borough of Kutztown.

LET, LETTING, LEASE, RENT, RENTING, RENTAL OR WORDS OF SIMILAR MEANING

The act of permitting a unit to be used to provide a living arrangement for one or more persons not the owner-of-record thereof, whether or not for compensation.

[Amended 4-17-2007 by Ord. No. 5-2007]

LICENSE YEAR

As used in this chapter, the term "license year" shall mean August 1 of any year through July 31 of the succeeding year.

MULTIPLE DWELLING

Any dwelling containing two or more dwelling units.

NONRENEWAL

The nonrenewal described in § 135-10C(2) of this chapter.

OCCUPANT

Any person over one year of age living, sleeping, cooking or eating in a unit.

OPEN DCR

A DCR which has been issued and has not become a closed DCR.

OWNER

Any person who, individually, jointly or severally with others, shall have legal or equitable title to or have any other legal or beneficial interest in any unit, whether or not such person occupies the unit or any part thereof.

PERFORMANCE CODES

All codes of the Borough of Kutztown, and specifically: Chapter 136 of the Code of the Borough of Kutztown, entitled "Property Maintenance," adopting the International Property Maintenance Code of 2003, as such chapter is amended from time to time; Chapter 225 of the Code of the Borough of Kutztown, entitled "Zoning," as such chapter is amended from time to time; Chapter 185 of the Code of the Borough of Kutztown, entitled "Solid Waste," and Chapter 119 of the Code of the Borough of Kutztown, entitled "Fire Prevention," as such chapters are amended from time to time.

PERSON

Includes any individual, firm, corporation, company, association, partnership, trust, agent or other entity. When referring to occupancy or maximum dwelling unit occupancy pursuant to this chapter, person shall refer only to an individual.

POLICE

The Police Department of the Borough of Kutztown, established pursuant to Chapter 38 of the Code of the Borough of Kutztown, or any properly authorized member or officer thereof or any other law enforcement agency having jurisdiction within the Borough of Kutztown.

PREMISES

Any lot, tract or parcel of real property in the Borough of Kutztown, including the land and all buildings and appurtenant structures or appurtenant elements, on which one or more regulated units are located.

REASONABLE NOTICE

In the case of nonemergency notice, five business days' advance notice by United States first class mail. Reasonable notice in emergency situations shall be determined in accordance with § 135-9C of this chapter.

REGULATED UNIT

Any unit subject to regulation under this chapter.

REMEDIAL PLAN

The plan required to be filed by the owner or agent pursuant to § 135-6E(4) of this chapter.

RENTED ROOM

A room which is let and which is occupied by persons who share certain facilities in common with the owner and/or with other occupants of the dwelling, boardinghouse, rooming house or multiple dwelling in which the let housing is located.

RESPONSIBLE PARTY

Any parent of, legal guardian of or other adult legally responsible for any minor individual (under 18 years of age) who would be considered an occupant for purposes of this chapter. All minor occupants shall provide the name of the responsible party to the owner or agent of the regulated unit at the time of the entry into a particular lease or rental agreement, and the owner or agent shall provide this information to the Borough.

REVOCATION

The revocation described in § 135-10C(4) of this chapter.

ROOMING HOUSE

A building, other than a fraternity house, sorority house, hotel or a motel, in which building the owner provides rooms for lodging of individuals.

ROOMING UNIT

Any room or group of rooms located within a rooming house forming a single habitable unit used or intended to be used for living or sleeping purposes.

SUSPENSION

The suspension described in § 135-10C(3) of this chapter.

UNIT

Any apartment, rented room, rooming unit, boardinghouse, rooming house, multiple dwelling or other dwelling unit or dwelling, or any room or portion thereof that is offered for let.

Word usage.

Whenever the words "dwelling," "dwelling unit," "multiple dwelling," "boardinghouse," "rented room," "rooming house," "rooming unit," "apartment," "regulated unit," "unit," and "premises" are used in this chapter, they shall be construed as though they were followed by the words "or any part thereof."

Tense, gender and number. Words used in the present tense include the future; words used in the masculine gender include the feminine and the neuter; the singular number includes the plural, and the plural the singular.

§ 135-3 Housing licenses.

Application.

No person shall operate or let to another for occupancy any unit, unless such person shall first apply for and obtain annually a housing license issued by the Code Enforcement Officer.

No housing license shall be issued or renewed unless such applicant designates in writing to the Code Enforcement Officer the name of said owner's agent for the receipt of service of notice of violation of the provisions of this chapter and for service of process pursuant to the provisions of this chapter and accurately and truthfully provides all of the information required by § 135-5 and Subsections A, B, C and D of § 135-6 of this chapter.

