[HISTORY: Adopted by the Borough Council
of the Borough of Yeadon as indicated in article histories. Amendments
noted where applicable.]
[Adopted 6-19-2003 by Ord. No. 1297]
This article shall be known and may be cited as "The Rental
License and Inspection Code."
The purpose of this article and the policy of the Borough of
Yeadon shall be to protect and promote the public health, safety and
welfare of its citizens, to establish rights and obligations of owners
and occupants relating to residential and commercial rental units
in the Borough, and to encourage owners and occupants to maintain
and improve the quality of rental units within the community. This
article provides for a regular inspection program, registration and
licensing of residential and commercial rental units and penalties
for noncompliance.
The following words and phrases, as used in this article, shall
have the meanings ascribed to them in this section, unless the context
indicates a different meaning. Where terms are not defined in this
section, such terms shall have ordinarily accepted meanings by use
of definitions provided in the codes and standards as contained in
the Code of the Borough of Yeadon.
A person who shall have charge, care or control of any structure
as owner, or agent of the owner, or as executor, executrix, administrator,
trustee or guardian of the estate of the owner. Any such person representing
the actual owner shall be bound to comply with the provisions of this
code to the same extent as if that person was the owner.
The owner, buyer, or agent thereof, including but not limited
to a realtor, broker, etc. who shall have control, authority and responsibility
for the orderly processing of any property regulated by this article.
A third-party inspector whose credentials are approved by the Borough and is in good standing in accordance with Chapter 127, Contractors, Licensing of.
[Added 4-15-2004 by Ord.
No. 1302]
A building arranged or used for lodging, with or without
meals, and not occupied as a single-family unit.
The Borough of Yeadon of Delaware County, Pennsylvania.
The official book of the Borough of Yeadon and shall contain
all the local legally binding codes, standards and ordinances governing
the Borough.
Any structure occupied or intended for supporting or sheltering
any occupancy. For application of this code, each portion of a building,
which is completely separated from other portions by firewalls complying
with the building code, shall be considered as a separate building.
Any code or ordinance adopted, enacted and/or in effect in
the Borough of Yeadon concerning fitness for habitation or the construction,
maintenance, operation, occupancy, use or appearance of any buildings,
structures, and/or portions of lots of ground or structures regulated
by this article.
As appointed by the Borough Council, charged with hearing
any appeals of decisions of the Code Department related to compliance
with this article.
The Department of Code Enforcement of the Borough of Yeadon
charged with the enforcement of the Borough Code of the Borough of
Yeadon.
The Director of Code Enforcement or person designated by
him/her, charged with the administration and enforcement of this article
or his duly authorized representative.
Space which is not a part of the rental unit and which is
shared with other occupants of a rental unit, whether they reside
in the rental unit or not. Common areas shall be considered part of
the premises for the purpose of this article.
Any building that contains one or two dwelling units used,
intended, or designed to be built, used, rented, leased, let or hired
out to be occupied, or that are occupied for living purposes.
A single unit providing complete, independent living facilities,
for one or more persons, including permanent provisions for living,
sleeping, eating, cooking and sanitation.
Includes, among others, the use of a building or structure,
or a portion thereof, for assembling, disassembling, fabricating,
finishing, manufacturing, packaging, repair or processing operations
that are not classified as a Group H hazardous occupancy. Factory
occupancies shall include all such occupancies as listed and defined
in the Building Code as adopted
in the Code of Yeadon Borough.[1]
Includes, among others, the use of a building or structure,
or a portion thereof, that involves the manufacturing, processing,
generation or storage of materials that constitute a physical or health
hazard due to the quantities of the material, and shall include all
such occupancies as listed and defined in the Building Code as adopted
in the Code of Yeadon Borough.
Includes, among others, buildings and structures or a portion
thereof, for the display and sale of merchandise, and involves stocks
of goods, wares or merchandise incidental to such purposes and accessible
to the public. Mercantile occupancies shall include all such occupancies
as listed and defined in the Building Code as adopted in the Code
of Yeadon Borough.[2]
A building or portion thereof containing more than two dwelling
units.
A building or portion thereof containing more than two dwelling
units and not meeting the requirements of multiple single-family dwellings.
