[Added 12-14-2004]
The purpose of this article and the policy of
the Borough of Marietta 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 rental
units in the Borough and to encourage owners and occupants to maintain
and improve the quality of rental housing within the Borough. As a
means to these ends, this article provides for a systematic inspection
program, registration and licensing of residential rental units and
penalties. In considering the adoption of this article, the Borough
makes the following findings:
A.
There is a growing concern in the Borough with the
failure of some landowners to properly maintain residential units.
B.
Borough records indicate there is a greater incidence
of problems with the maintenance and upkeep of residential properties
which are not owner-occupied as compared to those that are owner-occupied.
C.
Borough records indicate there are a greater number
of disturbances at residential rental units than owner-occupied units.
Borough records indicate that violations of the Borough's ordinances
are generally less severe at owner-occupied units as compared to residential
rental units.
Unless otherwise expressly stated, the following
terms shall, for the purpose of this article, have the meanings indicated
as follows:
The Borough of Marietta, Lancaster County, Pennsylvania.
Any state or local code or ordinance adopted, enacted or
in effect in and for the Borough.
The County of Lancaster.
Any act by an occupant of a residential rental unit or by
a person present at a residential rental unit involving public drunkenness,
consumption of an alcoholic beverage in public, public urination or
defecation, the unlawful depositor of trash or litter on public or
private property, damage to or destruction of public or private property,
the obstruction of public roads, streets, highways or sidewalks, interference
with emergency or police services, unreasonable noise that disturbs
other persons of reasonable sensibility in their peaceful enjoyment
of their premises, use of profane or obscene language or gestures,
indecent exposure, fighting or quarreling, or any other act defined
as disorderly conduct in the Pennsylvania Crimes Code or any act prohibited
by the ordinances of the Borough or which otherwise injures the health,
safety or welfare of the residents of the Borough residing in the
neighborhood or vicinity of the gathering. It is not necessary that
such conduct, action, incident or behavior constitute a criminal offense,
nor that criminal charges be filed against any person in order for
said person to have perpetrated, caused or permitted the commission
of disruptive conduct, as defined herein; provided, however, that
no disruptive conduct will be deemed to have occurred unless a police
officer shall investigate and make a determination that such did occur,
and keep written records, including a disruptive conduct report, of
such occurrences. The occupant and the owner and, if applicable, the
manager shall be notified of any such occurrences, in writing.
A written report of disruptive conduct to be completed by
a police officer who actually investigates an alleged incident of
disruptive conduct and which shall be maintained by the Housing Officer.
Any room or group of rooms located within a hotel or motel
forming a single habitable unit used or intended to be used for living
and sleeping only on a transient basis for a period of less than 30
days.
A person retained by an owner to be responsible for one or
more residential rental units within the Borough.
Any person over one year of age living and sleeping in a
residential rental unit or having actual possession of said residential
rental unit.
A person who holds record title and/or the equitable owner
under an agreement of sale of a property upon which a residential
rental unit is erected or maintained. If more than one person owns
the residential rental unit as joint tenants, tenants in common, tenants
by the entireties, or tenants in copartnership, each such person shall
be considered an owner and shall have all of the duties of an owner
under this article.
A natural individual, unincorporated association, partnership,
corporation, estate, trust or any other legally recognized entity,
and the members of such partnership and the officers of such corporation.
Any parcel of real estate within the Borough, including the
land and all buildings and appurtenant structures, on which one or
more residential rental units are located.[1]
A document issued by the Housing Officer to the owner of a residential rental unit pursuant to Chapter 184 of the Code of the Borough of Marietta, as it may be amended from time to time.
i) A rooming unit; or ii) a dwelling unit let for rent; or
iii) residential unit occupied by any persons other than one occupied
solely by the owner and members of the owner's family. Each individual
townhouse dwelling, each individual apartment unit, each individual
unit in a multifamily building, and each rooming unit shall be considered
a separate residential rental unit. If a structure contains a rooming
unit or if any portion of the structure is let for rent, it shall
be considered a residential rental unit whether or not the owner or
a relative of the owner also resides in the structure. A residential
rental unit shall not include a hotel unit or a hospital room utilized
for medical services. A residential rental unit includes dwelling
units under lease-purchase agreements or long-term (greater than six
months) agreements of sale.
A portion of a dwelling unit, including any room or group
of rooms forming a single habitable unit used or intended to be used
for living and sleeping, but not for cooking purposes. Granting of
permission to use shared or common cooking facilities may be associated
with the leasing of a rooming unit.
A.