This chapter shall not apply to a unit which is let during any license year for one or more periods of time, provided no such period exceeds 10 continuous days.

Housing licenses shall be issued for the period of one license year. Upon expiration of any housing license, a new housing license shall be required for a further period of one license year.

The Borough Code Enforcement Officer shall allow owner or agents who are required to obtain housing licenses under this chapter to obtain such new housing licenses for 1/2 of the fee for the prescribed housing license when the application is received by the Borough Code Enforcement Officer on or after February 1 of any year. Housing licenses for less than the full license year will not be issued at the beginning of a license year. All housing licenses shall have as their termination date the 31st day of July next occurring.

Every housing license issued under this chapter shall be maintained in the regulated unit and shall be posted in a conspicuous location in the entryway of every licensed regulated unit in such a way so as to minimize tampering and removal and in such a way that it may be seen at all times.

For the purpose of determining the number of units or rooms and the maximum number of occupants of a regulated unit to be included in a housing license, the following shall apply:

Any apartment or room occupied as a dwelling unit by the owner of a boardinghouse shall be excluded from the total number of units or rooms.

All buildings which are owned by the same person and which are under the same roof or connected by breezeways, passageways or similar connecting facilities or which are constructed upon contiguous sites and operated and managed as one complex of units may be combined to determine the total number of units or rooms.

Each housing license issued shall set forth the maximum number of occupants permitted to occupy the regulated unit, determined by reference to and in accordance with the Performance Codes.

Housing licenses shall not be transferable in the event of a change in ownership of the regulated unit.

Housing permits or licenses previously issued and applications previously filed under the previous enactment of Chapter 135 of the Code of the Borough of Kutztown are not invalidated by the provisions of this chapter and shall be treated as if the same had been issued or filed under this chapter.

No housing license shall be issued until the regulated unit and the premises upon which the regulated unit is located have been inspected by the Code Enforcement Officer and the regulated unit and the proposed use thereof have been found to be in compliance with the Performance Codes; provided, however, that no inspection shall be required prior to the issuance of a housing license, the application for which is made by the owner of the regulated unit within 90 days after becoming the owner of the premises and so long as there is not outstanding in the records of the Code Enforcement Officer any unresolved violations or inspection requests pertaining to the regulated unit. If any deficiencies as set forth under Chapter 136 of the Code of the Borough of Kutztown, entitled "Property Maintenance," are detected during inspection, no housing license shall be issued until all such deficiencies are corrected, as confirmed by subsequent inspections by the Code Enforcement Officer.

§ 135-4 Fees.

The Borough Council of the Borough of Kutztown may, by resolution, adopt from time to time fees and charges applicable to this chapter, for inclusion as part of Chapter A231 of the Code of the Borough of Kutztown. Such fees and charges may include, but are not limited to, the following:

The amount of the annual fee for a license year to be paid at the time of filing of an application for a housing license pursuant to § 135-3 of this chapter.

Any owner or agent who fails to renew an expired housing license within 10 days after the expiration date of the housing license shall, in addition to the fines provided for in § 135-10A and B of this chapter, be subject to a fee of $25 for each and every additional ten-day period or part thereof during which the expired housing license is not renewed and the regulated unit continues to be used for purposes subject to regulation under this chapter.

Fees to be imposed for failure to permit an inspection at a time agreed upon in advance by the owner or agent and the Code Enforcement Officer and confirmed in writing by the Code Enforcement Officer.

Such other fees and charges as are deemed to be necessary or appropriate.

No fee shall be required in connection with the issuance of a housing license in the following circumstances:

When the owner or agent is the United States government, the Commonwealth of Pennsylvania, the Borough of Kutztown or any agency thereof.

When the owner or agent is a nonindividual person organized and operated exclusively for religious, charitable and/or educational purposes, and provided further, that no part of the net earnings or profits of any such nonindividual person shall inure to the benefit of any officer, director, shareholder, partner, trustee, beneficiary or principal thereof or to any other person, other than solely for charitable purposes.

Every owner or agent thereof who rents or leases a regulated unit, as defined in this chapter, to the mother, father or child of the owner shall be exempt from the payment of the housing license fee, if the owner of the regulated unit is primarily responsible for the care of the tenant occupying the regulated unit, said tenant being the owner’s mother, father or child, and said tenant suffers from some infirmity, mental handicap or disability which is the proximate reason for the owner’s responsibility for the tenant. This exemption shall not apply to a dependent child attending an institution of post-high school education and residing in a regulated unit owned by his or her parent.

