[HISTORY: Adopted by the Borough Council
of the Borough of Wilson as indicated in article histories. Amendments
noted where applicable.]
GENERAL REFERENCES
Alarm systems — See Ch. 74.
Brush, grass, weeds and debris — See Ch. 80.
Uniform construction codes — See Ch. 86A.
Garbage, rubbish and refuse — See Ch. 114.
Noise — See Ch. 130.
Pest control — See Ch. 133.
Property maintenance — See Ch. 139.
Streets and sidewalks — See Ch. 150.
Zoning — See Ch. 170.
[Adopted 3-23-1987 by Ord. No. 604, approved 3-23-1987]
Effective as of the effective date of this article,
every owner of real estate in Wilson Borough who rents or leases any
parcel thereof; in whole or in part, to any other person or entity,
shall make one filing with the Borough Secretary at the Municipal
Building, 20th and Hay Terrace, Wilson Borough, Northampton County,
Pennsylvania, of a written certified list of all persons or entities
who presently rent or lease real estate from said owner. Said list
shall include the names and addresses of all such persons or entities
and shall be filed with the Borough Secretary to be received no later
than June 1, 1987. In addition to the requirement of the aforesaid
filing, every such owner of real estate shall file a separate, certified
written list with the Borough Secretary within 30 days of the date
of any additional person or entity so renting or leasing the subject
premises.
For the purposes of this article, the fact that an owner of real estate rents or leases any property for minimal or no rent to another person or entity shall not excuse said owner from the filing of the certified lists required in § 142-1 hereof.
Every owner of real estate who fails to so comply
with the requirements of this article shall, upon conviction, be guilty
of a summary offense and be liable for a fine not exceeding $300 and,
in default thereof, imprisonment not exceeding 10 days in the Northampton
County Prison. For the purposes of this article, every day that an
owner of real estate is late in filing said certified written lists,
as required above, shall constitute a separate and distinct offense.
[Adopted 6-23-2008 by Ord. No. 741, approved 6-23-2008]
A.
Purposes. This article is intended to serve the following
purposes:
(1)
To assist the Borough of Wilson (the "Borough") in
protecting and promoting the public health, safety and welfare of
its citizens;
(2)
To establish rights and obligations of owners and
occupants relating to the rental of certain residential units in the
Borough of Wilson and to seek that owners and occupants properly maintain
rental housing within the Borough;
(3)
To ensure that owners, managers and occupants share
responsibilities to comply with codes, to prevent overcrowding and
to avoid nuisances for neighboring residents; and
(4)
To provide for a system of inspections; issuance and
renewal of licenses; and establish penalties for violations.
B.
Findings. In considering the adoption of this article,
the Borough of Wilson makes the following findings:
(2)
There is a greater incidence and greater severity
of violations of various codes of the Borough at rental residential
properties than at owner-occupied residential properties.
(3)
There is a greater incidence of problems with the
maintenance and upkeep of rental residential properties than at owner-occupied
residential properties.
(4)
There is a greater incidence of disturbances which
adversely affect the peace and quiet of the neighborhood at rental
residential properties than at owner-occupied residential properties.
(5)
A systematic inspection process can avoid life-threatening
problems, such as a lack of functioning smoke detectors.
As used in this article, the following terms
shall have the following meanings. If a term is not defined in this
section, but is defined in the Borough Uniform Construction Code,[1] then that definition shall apply to this article. If a
term is not defined in any of those codes, but is defined in the Borough
Zoning Code,[2] then the definition in such code shall apply to this article.
The Borough of Wilson, Northampton County, Pennsylvania.
Days in which the offices of the Borough of Wilson are open
for public business.
Any code or ordinance adopted, enacted and/or in effect in
and for the Borough of Wilson concerning fitness for habitation or
the construction, maintenance, operation, occupancy, use, vermin or
rodent control, or public health matters of any premises or dwelling
unit. This shall include, but not be limited to, the Borough existing
Uniform Construction Code,[3] the International Existing Building Code (IEBC), the National
Electrical Code (NEC), the International Residential Code (IRC), the
International Building Code (IBC), the International Property Maintenance
Code (IPMC), solid waste and water ordinances, public health ordinances,
and noise control ordinances.
The duly appointed Code Enforcement Officer(s) having the
duty to enforce this article, the aforementioned codes and similar
codes of the Borough of Wilson, and any assistants or deputies thereof.
In multiunit buildings, space which is not part of an individual
regulated rental unit and which is shared among occupants of the dwellings.
Common areas shall be considered as part of the premises for purposes
of this article.