It shall be the duty of every owner to:
(1)
Keep and maintain all residential rental units in
compliance with all applicable codes, ordinances and provisions of
all applicable federal, state and local laws and regulations, including,
but not limited to, the Marietta Borough Zoning Ordinance and this
chapter.[1]
(2)
Keep and maintain all premises is good and safe condition.
(3)
Be aware of and to act to eliminate disruptive conduct
in all residential rental units.
(4)
Employ policies to and actually manage the residential
rental units under his/her control in compliance with the provisions
of this article, Borough ordinances and applicable federal, state
and local laws and regulations.
(5)
Pay or ensure payment of all real estate taxes, sewer
rates, and trash collection fees to insure that such vital utilities
are provided.
(6)
Obtain and maintain a rental permit for each residential
rental unit.
(7)
Provide the Borough within 30 days of occupancy with
the names, physical address and mailing address, if different, of
all tenants of the residential rental unit and notify the Borough
of changes in the occupancy of the residential rental unit within
30 days thereof.
(8)
Provide trash and recyclable collection and disposal
services and instruct tenants of the method of trash and recyclable
collection (e.g., curbside or dumpster) and, if applicable, the day
of week of trash and recyclable pickup.
(9)
Provide each tenant with a disclosure statement containing
the requirements of this article, including the provisions relating
to disruptive conduct. Providing of a copy of this article to each
tenant will satisfy this requirement.
(10)
Take all actions necessary to ensure that each
residential rental unit is occupied by only one family. For the purposes
of this subsection, a "family" shall be considered to be a "family"
as that term is defined in the Marietta Borough Zoning Ordinance.
(11)
Require a written rental agreement for each
residential rental unit which shall include the names of all permitted
occupants.
(12)
Retain a manager when this article requires
that a manager be designated.
C.
It shall be unlawful for any person to conduct or
operate or cause to be rented either as owner or manager any residential
rental unit within the Borough without having a rental permit as required
by this chapter.
D.
The owner and, if applicable, the manager shall include
the addendum attached hereto as Exhibit A, identified as "Addendum
to Residential Rental Agreement" in each lease of a residential rental
unit taking effect on or after January 1, 2005.[2]
[2]
Editor's Note: Said addendum is included as an attachment
to this chapter.
E.
It shall be the responsibility of every owner and
every manager to display the rental permit in the residential rental
unit. The rental permit shall include the following information:
(1)
The name, mailing address and telephone number of
the owner or manager.
(2)
The evenings on which garbage and recycling are to
be placed curbside for collection.
(3)
The telephone number to call to register complaints
regarding the physical condition of the residential rental unit.
(4)
The telephone number for emergency police, fire and
medical services.
(5)
The date of expiration of the rental permit.
(6)
A summary of the owner's and occupant's duties under
this article.
F.
No rental permit shall be issued to any owner residing
more than 30 road miles from the municipal limits of the Borough unless
the owner provides the Housing Officer with the name, mailing address
and telephone number of a manager residing or working within 30 miles
of the municipal limits of the Borough, authorized to accept service
of process on behalf of the owner. For the purpose of this subsection,
a post office box is not acceptable for the manager's address. This
designation shall not be valid unless signed by the owner and the
manager designated to act on behalf of the owner. The owner shall
notify the Housing Officer within 30 days of any change in manager.
Each occupant of a residential rental unit shall
have the following duties:
A.
Comply with all obligations of this chapter and all
applicable codes and Borough ordinances, as well as all applicable
federal, state and local laws and regulations.
B.
Conduct himself/herself and require other persons,
including, but not limited to, guests on the premises and within their
residential rental unit with their consent, to conduct themselves
in a manner that will not disturb the peaceful enjoyment of adjacent
or nearby dwellings by people occupying the same.
C.
Not engage in, nor tolerate, nor permit others on
the premises to cause damage to the residential rental unit or engage
in disruptive conduct, or other violations of this article, codes,
Borough ordinances, or applicable federal, state and local laws and
regulations.
D.
Use the trash and recyclable collection services provided
by the owner.
E.
Use the residential rental unit for no purpose other
than as a residence.
G.
Allow the Housing Officer to inspect the residential
rental unit in accordance with this article at reasonable times.
H.
Not allow persons other than those identified on the
lease to reside in the residential rental unit.
I.
Not allow the residential rental unit to be occupied
by more than one family. For the purposes of this subsection, a "family"
shall be considered to be a "family" as that term is defined in the
Marietta Borough Zoning Ordinance.
J.
Not permit the possession of, serving to or consumption
of alcohol by underage persons.
A.