The purpose for which a building or portion thereof is used.
Any person, agent, operator, firm or corporation having a
legal or equitable interest in the property, including the guardian
of the estate of any person or the executor or administrator of the
estate of such person if ordered to take possession of real property
by the court.
Areas or portions of a rental property that are used or occupied
primarily by the property owner.
A lot, plot or parcel of land, including any structures thereon.
The person listed as the owner of such real estate property
as named on any title, deed, Delaware County tax records or Yeadon
Borough tax records.
A system approved by the Director of Code Enforcement or
the Fire Marshal that provides emergency access to the fire department
only in the event of a fire, rescue or other potentially life- or
property-threatening situation. The system consists of a rapid entry
key box and/or a rapid entry pad lock. The system is not to be used
for any unlawful entry to the property or for the purpose of performing
inspections without proper consent, unless the property owner or local
agent is present and consents to such inspection or a legal search
warrant has been issued.
A legal agreement between the owner and tenant, embodying
the terms and conditions concerning the use and occupancy of a rental
unit.
A document issued by the Code Department to the owner of
a rental unit under this article, which is required for the lawful
rental and occupancy of any rental dwellings, buildings or structures.
A premises, property or portion thereof that is under a rental
agreement and/or contains one or more rental units.
A document issued by the Code Department to the owner of
a rental unit evidencing the existence of said rental unit. This registration
shall be required until the Code Officer inspects the unit and issues
a rental license for each rental unit.
Any dwelling, structure, building or portion thereof, that
is occupied or used under a rental agreement.
A premises containing a combination of residential and commercial
occupancies, approved for operation in accordance to the Code of the
Borough of Yeadon.
Residential Group R includes, among others, the use of a
building or structure, or a portion thereof, for sleeping accommodations
when not classified as an Institutional Group I. Residential occupancies
shall include the following:
R-3: Residential occupancies where the occupants are primarily
permanent in nature and not classified as R-1, R-2, or I and where
buildings do not contain more than two dwelling units, or adult and
child-care facilities that provide accommodations for five or fewer
persons of any age for less than 24 hours.
R-4: Residential occupancies shall include buildings arranged
for occupancy as residential care/assisted-living facilities including
more than five but not more than 16 occupants, excluding staff.
A building, which has a dwelling unit, occupied by the owner
and which has accommodations for not more than three roomers.
Real property designed and used for the purpose of renting
or leasing individual storage spaces to customers for the purpose
of storing and removing personal property on a self-service basis.
A building on a lot designed and occupied exclusively as
a residence for one family.
Rooms in which people sleep, including but not limited to
dormitory, hotel, motel, guest rooms or suites.
Includes, among others, the use of a building or structure,
or a portion thereof, for storage that is not classified as a hazardous
occupancy. Storage occupancies shall include all such occupancies
as listed and defined in the Building Code as adopted in the Code
of Yeadon Borough.[3]
Any individual or individuals that are a part of a legal
agreement, such as a rental agreement, with the property owner, in
which permission to use a dwelling, structure, building, ground or
portion thereof, is granted by the owner to the tenant. Tenant includes
other individuals that due to a relationship with the tenant shall
share such use of the rental unit as allowed for by the rental agreement
and are not covered under a separate rental agreement.
A building on a lot designed and occupied exclusively as
a residence for two families living independently of one another.
Buildings and structures of an accessory character and miscellaneous
structures not classified in any specific occupancy shall be constructed,
equipped and maintained to conform to the requirements of this code
commensurate with the fire and life hazard incidental to their occupancy.
Group U occupancies shall include all such occupancies as listed and
defined in the Building Code as adopted in the Code of Yeadon Borough.[4]
[Amended 4-15-2004 by Ord. No. 1302]
A.
All rental units must be licensed. It shall be unlawful for the owner
of any premises, or any agent acting for such an owner, to operate,
rent or lease any premises or any part thereof, whether rented for
profit or nonprofit use, without a valid rental license issued by
the Code Department as outlined below:
(2)
A rental housing license. Must be secured for the following property
types if they are rented:
(3)
A commercial rental license. Must be secured for the following property
types if they are rented:
(a)
Business occupancies;
(b)
Factory, industrial type "F" occupancies;
(c)
High-hazard occupancies;
(d)
Mercantile occupancies;
(e)
Self-service storage facilities;
(f)
Storage group S occupancies;
(g)
Portions of ground or structures not intended for human occupancy,
including but not limited to sites and equipment related to telecommunications
facilities.