A form of conduct, action, incident or behavior
perpetrated, caused or permitted by an occupant or guest of a regulated
rental unit that:
Is a violation of ordinances of the Borough
of Wilson and that is so loud, untimely as to time of the day, offensive
and/or nuisance-causing that it unreasonably interferes with the peaceful
enjoyment by other persons of their premises or causes damage to property
that is owned by others;
Involves music or noise that is disruptive to
persons occupying a different dwelling unit;
Involves music that is audible from a street,
sidewalk or dwelling from a minimum distance of 50 feet away from
the premises where the sound is originating;
Is the subject of a criminal citation for disorderly
conduct; or
In order for such disruptive conduct to constitute
an offense under this article, a written report must be issued by
a sworn police officer or a Borough Code Enforcement Officer and notice
must be sent to an occupant and the owner or manager.
A written report of disruptive conduct that is completed
by a police officer or Borough Code Enforcement Officer who investigated
the matter.
A building including one or more dwelling units.
A residential living area for one household that is used
for living and sleeping purposes and that has its own cooking facilities
and a bathroom with a toilet and a bathtub and/or shower.
A person on the premises of a regulated rental unit with
the actual or implied consent of an occupant.
This term shall have the same meaning as "owner."
An adult individual designated by the owner of a regulated
rental unit under this article. The manager shall be the agent of
the owner for service of process and receiving notices or demands
and to perform the obligation of the owner under this article and
under rental agreements with occupants.
A building containing two or more dwelling units that are
not completely separated from each other by vertical party walls.
An individual who resides in a regulated rental unit.
One or more persons, jointly or severally, in whom is vested
all or part of the legal title to the premises, or all or part of
the beneficial ownership and a right to present use and enjoyment
of the premises, including but not limited to a mortgage holder who
is in possession of a regulated rental unit.
A dwelling unit in which at least one owner of record of
the property resides as his/her primary dwelling.
A natural person, partnership, corporation, unincorporated
association, limited partnership, trust or any other entity.
Sworn law enforcement officers of the Police Department of
the Borough of Wilson or the Pennsylvania State Police.
Any parcel of real property in the Borough, including the
land and all buildings and structures, on which one or more regulated
rental unit is located.
A dwelling unit or rooming house unit that is occupied for
residential purposes and that is not an owner-occupied dwelling unit
and exempted by this article from needing a residential rental license.
A college fraternity or sorority used for residential purposes shall
be considered a regulated rental unit, unless it is within a dormitory
that is owned by a college.
A written agreement or other legally enforceable agreement
between owner and tenant, which is required to be supplemented by
the addendum[6] provided in this article, embodying the terms and conditions
concerning the use and occupancy of a specified regulated rental unit.
The license issued to the owner of regulated rental units
under this article which is required in order to lawfully rent and
occupy regulated rental units. Until a rental unit has been inspected
and a certificate of occupancy issued, the residential rental license
shall be considered a residential rental registration.
A living unit that does not meet the definition of a dwelling
unit and that is not within a Borough-permitted hotel or bed-and-breakfast
inn.
An occupant of a regulated rental unit with whom a legal
relationship with the owner is established by a lease or other enforceable
agreement under the laws of the Commonwealth of Pennsylvania.
Two or more persons who reside in a dwelling unit and who
are not related to each other through blood, adoption, marriage or
formal foster relationship. A person who is only related as a cousin
shall be considered unrelated for the purposes of this article. The
term "related" shall be restricted to the following relationships:
spouse, parent, child, sister, brother, grandchild, great-grandchild,
grandparent, great-grandparent, aunt, uncle, or any of these same
relationships in a step or in-law situation.
[3]
Editor's Note: See Ch . 86A, Uniform Construction
Codes.
[4]
Editor's Note: See 18 Pa.C.S.A. § 101
et seq.
[5]
Editor's Note: See 47 P.S. § 1-101
et seq.
[6]
Editor's Note: The Required Addendum to Residential Rental Agreement is included as an attachment to this chapter.
A.
General.
(2)
As provided for in this article, every owner shall
be responsible for regulating the proper and lawful use and maintenance
of every dwelling which he, she or it owns. Every owner shall be responsible
to act to minimize disruptive conduct on the premises by the occupants
of regulated rental units through the rental contract and through
its enforcement of leases.
(3)
A residential rental license is required by § 142-8 for each regulated rental unit. If a valid license has not been issued within the timeframe established by this article, or the license has been suspended or revoked, then the rental unit shall not be rented for residential use. If a regulated rental unit is rented for residential use without a valid residential rental license, such action shall be a violation of this article.