[Added 9-16-2008 by Ord. No. 11-2008]

An owner of a regulated unit desiring such an exemption shall make application to the Code Enforcement Officer of the Borough of Kutztown for said exemption. The owner shall provide a brief explanation of the tenant’s relationship to the owner and the tenant’s infirmity, mental health issue or disability to the Code Enforcement Officer.

§ 135-5 Adoption of rules and regulations.

In the event that the Code Enforcement Officer denies the owner or agent’s request for an exemption pursuant to this section, the owner or agent thereof may appeal the Code Enforcement Officer’s ruling to the Housing License Appeals Board.

The housing license fee exemptions contained in Subsection B above shall, nevertheless, not exempt such owner or agents from compliance with this chapter and the Performance Codes and all other applicable rules and regulations issued in connection with it, unless specifically otherwise exempted herein.

The Code Enforcement Officer shall administer and enforce the provisions of this chapter and may propose rules, regulations and forms necessary for its administration. Such rules, regulations and forms shall not be in conflict with this chapter or any other chapters and shall be submitted to the Council of the Borough of Kutztown for approval by resolution. If the rules, regulations and forms so submitted to Council are approved by Council, the same shall be filed in the office of the Code Enforcement Officer of the Borough of Kutztown and in the office of the Secretary of the Borough of Kutztown. Such rules, regulations and forms as may be adopted shall then be deemed to be a part of this chapter and to have the same effect as this chapter.[1]

§ 135-6 Responsibilities of owner and agents.

Editor's Note: Said forms, as adopted by Res. No. 20-2005, are on file in the Borough offices.

Whosoever, as owner or agent, lets or holds out to let any unit subject to the provisions of this chapter shall supply the Code Enforcement Officer with the following information:

The street address and mailing address (if different from the street address) of each such unit.

The number of units for let in any dwelling, rooming house or boardinghouse, which number shall in no event exceed the number of such units provided for on the housing license issued to the owner or agent on behalf of the owner.

The name of each person occupying each such unit.

The period of time for which the unit is let.

Such information shall be supplied to the Code Enforcement Officer annually in writing, in such form as may be prescribed in accordance with § 135-5 of this chapter. Such information pertaining to any unit shall also be supplied in writing to the Code Enforcement Officer, in such form as may be prescribed in accordance with § 135-9 of this chapter, within 10 days after the occupancy of any such unit changes.

The owner of any unit required to obtain a housing license pursuant to the requirements of this chapter shall designate a person to serve as the owner's agent. The owner or agent shall be legally responsible for operating each unit in compliance with all provisions of this chapter and the Performance Codes, the housing license issued relating to the maximum number of persons that may occupy such regulated unit and all other provisions of this chapter. The agent shall reside either within such premises where the regulated unit is located or within a five-mile radius thereof. The owner of the regulated unit may also serve as the agent if such owner resides within the premises where the regulated unit is located or within a five-mile radius of the territorial boundary of the Borough of Kutztown or if such owner resides more than five miles from the territorial boundary of the Borough of Kutztown but has a place of business within the Borough of Kutztown and is present at the place of business during normal business hours. For purposes of this section, "normal business hours" shall mean the period of time commencing at 9:00 a.m. and continuing through and including 5:00 p.m., prevailing time, Monday through Friday, except legal holidays, throughout the calendar year. In the absence of the owner, the agent shall be responsible for providing access to such regulated unit so as to permit the Code Enforcement Officer to make inspections thereof. The agent shall be an individual not less than 18 years of age. The name, address and phone numbers of the owner or agent shall be posted in a conspicuous place within the regulated unit.

The owner of any regulated unit shall, within 10 days of becoming such owner and thereafter annually, furnish in writing the following information to the occupants and to the Code Enforcement Officer:

The name, home and business addresses and home and business phone numbers of each owner.

The name, home and business addresses and home and business phone numbers of the agent.

Regulation of occupant conduct and activities.

The owner or agent of any regulated unit shall be responsible for assuring that the conduct and activities of the occupants of every regulated unit which the owner or agent owns in the Borough of Kutztown, which conduct or activity takes place at such regulated unit or its premises, is in compliance with this chapter. In order to achieve those ends, every owner or agent of a regulated unit shall take appropriate contractual and enforcement action to cause the conduct and activities of the occupants thereof to comply with this chapter.

Where an owner or agent does not manage the use of common areas of the premises and the behavior of occupants and guests in the common areas by appropriate contractual and enforcement action, the owner or agent shall be directly responsible for the behavior of occupants and guests in common areas of the premises as if the owner or agent were an occupant.

