[HISTORY: Adopted by the Borough Council
of the Borough of Trappe as indicated in article histories. Amendments
noted where applicable.]
[Adopted 9-6-1977 by Ord. No. 204[1] (Part 6, Ch. 2, Art. C, of the 1987 Code)]
[1]
Editor's Note: The preamble to Ord. No. 204
stated that the Borough had enacted an earned income tax ordinance
under the Local Tax Enabling Act and that council had found as a fact
that the levying, assessment and collection of earned income taxes
had been inefficient and avoided because of the lack of appropriate
census records and because of transient population.
[Amended 3-3-1981 by Ord. No. 204-A, 11-2-1982 by Ord. No.
204-B]
The owner or manager of any dwelling, housing
unit, residence or apartment not owner-occupied and which is the residence
of a lessee, guest, invitee, or licensee shall notify the Borough
on forms supplied to the owner or manager, the name, occupation, social
security number and the name and address of the employer of each and
every occupant of such dwelling, housing unit, residence or apartment.
After October 1, 1977, the landowner shall update
the declaration and file the same with the secretary by the 10th day
of each month thereafter. However, if a landowner has five units or
less, he need not update the same until the occupant leaves and/or
when a new occupant enters the apartment.
The Secretary is authorized to establish the
form of the declaration and have it printed.
Any person who fails, neglects or refuses to
make the declaration required by this article shall, upon conviction
before a Magisterial District Judge, be sentenced to pay a fine of
not more than $300 and costs of prosecution, and, in default of payment
of fine and costs, to be imprisoned for not more than 30 days.
[Adopted 12-9-2008 by Ord. No. 408]
A.Â
The purpose of this article of the Borough of Trappe
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 life and quality of rental housing within the community. As a means
to these ends, this article provides for the registration of rental
properties and for the inspection and licensing of residential rental
units thereon, to ensure said properties and units are in compliance
with Borough-adopted building, property maintenance and other codes
and regulations.
B.Â
In considering the adoption of this article, the Borough
makes the following findings:
(1)Â
There is a growing concern in the community with the
appearance and physical condition of many residential rental units.
(2)Â
There is a perception and appearance of 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.
(3)Â
Violations of maintenance codes are generally less
severe and more quickly corrected at owner-occupied units as compared
to residential rental units.
(4)Â
A residential rental inspection program can avoid
life-threatening problems, such as lack of functioning smoke detectors,
faulty mechanical equipment and inadequate or unsafe electrical equipment.
(5)Â
Renter-occupied units are more likely to be attached
units than are owner-occupied units. As a result, code violations
in renter-occupied units are more likely to directly endanger neighboring
residents.
(6)Â
Borough residents who rent a home deserve the same
protections as Borough residents who own a home.
(7)Â
This article is enacted under the authority of the Borough Code of Pennsylvania, in specific Section 46202, Specific powers, Subsections (5), (6) and (24)[1], and likewise in accordance to applicable provisions of
the Landlord-Tenant Act of 1951,[2] the Uniform Construction Code, the International Property
Maintenance Code, the International Fire Prevention Code, the International
Plumbing Code, the International Electrical Code, and the Pennsylvania
Municipalities Planning Code.
As used in this article, the following terms shall have the following meanings. If a term is not defined in this section, but is defined in the Property Maintenance Code or the Uniform Construction Code, as adopted by Trappe Borough, then that definition shall apply to this section. If a term is not defined in any of these codes, but is defined in Chapter 340, Zoning, and Chapter 295, Subdivision and Land Development, then the definition in such code shall apply to this section.
Any person designated by the owner of a residential rental
property who has charge, care or control of said residential rental
property.
The Borough of Trappe, Montgomery County, Pennsylvania.
Days in which the offices of the Borough of Trappe are open
for public business.