(4)
This article shall not be construed as diminishing
or relieving, in any way, the responsibility of occupants or their
guests for their conduct or activity; nor shall it be construed as
an assignment, transfer or projection over or onto any owner 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 article be construed so as to require an owner to indemnify
or defend occupants or their guests when any such action or proceeding
is brought against the occupant based upon the occupant's conduct
or activity. Nothing herein is intended to impose any additional civil/criminal
liability upon owners other than that which is imposed by existing
law.
(5)
This article is not intended, nor shall its effect
be, to limit any other enforcement remedies which may be available
to the Borough against an owner, occupant or guest thereof.
(6)
The owner and/or owner's agent shall accompany the
Code Enforcement Officer in all scheduled inspections at the property
conducted under this program.
B.
Designation of manager.
(1)
If the owner is not a full-time resident of the Borough
of Wilson nor resides within a twenty-mile radius of the Borough of
Wilson, then the owner shall designate a person to serve as manager
who does reside or work on a daily basis within a twenty-mile radius
of the Borough of Wilson. If the owner is a corporation, a separate
manager shall be appointed, unless an officer of the corporation is
appointed as the manager and such officer lives within a twenty-mile
radius of the Borough of Wilson. If the owner is a partnership, a
manager shall be required if a partner does not reside within a twenty-mile
radius of the Borough of Wilson. Said partner shall perform the same
function as a manager. The manager shall be the agent of the owner
for service of process and receiving of notices and demands, as well
as for performing the obligations of the owner under this article
and under rental agreements with occupants.
(2)
The legal name, mailing address, daytime physical
address (not a post office box) and daytime and evening telephone
number(s) of a person who is designated as the manager shall be provided,
in writing, by the owner to the Borough, and such information shall
be kept current and updated within five business days after it changes.
(3)
The manager shall be authorized to accept service
of process on behalf of the owner.
(4)
In addition, an owner may designate an agent to serve
all of the same purposes of the owner. If an Agent is designated,
then the Borough is not required to provide separate notice to the
owner.
C.
Disclosure. The owner or manager shall disclose to
the occupant, in writing, on or before the commencement of the tenancy:
the name, address and telephone number of the manager; or the name,
address and telephone number of the owner of the premises if a manager
is not required to be designated.
D.
Maintenance of premises.
(1)
The owner shall maintain the premises in compliance
with the International Property Maintenance Code/2006, as amended,
and shall regularly perform all routine maintenance, including lawn
mowing and ice and snow removal, and shall promptly make any and all
repairs necessary to fulfill this obligation.
(2)
However, the owner and occupant may agree that the
occupant is to perform specified repairs, maintenance tasks, alterations
or remodeling, if such responsibilities are established in writing.
Such an agreement may be entered into between the owner and occupant
only if entered into in good faith and not for the purpose of evading
the obligations of the owner or occupant.
(3)
The existence of an agreement between owner and occupant
shall not relieve an owner of any responsibility under this article
or other Borough codes for proper repair and maintenance of a building
or premises.
E.
Rental agreement and addendum.
(1)
All rental agreements for regulated rental units shall
be in writing or otherwise legally enforceable.
(2)
The owner and occupant shall not include text in a
rental agreement that is contrary to the provisions of this article.
(3)
Addendum to rental agreement. After the effective
date of this article, an addendum to each rental agreement for regulated
rental units shall be provided by the owner to the occupant before
a rental agreement is presented for signing by an occupant. The text
of the Addendum shall be consistent with Appendix A,[2] unless an alternative version is preapproved by a Code
Enforcement Officer. The owner shall secure a written acknowledgment
from the occupants that the occupants have received the addendum.
Upon oral or written request by the Borough of Wilson, the owner,
within 10 days of the request, shall furnish to the Borough copies
of the acknowledgment that the occupants received the addendum.
[2]
Editor's Note: Appendix A, Required Addendum to Residential Rental Agreement, is included as an attachment to this chapter.
G.
Common areas. The owner shall be responsible to minimize
disruptive conduct by occupants and guests in any common area and
the premises and to maintain proper physical conditions in such areas.
The owner shall be required to ensure that common areas and the outside
premises are in compliance with Borough codes.
H.
Eviction. In the event that an occupant(s) of a regulated
rental unit is involved in a third disruptive conduct violation within
any three year period during which a residential rental license was
required, the Code Enforcement Officer shall provide a written statement
to the owner or his manager that the property shall be vacated. If
the disruptive conduct was caused by only one occupant, then the owner
or his manager officer shall limit the vacate order to that person.
