Town of Bloomsburg, PA Chapter 11 Housing

PART 1 RENTAL UNIT OCCUPANCY REGULATIONS

§ 11-101 General.

[Ord. 766, 1/1/1994, § 1; as amended by Ord. 816, 11/9/1998; by Ord. 829, 3/12/2001, §§ 1-4; and by Ord 872, 4/12/2004, § 11-101]

1. It is the purpose of this Part and the policy of the Town Council of the Town of Bloomsburg, in order to protect and promote the public health, safety and welfare of its citizens, to establish rights and obligations of owners and occupants relating to the rental of certain dwelling units and dormitory units in the Town of Bloomsburg and to encourage owners and occupants to maintain and improve the quality of rental housing within the community. It is also the policy of the Town that owners, managers and occupants share responsibilities to obey the various codes adopted to protect and promote public health, safety and welfare. As means to those ends, this Part provides for a system of inspections, issuance and renewal of occupancy licenses and sets penalties for violations. This Part shall be liberally construed and applied to promote its purposes and policies. In considering the adoption of this Part, the Town of Bloomsburg makes the following findings:

A. While the Town Council of the Town of Bloomsburg acknowledges the significant contribution that Bloomsburg University, its students, faculty and staff makes to the culture and economy of the Town of Bloomsburg, in recent years, adverse effects of student housing on residential neighborhoods have increased and there has been an increase in destructive student behavior that threatens the health, safety and welfare of the student citizens and non-student citizens of the Town of Bloomsburg.

B. Accordingly, the Town Council of the Town of Bloomsburg makes the following findings relating to student housing and its effect on the residential neighborhoods of the Town of Bloomsburg and the effect of student lifestyles on the health, safety and welfare of the student citizens and non-student citizens of the Town of Bloomsburg:

(1) When compared to other unrelated cohabitating individuals and traditional families, groups of students have different hours, work and social habits and frequently cause noise, disturbances and problems in residential neighborhoods.

(2) There is a greater incidence of violations of various codes of the Town at residential properties where owners rent such property to students.

(3) There is a greater incidence of problems with the maintenance and upkeep of residential properties where owners rent such property to students than at owner-occupied residential properties, family-occupied residential rental properties or residential properties that are occupied by unrelated persons who are not students.

(4) There is a greater incidence of disturbances which adversely affect the peace and quiet of the neighborhood at residential properties where owners rent to students than at owner-occupied residential properties, family-occupied residential rental properties or residential properties that are occupied by unrelated persons who are not students.

(5) A concentration of student homes changes the character of a neighborhood from one with traditional family values to one that cannot maintain those and approximately 90% of the Town's student homes are concentrated in two areas of the Town which displaces middle and lower income housing by absorbing housing units and rendering the remaining units less desirable for more traditional residential use.

(6) Since 1994, nine students have died as a result of fires in houses occupied by students; two students have died of alcohol overdose; one student has died as a result of exposure when he fell from a porch at a student party.

(7) Since 1997, 155 reports of disruptive conduct under the Town's Regulated Rental Unit Occupancy Ordinance involving student behavior have been filed.

(8) Since 1996, 73 prosecutions for unlawfully occupying premises while smoke or fire detectors were not operational have been filed against students.

(9) Since 1998, 295 prosecutions for underage drinking have been filed against students and 11 prosecutions were filed against non-student residents of the Town of Bloomsburg.

(10) Since 1998, 43 student parties have been raided where arrests were made for underage drinking and furnishing alcohol to minors.

(11) There are sufficient differences between student housing and nonstudent housing and the behavior of students and non-student residents to justify different regulations for each class of resident.

(12) Dwelling units presently being used by three or more unrelated individuals are being modified for occupancy by two students requiring the relocating of bearing walls and the modification of utilities, sanitation facilities, means of ingress and egress and smoke and fire detection systems.

(13) Inspections of dwelling units occupied by two students have revealed little or no life protecting equipment in the dwelling units such as smoke and fire alarms and detectors and fire extinguishers, over-loaded electrical services, heating systems needing servicing and the use of supplemental heaters, all of which create a dangerous living environment.

(14) There is a significant occurrence of disruptive behavior in dwelling units occupied by less than three unrelated students as compared to dwelling units that are occupied by owners, traditional families or unrelated persons who are not students.

(15) Students who remain in the occupancy of the premises for periods of time after they are no longer students contribute to the above-described problems.

(16) Because of the demand for student housing in the Town of Bloomsburg, developers have expressed interest in developing properties for use as dormitories where students live in rooms without fixed kitchen facilities.

(17) [1]The Town Council of the Town of Bloomsburg is desirous of providing the same protection and standards for students who reside in dormitories or dwelling units.

[1] Editor's Note: Former Subsection 1B(17), which provided that dormitory type uses were not covered by the Regulated Rental Unit Occupancy Ordinance, was repealed by Ord. No. 1023, 5/10/2021. Said ordinance also provided for the redesignation of former Subsection 1B(18) through (20) as Subsection 1B(17) through (19), respectively.

(18) The Town Council of the Town of Bloomsburg is desirous of imposing the same responsibilities upon owners of dormitory units and dwelling units where students reside.

(19) The Town Council of the Town of Bloomsburg finds that Bloomsburg University has sufficient resources and interest to properly manage dormitories owned by it and there is no need to regulate such dormitories.

2. Definitions.

CODE

Any code or ordinance adopted, enacted and/or in effect in and for the Town of Bloomsburg concerning fitness for habitation or the construction, maintenance, operation, occupancy, use or appearance of any premises or dwelling unit or dormitory unit. Included within, but not limited by, this definition are the following which are in effect as of the date of enactment of this Part BOCA Basic Building Code [Chapter 5], BOCA Basic Plumbing Code [Chapter 5], BOCA Basic Property Maintenance Code [Chapter 5], BOCA Basic Fire Prevention Code [Chapter 5, National Electrical Code [Chapter 5], Floodplain Management Ordinance [Chapter 8], Weed and Vegetation Control Ordinance [Chapter 10], Sidewalk Maintenance and Ice Removal Ordinance [Chapter 21], Solid Waste and Recycling Ordinance [Chapter 20], Historic District Ordinance [Chapter 27], Zoning Ordinance [Chapter 27] and any duly enacted amendment or supplement to any of the above and any new enactment falling within this definition.

CODE ENFORCEMENT OFFICER

The duly appointed Code Enforcement Officer(s) having charge of the Office of Code Enforcement of the Town of Bloomsburg and any assistants or deputies thereof.

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.

COMMUNITY LIVING FACILITY

A living arrangement whereby unrelated individuals with diagnosed mental health or mental retardation problems reside on a permanent basis with twenty-four-hour supervision and whose primary purpose is the development and maintenance of community living skills.