Within 10 business days after the receipt of written notice from the Code Enforcement Officer that a Level 1 DCR has been issued as a result of an occupant of a regulated unit having violated a provision of this chapter, the owner or agent shall notify the occupants of the regulated unit of the issuance of the Level 1 DCR and its contents, utilizing a form letter provided with such written notice, such form letter to be in such form as is approved in accordance with § 135-5 of this chapter. A copy of such form letter issued by the owner or agent to the occupants shall be delivered to the Code Enforcement Officer within such 10 business day period. Failure by the owner or agent to comply with the foregoing provisions of this § 135-6E(3) shall constitute sufficient grounds for the issuance to the owner or agent by the Code Enforcement Officer of a Level 2 DCR.

Remedial plan.

Within 20 business days after the receipt of a written notice from the Code Enforcement Officer that a Level 2 DCR has been issued as a result of an occupant or owner or agent of a regulated unit having violated a provision of this chapter, the owner or agent shall file with the Code Enforcement Officer a remedial plan, on such form as is approved in accordance with § 135-5 of this chapter, which shall, at a minimum, state the following:

Set forth what action the owner or agent has taken to remedy the violation;

[2]

What steps the owner or agent has taken to prevent a reoccurrence of the violation; and

[3]

Set forth specific steps the owner or agent will take in the future if the violation reoccurs.

The Code Enforcement Officer shall review the report, and, if the Code Enforcement Officer determines that adequate steps have been taken or are proposed to be taken and the remedial plan is adequate to address future violations, the Code Enforcement Officer shall, within 10 business days after receipt of the remedial plan, approve the remedial plan or reject the remedial plan and issue written notice thereof to the owner or agent. The owner or agent shall, on his or her initiative, enforce the remedial plan. Failure to enforce the remedial plan diligently shall be a violation of this chapter. If the Code Enforcement Officer determines that the remedial plan should not be approved and rejects the remedial plan, written notice thereof shall be issued to the owner or agent, and within 10 business days of receiving such notice the owner or agent shall refile a remedial plan which addresses the deficiencies found by the Code Enforcement Officer. The owner or agent may appeal the Code Enforcement Officer's rejection of the remedial plan to the Housing License Appeals Board.

(5)

This section shall not be construed as diminishing or relieving, in any way, the responsibility of the occupants, responsible parties and/or their guests for their conduct or activity, nor shall it be construed as an assignment, transfer or projection over or onto any owner or agent of any responsibility of the occupants, any responsible parties or their guests for their conduct or activity, nor shall it be construed as an assignment, transfer or projection over or onto any owner or agent of any responsibility or liability which occupants or their guests may have as a result of their conduct or activity under any private cause of action, civil or criminal enforcement proceeding or criminal law; nor shall this section be construed so as to require an owner or agent to indemnify or defend the occupants, any responsible party or their guests when any such action or proceeding is brought against the occupant based upon the occupant's conduct or activity, nor to, in and of itself, impose any liability for negligence based upon any act or omission of the owner or agent. Nothing herein is intended to impose any additional civil/criminal liability upon owner or agent other than that which is imposed by other laws or judicial decisions or that which is imposed by this chapter. This section is not intended to, nor shall its effect be, to limit any other enforcement remedies which may be available to the Borough of Kutztown against an owner or agent, occupant or guest thereof.

Agreements for regulated units. Regulated units shall only be let pursuant to an agreement or lease.

All rental agreements and/or leases for the Rental of regulated units shall be in writing and shall be supplemented with the addendum attached hereto as Appendix A.[1] No oral agreements or leases and no oral modifications of agreements or leases are permitted. All information required to be given to occupants and responsible parties by the owner or agent, pursuant to this chapter and/or the Pennsylvania Landlord and Tenant Act,[2] shall be furnished before the signing of the agreement or lease. The owner or agent shall provide the occupant and responsible party with copies of the rental agreement or lease and addendum upon execution. Appendix A shall not be submitted to the Borough of Kutztown unless requested pursuant to § 135-6(F)(4) hereinbelow.

Editor's Note: Appendix A is included at the end of this chapter.

[2]

Editor's Note: See 68 P.S. § 250.101 et seq.

The owner or agent and the occupant may include in a lease or rental agreement terms and conditions not prohibited by this chapter or other applicable ordinances, regulations and laws, including compensation, if applicable, term of the lease or rental agreement and other provisions governing the rights and obligations of the parties. Except as otherwise provided for in this chapter, no lease or rental agreement may provide that the occupant or owner agrees to waive or forego rights or remedies provided under this chapter. Any provision prohibited by this § 135-6F included in a lease or rental agreement shall be void and unenforceable.