Occupants shall be responsible to prevent their guests from engaging
in disruptive conduct on the premises. The owner shall begin eviction
proceedings within 15 days after receiving such statement and shall
continue such proceedings to completion, without interruption, unless
the occupants vacate the premises. Once an eviction is ordered, those
occupant(s) shall not be permitted to occupy any area on the same
lot for a minimum period of two years. In addition, once an eviction
is ordered, those occupant(s) shall not, for a minimum period of two
years, be permitted to occupy any dwelling unit or boarding/rooming
house unit that is owned by the same person or entity within the Borough
of Wilson.
(1)
Failure of an owner to comply to vacate the premises
shall result in the suspension or revocation of the residential rental
license and shall be a violation of this article.
(2)
This article shall not limit the ability of an owner
to evict tenants in compliance with state law for reasons other than
violations of this article.
(3)
A requirement to evict occupants shall not apply if
a successful appeal is made to the Property Maintenance Board of Appeals,
or if the District Magistrate rules in the occupant's favor during
eviction proceedings, or where a court appeal or other legal action
has been filed that would lawfully prevent eviction.
(4)
The Code Enforcement Officer shall maintain a list
of occupants who were ordered to be evicted and the affected addresses.
Such list shall be maintained for a minimum of three years and shall
be available for public review.
I.
Code violations. Upon receiving notice of any Code
violations from the Code Enforcement Officer, the owner shall take
necessary action, or cause such action to be taken, to eliminate the
violation within the time limit provided on the notice or citation.
J.
Borough can make repairs.
(1)
In case the owner of premises shall neglect, fail
or refuse to comply with any notice from the Borough or its Code Enforcement
Officer to correct a violation relating to maintenance and repair
of the premises under any Code within the period of time stated in
such notice, the Borough may cause the violation to be corrected.
There shall be imposed upon the owner a charge of the actual costs
involved, plus 25% of said costs or $50, whichever is greater, for
each time the Borough shall cause a violation to be corrected. The
owner of the premises shall be billed after such work has been completed.
Any such bill which remains unpaid and outstanding after the time
specified therein for payment shall be grounds for the imposition
of interest and a municipal lien upon the premises as provided by
law. Such a lien may be reduced to judgment and enforced and collected
as provided by law, together with interest at the legal rate, attorney's
fees and court costs.
(2)
The remedies provided by this subsection are not exclusive
and the Borough and its Code Enforcement Officer may invoke such other
remedies available under this article or other applicable Codes, ordinances
or statutes, including, where appropriate, condemnation proceedings
or declaration of premises as unfit for habitation; or suspension,
revocation or nonrenewal of the residential rental license.
K.
The owner or manager shall allow and schedule inspections by a Code Enforcement Officer of the premises during Borough business hours after a minimum of seven calendar days notice have been provided to the owner or manager. The owner or manager shall provide a minimum of three calendar days' advance notice to at least one adult occupant of each rental unit of the time and date of the inspection. These advance notice requirements shall not apply when the Code Enforcement Officer has reason to believe that an imminent threat to public health and safety may exist. See also § 142-8.
A.
General.
(1)
The occupant shall comply with all obligations imposed
upon occupants by this article, all applicable codes and ordinances
of the Borough and all applicable provisions of state law.
B.
Health regulations. Occupants shall collect and dispose
of all rubbish, garbage and other waste in a clean and sanitary manner
and comply with Borough solid waste and recycling regulations.
C.
Illegal activities. Occupants shall not engage in,
nor tolerate nor permit guests on the premises to engage in, any conduct
declared illegal under any federal criminal statute, and/or 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 illegal
sale or distribution of controlled substances under the Controlled
Substance, Drug, Device and Cosmetic Act (35 P.S. § 780-101
et seq.), or their successor laws.
D.
Disruptive conduct. (See definition in § 142-5.)
(1)
Occupants shall not engage in, nor tolerate nor permit
guests on the premises to engage in, disruptive conduct or other violations
of the article.
(2)
When police investigate an alleged incident of disruptive
conduct, the police 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 herein. The information
provided in this report shall include, if possible, the identity or
identities of the alleged perpetrator(s) of the disruptive conduct
and the factual basis for the disruptive conduct.
(3)
When a police officer issues a disruptive conduct
report concerning a regulated rental unit, a copy shall be provided
by the police to the Code Enforcement Officer, who shall maintain
records of such reports. The Code Enforcement Officer shall mail a
copy of the disruptive conduct report to an occupant and the owner
or manager after his/her receipt of the report.
(4)
A criminal or civil citation is not required in order
for a disruptive conduct report to be issued.
(5)
If a citation is issued and successfully prosecuted
or a guilty plea entered before a District Justice, such citation
may automatically be considered a disruptive conduct report. However,
if an appeal of a citation is filed from a decision of a District
Justice, the matter shall not be deemed to constitute disruptive conduct
unless a finding of guilty is affirmed by a final decision on appeal.