DISRUPTIVE CONDUCT

Any form of conduct, action, incident or behavior perpetrated, caused or permitted by any occupant or visitor of a regulated dwelling unit or dormitory 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.

DISRUPTIVE CONDUCT REPORT

A written report of disruptive conduct on a form to be prescribed therefore, to be completed by the Code Enforcement Officer or police, as the case may be, who actually investigates an alleged incident of disruptive conduct and which shall be maintained by the Code Enforcement Officer.

DORMITORY UNIT

A space in a building where group sleeping accommodations are provided in one room, or in a series of closely associated rooms, for persons who are not members of the same family group, and which is under joint occupancy and single management, as in college dormitories or fraternities and sororities.

[Amended by Ord. No. 1023, 5/10/2021]

DWELLING

A building having one or more dwelling units.

DWELLING UNIT

One or more rooms, including "apartments," used for living and sleeping purposes, having a kitchen or kitchenette with fixed cooking facilities and a bathroom with a toilet and bathtub or shower.

GUEST

A person on the premises with the actual or implied consent of an occupant.

LANDLORD

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 a mortgage holder in possession of a regulated rental unit or dormitory unit, (same as "owner").

MANAGER

An adult individual designated by the owner of a regulated rental unit or dormitory unit under § 11-102.2. The manager shall be the agent of the owner for service of process and receiving notices or demands and to perform the obligations of the owner under this Part and under rental agreements with occupants.

MULTIPLE-UNIT DWELLING

A building containing two or more independent dwelling units including, but not limited to, double houses, row houses, townhouses, condominiums, apartment houses and conversion apartments.

OCCUPANCY LICENSE

The license issued to the owner of regulated rental units or dormitory units under this Part, which is required for the lawful rental and occupancy of regulated rental units or dormitory units.

OCCUPANT

An individual who resides in a regulated rental unit, or dormitory unit whether or not he or she is the owner thereof, with whom a legal relationship with the owner/landlord is established by a written lease or by the laws of the Commonwealth of Pennsylvania.

OWNER

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 a mortgage holder in possession of a regulated rental unit or dormitory unit.

OWNER-OCCUPIED DWELLING UNIT

A dwelling unit in which the owner, who is not a student, resides on a regular, permanent basis.

PERSON

A natural person, partnership, corporation, unincorporated association, limited partnership, trust or any other entity.

POLICE

The Police Department of the Town of Bloomsburg or any properly authorized member or officer thereof or any other law enforcement agency having jurisdiction within the Town of Bloomsburg.

PREMISES

Any parcel of real property in the Town, including the land and all buildings and appurtenant structures or appurtenant elements, on which one or more regulated rental units or dormitory units are located.

REGULATED RENTAL UNIT

A dwelling unit, currently or previously licensed in accordance with the provisions of this Part, for the housing of students, which is occupied by two or more unrelated individuals, under a rental agreement, who are not the owner of record, and who may or may not be matriculating as a graduate or undergraduate student.

[Amended by Ord. No. 1023, 5/10/2021]

RENTAL AGREEMENT

A written agreement between owner/landlord and occupant/tenant supplemented by the addendum required under § 11-102.5, embodying the terms and conditions concerning the use and occupancy of a specified regulated rental unit, dormitory unit or premises.

STUDENT

A person who is registered to be enrolled or who is enrolled and matriculating at Bloomsburg University as an undergraduate student or who is on a semester or summer break from studies at a college or university.

TENANT

An individual who resides in a regulated rental unit or dormitory unit, whether or not he or she is the owner thereof, with whom a legal relationship with the owner/landlord is established by a written lease or by the laws of the Commonwealth of Pennsylvania, (same as "occupant").

TOWN

The Town of Bloomsburg, Columbia County, Pennsylvania.

UNRELATED

Of or pertaining to two or more persons not related to one another through blood to the level of second cousins, adoption or marriage.

§ 11-102 Owner's Duties.

[Ord. 766, 1/1/1994, § 2; as amended by Ord. 792, 3/10/1997, § 1; by Ord. 829, 3/12/2001, § 5 and by Ord. 872, 4/12/2004, § 11-102]

1. General. It shall be the duty of every owner to keep and maintain all regulated rental units or dormitory units in compliance with all applicable codes and provisions of all other applicable State laws and regulations and local ordinances and to keep such property in good and safe condition. The landlord shall be responsible for regularly performing all routine maintenance, including lawn mowing and ice and snow removal, and for making any and all repairs in and around the premises. As provided for in this Part, every owner shall be responsible for regulating the proper and lawful use and maintenance of every dwelling which he, she or it owns. As provided for in this Part, every owner shall also be responsible for regulating the conduct and activities of the occupants of every regulated rental unit and dormitory unit which he, she or it owns in the Town, which conduct or activity takes place at such regulated rental unit or dormitory unit or its premises. In order to achieve those ends, every owner of a regulated rental unit or dormitory unit shall regulate the conduct and activity of the occupants thereof, both contractually and through enforcement, as more fully set forth below. This Section 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 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 Section 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. This Part is not intended to, nor shall its effect be, to limit any other enforcement remedies which may be available to the Town against an owner, occupant or guest thereof.

2. Designation of Manager. Ever owner who is not a full-time resident of the Town of Bloomsburg, or elsewhere in an area that is a local call from the Town of Bloomsburg, shall designate a manager who shall reside in an area that is a local call from the Town of Bloomsburg. If the owner is a corporation, a manager shall be required if an officer of the corporation does not reside in the aforesaid calling area. The officer shall perform the same function as a manager. If the owner is a partnership, a manager shall be required if a partner does not reside in the aforesaid calling area. 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 Part and under rental agreements with occupants. The identity, address and telephone numbers(s) of a person who is designated as manager hereunder shall be provided by the owner or manager to the Town and such information shall be kept currently and updated as it changes.

3. Disclosure.

A. The owner or manager shall disclose to the occupant in writing on or before the commencement of the tenancy:

(1) The name, address and telephone number of the manager, if applicable.

(2) The name, address and telephone number of the owner of the premises.

B. Before an occupant initially enters into or renews a rental agreement for a regulated rental unit or dormitory unit, the owner or manager shall furnish the occupant with the most recent inspection report relating to the property.

4. Maintenance of Premises.

A. The owner shall maintain the premises in compliance with the applicable codes of the Town 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.

B. The owner and occupant may agree that the occupant is to perform specified repairs, maintenance tasks, alterations or remodeling. In such case, however, such agreement between the owner and occupant must be in writing. Such an agreement may be entered into between the owner and occupant only if:

(1) The agreement of the parties is entered into in good faith and not for the purpose of evading the obligations of the owner or occupant.