B.
Mixed occupancies. Any premises that contains two or more of the
above occupancies types shall be considered a mixed occupancy and
shall require a separate rental license for each rental unit.
Exception: A residential rental license shall cover up to two
dwelling or rental units in a one- and two-family residential home.
C.
Exempt occupancy types. Any occupancies not specifically mentioned
above are exempt from this article, but are not exempt from other
inspection requirements contained in the Borough Code.
D.
Issuance of rental license. A rental license shall not be issued
until the property is in compliance with this article.
[Amended 4-15-2004 by Ord. No. 1302]
A.
All rental units must be registered. Prior to the occupancy by a
renter, the agent of each rental property shall register the rental
property with the Code Department and shall pay the required registration
fees in accordance with the Borough's Fee Schedule. Fees shall
not be prorated for any reason. Registration forms shall be available
in the Code Department office. The following information shall be
submitted with the registration form:
(1)
The names, addresses, and phone numbers of all owners of the premises.
(2)
The name, local address and telephone numbers, business, home, cell
phone, and pager, if available, of the local agent, if different from
the owner.
(3)
The address of the premises.
(4)
The type of premises.
(5)
The number of rental units in each building on the premises.
(6)
Emergency contractors list. The applicant shall provide a list of
contractors who are available to respond to emergencies involving
general construction, roofing, plumbing, heating and electrical incidents,
24 hours per day, 365 days per year. These contractors must be licensed
and approved to work in the Borough of Yeadon prior to performing
any work in the Borough.
(7)
Designation of local agent. The applicant shall provide the name,
mailing address, actual street address and telephone number of a designated
responsible agent, who shall reside on the premises or within 10 miles
of the property. The agent shall provide access to the premises for
emergency personnel during any fires or medical emergencies, or access
to the Code Department for the purpose of making inspections necessary
to ensure compliance. It shall be the duty of the owner of a rental
unit to notify the Code Official of any change in the identity of
the responsible local agent, not more than 15 calendar days of the
change.
Exception: The local agent may reside more than 10 miles and
up to 50 miles of the Borough of Yeadon, if the agent provides a rapid
entry key system, as approved by the Code Department.
(8)
The owner may serve as the local agent if he/she complies with the
above.
(9)
Annual submittal of emergency occupancy list. For each rental unit,
the property owner shall submit the name of each lessee, including
their apartment/unit numbers. The emergency occupants list shall be
updated with each license renewal in accordance with this article
and shall be updated as part of the annual registration.
(10)
Registration shall be deemed complete when the owner has submitted
the information required and received a registration certificate.
B.
Residential and commercial mixed occupancies. A separate rental registration
must be secured and appropriate fees paid for each rental occupancy
type contained in a mixed occupancy building.
C.
Change in owner-occupied portions; notification. Any owner-occupied
portions of a rental property that are converted into a rental unit
must register and inspect the unit in order to secure a rental license
prior to allowing occupancy of the rental unit.
D.
License calendar year. Except for the properties containing 250 or
more rental units, all rental licenses shall be valid for a twelve-month
period from the date of issuance, after which time they shall become
invalid and must be renewed.
[Amended 4-15-2004 by Ord. No. 1302]
All rental units shall be inspected using one of the following
options:
A.
Code Department inspections. Upon payment of all required registration and inspection fees, as described in the Borough's Fee Schedule, the Code Department shall inspect all rental units in accordance with § 235-7.
B.
Third-party inspections. In lieu of paying inspection fees to the Code Department, the agent of any property regulated by a rental housing license may elect to secure an approved third-party inspection agency to perform all required inspections using forms issued by the Code Department and in accordance with § 235-6. The Borough may review the inspection reports of the third-party inspectors. Such inspector must:
C.