E.
Damage to premises. The occupant shall not intentionally
cause, nor permit nor tolerate others to cause, damage to the premises.
Conduct which results in damages in excess of $500 shall be considered
disruptive conduct under this article.
A.
License requirement.
(1)
A residential rental license or proof of application
shall be required for all occupied regulated rental units. Not later
than April 1 each year the owner or his duly authorized agent shall
be required to apply for a license for each regulated rental unit.
For a rooming house, a single license is allowed for all units within
a rooming house building. A residential rental license shall not be
issued or renewed until:
[Amended 2-23-2009 by Ord. No. 746, approved 2-23-2009]
(a)
All overdue real estate taxes and business license,
water, sewage and garbage collection fees that are owed to the Borough
of Wilson or its authorities have been paid in full; and
(b)
The owner has provided information concerning
a manager, if applicable, and has provided a list of names of occupants
age 18 or older.
(2)
The following shall not be considered regulated rental
units for the purposes of this article:
(a)
Owner-occupied dwelling units, provided that
not more than two unrelated individuals, in addition to the owner
and his/her relatives, occupy the dwelling unit at any given time.
(b)
Hotels and motels used for transient visitors
to the area, but without units that serve the same purposes as rooming
house units.
(d)
One dwelling unit that is on the same lot as
a second dwelling unit, provided the two dwellings are only occupied
by the owner and persons who are related to the owner.
(e)
On-campus dormitories owned by an accredited
college or university.
(3)
The application for the license shall use a form provided
by the Borough.
(4)
The owner or manager shall:
(a)
Maintain a current list of all occupants age
18 or older in each regulated rental unit, which shall include their
name, address and telephone number;
(b)
Furnish such list to the Borough annually, in
writing, with license renewal of each year; and
(c)
Notify the Borough, in writing, of any changes
in the number or names of occupants age 18 or older within 30 days
after a change.
B.
Licenses and fees.
(1)
Each residential rental license shall have an annual
term and each regulated rental unit shall be subject to a minimum
of at least one inspection every three years, based upon a schedule
established by the Code Enforcement Officer. The Code Enforcement
Officer shall establish three geographic areas and require that regulated
rental units in each of those geographic areas be made available for
inspection in the designated year and then reinspected on a schedule
of one inspection every three years. The Borough is not obligated
to complete all inspections within this schedule. If the Borough,
through no fault of the owner, manager or tenant, was not able to
complete an inspection in a regulated rental unit in the designated
year, the Borough may inspect the unit in one or more following years.
(2)
The following time extensions shall apply for the
requirements to have a rental unit inspection, unless there is evidence
of a possible Code violation on the property. These time extensions
shall only apply after the first initial inspection and if the property
has not been subject of any Code enforcement actions (other than items
that were satisfactorily corrected within 30 days), and has no outstanding
taxes, fines or fees due to the Borough of Wilson or a Borough Authority.
If a regulated rental unit was inspected by the Borough for Code compliance
within the previous three years, then an inspection under this article
may be delayed to result in a minimum of three years until the next
inspection.
(3)
Upon application for a license and prior to issuance
or renewal thereof, each applicant shall pay to the Borough an annual
license and inspection fee.
(a)
The annual fee for a residential rental unit
shall be as stated in the attached fee schedule.[2] The fee for a calendar year shall be paid by January 1
of each year. If the annual fee is not paid by February 1, additional
fees as stated in said fee schedule shall apply. This fee is intended
to cover the Borough's actual costs for administering the program
and for inspections and related vehicle, office, administrative and
overhead expenses.
[2]
Editor's Note: The Schedule of Rental License and Inspection Fees is included as an attachment to this chapter.
(b)
If a second inspection or subsequent inspection
is needed for a dwelling unit or rooming house unit because the unit
was found to be in violation of Borough codes during the initial inspection
or a license was previously revoked and reinstatement applied for,
then additional fees as stated in said fee schedule shall apply.
(c)
The fees provided in said fee schedule may be
revised by written resolution of Borough Council.
(d)
A residential rental license shall not be issued
or renewed if the owner has not paid any fines and costs arising from
enforcement of this article or any codes of the Borough of Wilson
relating to land use and/or code enforcement or if any licensing fees
under this article are past due to the Borough.
(e)
If a second or subsequent inspection is needed
for a dwelling unit or rooming house unit because the Code Enforcement
Officer was not able to enter the unit at the time that had been scheduled
with the owner or manager, then an additional fee shall apply as stated
in the attached fee schedule.