Any state or local code or ordinance adopted, enacted or in effect in and for the Borough of Trappe including, but not limited to, the BOCA National Building Code, the BOCA Plumbing Code, the BOCA Mechanical Code, the National Electrical Code, the BOCA Fire Prevention Code, the BOCA Property Maintenance Code, and Chapter 340, Zoning, applicable Pennsylvania Uniform Construction Codes,[1] and/or other future national or international codes and/or
zoning ordinance amendments that may be subsequently adopted.
The duly appointed Code Enforcement Officer(s) having the
duty to enforce this article, the Property Maintenance Code, Uniform
Construction Code, and/or similar codes of the Borough of Trappe and
any assistants, deputies or police officers duly appointed. This term
shall likewise include the Borough Zoning Officer.
In multiunit buildings, space which is not part of an individual
regulated rental unit and which is shared among occupants of the dwellings,
common areas shall be considered as part of the premises for purposes
of this article.
A building including one or more dwelling units.
A residential living area for one household that is used
for living and sleeping purposes and that has its own cooking facilities,
and a bathroom with a toilet and a bathtub and/or shower.
A person on the premises of a regulated rental unit with
the actual and implied consent of an occupant of said regulated rental
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 only on a transient basis for a period of less than 30
days.
This term shall have the same meaning as "owner."
An adult individual designated by the owner of a regulated
rental unit under this article. The manager shall be the agent of
the owner for service of process and receiving notices or demands
and to perform the obligation of the owner under this article and
under rental agreements with occupants.
A building containing two or more dwelling units completely
separated from each other by vertical party walls including but not
limited to double houses, row houses, townhouses, condominiums, apartment
houses, conversion apartments and converted single-family dwellings.
An individual who resides in a regulated rental unit.
One more person(s), 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 but not limited to a mortgage holder who
is in possession of a regulated rental unit.
A dwelling unit in which at least an owner of record of the
property resides as his/her primary dwelling.
A natural person, partnership, corporation, unincorporated
association, limited partnership, trust, or any other entity.
Any parcel of real property in the Borough of Trappe, including
the land and all buildings and structures, on which one more residential
rental units is located.
A document issued by the Code Enforcement Office to the owner,
operator, responsible agent or manager of a residential rental unit
upon compliance with all applicable codes granting permission to operate
a residential rental unit in the Borough. Such license is required
for lawful rental to third parties and occupancy by third parties
of any residential rental units under this article, unless a Code
Enforcement Officer has not inspected the unit or violations of the
applicable codes are being corrected and the unit operates under a
residential rental registration, or the residential rental unit is
exempt from the license provisions of this article.
Any parcel of real estate, identified by a tax parcel number
containing at least one residential rental unit.
The document issued by the Code Enforcement Department of
the Borough to the owner of a parcel of land containing at least one
residential rental property evidencing the existence of said residential
rental unit(s). This registration shall be required until the Code
Enforcement Officer inspects the unit and issues a residential rental
license for each residential rental unit. A residential rental registration
shall continue to be required for lawful rental and occupancy of residential
rental units under this article, unless the residential rental unit
is exempt from the registration provisions of this article. This registration
does not warrant the proper zoning, habitability, safety or condition
of the residential rental unit in any way.
A rooming unit or dwelling unit let for rent, other than
an owner-occupied residential unit, which qualifies as a dwelling
unit under applicable Borough ordinances. A residential rental unit
shall not include a hotel/motel, hospital unit, or nursing home unit.
A living unit that does not meet the definition of a dwelling
unit and that is not within a Borough-permitted hotel or bed-and-breakfast
inn.
An occupant of a residential rental unit with whom a legal
relationship with the owner is established by a lease or other enforceable
agreement under the laws of the Commonwealth of Pennsylvania.
Two or more persons who reside in a dwelling unit and who
are not related to each other through blood, adoption, marriage or
a formal foster relationship. A person who is only related as a cousin
shall be considered unrelated for the purpose of this article. The
term "related" shall be restricted to the following relationships:
spouse, parent, child, sibling, grandchild, great-grandchild, grandparents,
great grandparents, aunt, uncle, or any of these same relationships
in a "step" or "in-law" situation.