Third-party inspections for properties containing 250 or more rental
units. For properties containing 250 or more rental units that utilize
third-party inspectors, the Borough may review the inspection reports
of the third-party inspectors in accordance with the Borough's
Fee Schedule.
D.
Inspections for properties containing 250 or more rental units. For
properties containing 250 or more rental units located in one or more
buildings owned by the same owner, provided that the property complies
with all of the requirements listed below, the Code Department shall
inspect 1/4 of the total rental units each year so that said rental
units shall be inspected once every four years. Each rental unit must
be inspected within this four-year cycle.
(1)
On-site property management office. The property has a properly staffed
on-site property management office, capable of handling complaints
and other housing issues related to rental units, in a timely and
efficient manner.
(2)
On-site facility maintenance department. The property has an on-site
facility maintenance department, with personnel who are properly licensed
with the Borough, and are authorized to perform building electrical,
mechanical, plumbing and structural repairs.
(3)
Supplies and resources. The on-site facility maintenance department
shall have access to basic supplies or other resources to resolve
any building electrical, mechanical or plumbing failures or structural
defects that occur with the property.
(4)
Staffing availability. The on-site property management office and
the on-site facility maintenance department shall be sufficiently
staffed to supply all necessary personnel during normal daytime business
hours, and shall be readily available to respond on weekends, holidays
and after business hours.[1]
[1]
Editor's Note: Original Section 1464.07, Annual renewal of
license, which immediately followed this section, was repealed 4-15-2004
by Ord. No. 1302. Said ordinance also specified the renumbering of
the sections that follow.
A.
Applicants responsibilities for inspection requests. It is the responsibility
of the applicant to contact the Code Department and schedule all inspections.
Inspection requests must be made to the Code Department no less than
48 hours prior to the time of the inspection.
B.
Inspection representative. The Code Officer shall not enter on or
upon any property, or continue the inspection without being accompanied
by the applicant or representative thereof, for the full duration
of the inspection.
C.
The required areas of inspection shall be as follows:
(1)
Residential rental license. For a premises covered by a residential
rental license, all exterior and interior areas of the premises must
be available for inspection at the same time, to include all dwelling
units in a multiple single-family dwelling, multiple-family dwelling,
and two-family dwelling unit.
(2)
Rental housing license. For a premises covered by a rental housing
license:
(a)
Residential/non-commercially mixed occupancies. All exterior
areas, interior common areas, and the individual rental unit in question
must be made available for inspection at the same time.
(b)
Residential/commercially mixed occupancies. All areas of occupancies,
such as and similar to residential/commercial storefronts, shall be
available for inspection at the same time to include each individual
dwelling unit.
(3)
Commercial rental license. For a premises covered by a commercial
rental license:
D.
Owner-occupied portions of rental properties. The owner-occupied
portion of a rental property shall be inspected by the Code Department
in addition to the rental unit. However, there shall be no fee for
the inspection of the owner-occupied portion.
[Amended 4-15-2004 by Ord. No. 1302]
E.
Special inspections and certifications. The Code Officer has the
right to require additional engineering or specialty inspections and
certifications for conditions that are beyond the scope of the Code
Officer's expertise.
[Added 4-15-2004 by Ord.
No. 1302]
F.
Date stamp. All reports and certifications required in this section
shall have the date of inspection noted.
[Amended 4-15-2004 by Ord. No. 1302]
G.
Notice of correction. The Code Officer or third-party inspector who
performs an inspection shall issue a notice of correction if the property
is found to be in noncompliance with Borough Code. Any rental unit
regulated by this section found to have violations of any Borough
Code provisions shall have the violations corrected and brought into
compliance before a rental license is issued.
[Added 4-15-2004 by Ord.
No. 1302]
H.
Buildings unfit for occupancy and correction of violations. All violations
that render the rental unit unfit for occupancy must be corrected
within a period as specified by the Code Officer.
[Added 4-15-2004 by Ord.
No. 1302]
I.
Correction of violations. Violations that do not render the rental
unit unfit for occupancy must be corrected within a period of not
more than 90 days, unless a provisional rental license is issued which
permits violations to be corrected within a period of not more than
six months.
[Added 4-15-2004 by Ord.
No. 1302]
J.