(4)
A license or inspection by itself shall not warrant
that a rental unit is lawful, safe, habitable or in compliance with
all Borough codes.
C.
Inspection.
(1)
Each regulated rental unit shall be subject to inspection
by the Code Enforcement Officer or another duly authorized agent of
the Borough under the schedule outlined in this article.
(2)
Borough Code Enforcement Officers are the officials
authorized to enforce this article, and to take appropriate measures
to abate violations hereof, for and on behalf of the Borough of Wilson.
(3)
This article shall not be construed as to limit the
Code Enforcement Officer's authority to conduct inspections or enforcement
actions under other Borough codes or to require that a property be
made available for inspection whenever there is probable cause that
a violation of Borough codes may be present.
(4)
To minimize disruption to occupants, owners and managers
are encouraged to ask to attempt to schedule inspections during times
when a rental unit is unoccupied between tenants.
D.
Warrant. Within the limitations of federal and state
law, a Code Enforcement Officer may apply to a District Justice having
jurisdiction for an administrative search warrant to enter and inspect
a regulated rental unit and the premises. Such warrant is only required
where access to a regulated rental unit or common areas is denied
to the Code Enforcement Officer after a request.
A.
General. A Code Enforcement Officer may initiate the
following enforcement actions against an owner for violating any provision
of this article that imposes a duty upon the owner and/or for failing
to regulate the breach of duties by occupants as provided for herein.
B.
Responses to violations of this article and other
Borough codes.
(1)
Notice of violations. A Code Enforcement Officer shall
provide written notification of violations of Borough codes and require
that they be corrected within a reasonable maximum time period that
the Code Enforcement Officer establishes in the enforcement notice.
(a)
A Code Enforcement Officer may determine that
the rental unit is unfit for human habitation, in which case it shall
be vacated and remain vacated until such situation is corrected.
(b)
For serious violations that do not require the
property to be immediately vacated, a Code Enforcement Officer may
require that the violations be corrected within 24 hours, or another
time period stated on the notice or citation.
(2)
Nonrenewal. A Code Enforcement Officer shall delay
or deny the renewal of a residential rental license if there are outstanding
violations of Borough codes for that rental unit that have not been
corrected at the time of license renewal. If the violations are not
a threat to the safety of the occupants or other members of the public,
a Code Enforcement Officer shall permit the current occupants to continue
to reside in the premises for a reasonable period of time established
by a Code Enforcement Officer in the notice of nonrenewal, with the
time limit removed when the violations of Borough codes are corrected.
A Code Enforcement Officer may issue a temporary license that is conditioned
upon certain actions being taken within a maximum time period.
(3)
Revocation. The immediate revocation of the license
to rent a regulated rental unit shall occur if a Code Enforcement
Officer determines that violations of Borough codes present a threat
to the safety of the occupants or other members of the public. Such
revocation shall occur until violations of Borough codes are corrected
and the property has been reinspected. Upon revocation, the owner
shall take immediate steps to evict the occupants and/or to locate
alternative housing for the occupants.
(4)
Suspension. A Code Enforcement Officer may suspend
the license to rent a regulated rental unit if violations of Borough
codes have not been corrected within a time limit established by a
Code Enforcement Officer. Such suspension shall continue until such
time as a violation(s) of Borough codes is corrected.
(a)
If the violations are not a threat to the safety
of the occupants or other members of the public, a Code Enforcement
Officer shall permit the current occupants to continue to reside in
the premises for a reasonable period of time established by a Code
Enforcement Officer in the notice of suspension.
(b)
A Code Enforcement Officer may suspend the license
to rent a regulated rental unit if the owner or his/her designated
manager are not available or do not respond to contacts by a Code
Enforcement Officer, or if the name and contact information for the
owner or manager is no longer valid, or if the manager no longer represents
the owner.
(c)
A residential rental license may be suspended until all overdue real
estate taxes, business privilege and mercantile taxes, and sewer and
garbage collection fees that are owed to the Borough of Wilson or
its authorities have been paid in full. All open certificate of occupancies
must be closed as well.
[Added 5-10-2021 by Ord. No. 800]
(5)
Reinstatement. A residential rental license shall
be reinstated if the owner of a regulated rental unit corrects the
reason for the revocation of the residential rental license and has
paid the residential rental license reinstatement fee.
C.
Criteria for applying sanctions. The Code Enforcement Officer, when deciding upon the sanctions provided in Subsection B above, shall consider the following:
(1)
The effect of the violation on the health and safety
of occupants of the regulated rental unit, other residents of the
premises, and neighboring residents.
(2)
Whether the owner has prior violations of this Code
and whether those violations were satisfactorily corrected in a timely
manner.