(2) The agreement does not diminish or affect the obligation of the owner to other occupants in the premises.

C. In no case shall the existence of any agreement between owner and occupant relieve an owner of any responsibility under this Part or other ordinances or codes for maintenance of premises.

5. Written Rental Agreement.

A. All rental agreements for regulated dwelling units or dormitory units shall be in writing and shall be supplemented with the addendum attached hereto as Appendix A.[1] No oral leases and no oral modifications thereof are permitted. All disclosures and information required to be given to occupants by the owner shall be furnished before the signing of the rental agreement. The owner shall provide occupant with copies of the rental agreement and addendum upon execution.

[1] Editor’s Note: Appendix A is included at the end of this Chapter.

B. Terms and Conditions. Owner and occupant may include in a rental agreement terms and conditions not prohibited by this Part or other applicable ordinances, regulations and laws, including rent, term of the agreement and other provisions governing the rights and obligations of the parties.

C. Prohibited Provisions. Except as otherwise provided by this Part, no rental agreement may provide that the occupant or owner agrees to waive or to forego rights or remedies under this Part. A provision prohibited by this subsection included in a rental agreement is unenforceable.

D. Attachment of Part to Rental Agreement. Following the effective date of this Part, a summary hereof in a form provided to owner by the Town, at the time of licensing, shall be attached to each rental agreement delivered by or on behalf of an owner when any such agreement is presented for signing to any occupant. If a summary has been provided when the rental agreement was first executed a summary does not have to be provided upon renewal. Where a rental agreement has been entered into prior to the effective date of this Part, the owner shall provide the occupants with a copy of the summary within 60 days after enactment of this Part.

E. The owner shall secure a written acknowledgment from occupants that the occupants have received the disclosures and information required by this Part.

F. Upon oral or written request by the Town of Bloomsburg, the owner, within 10 days of the request, shall furnish to the Town copies of the acknowledgment that the occupants received the disclosures and information required by this Part.

G. Upon oral or written request by the Town of Bloomsburg, the owner, within 10 days of the request, shall furnish to the Town, for inspection purposes only, copies of the leases the owner has entered into for regulated rental units.

6. Complaints. The owner shall reply promptly to reasonable complaints and inquiries from occupants.

7. Landlord-Tenant Act. The owner shall comply with all provisions of the Landlord-Tenant Act of the Commonwealth of Pennsylvania.

8. Common Areas. Where an owner of a regulated dwelling unit or a dormitory unit does not regulate the use of common areas and the behavior of occupants and guests in the common areas, the owner shall be directly responsible for the behavior of occupants and guests in the common area as if the owner were an occupant. The failure of the owner to regulate behavior of occupants and guests in the common areas that results in the following shall be a violation of this Part:

A. Engaging in fighting or threatening, or in violent or tumultuous behavior;

B. Making unreasonable noise; or,

C. Creating hazardous or physically offensive condition by any act which serve no legitimate purpose of the actor.

9. Enforcement.

A. Within 10 days after receipt of written notice from the Code Enforcement Officer that an occupant of a regulated rental unit or dormitory unit has violated a provision of this Part, the owner shall take immediate steps to remedy the violation and take steps to assure that there is not a reoccurrence of the violation.

B. Within 20 days after receipt of a notice of violation, the owner shall file with the Code Enforcement Officer a report, on a form provided by the Town, setting forth what action the owner has taken to remedy the violation and what steps he or she has taken to prevent a reoccurrence of the violation. The report shall also set forth a plan as to steps the owner will take in the future if the violation reoccurs.

C. The Code Enforcement Officer shall review the report and, if adequate steps have been taken and the plan is adequate to address future violations, shall approve the plan. The owner shall, on his or her initiative, enforce the plan and failure to do so shall be a violation of this Part.

D. In the event that a second violation occurs within a license year involving the same occupant or occupants, the Code Enforcement Officer may direct the owner to evict the occupants who violated this Part and to not permit the occupant to occupy the premises during the subsequent licensing period.

10. Code Violations. Upon receiving notice of any code violations from the Code Enforcement Officer, the owner shall promptly take action, or cause the necessary action to be taken, to abate the offending condition and eliminate the violation.

11. Town Can Make Repairs. In case the owner of premises shall neglect, fail or refuse to comply with any notice from the Town 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 Town may cause the violation to be corrected. There shall be imposed upon the owner a charge of the actual costs involved, plus 10% of said costs for each time the Town shall cause a violation to be corrected and the owner of the premises shall be billed after same 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 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 and court costs. The remedies provided by this subsection are not exclusive and the Town and its Code Enforcement Officer may invoke such other remedies available under this Part or the 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 license issued hereunder.

12. The owner shall permit inspections of any premises by the Code Enforcement Officer at reasonable times upon reasonable notice.

13. The owner shall post in a conspicuous location in the entryway of every licensed regulated unit or dormitory unit the following:

A. The current license and current inspection report issued by the Code Enforcement Office of the Town of Bloomsburg.

B. The addendum to the licensed application required by this Part showing the names of the authorized occupants of the regulated rental unit or dormitory unit.

C. The total number of persons who may occupy the regulated rental unit or dormitory unit and any common areas located within the regulated rental unit or dormitory unit.

D. A notice of ordinances and statutes applicable to the occupants of a regulated rental unit or dormitory unit on a placard provided by the Town of Bloomsburg.

E. The owner shall also post in all common areas the total number of persons who can occupy the common area on a form provided by the Town of Bloomsburg.

F. The notices required by this Section shall be posted in such a way so as to minimize tampering and removal.

§ 11-103 Occupant duties.

[Ord. 766, 1/1/1994, § 3; as amended by Ord. 829, 3/12/2001, § 6, and by Ord. 872, 4/12/2004, § 11-103]

1. General. The occupant shall comply with all obligations imposed upon occupants by this Part, all applicable codes and ordinances of the Town and all applicable provisions of State law.

2. Health and Safety Regulations.

A. The maximum number of persons permitted in any regulated rental unit or dormitory unit at any time shall not exceed one person for each 40 square feet of habitable floor space in said regulated rental unit or dormitory unit. The maximum number of persons permitted in the common areas of any multiple-unit dwelling or any dormitory at any time shall not exceed one person for each 15 square feet of common area on the premises.

B. The occupant shall deposit all rubbish, garbage and other waste from his or her regulated rental unit or dormitory unit into containers provided by the owner or landlord in a clean and safe manner and shall separate and place for collection all recyclable materials, in compliance with the recycling plan submitted by the owner to the Town under Bloomsburg's Solid Waste and Recycling Ordinance [Chapter 20] or if there is no recycling plan for the premises, then in compliance with Bloomsburg's Solid Waste and Recycling Ordinance [Chapter 20] and all other applicable ordinances, laws and regulations.