Commencing with the effective date of this chapter, this chapter shall be available for purchase in the Borough Code Office and may be made available by other appropriate means, such as electronically at the Borough's website. Where a rental agreement or lease has been entered into prior to the effective date of this chapter, the owner or agent shall make the occupant aware of this chapter within 60 days thereafter.

§ 135-7 Responsibilities of occupants; disruptive conduct.

The owner or agent shall secure a written acknowledgement from the occupant at the time of signing the rental agreement or lease that the occupant has received the information required by this chapter on a form approved in accordance with § 135-5 of this chapter and which shall contain an acknowledgement of receipt of the information by the occupant and any responsible party. Upon request by the Code Enforcement Officer, the owner or agent, within 10 business days of the request, shall furnish to the Code Enforcement Officer copies of said acknowledgement and/or copies of the rental agreement(s) or lease(s) the owner or agent has entered into for regulated units.

The owner or agent shall ensure that the regulated unit and the premises upon which the regulated unit is located comply at all times with the Performance Codes.

The owner or agent shall reply promptly to reasonable complaints and inquiries from occupants.

The owner or agent shall comply with all provisions of the Landlord and Tenant Act of the Commonwealth of Pennsylvania.

All notices served upon the owner or agent by the Code Enforcement Officer or the Housing License Appeals Board shall be conspicuously posted by the owner or agent within the unit to which the notice applies.

Peaceful enjoyment. The occupants of a regulated unit shall each conduct themselves and require other persons, including, but not limited to, guests on the premises and within the regulated unit with the occupant's consent and consistent with agreements and leases in effect, 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 premises by the persons occupying the same.

Illegal activities. The occupant shall not engage in, nor tolerate nor permit others on the premises to engage in, any conduct declared illegal under the Pennsylvania Crimes Code (18 Pa. C.S.A. § 101 et seq.) or Liquor Code (47 P.S. § 1-101 et seq.) or the Controlled Substance, Drug, Device and Cosmetic Act (35 P.S. § 780-101 et seq.).

Disruptive conduct. It shall be a violation of this chapter for any occupant or any other person to engage in disruptive conduct, as defined in this chapter, on the premises of a regulated unit. When police or the Code Enforcement Officer investigate an alleged incident of disruptive conduct occurring in or about a regulated unit, the investigating officer shall complete a disruptive conduct report upon a finding that the reported incident did, in his or her judgment, constitute disruptive conduct as defined in this chapter. Each disruptive conduct report shall be conspicuously marked by the investigating officer to indicate whether it is a Level 1 DCR or a Level 2 DCR. The information filled in on said report shall include, to the extent possible, the identity or identities of the alleged perpetrator(s) of the disruptive conduct and all other obtainable information, including the factual basis for the disruptive conduct, as requested on the prescribed form. Where the police make such investigation, said police officer shall then submit the completed disruptive conduct report to the Code Enforcement Officer. A Level 2 DCR may also be issued by the Code Enforcement Officer for the reasons set forth in § 135-6E(3) of this chapter. In all cases, the Code Enforcement Officer shall mail a copy of the disruptive conduct report to the owner or agent of the regulated unit in question within five business days of the occurrence of the allege disruptive conduct, notwithstanding whether the person making the investigation on behalf of the Borough of Kutztown is the Code Enforcement Officer or the police. The Code Enforcement Officer may also mail a copy of the disruptive conduct report to other appropriate parties.

In addition to all obligations imposed upon occupants by this chapter, occupants of regulated units shall comply with all other applicable codes and ordinances of the Borough of Kutztown and all other applicable laws of the Commonwealth of Pennsylvania and the United States of America.

The occupant of a regulated unit shall comply with all lawful provisions of the rental agreement and/or lease entered into between owner or agent and occupant.

The occupant of a regulated unit shall not intentionally cause, nor permit nor tolerate others to cause, damage to the premises. Conduct which results in damages to a property may be considered a violation of this chapter and the Performance Codes and may be subject to a disruptive conduct report.

The occupant of a regulated unit shall permit inspections of the premises by the Code Enforcement Officer at reasonable times and upon reasonable notice.

It shall be a violation of this chapter for any person to remove or deface any notice, placard or document required to be posted within a regulated unit, and it shall be unlawful for any person to occupy the regulated unit unless all notices, placards and documents are posted as required by this chapter.

§ 135-8 Inspections.