(3)
The effect of sanctions upon the occupants, particularly
when the occupants did not cause the violation.
(4)
The actions taken by the owner to remedy the violation
and to prevent future violations, including any written plan submitted
by the owner and good faith efforts of the owner to bring the property
into compliance.
D.
In addition to enforcing sanctions set forth above,
a Code Enforcement Officer may establish reasonable conditions upon
a residential rental license that will fulfill the purposes of this
article.
E.
Grounds for imposing sanctions. Any of the following
may subject an owner to sanctions as provided for in this article:
(1)
Failure to abate a violation of Borough codes and
ordinances that apply to the premises within the time directed by
the Code Enforcement Officer.
(2)
Refusal to permit the inspection of the premises by
a Code Enforcement Officer as required by this article.
(3)
Failure to take steps to remedy and prevent violations
of this article by occupants of regulated rental units as required
by this article.
(4)
Failure to evict occupants after having been directed
to do so by a Code Enforcement Officer as provided for in this article.
F.
Procedure for nonrenewal, suspension or revocation
of license. Following a determination that grounds for nonrenewal,
suspension or revocation of a license exist, a Code Enforcement Officer
shall notify the owner or manager of the action to be taken and the
reason therefor. Such notification shall be in writing, addressed
to the owner or manager in question, and shall contain the following
information:
(1)
The address of the premises in question and identification
of the affected regulated rental unit(s).
(2)
A description of the violation which has been found
to exist.
(3)
A statement that the license for said regulated rental
unit(s) shall be suspended, revoked or will not be renewed for the
next license. Time deadlines shall be provided in the notice. In the
case of a revocation, the notice shall state the date upon which such
revocation will commence.
(4)
A statement that during the license nonrenewal or
revocation, the property shall not be rented for occupancy, except
for any temporary conditional license extension that a Code Enforcement
Officer may issue.
(5)
Information regarding the appeal process.
G.
Appeals.
(1)
Any person affected by a decision, notice or order
of a Code Enforcement Officer under this article or any issuance of
a disruptive conduct report or any eviction order under this article
shall have the right to appeal to the Borough of Wilson Property Maintenance
Board of Appeals. An application for appeal may be made when it is
claimed that the provisions of this article have been improperly applied
or administered or that factual errors were made by the Code Enforcement
Officer, or for such other grounds under this article as the applicant
may allege. A written application for appeal is required to be filed
within 20 days after the day the decision, report, notice or order
was received or served. A fee of $200 shall be paid in advance by
the person requesting the hearing for each appeal to the Property
Maintenance Board of Appeals. If the appeal is found in favor of the
applicant, then such fee shall be returned to the person or entity
who paid it.
(2)
The Property Maintenance Board of Appeals shall also
hear all appeals of enforcement matters under the Borough of Wilson
Existing Structures Code. The appeal provisions in such code are hereby
included by reference.
(3)
The Property Maintenance Board of Appeals is hereby
established and shall consist of five members who are appointed by
the Mayor of Wilson, with confirmation required by Borough Council.
No more than two members shall be employees of the Borough of Wilson.
A minimum of one member shall own rental housing in the Borough of
Wilson. The members shall serve staggered three-year terms, with at
least one term ending each year.
(a)
A minimum of three votes shall be needed for
any action by the Board, such as to delete a disruptive conduct report
or to halt an order for eviction. A two-to-two vote shall be considered
to have been no action, in which case the determination of the Code
Enforcement Officer shall stand.
(b)
Two alternate members of the Property Maintenance
Board of Appeals may also be appointed by the Mayor, who may be named
by the Chairman of the Board to serve when regular members are unable
to serve.
(c)
Decisions of the Property Maintenance Board
of Appeals may be appealed to the Court of Common Pleas, provided
a notice of appeal is filed, in writing, with the Borough's Solicitor's
office within 30 days after a party's receipt of the decision of the
Property Maintenance Board of Appeals.
(d)
The Property Maintenance Board of Appeals shall
have the authority to elect its own officers and to establish and
revise bylaws for its own procedures, actions and meetings.
(e)
Decisions of the Property Maintenance Board
of Appeals shall be provided, in writing, to the Code Enforcement
Officer and to the last known address of the owner, the manager, if
applicable, and the affected occupant within 10 days after the conclusion
of a hearing on a matter.
(f)
Any compensation for the members of the Property
Maintenance Board of Appeals shall require approval by Borough Council.
(g)
A stenographic record is not required for meetings
of the Property Maintenance Board of Appeals. Minutes shall be maintained
and a tape recording of meetings may occur.