3. Peaceful Enjoyment. The occupant shall conduct himself or herself and require other persons including, but not limited to, guests on the premises and within his or her regulated rental unit or dormitory unit with his or her consent, to conduct themselves in a manner that will not disturb the peaceful enjoyment of the premises by others, and that will not disturb the peaceful enjoyment of adjacent or nearby dwellings by the persons occupying same.

4. Residential Use. The occupant shall, unless otherwise permitted by applicable law or ordinance, occupy or use his or her regulated rental unit or dormitory unit for no other purpose than as a residence.

5. 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.).

6. Disruptive Conduct.

A. The occupant shall not engage in, nor tolerate nor permit others on the premises to engage in, disruptive conduct or other violations of this Part.

B. When police or the Code Enforcement Officer investigate an alleged incident of disruptive conduct, he or she 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 filled in on said report shall include, if 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 requested on the prescribed from. Where the police make such investigation, said police officer shall then submit the completed disruptive conduct report to the Code Enforcement Officer. In all cases, the Code Enforcement Officer shall mail a copy of the disruptive conduct report to the owner or manager within three working days of the occurrence of the alleged disruptive conduct, whether the person making the investigation on behalf of the Town is the Code Enforcement Officer or police.

7. Compliance with Rental Agreement. The occupant shall comply with all lawful provisions of the rental agreement entered into between owner and occupant. Failure to comply may result in the eviction of the occupant by the owner.

8. Damage to Premises. The occupant shall not intentionally cause, nor permit nor tolerate others to cause, damage to the premises. Conduct which result in damages in excess of $500 shall be considered a violation of this Part.

9. Inspection of Premises. The occupant shall permit inspections by the Code Enforcement Officer of the premises at reasonable times, upon reasonable notice.

10. Removal or Defacement of Notice. It shall be a violation of this Part for any person to remove or deface any notice of a document required to be posted within a regulated rental unit or dormitory unit and it shall be unlawful for any person to occupy the regulated rental unit or dormitory unit unless all notices and documents are posted as required.

11. It shall be a violation of this Part for any occupant or any other person to engage in disruptive conduct as defined by this Part.

§ 11-104 Licenses and inspection.

[Ord. 766, 1/1/1994, § 4; as amended by Ord. 792, 3/10/1997, §§ 2, 3; by Ord. 829, 3/12/2001, § 7; by Ord. 834, 7/9/2001; by Ord. 872, 4/12/2004; and by Ord. 905, 8/13/2007]

1. License Requirement.

A. As a prerequisite to entering into a rental agreement or permitting the occupancy of any regulated rental unit or dormitory unit (except as provided in Subsection 1C below), the owner of every such regulated rental unit or dormitory unit shall be required to apply for and obtain a license for each regulated rental unit or dormitory unit.

B. A license shall be required for all regulated rental units and all dormitory units.

C. The following categories of rental properties shall not require licenses, and shall not, therefore, be subject to the permitting provision of this Part:

(1) Owner-occupied dwelling units, provided that not more than two unrelated individuals, in addition to the immediate members of the owner's family, occupy the dwelling unit at any given time.

(2) Hotels and motels.

(3) Hospitals and nursing homes.

(4) Bed-and-breakfast units as defined in the Town's Zoning Ordinance [Chapter 27].

D. A license shall not be required for multiple-unit dwellings, although a license shall be required for each regulated rental unit or dormitory unit within the structure. The foregoing notwithstanding, all other provisions of this Part shall apply to the common areas of the structure.

E. The application for the license shall be in a form as determined by the Town.

F. The owner shall maintain a current and accurate list of the occupants in each regulated rental unit or dormitory unit which shall include their name, permanent address and permanent telephone number which shall be available to the Town for inspection upon reasonable notice. The owner shall notify the Town of changes in the occupancy within 10 days of the change and shall provide the name of the person who is not longer residing in the premises in the event a person departs and the name, permanent address and permanent telephone number of new occupants in the event a new person is added.

G. The owner shall furnish with his or her application for license a copy of the written lease form the owner intends to have the occupants of each licensed dwelling unit execute. If the owner uses more than one form of lease, the owner shall furnish a copy of each form. The license will not be issued if the lease form does not meet the requirements of § 11-102.5 of this Part.

H. The owner shall furnish with his or her application, for inspection purposes only, the leases that have been entered into that will cover all or part of the license term. The license will not be issued if such leases are not furnished for inspection. Leases shall be furnished for all persons who have paid a downpayment at the time that the owner applies for a license or who have committed to residing in the premises.

I. The owner shall furnish with his or her application for a license a floor plan, drawn to scale, with the measurements of each room within the regulated rental unit or dormitory unit. The owner shall submit the scale drawing only with the first application submitted after the enactment of this Part. In the event that there are changes to the floor plan, the owner shall submit a revised floor plan with the application first submitted after the changes to the floor plan were made.

J. In the event that a license is denied by the Code Office, the owner shall have the right to appeal to the Town Council of the Town of Bloomsburg within 30 days of mailing of the notice of denial of the application. The hearing before the Town Council shall be governed by the Local Agency Act.

K. No license shall be issued to an owner unless the rental unit is in compliance with all applicable codes and ordinances of the Town of Bloomsburg.

2. Annual License Term, Fee and Occupancy Limit.

A. Each license shall have an annual term running from September 15 through September 14 of the next year.

[Amended by Ord. No. 1023, 5/10/2021]

B. Upon application for a license and prior to issuance or renewal thereof, each applicant shall pay to the Town an annual license and inspection fee, in an amount to be established, from time to time, by resolution of the Town Council. Such resolution may provide for more than one fee scale for different categories of premises, to be more specifically set forth in the resolution.

C. The license shall indicate thereon the maximum number of occupants in each regulated rental unit or dormitory unit.

D. No license shall be issued if the owner has not paid any fines and costs arising from enforcement of this Part or any of the ordinances of the Town of Bloomsburg relating to land use and/or code enforcement or if any licensing fees under this Part are due and owing the Town.

The Town shall keep copies of leases that it retains in confidence and shall not disclose their contents except as part of official Town Business.

3. Inspection.

A. All premises shall be subject to periodic inspection by the Code Enforcement Officer or another duly authorized agent of the Town. Such inspection may take place when an application is submitted for a license, or at any time during the year.

B. The Code Enforcement Officer is hereby designated as the official authorized to enforce this Part and to take appropriate measures to abate violation hereof, for and on behalf of the Town of Bloomsburg.