The Code Enforcement Officer is authorized and directed to make inspections to determine the occupancy, use and/or compliance with the Code of the Borough of Kutztown of any unit, and the premises thereof, located within the Borough of Kutztown in order to safeguard the health and safety of the occupants thereof and the general public. The Code Enforcement Officer is further authorized to enter for the purposes of examining and surveying all areas of any such unit with reasonable notice and at reasonable times, which shall be deemed to be between 8:00 a.m. and 10:00 p.m. prevailing time. Every owner or agent or occupant of any such unit shall extend the Code Enforcement Officer access to such unit for the purpose of making any inspection, examination or survey thereof.

In the event that permission to enter any such unit for the purpose of inspection is denied, the Code Enforcement Officer, upon showing of probable cause that a violation of this chapter, any other provision of the Code of the Borough of Kutztown, or any other ordinance of the Borough of Kutztown has occurred, or that any order, notice, rule or regulation issued or made in connection therewith has been violated, may apply to the appropriate authority for a search warrant to enter and inspect the premises.

A warrant shall not be required when entry is by permission or at the request of the occupant.

§ 135-9 Enforcement; service of notices and orders; appeals.

Whenever the Code Enforcement Officer believes, or has cause to believe, that there is a violation of the provisions of this chapter or any rule or regulation adopted pursuant to it, including by virtue of the issuance of a DCR, the Code Enforcement Officer shall give notice of the violation. Such notice shall:

Be in writing and shall state the place and manner of the violation, including the address of the specific regulated unit in question.

State the nature or condition of the violation.

State the determination of the investigating officer with respect to the violation, including a conspicuous statement that a DCR is either a Level 1 DCR or a Level 2 DCR.

State the name of the person who he deems responsible therefor, together with name of the owner of the premises involved and any agent for the owner.

(5)

State the date of the notice and the number of days allowed for compliance with it.

(6)

Be served upon the owner or agent of the premises involved, any relevant responsible party appearing in the records of the Code Enforcement Officer, and all other persons, if any, named in the notice pursuant to Subsection A(4) of this section, and any notice served upon the owner or agent and such other person or persons, if any, personally or by certified or registered mail, return receipt requested, sent to the last known address of such owner or agent and such other person or persons, if any, and by posting the same in a conspicuous place in or about the premises affected by the notice, shall be deemed to have been properly served.

(7)

The notice may, in addition, contain any other pertinent data, information or statements which the Code Enforcement Officer deems appropriate.

Any person affected by a notice of violation, determination or order issued by the Code Enforcement Officer or affected by any rule or regulation adopted pursuant to this chapter (except the establishment of fees pursuant to § 135-4 of this chapter) may appeal said notice, determination, order, rule or regulation to the Housing License Appeals Board. The timing, form and substance of such appeal shall be in compliance with the requirements of Article II of Chapter 12 of the Code of the Borough of Kutztown. The filing of such appeal shall not serve as a supersedeas, except in the case of appeals of enforcement or disciplinary action pursuant to § 135-10C(3) and (4) of this chapter.

Whenever the Code Enforcement Officer determines that an emergency condition exists as a result of a violation of this chapter which requires immediate action to protect public health and/or safety, he may issue an order declaring the existence of such emergency and requiring action to be taken to remedy such emergency. Such emergency order shall be effective immediately upon issuance. Any person to whom such order is directed shall comply therewith immediately. However, such person may file an appeal to the Housing License Appeals Board as hereinabove provided for in § 135-9B of this chapter, but such appeal shall not serve as a supersedeas to the Code Enforcement Officer's emergency order.

Notwithstanding the requirements of § 135-9A of this chapter, if the Code Enforcement Officer determines or has reason to believe that a violation of this chapter exists concerning the health, safety, welfare or occupancy of the premises, he may proceed, without giving the notice provided for in § 135-9A of this chapter, to cause a citation to be issued to the owner or agent and, in the case of violations involving occupancy as more particularly set forth in § 135-6E of this chapter, to the agent of the unit which the Code Enforcement Officer determines or has information to reasonably believe is in violation of the provisions of this chapter or any rule or regulation adopted pursuant to it.

The housing license required by this chapter, when issued to the owner or agent on behalf of the owner of a unit, shall constitute notice to such owner or agent of the maximum number of persons that may lawfully occupy the unit and the residential uses therefor.

Any owner or agent who, upon receipt of a housing license, disputes the use and/or maximum occupancy listed thereon, may request in writing a meeting concerning such use and/or occupancy with the Code Enforcement Officer, such request to be filed within 10 business days after receipt of the housing license. If the dispute cannot be resolved in the aforesaid meeting with the Code Enforcement Officer, the owner or agent may appeal to the Housing License Appeals Board as provided for in Article II of Chapter 12 of the Code of the Borough of Kutztown, in which case such appeal period shall commence on the day of such meeting; provided, however, that any appeal of any aspect of a housing license which sets forth a determination pursuant to Chapter 225, entitled "Zoning," of the Code of the Borough of Kutztown, shall be appealed in the manner set forth in said Chapter 225.