(4)
Other boards. The Borough of Wilson Board of Health
shall continue to hear appeals concerning health regulations. The
Borough of Wilson Zoning Hearing Board shall continue to hear appeals
concerning the Zoning Ordinance.[1] The Borough of Wilson Code Board of Appeals shall continue
to hear appeals as provided in the existing codes.
H.
Notifications.
(1)
Notices of violations and license suspensions, revocations
and nonrenewals shall be sent to the owner, and manager if applicable,
by certified mail. In the event that the notice is returned by the
postal authorities marked "unclaimed" or "refused," then the Code
Enforcement Officer shall attempt delivery by personal service on
the owner, or manager, if applicable. The Code Enforcement Officer
shall also post the notice at a conspicuous place on the premises.
(2)
The Borough shall not be responsible for failing to
provide notice where the owner has not provided an up-to-date name
and address for the owner or the manager for the rental unit.
(3)
For purposes of this article, any notice required
hereunder to be given to a manager shall be deemed as notice given
to the owner.
(4)
There shall be a presumption that any notice required
to be given to the owner under this article shall have been received
by such owner if the notice was given to the owner in the manner provided
by this article.
(5)
A claimed lack of knowledge by the owner of any violation
hereunder cited shall not be a defense to rental license nonrenewal,
suspension or revocation or an eviction order as long as all required
notices involving such proceedings have been sent to the last known
address of the owner.
A.
Basis for violation. It shall be unlawful for any
person, as either owner or manager of a regulated rental unit, to
operate without a valid, current residential rental license issued
by the Borough authorizing such operation. It shall also be unlawful
for any person, either owner or manager, to allow the number of occupants
of a regulated rental unit to exceed the maximum number allowed by
Borough codes, or to violate any other provision of this article.
It shall be unlawful for any owner, manager or occupant to violate
this article.
B.
Penalties.
(1)
The penalties and remedies for a violation of Borough
Construction Codes or the Borough Existing Structures Code shall be
as established in such other code.
(2)
Any person who violates a provision of this article
shall, upon conviction thereof before a District Magistrate, be liable
to pay the following penalties:
(a)
First violation on a lot with no prior violations
in the previous 12 months: a fine of $200;
(b)
Second violation on a lot within a twelve-month
period: a fine of $500;
(c)
Third and each subsequent violation on a lot
within a twelve-month period: a fine of $1,000.
(d)
If an owner fails to obtain a residential rental
license that is required, a fine of $500 shall apply. A second violation
and each violation thereafter shall be a fine of $1,000.
[Amended 8-12-2013 by Ord. No. 765, approved 8-12-2013]
(e)
For each week that a violation continues to
exist after the time limit established for correction of the violation
by a Code Enforcement Officer, a separate violation shall have been
deemed to occur, requiring an additional fine.
(3)
In addition, an eviction of occupants of a regulated
rental unit may be required under provisions of this article, and
the residential rental license that grants the privilege to rent a
regulated rental unit may be revoked, suspended or withdrawn.
C.
Nonexclusive remedies. The penalty provisions of this
section and the license nonrenewal, suspension and revocation procedures
provided in this article shall not limit the ability of the Borough
to enforce other Borough ordinances and to utilize the penalties,
remedies and procedures provided under such other Borough ordinances
and state law.
A.
Changes in ownership/occupancy.
(1)
Each owner of a regulated rental unit shall notify
the Code Enforcement Officer, in writing, within five business days
after any change in ownership of the premises or of the number of
regulated rental units on the premises, and to submit new contact
information.
(2)
The owner shall notify the Code Enforcement Officer,
in writing, within a maximum of five business days after the changing
of a dwelling unit from owner-occupied to being a regulated rental
unit for purposes of this article. Failure to so notify the Code Enforcement
Officer shall be considered a violation of this article.
B.
Owners separately responsible. If any regulated rental
unit is owned by more than one person, in any form of joint tenancy,
as a partnership, or otherwise, each person shall be jointly and separately
responsible for the duties imposed under the terms of this article,
and shall be separately subject to prosecution for the violation of
this article.
C.
Severability. If any provision of this article or
the application thereof to any person or circumstances is held invalid
by a court of law, such holding shall not affect the other provisions
or applications of this article which can be given effect without
the invalid provision or application, and, to this end, the provisions
of this article are declared severable.
D.
Repealer. All ordinances or parts of ordinances which
clearly are inconsistent with this article are hereby repealed to
the extent of such inconsistency.
E.
Enactment and effective date. This article is hereby
enacted as an ordinance of the Borough of Wilson, Northampton County,
Pennsylvania, and shall take effect in 30 days after its enactment.