C. This Section shall not be construed so as to limit or restrict the Code Enforcement Officer's authority to conduct inspections of premises, whether or not subject to the permitting and inspection requirements of this Part, pursuant to any other ordinance or code.

D. If upon the initial inspection, violations of the Codes of the Town of Bloomsburg are identified, owner shall pay a reinspection fee for each and every time it is necessary for the Code Officer of the Town of Bloomsburg to reinspect the property until no such violations are found. The amount of the reinspection fee is to be determined by the Town Council of the Town of Bloomsburg, from time to time.

4. Search Warrant. Upon a showing of probable cause that a violation of this Part or any other ordinance of the Town of Bloomsburg has occurred, the Code Enforcement Officer may apply to the district justice having jurisdiction in the Town of Bloomsburg for a search warrant to enter and inspect the premises.

§ 11-105 Grounds for nonrenewal, suspension or revocation of license.

[Ord. 766, 1/1/1994, § 5; as amended by Ord. 872, 4/12/2004, § 11-105]

1. General. The Code Enforcement Officer may initiate disciplinary action against an owner that may result in a formal warning, nonrenewal, suspension or revocation of the owner's license, for violating any provision of this Part that imposes a duty upon the owner and/or for failing to regulate the breach of duties by occupants as provided for herein.

2. Definitions of Options.

A. Formal Warning. Formal written notification of at least one violation of this Part. Upon satisfactory compliance with this Part and any conditions imposed by the Code Enforcement Officer and/or the Town Council, the formal warning shall be removed when the owner applies for license renewal at a time set by the Code Enforcement Officer or by Town Council.

B. Nonrenewal. The denial of the privilege to apply for license renewal after expiration of the license term. The Town will permit the owner to maintain occupants in the premises until the end of the license term but will not accept applications for renewal of the license until a time set by the Code Enforcement Officer or by Town Council.

C. Suspension. The immediate loss of the privilege to rent regulated rental units or dormitory units for a period of time set by the Code Enforcement Officer or Town Council. The owner, after the expiration of the suspension period, may apply for license renewal without the need to show cause why the owner's privilege to apply for a license should be reinstated. Upon suspension, the owner shall take immediate steps to evict the occupants.

D. Revocation. The immediate loss of the privilege to rent regulated rental units or dormitory units for a period of time set by the Code Enforcement Officer or the Town Council and the loss of the privilege to apply for renewal of the license at the expiration of the time period. Upon the loss of the privilege to rent, the owner shall take immediate steps to evict the occupants.

3. Criteria for Applying Discipline. The Code Enforcement Officer, when recommending discipline, and the Town Council, when applying discipline, shall consider the following:

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

B. The effect of the violation on the neighborhood.

C. Whether the owner has prior violations of this Part and other ordinances of the Town or has received notices of violations as provided for in this Part.

D. Whether the owner has been subject to disciplinary proceedings under this Part.

E. The effect of disciplinary action on the occupants.

F. The action taken by the owner to remedy the violation and to prevent future violations, including any written plan submitted by the owner.

G. The policies and lease language employed by the owner to manage the regulated dwelling unit or dormitory unit to enable the owner to comply with the provisions of this Part.

H. In addition to applying discipline as set forth above, the Code Enforcement Officer may recommend and Town Council may impose upon the existing or subsequent licenses reasonable conditions related to fulfilling the purposes of this Part.

4. Grounds for Imposing Discipline. Any of the following may subject an owner to discipline as provided for in this Part:

A. Failure to abate a violation of Town codes and ordinances that apply to the premises within the time directed by the Code Enforcement Officer.

B. Refusal to permit the inspection of the premises by the Code Enforcement Officer as required by § 11-104.3.

C. Failure to take steps to remedy and prevent violations of this Part by occupants of regulated rental units or dormitory units as required by § 11-102.1 of this Part.

D. Failure to file and implement an approved plan to remedy and prevent violations of this Part by occupants of a regulated rental unit or dormitory unit as required by § 11-102.1 of this Part.

E. Failure to evict occupants after having been directed to do so by the Code Enforcement Officer of the Town as provided for in § 11-102.1 of this Part.

F. Three violations of this Part or other ordinances of the Town that apply to the premises within a license term. For purposes of this Part, there need be no criminal conviction before a violation can be found to exist. Before a prior violation can be considered under this Section, the owner must have received notice in writing of this violation within 30 days after the Code Enforcement Officer received notice of the violation.

5. Procedure for Nonrenewal, Suspension or Revocation of License.

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

(1) The address of the premises in question and identification of the particular regulated rental unit(s) or dormitory unit(s) affected.

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

(3) A statement that the license for said regulated rental unit(s) or dormitory unit(s) shall be either suspended or revoked, or will not be renewed for the next license year beginning July 1, or that the owner will receive a formal warning. 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 shall also state the duration of said suspension.

(4) A statement that, due to the nonrenewal, suspension or revocation (as the case may be), the owner or any person acting on his, her or its behalf is prohibited from renting, leasing or permitting occupancy of the dwelling unit(s) by more than two unrelated individuals subject to said enforcement action, from and during the period said action is in effect.

(5) A statement informing the owner that he, she or it has a right to appeal the decision suspending, revoking or declining to renew the license to Town Council, by submitting in writing to the Town Secretary/Administrator, within 30 days from the date printed on the notice, a detailed statement of the appeal including the grounds therefor and the reason(s) alleged as to why the determination of the Code Enforcement Officer is incorrect or should be overturned, and a statement of relief requested by the appellant. Such notice of appeal may be required to be submitted on a form to be prescribed therefor by Town Council, to be signed by the appellant. There is hereby imposed a fee for filing of such appeals, the amount of which shall be determined and established, from time to time, by resolution of Town Council.

(6) Upon receipt of such an appeal in proper form, accompanied with the requisite filing fee, the Town Secretary/Administrator shall schedule a hearing to be held at the time and date of the next regularly scheduled Town Council meeting not less than 10 days from the date on which the appeal is filed.

(7) The appellant, the Code Enforcement Officer and the owners of properties within a radius of 300 feet from the premises for which the license is at issue shall receive written notice of the hearing on the appeal.

