[Added 12-1-2008 by Ord. No. O-08-3, approved 12-1-2008]
A. It is the purpose of this chapter and the policy of
the Council of the Borough of Marcus Hook, in order to protect and
promote the public health, safety and welfare of its citizens, to
establish obligations of owners and occupants relating to rental of
certain residential rental units in the Borough of Marcus Hook. The
Council of the Borough of Marcus Hook has recognized the need to:
(1) Preserve the quality of life for residents of the
Borough living in rental dwelling units;
(2) Identify, reduce and eliminate the potential adverse
secondary effects from blighted deteriorating housing stock; and
(3) Ensure the rehabilitation of housing that does not
comply with state and local building and housing laws and with maintenance
standards.
B. As a means to those ends, this chapter provides for
a system of inspections and issuance and renewal of operating licenses,
and sets penalties for violations.
As used in this chapter, the following terms
shall have the meanings indicated:
DWELLING UNIT
A structure or that part of a structure which is used or
intended to be used as a home, residence or sleeping place by one
or more persons maintaining a common household to the exclusion of
all others.
MULTIPLE DWELLING
Any building or structure or singly owned part thereof containing
two or more dwelling units.
OWNER-OCCUPIED DWELLING UNIT
Designation given to property used as the owner's residence.
[Added 12-1-2008 by Ord. No. O-08-3, approved 12-1-2008]
RESIDENTIAL RENTAL DWELLING UNIT
A dwelling not occupied by the owner, as determined by the
most current deed, or his immediate family (spouse, father, mother
and children), regardless of length of stay or the absence of a rental
charge.
[Added 12-1-2008 by Ord. No. O-08-3, approved 12-1-2008]
ROOMING HOUSE
Any building or structure or part thereof containing one
or more rooming units.
[Amended 9-6-1988 by Ord. No. O-88-5,
approved 5-6-1988]
Any owner, occupant, operator or agent of a
multiple dwelling, rooming house or rental dwelling unit who has received
the second order or notice of a violation of this chapter shall be
punishable by a fine of up to the maximum amount as provided from
time to time by state statute for each day each violation continues
after expiration of the specified reasonable consideration period,
provided that no such penalty shall be applicable while a hearing
or appeal to a court of competent jurisdiction is pending in the matter.
[Amended 12-3-2018 by Ord. No. O-18-5; approved 12-3-2018]
A. All appeals under this chapter shall be held by and before the Borough
Council of the Borough of Marcus Hook. Any person affected by any
notice which has been issued in connection with the enforcement of
any provision of this chapter or of any rule or regulation adopted
pursuant thereto may request and shall be granted a hearing on the
matter before the Borough Council of the Borough of Marcus Hook, provided
that such person shall file in the office of the Code Enforcement
Officer a written petition requesting such hearing and setting forth
a brief statement of the grounds therefor within 14 days after the
day the notice was served. Upon receipt of such petition the Borough
Council shall set a time and place for such hearing and shall give
the petitioner written notice thereof. At such hearing, the petitioner
shall be given an opportunity to be heard and to show why such notice
should be modified or withdrawn. The hearing shall be commenced not
later than 10 days after the day on which the petition was filed,
provided that upon application of the petitioner, the Code Enforcement
Officer may postpone the date of the hearing for a reasonable time
beyond such ten-day period if in his judgment the petitioner has submitted
sufficient reason for such postponement.
B. After the hearing, the Borough Council may sustain, modify or withdraw
the notice of the violation on the basis of the findings of the hearing
and shall give petitioner written notice thereof. Such proceedings
shall be summarized in writing and shall become a matter of public
record in the office of the Code Enforcement Officer. Such record
shall also include a copy of every notice or order issued in connection
with the matter. Any person aggrieved by the decision of the Borough
Council may seek relief therefrom in any court of competent jurisdiction,
as provided by the laws of this state.
In any case where a provision of this chapter
is found to be in conflict with a provision of any zoning, building,
fire, safety or health ordinance or code of the Borough of Marcus
Hook existing on the effective date of this chapter, the provision which establishes the higher standard for
the promotion and protection of the health and safety of the people
shall prevail. In any case where a provision of this chapter is found
to be in conflict with a provision of any other ordinance or code
of the Borough of Marcus Hook existing on the effective date of this
chapter which establishes a lower standard for the promotion and protection
of the health and safety of the people, the provisions of this chapter
shall be deemed to prevail, and such other ordinances or codes are
hereby declared to be repealed to the extent that they may be found
in conflict with this chapter.