§ 135-10 Violations and penalties.

Any person who violates or fails to comply with any of the provisions of this chapter or any order, notice, rule or regulation issued or made in connection herewith shall, upon conviction thereof, pay a fine of not less than $50 nor more than $1,000 and, in default of the payment thereof, shall undergo imprisonment in the Berks County Prison for a period not exceeding 30 days.

Every violation of this chapter shall constitute a separate offense, and each day such violation exists shall constitute a separate offense. In the event that any regulated unit is occupied by more than the maximum number of persons allowed by and listed on the housing license issued in accordance with § 135-3 of this chapter, then each day of occupancy by each such person in excess of such maximum number of occupants shall constitute a separate offense under this chapter. It shall be a violation of this chapter to let a unit subject to regulation under this chapter after nonrenewal, suspension and/or revocation of a housing license pursuant to § 135-10C through F of this chapter.

Disciplinary actions. Subject to the procedure set forth in § 135-9A of this chapter, the Code Enforcement Officer may initiate the disciplinary actions set forth in this § 135-10C against an owner or agent with respect to a regulated unit for any of the reasons set forth in § 135-10D of this chapter:

Formal warning: the formal written notification of at least one violation of this chapter. Upon satisfactory compliance with this chapter and any conditions imposed by the Code Enforcement Officer and/or the Housing License Appeals Board, formal warnings shall be removed when the owner applies for housing license renewal when required by this chapter.

Nonrenewal: the denial of the privilege to apply for housing license renewal for a regulated unit after expiration of the license term. The owner shall be permitted to maintain occupants in the regulated unit in question until the end of the current license term but the Code Enforcement Officer shall not accept applications for renewal of the housing license until the expiration of the time set by the Housing License Appeals Board.

Suspension: the immediate loss of the privilege to let the regulated unit for a period of time set by the Code Enforcement Officer or the Housing License Appeals Board. The Code Enforcement Officer may suspend only until the matter can be scheduled for the next possible Housing License Appeals Board meeting, at which meeting the Housing License Appeals Board shall consider the propriety of the suspension and set the period of time for its duration, if it is to be continued. The owner or agent, after the expiration of the suspension period, may apply for housing license renewal for the regulated unit without the need to show cause why the owner or agent's privilege to apply for an housing license should be reinstated. Upon suspension, the owner or agent shall take immediate steps to evict the occupants of the regulated unit in question.

Revocation: The immediate loss of the privilege to let the regulated unit for a period of time set by the Code Enforcement Officer or the Housing License Appeals Board and the loss of the privilege to apply for renewal of the housing license at the expiration of said time period. The Code Enforcement Officer may revoke only until the matter can be scheduled for the next possible Housing License Appeals Board meeting, at which meeting the Housing License Appeals Board shall consider the propriety of the revocation and set the period of time for its duration, if it is to be continued. Upon the loss of the privilege to let, the owner or agent shall take immediate steps to evict the occupants of the regulated unit in question.

Grounds for imposing discipline.

Actions subject to discipline.

Any of the following may subject an owner to discipline as provided for in § 135-10C:

Failure to abate a violation of the Performance Codes and/or this chapter applicable to the premises within the time directed by the Code Enforcement Officer.

[2]

Refusal to permit the inspection of the premises by the Code Enforcement Officer as required by this chapter.

[3]

Failure to take such actions as may be required or necessary to cause any open DCR to be deemed a closed DCR by the Code Enforcement Officer by the end of the license year in which the DCR was issued, including, but not limited to, failure to respond to notice of a DCR or failure to perform an approved remedial plan in any material respect. Such failure occurring with respect to one or more open DCRs in each of two license years, when at least two of such open DCRs were issued within a period of 60 months, shall without more, constitute sufficient grounds for nonrenewal as of the commencement of a license year and/or for suspension or revocation. If a DCR is received within the last 20 business days of the license year, the owner shall have 20 business days from the date of receipt of the notice of the issuance of DCR to cause the Open DCR to be deemed a closed DCR, regardless of the date of the end of the license year.

[4]

Failure to remedy and prevent further violations of this chapter, other than with respect to disruptive conduct.

For purposes of this subsection, there need be no criminal conviction before a violation can be found to exist.