(8) Town Council shall hold a hearing on the appeal which shall be conducted in accordance with the Local Agency Law, 2 Pa.C.S.A. §§ 551-555. The appellant and all other parties having an interest may be heard. Based on the facts and arguments of the appellant and of the Code Enforcement Officer and any police or other public officials involved, and any relevant factual presentations of other parties, the Town Council shall make a decision either affirming, reversing or modifying the action of the Code Enforcement Officer from which the appeal was taken. Such decision shall be rendered at a public meeting either immediately following the hearing or within 30 days thereafter. The decision shall be reduced to writing stating clearly the factual and legal basis for the decision, within 45 days after the hearing. If Town Council deems it necessary or desirable, it may continue the hearing to a subsequent time and date not later than 30 days from the initial hearing, which time and date shall be openly announced at the initial hearing and in such case, the time limits for rendering the decision and reducing it to writing set forth herein shall be calculated from the last hearing date (at which the substance of the decision is orally announced).

B. Delivery of Notification.

(1) All notices 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) If personal service cannot be accomplished after a reasonable attempt to do so, then the notice may be sent to the owner or manager at the address stated on the most current license application for the premises in question, by regular first-class mail, postage prepaid. If such notice is not returned by the postal authorities within five days of its deposit in the U.S. mail, then it shall be deemed to have been delivered to and received by the addressee on the fifth day following its deposit in the U.S. mail, and all time periods set forth under Subsection B(1) above, shall thereupon be calculated from said fifth day.

§ 11-106 Violations and Penalties.

[Ord. 766, 1/1/1994, § 6, as amended by Ord. 782, 11/6/1995, § 6; by Ord. 841, 12/19/2001; and by Ord. 872, 4/12/2004, § 11-106]

1. Basis for Violation. It shall be unlawful for any person, as either owner or manager of a regulated rental unit or dormitory unit for which a license is required, to operate without a valid, current license issued by the Town 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 or dormitory unit to exceed the maximum limit as set forth on the license, or to violate any other provision of this Part. It shall be unlawful for any occupant to violate this Part.

2. Penalties. Any person who shall violate any provision of this Part shall, upon conviction thereof, be sentenced to pay a fine of not more than $1,000 plus costs and, in default of payment of said fine and costs to a term of imprisonment of not more than 30 days. Each day that a violation of this Part continues or each Section of this Part which shall be found to have been violated shall constitute a separate offense.

3. Nonexclusive Remedies. The penalty provisions of this Section and the license nonrenewal, suspension and revocation procedures provided in this Part shall be independent, nonmutually exclusive separate remedies, all of which shall be available to the Town as may be deemed appropriate for carrying out the purposes of this Part. The remedies and procedures provided in this Part for violation hereof are not intended to supplant or replace to any degree the remedies and procedures available to the Town in the case of a violation of any other code or ordinance of the Town, whether or not such other code or ordinance is referenced in this Part and whether or not an ongoing violation of such other code or ordinance is cited as the underlying ground for a finding of a violation of this Part.

§ 11-107 Miscellaneous provisions.

[Ord. 766, 1/1/1994, § 7; as amended by Ord. 792, 3/10/1997, § 4; and by Ord. 872, 4/12/2004, § 11-107]

1. Notices.

A. For purposes of this Part, any notice required hereunder to be given to a manager shall be deemed as notice given to the owner.

B. There shall be a rebuttable presumption that any notice required to be given to the owner under this Part shall have been received by such owner if the notice was given to the owner in the manner provided by this Part.

C. A claimed lack of knowledge by the owner of any violation hereunder cited shall be no defense to license nonrenewal, suspension or revocation proceedings as long as all notices prerequisite to institution of such proceedings have been given and deemed received in accordance with the applicable provisions of this Part.

2. Changes in Ownership Occupancy. It shall be the duty of each owner of a regulated rental unit or dormitory unit to notify the Code Enforcement Officer, in writing, of any change in ownership of the premises or of the number of regulated rental units or dormitory units on the premises. It shall also be the duty of the owner to notify the Code Enforcement Officer in writing of any increase in the number of occupants in any regulated rental unit or dormitory unit or of the changing of a dwelling unit from owner-occupied to nonowner-occupied, which thereby transforms the dwelling into a regulated rental unit or dormitory unit for purposes of this Part.

3. Owners Severally Responsible. If any regulated rental unit or dormitory 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 severally responsible for the duties imposed under the terms of this Part and shall be severally subject to prosecution for the violation of this Part.

4. Confidentiality of Leases. The Town shall keep copies of leases that it retains in confidence and shall not disclose their contents except as part of official Town business.

PART 2 INSPECTION AND LICENSING OF NON-STUDENT APARTMENT HOUSES AND RENTAL HOMES

§ 11-201 Purpose.

[Ord. 949, 2/25/2013]

It is the purpose of this Part to assure that rental housing in the Town of Bloomsburg is decent, safe and sanitary and is so operated and maintained as not to become a nuisance to the neighborhood or to become an influence that fosters blight and deterioration or creates a disincentive to reinvestment in the community. The operation of residential rental properties is a business enterprise that entails certain responsibilities. Property owners and operators are responsible to take such reasonable steps as are necessary to assure that the citizens of the Town of Bloomsburg who occupy such units may pursue the quiet enjoyment of the normal activities of life in surroundings that are safe, secure and sanitary, and free from unreasonable exposure to unsafe conditions. Since all rental properties in the Town of Bloomsburg were not required to be licensed prior to the adoption of this Part, this Part provides a property owner the option of applying for the issuance initially of a three-year provisional license to allow the property owner a reasonable time and opportunity to bring his or her rental property into compliance with code requirements making it capable of passing inspection for the issuance of a regular license. This Part does not apply to student housing that is specifically regulated by Ordinance No. 766, as amended,[1] nor does it apply to nursing homes, boarding homes, hotels or motels.

[1] Editor's Note: See Part 1 of this Chapter.

§ 11-202 Definitions.

[Ord. 949, 2/25/2013]

For the purposes of this Part the terms defined herein have the following meanings:

APARTMENT HOUSE

A building containing three or more dwelling units.

CODE ENFORCEMENT OFFICER

Includes any and all individuals designated by the Town Council of the Town of Bloomsburg to carry out the duties of enforcing the provisions of this Part.

DWELLING UNIT

A room or group of rooms located within a building and forming a single habitable unit with facilities which are used or intended to be used for living, sleeping, cooking and eating by persons other than the owner of record regardless of familial relationship or whether rent or other compensation is paid to the owner.

HOUSING MAINTENANCE CODE

All codes and regulations adopted by the Town of Bloomsburg pertaining to the maintenance of the premises.

OWNER or OWNER OF RECORD

Includes the individuals or entities holding legal and equitable title to the premises, or the legally constituted agent designated by the owner for such purposes.

RENTAL HOME

A one- or two-family dwelling which is occupied by persons other than the owner of record, except a parent of the owner of record, regardless of whether rent or other compensation is paid to the owner.

[Amended by Ord. 954, 3/24/2014]

§ 11-203 License Required.

