The Borough Code Enforcement Officer or such
other individual or firm appointed by the Borough Council shall administer
this chapter in accordance with its terms and shall be responsible
for instituting enforcement proceedings on behalf of the Borough.
As used in this chapter, the following terms
shall have the meaning indicated unless a different meaning clearly
appears from the context:
AGENT
An adult individual designated by the owner of a residential
rental unit as a responsible local agent.
BED-AND-BREAKFAST
A private residence where rooms are set aside for paying
guests on an overnight or transient basis.
[Added 4-14-2008 by Ord. No. 631]
BOROUGH
The Borough of Honesdale, Wayne County, Pennsylvania.
CODE
Any code or ordinance adopted or in effect in and for the
Borough of Honesdale, as amended from time to time.
CODE ENFORCEMENT OFFICER
The officer is charged with the administration of this chapter
or any duly authorized representative of said officer.
DISRUPTIVE CONDUCT
Any form of conduct, action, incident or behavior perpetrated,
caused or permitted by any occupant or visitor of a residential rental
unit that is so loud, offensive, riotous or that otherwise disturbs
other persons of reasonable sensibility in their peaceful enjoyment
of their premises or causes damage to said premises such that a report
is made to a police officer complaining of such conduct, action, incident
or behavior. 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 shall be deemed
to have occurred unless a public officer or a police officer shall
investigate and make a determination that such did occur. The tenant,
the owner and the responsible agent shall be notified of any such
occurrences in writing.
HOTEL OR MOTEL UNIT
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 on a transient basis.
[Added 4-14-2008 by Ord. No. 631]
OWNER
The legal or beneficial holder of title to a residential
unit.
RESIDENTIAL RENTAL REGISTRATION AND LICENSE
A document issued every year for a fee by the Borough of
Honesdale to the owner or responsible agent of a residential rental
unit evidencing the existence of said residential rental unit upon
completed application by owner or agent to the Borough of Honesdale.
RESIDENTIAL UNIT
Any structurally enclosed area including or intending to
include sleeping facilities.
TENANT
Any and all duly registered and identified occupants of any
and all residential rental units.
[Added 12-20-2018 by Ord.
No. 691]
TENANT OF RECORD
The occupant(s) of the residential unit identified to the
Borough at the time of the registration of every and all such residential
rental units. Identification of any and all such tenants shall be
reported to the Borough upon each and every change of tenant(s).
[Added 12-20-2018 by Ord.
No. 691]
The tenant shall comply with all applicable
codes and ordinances of the Borough of Honesdale.
A. Inspection of premises. The tenant shall permit inspections
of any premises by the Code Enforcement Officer at reasonable times
upon reasonable notice. The Code Enforcement Officer may inspect premises
with an owner's approval at any reasonable time.
B. Disruptive conduct. The occupant shall not engage
in nor tolerate nor permit others on the premises to engage in disruptive
conduct or other violations of this chapter.
(1) When police 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 filed on said
report shall include, if possible, the identity or identities of the
alleged perpetrator of the disruptive conduct and all other obtainable
information, including the factual basis for the disruptive conduct,
requested on the prescribed form. Where the police make such investigations,
said police officer shall then submit the completed disruptive conduct
report to the Code Enforcement Officer. In all cases, notice of the
disruptive conduct shall be mailed to the owner or agent within three
working days of the occurrence of the alleged disruptive conduct.
(2) After three disruptive conduct incidents in any twelve-month
period by an occupant, the owner or agent shall have 10 working days
from the date of receiving the notice to begin eviction proceedings
against the occupants. Failure to take such action will result in
the immediate revocation of the residential rental license. This subsection
is not intended to limit the owner or agent from initiating eviction
actions prior to the third disruptive incident.
It shall be unlawful for any person as either
owner or agent of a regulated rental unit for which a license is required
to operate without a valid current license issued by the Borough authorizing
such operation. It shall be unlawful for any owner or occupant to
violate this chapter.
A. Any owner found to be operating a residential rental
unit without an effective rental license shall be subject to a fine
in the amount of $100 a day for every day the owner is found to be
operating the residential rental unit without a license issued from
the Borough of Honesdale.
B. Any person violating any of the other provisions of
this chapter shall be subject to a fine of $50 for a first offense,
$100 for second offense and $150 for each offense thereafter.
C. The failure of the owner to secure an inspection upon change of tenant
of record shall also constitute a violation under this chapter. An
owner who is found to have failed to have secured such an inspection
shall be subject to a fine in the amount of the inspection fee then
in effect for each and every day the owner is found to have failed
to secure such an inspection.
[Added 12-20-2018 by Ord.
No. 691]
[Added 4-14-2008 by Ord. No. 631]
Hotels, motels and bed-and-breakfasts are exempt from this chapter.