Police officers shall investigate alleged incidents
of disruptive conduct. The police officer conducting the investigation
shall complete a disruptive conduct report upon a finding that the
reported incident constitutes disruptive conduct. The information
filed in the disruptive conduct report shall include, if possible,
the identity of the alleged perpetrator(s) of the disruptive conduct
and the factual basis for the disruptive conduct described in the
disruptive conduct report. A copy of the disruptive conduct report
shall be given or mailed to the occupant and mailed to the owner and,
if applicable, the manager within 10 working days of the occurrence
of the alleged disruptive conduct.
B.
The occupant or the owner and, if applicable, the
manager shall have 10 working days from the date of a disruptive conduct
report to appeal the disruptive conduct report. The appeal shall be
made, in writing, and submitted to the Housing Officer.
C.
After three disruptive conduct incidents in any twelve-month
period by an occupant documented by disruptive conduct reports, the
owner and, if applicable, the manager shall have 10 working days from
the date of the third disruptive conduct report to begin eviction
proceedings against the occupants. Owner/manager must submit a copy
of the document to the Housing Officer indicating the eviction process
has begun. Failure to take such action will result in the immediate
revocation of the rental permit by the Borough. The residential rental
unit involved shall not have its rental permit reinstated until the
reinstatement fee is paid and the disruptive occupants have been evicted,
the Magisterial District Judge has ruled in the occupant's favor,
the Magisterial District Judge has ruled in the owner's favor but
has not ordered the eviction of the occupant(s), or the occupants
have filed an appeal to a higher court or declared bankruptcy, thereby
preventing their eviction. The disruptive occupants, upon eviction,
shall not reoccupy any residential rental unit on the same premises
involved for a period of at least one year from the date of eviction.
This subsection is not intended to limit or inhibit the owner and,
if applicable, the manager's right to initiate eviction actions prior
to the issuance of the third disruptive conduct report in a twelve-month
period.
D.
The disruptive conduct report shall count against
all occupants of the residential rental unit. More than one disruptive
conduct report filed against the occupants of a residential rental
unit in a twenty-four-hour period shall count as a single disruptive
conduct report for the purpose of this section. The Housing Officer
shall maintain a list of names of all occupants evicted as a result
of this section. The names shall remain on the list for a period of
three years.
A.
The Housing Officer shall deny and may revoke a rental
permit if the owner does not provide the name, address and phone number
of a manager (if applicable), does not pay the annual registration
fee, is not current on real estate taxes, sewer fees or trash collection
fees for the residential rental unit, does not correct a code violation
within the time frame cited by the Housing Officer, and/or has not
complied with the disruptive conduct provisions of this article.
B.
The Housing Officer shall deny and may revoke a rental
permit if the following occur within the residential rental unit or
on the premises:
(2)
Failure to take action to evict occupants of a residential
rental unit when the disruptive conduct provisions of this article
require such action.
(3)
Occurrence of three violations of this article and/or
of any other Borough codes or ordinances that apply to the residential
rental unit or premises during the term of the rental permit. Before
an occurrence may be considered a violation there must be either:
C.
The Housing Officer shall forward written notice to
the owner if the Housing Officer will deny, refuse to renew or revoke
a rental permit. The notification shall:
(1)
Identify
the residential rental unit;
(2)
The
grounds for the denial, nonrenewal or revocation, including the factual
circumstances and the section of this chapter supporting such determination;
and
(3)
Inform
the owner of the right to appeal the denial, nonrenewal or revocation
of the rental permit to Borough Council under this chapter.
D.
The Housing Officer may reinstate a rental permit
if the owner or manager corrects the reason for the revocation of
the rental permit and has paid the rental permit reinstatement fee.
A.
Prior to initial occupancy of newly constructed residential
rental units, newly created residential rental units, or substantially
rehabilitated residential rental units (as documented by a certificate
of occupancy), the owner or manager shall register with and make written
application to the Housing Officer for a rental permit as herein provided
in this chapter. Such initial inspections will occur in accordance
with a phased-in systematic inspection program to be prepared and
made available upon request by the Housing Officer. A minimum 30 days'
written notice shall be given for all initial inspections. The penalty
for not allowing an inspection shall be denial of the rental permit.
B.
The Housing Officer shall inspect all other residential
rental units in accordance with a systematic program. The Housing
Officer may also inspect residential rental units upon a change in
occupancy of the residential rental unit, upon the occurrence of disruptive
conduct at such residential rental unit, or for any other reasonable
cause.
C.
If the Housing Officer, upon completion of the inspection,
finds that the applicable codes have not been met, the Housing Officer
shall issue notices and, if appropriate, commence enforcement actions
under the procedures set forth in the code which has been violated.