A.Â
It shall be the duty of every owner, operator, responsible
agent or manager to keep and maintain all residential rental units
in compliance with all applicable codes and provisions of all applicable
state laws and regulations and all Borough ordinances, and to keep
said units in good and safe condition.
B.Â
It shall be unlawful for any person, as owner, operator,
responsible agent or manager to conduct or operate or cause to rent
any residential rental unit within the Borough without:
C.Â
Owners of all properties possessing one or more residential
rental units as of the effective date of this article shall register
said units with the Borough, on forms to be provided by the Borough,
within 90 days from the effective date of this article. The registration
of properties possessing one or more residential rental units as of
the effective date of this article shall be at no cost to the owner.
owners of all properties possessing one or more residential rental
units and created after the effective date of this article shall register
said units with the Borough, on forms to be provided by the Borough,
before any residential rental unit thereon is leased to a tenant,
and/or occupied by an occupant. Registration of properties possessing
one or more residential rental units and created after the effective
date of this article shall pay a registration fee as set forth by
Borough resolution.[1]
[1]
Editor's Note: Current Fee Schedule is on
file in the Borough offices.
D.Â
Every owner, operator, responsible agent or manager shall include, as noted herein per § 253-12, Miscellaneous provisions, an addendum to residential rental agreement in each lease of a residential rental unit taking effect on or after July 1, 2009. Said amendment is hereby considered to be a part of every lease of a residential rental unit in the Borough executed on or after January 1, 2009.
E.Â
Every owner, operator, responsible agent or manager
shall provide each tenant with a copy of this article, the current
residential rental registration for the premises upon which the residential
rental unit is situate and the license for his/her residential rental
unit.
F.Â
It shall be the responsibility of every owner, operator,
responsible agent or manager to employ policies and to manage the
residential rental units under his/her control in compliance with
the provisions of this article, Borough codes and applicable state
laws.
G.Â
Designation of manager.
(1)Â
If the owner is not a full-time resident of the Borough
or does not reside within a twenty-mile radius of the Borough, then
the owner shall designate a person to serve as manager, who does reside
or work on a daily basis within a twenty-mile radius of the Borough.
If the owner is a corporation, a separate manager shall be appointed
unless an officer of the corporation is appointed as the manager and
such officer lives within a twenty-mile radius of the Borough. If
the owner is a partnership, a manager shall be required if a partner
does not reside within a twenty-mile radius of the Borough. Said partner
shall perform the same function as 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 section and under rental agreements with occupants.
(2)Â
The legal name, mailing address, daytime physical
address (not a post office box), and daytime and evening telephone
numbers of a person who is designated as the manager shall be provided
in writing by the owner to the Borough, and such information shall
be kept current and updated within five business days after it has
changed.
(3)Â
The manager shall be authorized to accept service
of process on behalf of the owner.
(4)Â
In addition, an owner may designate an agent to serve
all of the same purposes of the owner. If an agent is so designated,
the Borough is not required to provide separate notice to the owner.
I.Â
The owner shall maintain acceptable physical conditions
in common areas and the owner shall be required to ensure that common
areas and the outside premises are in compliance with applicable state
and Borough codes and ordinances.
A.Â
The occupant shall comply with all obligations imposed
upon occupants by this article, applicable codes and regulations of
the Borough, and all applicable provisions of state law.
B.Â
A residential rental unit shall not be occupied by more than three unrelated persons, as defined herein, unless specifically permitted otherwise by Chapter 340, Zoning. A residential rental unit shall also comply with the occupancy limits of other applicable state and local codes and regulations.
C.Â
Occupants shall collect and dispose of all rubbish,
garbage and other waste in a clean and sanitary manner, and occupants
shall comply with Borough solid waste, sanitation and recycling regulations.
Occupants shall keep the part of the premises which occupant occupies
or controls in a clean and sanitary manner.
D.Â
Occupants shall not engage in, nor tolerate, nor permit
guests on the premises to engage in, any conduct declared illegal
under any federal statute, and/or 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 illegal sale or distribution of controlled substances
under the Controlled Substance, Drug, Device and Cosmetic Act (35
P.S. § 780-101 et seq.) or their successor laws.