Third-party certifications and inspection results. As with Code Department
inspections, all third-party certifications and inspections, which
must be obtained under this article, shall be valid for 90 days, at
which time they shall become null and void and a new rental application
must be submitted and rental fees paid.
[Added 4-15-2004 by Ord.
No. 1302]
K.
Permit and license requirements. The owner, applicant, contractor
or agent thereof will be held liable for the failure to secure any
required permits and/or contractors' licenses in accordance with
the Borough Code.
[Added 4-15-2004 by Ord.
No. 1302]
A.
It shall be the duty of every owner, local agent or operator to keep
and maintain all rental units in compliance with all applicable codes
and ordinances of the Borough.
B.
The owner shall not knowingly permit others on the premises to:
C.
Rental agreement. There shall be no less than, nor more than, one
rental agreement for each rental unit, or tenant.
In interpreting and applying the provisions of this article,
the provisions shall be held to be the minimum requirements for the
promotion of the public health, safety, morals and general welfare.
Where the provisions of this article impose greater restrictions than
those of any other ordinance or regulation, the provisions of this
article shall control. Where the provisions of any statute, other
ordinance or regulation impose greater restrictions than this article,
the provisions of such statute, other ordinance or regulation shall
control.
A.
This article is not intended to, nor shall its effect be, to limit
any other enforcement remedies, which may be available to the Borough
relating to the abatement of nuisances or correction of violations.
B.
Enforcement; notice.
(1)
The Code Enforcement Officer may enforce this article as follows
once the Code Enforcement Officer determines that the structure is
so old, dilapidated or has become so out of repair as to be dangerous,
unsafe, unsanitary or otherwise unfit for human habitation or occupancy.
(a)
Order the property to be vacated;
(b)
Order the owner to abate or stabilize the property or structures
thereon if such structures are capable of being made safe by repairs,
to repair and make safe and sanitary at the owner's expense;
(c)
Order the demolition of the structure and/or the condemnation
of the property at the owner's expense, which in the Borough
Engineer's judgment and certification, is such that it is unreasonable
to repair the structure.
(2)
The owner of said property shall receive notice and opportunity to
be heard upon the Code Officer's determination to issue one of
the above-referenced remedies. All determinations of the Code Department
are subject to appeal in accordance with this article.
C.
If any building, structure or land is proposed to be erected, constructed,
reconstructed, altered, converted, maintained or used in violation
of this article, the Code Enforcement Officer may, in addition to
other remedies, institute in the name of the Borough any appropriate
action or proceedings to prevent, restrain, correct or abate such
building, structure or land or to prevent, in or about such premises,
any act, conduct, business or use constituting such violation.
D.
Any expenses incurred by the Borough while performing the above shall be recoverable from the owner of the property, land, building or structure involved, together with a penalty of 10% of such expense, in a manner provided by law for the collection of municipal claims. In addition, the offender shall be subject to the penalty provided in § 235-14.
The owner, applicant or agent thereof, may appeal a decision
of the Code Enforcement Officer under this article in writing to the
Code Committee. A determination of the Code Committee may be appealed
in writing to the Borough Council, which shall afford the applicant
an opportunity to be heard at a hearing in accordance with Local Agency
Law.[1]
[1]
Editor's Note: See 2 Pa.C.S.A. §§ 551 et seq.
and 751 et seq.
The registration and permitting of all rental units and the
designation of a responsible local agent shall occur immediately upon
enactment of this article and shall be valid for the remainder of
the license calendar year.
Nothing herein is intended to modify, enlarge or diminish any
rights or responsibilities under Yeadon's Planning and Zoning
Code.[1]
Whoever violates or fails to comply with any of the provision
of this Rental License and Inspection Code, or any provision of any
rule or regulation adopted by the Council or the Code Enforcement
Officer pursuant to authority granted by this Rental License and Inspection
Code, or fails to correct, within the time set by the Code Enforcement
Officer, the defects for which a dwelling has been cited, shall be
fined not less than $100 nor more than $1,000 or imprisoned not more
than 30 days in the County Jail, or both such fine and imprisonment.
A separate offense shall be deemed committed each day during or on
which a violation or noncompliance occurs or continues.