Notice provided to a manager shall be deemed notice provided to the
owner. The following notices shall be issued to the owner of the residential
rental unit or the manager:[1]
(1)
If the Housing Officer finds violations warranting
condemnation of the residential rental unit under this chapter, in
addition to the remedies under this chapter, the Housing Officer shall:
(a)
Issue a ten-day notice of violation; and
(b)
If after 10 days from the date of the ten-day
notice of violation, a reinspection reveals that the violations are
not corrected and arrangements satisfactory to the Housing Officer
have not been made, the rental permit for the residential rental unit
shall be revoked, and if the residential rental unit is vacant, it
shall remain vacant.
(2)
If the Housing Officer finds violations not warranting
condemnation of the residential rental unit under this chapter, the
Housing Officer shall issue a thirty-day notice of violation.
(a)
If after 30 days from the date of the thirty-day
notice of violation, the first reinspection reveals that all violations
have not been corrected, a thirty-day legal action warning shall be
issued.
(b)
If after 30 days from the date of the thirty-day
legal action warning, the second reinspection reveals that all violations
have not been corrected, the Housing Officer shall revoke the rental
permit for the residential rental unit, and, if the residential rental
unit is vacant, it shall remain vacant.
(c)
A fee will be charged for each reinspection.
The Housing Officer shall maintain a list of all residential rental
units and their ownership that have been the subject of prosecutions
during the preceding five years.
A rental permit shall not be transferred. In
the case of permitted residential units that are sold or transferred,
the new owner shall secure a rental permit for each residential rental
unit and have each residential rental unit inspected. Failure to seek
a rental permit for each residential rental unit within 60 days of
the date of sale or transfer of ownership shall result in the revocation
of the rental permit.
A.
An appeal from any decision of the Housing Officer
shall be taken to the Housing Hearing Board. Such appeal shall be
made, in writing, within 10 working days after such decision has been
made. The appeal shall be verified by an affidavit, shall state the
grounds therefor and shall be filed with the Borough Secretary. The
appeal shall be accompanied by the appeal fee which shall be established
from time to time by this chapter or by resolution of Borough Council.
The appellant or his representative shall have the right to appear
and be heard, if such right is requested in the written appeal. The
Housing Hearing Board shall make a prompt decision on such appeal.
The Housing Hearing Board shall render a written decision, copies
of which shall be provided to the Housing Officer and the appellant.
B.
Any person aggrieved by a decision of a police officer
or Housing Officer in regard to a disruptive conduct report or the
revocation of a rental permit may appeal to the Housing Hearing Board
in accordance with the provisions of the preceding subsection. Such
appeal must be filed, in writing, within in 10 working days from the
date of the disruptive conduct report or notice of revocation.
A.
Violations. It shall be a violation of this article
to commit or to permit any other person to commit any of the following
acts:
(1)
To lease, let, or allow the occupancy of a residential
rental unit without obtaining a rental permit where required by this
chapter.
(2)
To refuse to permit inspections required under this
chapter for a residential rental unit.
(3)
To fail to perform the duties established by § 184-33 of this article if such person is an owner or a manager of a residential rental unit.
(4)
To fail to perform the duties established by § 184-34 of this article if such person is an occupant of a residential rental unit.
(5)
To place false information on to or omit relevant
information from an application for a rental permit.
(6)
To fail to comply with any other provision of this
chapter.
B.
Penalties and remedies.
(1)
Allowing occupancy of a residential rental unit after
the rental permit has been revoked: a fine of not less than $500 per
residential rental unit for each month the violation exists. Each
month the violation exists constitutes a separate violation.
(2)
Failure to secure a rental permit. The owner or manager
shall be sent a thirty-day notice of violation, warning them of their
failure to comply with the terms of this article. If they do not comply
at the end of 30 days, there shall be a fine of not less than $500
per residential rental unit for each month the violation exists. Each
month the violation exists constitutes a separate violation.
(3)
Whoever violates any other provision of this article
shall, upon a first offense, be fined not more than $1,000 or imprisoned
not more than 30 days, or both.
(4)
In addition to prosecutions of persons violating this
article, the Housing Officer, or any duly authorized agent of the
Borough may take such civil or equitable remedies in any court of
record of the Commonwealth of Pennsylvania, against any person or
property, real or personal, to effect the provisions of the article.
(5)
The provisions of this section and the provisions
of this article governing revocation, suspension or nonrenewal of
rental permit shall be independent, nonmutually exclusive, separate
remedies, all of which shall be available to the Borough as may be
deemed appropriate. The remedies and procedures in this article are
not intended to supplant or replace, to any degree, the remedies provided
to the Borough in this chapter, the Marietta Borough Zoning Ordinance
or any other code.[1]