E.Â
Occupants shall permit a Code Enforcement Officer
to conduct inspections of the premises during Borough business hours,
after receiving notice from the owner, manager and/or the Borough.
A.Â
License requirement.
(1)Â
A valid residential rental license, issued by the
Borough, shall be required to be continuously maintained for each
lease and/or occupied residential rental unit in the Borough.
(2)Â
Within six months of the effective date of this article,
the owner of a property possessing one or more residential rental
units as of the effective date of this article shall be required to
apply for a residential rental license for each residential rental
unit at said property. Within 12 months of the effective date of this
article, the owner of a property possessing one or more residential
rental units as of the effective date of this article shall be required
to have obtained a residential rental license for each residential
rental unit at said property.
(3)Â
Owners of a property possessing one or more residential
rental units and created after the effective date of this article
shall be required to apply for and to obtain a residential rental
license for each residential rental unit situate thereon prior to
that unit being leased to a tenant, and/or occupied by an occupant.
(4)Â
For a rooming house, a single residential rental license
shall be required for all units within the rooming house building.
(5)Â
All applications for a residential rental license
shall be made on forms and applications provided by the Borough.
(6)Â
A residential rental license shall not be issued or
renewed until the owner has provided information concerning a , if
applicable, and until such time as the owner has provided the names
of all occupants residing in the residential rental unit.
(7)Â
The following shall not be considered residential
rental units for the purpose of this article:
(a)Â
Owner-occupied dwelling units, provided that
not more than two unrelated individuals, in addition to the owner
and his/her relatives, occupy the unit any given time.
(b)Â
Hotels and motels used for and by transient
visitors to the area, and without units that serve the same purposes
as rooming house units.
(c)Â
Hospitals and state-licensed nursing homes and
personal care homes.
(d)Â
Bed-and-breakfast homes.
(e)Â
One dwelling unit that is on the same lot as
a second dwelling unit, provided each unit is occupied by the owner
and by persons who are related to the owner.
(f)Â
On-campus dormitories owned by an accredited
college or university.
(8)Â
On or before April 1st of each year, the owner shall
submit a tenancy report to the Borough, on a form provided by the
Borough. Said tenancy report shall include, at minimum, the name,
address, and occupation of each occupant residing in every residential
rental unit owned by the owner.
(a)Â
Owners shall notify the Borough in writing of
any change of occupant residing in a residential rental unit within
10 days of said change.
B.Â
License terms and fee.
(1)Â
Each residential rental license shall be valid for
a period of three years from the date of issuance, or until such time
as there is a change in occupants in a residential rental unit, whichever
occurs first, and at which time the residential rental license shall
expire. It is the duty of the owner to contact the Borough so to schedule
the required inspection of a residential rental unit prior to the
expiration of said unit's residential rental license.
(3)Â
The Borough may not issue or renew a residential rental
license until such time as the owner has paid all fines and costs
arising from enforcement of this article.
C.Â
Inspection.
(1)Â
Each residential rental unit shall be subject to inspection
by the Code Enforcement Officer and/or duly authorized agent under
the schedule outlined in this article.
(2)Â
The Code Enforcement Officer and/or duly authorized
agent shall inspect the residential rental unit in accordance with
Borough-adopted building, property maintenance and other codes and
regulations, and applicable state codes and regulations.
(3)Â
Code Enforcement Officer and/or duly authorized agent
are empowered to enforce this article and to take appropriate measures
to abate violations hereof, for and on behalf of the Borough.
(4)Â
This article shall not be construed as to limit the
Code Enforcement Officer's authority to conduct inspections or enforcement
actions under any other Borough code or ordinance, nor shall it be
construed to limit the Borough's ability to require that any property
be made available for inspection whenever there is probable cause
that a violation of the Borough codes or ordinances may be present.
(5)Â
To minimize disruption to occupants, owners are encouraged
to schedule inspections during times when a residential rental unit
is unoccupied, between tenants, or during times when occupants are
absent from the residential rental units.