[Ord. 949, 2/25/2013]

1. Effective 90 days after the effective date of this Part, it shall be unlawful for any person who is an owner of an apartment house or an owner of a rental home to operate or permit occupancy by tenants of such apartment house or rental home without first having obtained a license under the provisions of this Part.

2. Rental properties occupied by the owner as the owner's primary residence and containing two or fewer rental dwelling units are exempt from the licensing requirement.

§ 11-204 License Types, Procedures and Requirements.

[Ord. 949, 2/25/2013]

1. Regular Licenses.

A. The application for a rental license must contain the following information and any other information that the Code Enforcement Officer may require to assess compliance with the housing maintenance code and this Part:

(1) The name, address, and telephone number of the applicant and a statement of the applicant's relationship to the owner of the property to be licensed.

(2) The names, addresses, and telephone numbers of the owners of the premises to be licensed.

(3) If the applicant is a partnership, the names and addresses of each managing partner.

(4) If the applicant is a corporation, the names and addresses of the officers.

(5) The names, addresses, and telephone numbers of the individuals responsible for maintaining the property. If these individuals are not the owner or applicant, such persons shall be identified as, agent, employee, etc. The identified individuals must be available in the event of emergency. The said individuals must reside within 10 miles of the rental property.

(6) The address and number of dwelling units in the rental property for which the license is requested.

(7) If the applicant is an owner of more than one apartment house or more than one rental home in the Town of Bloomsburg, a separate application is required for each rental property to be licensed.

B. Any changes in the above application information during the license term must be reported to the Code Enforcement Office promptly and no later than 30 days after the date of said change.

C. The application shall be accompanied by the application fee set forth in a schedule of fees set by resolution of the Town Council from time to time.[1]

[1] Editor's Note: The current fee resolution is on file in the office of the Town Secretary.

D. By issuance of the applied-for license, the owner agrees that all the lease agreements between the owner and tenants of a licensed rental property will contain a provision wherein the tenant consents to the inspection of their rental unit as necessary to enable the owner to comply with this Part.

E. The Code Enforcement Officer shall require the inspection of any premises for which a regular license is requested. The licensee or applicant must give reasonable notice to each tenant of the date and time of an inspection, not less than 48 hours nor more than 30 days prior to the scheduled inspection. The tenant's consent to inspection contained in the lease agreement is sufficient to permit the Code Enforcement Officer to enter upon the premises for conducting the inspection. The owner or an authorized representative of owner must be present at the time of the inspection, unless waived by both the owner and the Code Enforcement Officer. Refusal to permit entry to the premises shall be grounds for denying the permit under this Part.

F. If the Code Enforcement Officer concludes, as a result of the information contained in the application or other available information, including an inspection of the premises, that an apartment house or rental home appears to comply with requirements of the housing maintenance code, the Code Enforcement Officer will issue the license. All dwelling units and common areas, including sidewalks, stairways and yards, must be in compliance with applicable codes before a regular license can be issued for an apartment house or rental home.

G. If the Code Enforcement Officer concludes, as a result of the information contained in the application or other available information, including an inspection of the premises, that an apartment house, rental home and/or dwelling unit is not in compliance with the housing maintenance code and this section, the applicant will have a designated time period, to be determined by the Code Enforcement Officer, from receipt of notice of noncompliance to correct the defects specified in the notice, but tenant occupancy may continue during the correction period only if the defects do not create an imminent hazard. The Code Enforcement Officer may authorize additional time for compliance by the owner in the exercise of reasonable discretion.

H. From the date that the Code Enforcement Officer has ordered an inspection under the preceding paragraph, no occupancy of dwelling units then vacant, or which become vacant, is permitted until a regular license has been issued if the provisional license has expired.

2. Provisional Licenses.

A. Unless the Code Enforcement Officer determines otherwise, all apartment houses and rental homes in use as an apartment house or rental home at the adoption of this Part have the option of applying for either a regular or provisional license and are eligible for a provisional license under the following circumstances:

[Amended by Ord. No. 992, 5/13/2019]

(1) An application for a provisional license, on a form provided by the Town of Bloomsburg and containing the same information required for a regular license application, has been fully completed and payment of the provisional license fee is made in accordance with a schedule of fees set by resolution of the Town Council from time to time; and

(2) There are no known defective conditions of the rental property that would be an imminent hazard to occupants.

(3) No new provisional licenses may be applied for or issued after July 1, 2019.

B. No inspection is required prior to the issuance of a provisional license.

C. Provisional licenses, when issued for a premises, will expire at the end of three years and are intended to serve as an interim license until the property has qualified for and been issued a regular license. Provisional licenses cannot be renewed and only one may be issued for each property.

D. Continued occupancy by tenants will not be permitted after expiration of the provisional license. A regular license must be secured by an owner prior to the expiration of the provisional license to enable further occupancy by tenants.

E. An owner operating and/or permitting occupation of a rental home or apartment house under a provisional license may file an application for a regular license at any time, however, if an owner fails to file a formal application for the issuance of a regular license more than six months prior to the expiration date of the provisional license, no extension of time to obtain a regular license will be granted if inspections are not completed and the property is not brought into compliance by or before the date of expiration of the provisional license.

F. If the application for a regular license is filed six months or more before the expiration of the provisional license and, due to no fault of the applicant, the premises cannot be inspected prior to the expiration of the provisional license due to a high number of properties in queue for inspection, the Code Enforcement Officer, in his or her discretion, may permit the owner to continue operating under the provisional license until such time as the inspections and compliance steps are completed within the time frame set by the Code Enforcement Officer.

3. Denial; Suspension; Revocation; Nonrenewal.

A. The Code Enforcement Officer may revoke, suspend, deny or decline to renew any license issued under this section upon any of the following grounds:

(1) False statements on any application or other information or report required by this section to be given by the applicant or licensee.

(2) Failure to pay any application fee, penalty or certificate, transfer, reinspection or reinstatement fee required by the Town Council of the Town of Bloomsburg as set forth in a schedule of fees set by resolution of Town Council from time to time.[2]

[2] Editor's Note: The current fee resolution is on file in the office of the Town Secretary.

(3) Failure to correct deficiencies outlined in notices of violation in the time specified in the notice.

(4) Any other violation of this Part.

B. Regular licenses will be revoked or suspended during a license term, or not renewed if at the end of a term, upon a finding that the premises is not code compliant. If a regular license is suspended or revoked, the owner may continue to lease the premises under a probationary license; provided, however, that probationary license status, after a regular license has been revoked, suspended, or not renewed, shall expire in 90 days from the revocation or suspension.