No discipline involving nonrenewal, suspension and/or revocation shall be permitted unless the discipline has been preceded by the issuance of a formal warning involving the same grounds for discipline at least 10 days prior to the taking of the new disciplinary action. A formal warning shall be issued when there exists one or more open DCRs in each of two license years and at least two of such open DCRs were issued within a period of 60 months.

Criteria for application of discipline.

With respect to the issuance of a Level 2 DCR, the Code Enforcement Officer, when considering which of the discipline options to utilize as set forth in this section, and the Housing License Appeals Board, when deciding any discipline matter under this section, shall consider the following:

The effect of the violation on the health, safety and welfare of the occupants of the regulated unit and other residents of the premises.

The effect of the violation on the neighborhood.

(c)

Whether the owner has a record of prior violations of this chapter and other ordinances of the Borough of Kutztown or has received notices of violations as provided for in this chapter, whether or not related to the regulated units in question. In this regard, no closed DCR (and any enforcement actions related thereto) shall be considered.

(d)

Whether the owner has been subject to prior discipline under this chapter. In this regard, no closed DCR (and any enforcement actions related thereto) shall be considered. The prior issuance of a formal warning in connection with the open DCR shall be considered.

(e)

The effect of disciplinary action on the occupants.

(f)

The action taken by the owner or agent to remedy the violation and to prevent future violations, including any approved remedial plan submitted by the owner or agent in response to a Level 2 DCR with respect to any open DCR.

(g)

The suitability of the policies and rental agreement or lease terms employed by the owner or agent to manage the regulated unit to enable the owner or agent to comply with the provisions of this chapter.

(h)

When an open Level 2 DCR is under consideration, the nature of the associated criminal enforcement and/or other legal actions, the nature of the owner's violations of this chapter and the degree of the owner's unresponsiveness.

In addition to applying discipline as set forth in this section relating to a Level 2 DCR, the Code Enforcement Officer may recommend and the Housing License Appeals Board may impose upon the existing license [or subsequent license(s) with respect to the Performance Codes] reasonable conditions related to the regulated unit in question for the purpose of fulfilling the goals of this chapter.

Procedure for formal warning, Nonrenewal, suspension or revocation of license.

Following a determination that grounds exist for a formal warning or for nonrenewal, suspension or revocation of a housing license, the Code Enforcement Officer shall notify the owner or agent of the action to be taken and the reason therefor. Such notification shall be in writing, addressed to the owner or agent, and shall contain the following information:

The address and identification of the particular regulated unit(s) affected.

A description of the violation which has been found to exist.

(c)

A statement that the owner or agent will receive a formal warning, or that the housing license for the affected regulated unit(s) will be subject to suspension or revocation or nonrenewal for the next license year beginning August 1. In the case of a suspension or revocation, the notice shall state the date upon which such suspension or revocation will commence, and in the case of a suspension the notice shall also state the duration of the suspension.

(d)

A statement that, due to the nonrenewal, suspension or revocation (as the case may be) of the housing license, the owner or agent or any person acting on the owner's behalf is prohibited from letting or permitting occupancy of the affected regulated unit(s) from and during the period said disciplinary action is in effect.

(e)

A statement informing the owner or agent of the owner's right to appeal the decision to issue a formal warning or to subject the housing license in question to suspension, revocation or nonrenewal to the Housing License Appeals Board, as provided in this chapter.

The procedures applicable to this § 135-10F shall be the same those of § 135-9A of this chapter, excepting § 135-9A(1) and (2).

In addition to any other remedy, discipline or enforcement action provided for in this chapter, the Borough of Kutztown may enforce this chapter by pursuing a civil action, including an action in equity or other equitable injunctive relief, including therewith:

The decision by the Borough of Kutztown to pursue any such action shall not be deemed an election of remedy so as to preclude other enforcement, disciplinary or other remedies available to the Borough of Kutztown for enforcement of this chapter; and

In the Borough of Kutztown's pursuit of any such action, a prima facie showing of a violation of any final, unappealable enforcement or disciplinary action or final, unappealable Housing License Appeals Board order shall be sufficient to satisfy any legal requirement that the Borough of Kutztown demonstrate irreparable harm as a prerequisite to obtaining injunctive relief.

Any discipline or enforcement action imposed under this chapter which is in any manner related to violations of the Performance Codes shall be applicable to the premises in question notwithstanding any change in the owner or its ownership of the premises. Any discipline or enforcement action imposed under this chapter with respect to any premises for reasons other than violation of any of the Performance Codes shall terminate, with respect to its applicability to such premises, upon any conveyance and/or change in owner or its ownership of the premises to a new owner, provided that:

The new owner, if an individual, shall not be related to the existing owner by blood, marriage, adoption or other decree of legal custody; and