C. An action by the Code Enforcement Officer to revoke, suspend, deny or not renew a license must be in writing and must specify either the dwelling units to which it applies or the entire property and must set forth the grounds for the action. In taking the action, the Code Enforcement Officer may consider the extent of noncompliance, frequency and seriousness of violations, the ease with which such noncompliance or violations could have been cured or avoided, and good faith efforts to comply with all the applicable ordinances. The applicant or licensee may appeal the action of the Code Enforcement Officer as set forth in § 11-211.

D. The Code Enforcement Officer may suspend or revoke a license or not renew a license for part or all of an apartment house or rental home.

E. Upon a decision to revoke, suspend, deny or not renew a license, no new application from the current owner for the same apartment house or rental home will be accepted unless accompanied by a reinstatement and reinspection fee, as set forth in a schedule of fees set by resolution of Town Council from time to time.

4. Nothing in this section prevents the Code Enforcement Officer from requiring a rental property to be vacated if any known hazardous condition threatens imminent risk of injury or harm to the occupants or members of the public. Furthermore, nothing in this Part is intended to interfere with a Code Enforcement Officer's right to inspect at any time any property in the Town of Bloomsburg upon complaint, notice, or reasonable suspicion that the property fails to comply with applicable maintenance and safety codes.

§ 11-205 Renewal of Regular License.

[Ord. 949, 2/25/2013]

The term of a regular license granted under this subsection is three years. Regular licenses are renewable on the anniversary date of their issuance. As a requirement of renewal of a regular license, a Code Enforcement Officer must inspect the rental property to ensure compliance with the housing maintenance code. The licensee must give notice of the inspection to all applicable residents of dwellings owned by the licensee that are to be inspected.

§ 11-206 Transfer of Regular, Provisional or Probationary License.

[Ord. 949, 2/25/2013]

A regular, provisional or probationary license is transferable upon application to the Code Enforcement Officer and payment of the license transfer fee by the prospective owner. The regular or provisional license terminates if an application for transfer is not made within 30 days after transfer of ownership of an apartment house or rental home. A probationary license terminates within 90 days of its issuance or, if an application for transfer is not made within 30 days, after transfer of ownership of an apartment house or rental home, whichever occurs first.

§ 11-207 Obligations of Licensee. [1]

[Ord. 949, 2/25/2013]

1. Report Changes in Ownership. The licensee must report to the Code Enforcement Office any changes in the identity of the owner, including a change in the majority shareholder or shareholders and officers in the case of corporations. The licensee must report a change in ownership at least 30 days after closing. The new owner must furnish the Code Enforcement Officer, in writing, the same information required of an applicant for a regular license within the said thirty-day period.

2. Display. Licenses issued pursuant to this Part shall be displayed at the premises of the apartment house or rental home and produced upon demand of a prospective tenant or the Code Enforcement Officer.

3. Zoning Ordinance Compliance. Nothing in this Part waives the obligation to be in compliance with the Town of Bloomsburg's Zoning Ordinance.

[1] Editor’s Note: Former § 11-207, Certificate of Compliance, added 2/25/2013 by Ord. 949, was repealed 3/24/2014 by Ord. 954. This ordinance also provided for the renumbering of §§ 11-208 through 11-213 as §§ 11-207 through 11-212, respectively.

§ 11-208 Fees.

[Ord. 949, 2/25/2013]

The fees for licenses required by this Part and any appeals shall be in accordance with a schedule of fees as set by resolution of Town Council from time to time.[1]

[1] Editor's Note: The current fee resolution is on file in the office of the Town Secretary.

§ 11-209 Enforcement.

[Ord. 949, 2/25/2013]

1. The Code Enforcement Officers appointed by the Town Council of the Town of Bloomsburg are responsible for enforcement and administration.

2. Enforcement actions provided are not exclusive, and the Town of Bloomsburg may take any action with respect to a licensee, a resident, or the licensed premises as is authorized by law.

§ 11-210 Appeal.

[Ord. 949, 2/25/2013]

1. In any instance where the Code Enforcement Officer has revoked, suspended, denied, or not renewed a license, the applicant or licensee may appeal the action to the Code Enforcement Appeal Board by delivering to the Town Administrator a notice of appeal within 20 days of receipt by the applicant or licensee of notice of the written decision by the Code Enforcement Officer. The date of receipt of the notice of the written decision by the Code Enforcement Officer is established by either the date the written decision was hand delivered to the applicant or licensee to his/her/its address appearing on the application, by date of delivery by certified mail or delivery service or, if delivered by regular mail, three days from the date appearing on the written decision.

2. Following timely submission of a notice of appeal, the applicant or licensee will be given an opportunity for a hearing before the Code Enforcement Appeal Board, which hearing shall be conducted in accordance with the Local Agency Act. A decision of the Code Enforcement Appeal Board shall be made upon findings and issued in writing no fewer than 30 days from the close of the last hearing.

3. A timely filed appeal to the Code Enforcement Appeal Board will act as a supersedeas and occupancy of the rental property may continue pending the appeal unless the violation is such as to cause imminent risk of harm to the occupants of the rental property.

4. Any written decision of the Code Enforcement Officer or written decision of the Code Enforcement Appeal Board from which an appeal is not taken is deemed a final determination by the Town of Bloomsburg.

§ 11-211 Penalty and Enforcement.

[Ord. 949, 2/25/2013]

1. Any person who makes a materially false statement in a license application may be prosecuted under 18 Pa.C.S. § 4904 relating to unsworn falsification to authorities.

2. A violation of this Part shall be a summary offense.

3. The Town of Bloomsburg may enforce the provisions of this Part in any court of competent jurisdiction in law or equity in addition to pursuing prosecution of the offending person for a summary violation.

4. Any person violating any provision of this Part shall, upon conviction thereof in a summary proceeding, be sentenced to pay a fine of not less than $75, nor more than $1,000 for each and every offense, to be collected as other fines and costs are by law collectible, or shall be imprisoned for not more than 90 days, or both. Each day during which the person violated any provision of this Part shall constitute a separate offense.

§ 11-212 No Warranty by Town.

[Ord. 949, 2/25/2013]

By enacting and undertaking to enforce this Part, neither the Town of Bloomsburg nor its Council members, agents or employees warrant or guarantee the safety, fitness or suitability of any apartment house, rental home, or dwelling unit in the Town of Bloomsburg, and any representation to the contrary by any person is prohibited. Owners, purchasers or occupants of rental properties should take whatever steps they deem appropriate to protect their interests, health, safety and welfare prior to purchase or occupancy of the apartment house, rental home, or dwelling unit, without reliance on any license or certificate of compliance issued hereunder. A warning in substantially the foregoing language will be printed on the face of each license and certificate of compliance issued in accordance with this Part.