A.Â
Notice of violations.
(1)Â
The Code Enforcement Officer shall provide written
notice of violations of state and Borough codes and ordinances to
the owner within 10 days of the completion of an inspection of a residential
rental unit. A copy of said notice shall likewise be provided to the
occupants of the residential rental unit.
(2)Â
The owner shall be permitted 30 days from the date
of the written notice of violations to cure all violations enumerated
therein. The only exceptions to this thirty-day cure period are as
follows:
(a)Â
In the event the Code Enforcement Officer determines
a residential rental unit is unfit for human habitation, and/or that
the continued occupation of the residential rental unit poses an imminent
threat to the health, safety and welfare of the occupants or to the
neighboring occupants/owners, the Code Enforcement Officer shall order
said unit to be vacated immediately, and to remain vacated until conditions
are corrected to the satisfaction of the Code Enforcement Officer.
(b)Â
For serious violations that do not require the
property to be vacated, the Code Enforcement Officer may require said
violations be cured within 24 hours, or any other time period as determined
by the Code Enforcement Officer.
(c)Â
For violations requiring more than 30 days to
cure, the Code Enforcement Officer may grant, in his discretion, the
additional time required to effect a cure, and this period shall be
noted in writing and provided to the owner.
B.Â
Nonrenewal.
(1)Â
A Code Enforcement Officer may delay and/or deny the
renewal of a residential rental license if there are outstanding violations
of Borough codes for that residential rental unit that have not been
corrected at the time of license renewal.
(2)Â
If the violations are not a threat to the safety of
occupants or other members of the public, a Code Enforcement Officer
may permit the current occupants to continue to reside in the premises
for a reasonable period of time established by a Code Enforcement
Officer in the notice of nonrenewal, with the time limit removed when
the violations of Borough codes are corrected. A Code Enforcement
Officer may issue a temporary residential rental license that is conditioned
upon certain actions being taken within a maximum time period.
C.Â
Revocation.
(1)Â
The immediate revocation of the license to rent a
residential rental unit shall occur if a Code Enforcement Officer
determines that violations of Borough codes present a threat to the
safety of occupants or other members of the public. Such revocation
shall continue until violations of Borough codes are corrected and
the property has been reinspected. Upon revocation, the owner shall
take immediate steps to locate alternative housing for the occupants.
D.Â
Suspension.
(1)Â
A Code Enforcement Officer may suspend the license
to rent a residential rental unit until violations of Borough codes
have been corrected within a time limit established by a Code Enforcement
Officer. Such suspension shall continue until such time as the violation(s)
of Borough codes are corrected.
(2)Â
If the violations are not a threat to safety of occupants
or other members of the public, a Code Enforcement Officer shall permit
the current occupants to continue to reside in the premises for a
reasonable period of time established by a Code Enforcement Officer
in the notice of suspension.
(3)Â
A Code Enforcement Officer may suspend the license
to rent a residential rental unit if the owner or his/her designated
manager are not available or do not respond to contacts by a Code
Enforcement Officer, or if the name and contact information for the
owner or manager are no longer valid, or if the manager no longer
represents the owner.
E.Â
Reinstatement.
(1)Â
A residential rental license shall be reinstated if
the owner of a residential rental unit corrects the reason for the
revocation of the residential rental license, and the owner has paid
a residential rental license reinstatement fee, if any, and all other
fees and fines as adopted by Borough resolution.[1]
[1]
Editor's Note: Current Fee Schedule is on
file in the Borough offices.
F.Â
Criteria for determining sanctions.
(1)Â
The Code Enforcement Officer, when deciding upon the
sanctions provided in this section, shall consider the following:
(a)Â
The effect of the violation on the health and
safety of occupants of the residential rental unit, other occupants
of the premises, and neighboring residents.
(b)Â
Whether the owner has prior violations of this
Code and whether those violations were satisfactorily corrected in
a timely manner.
(c)Â
The effect of sanctions upon the occupants,
particularly when the occupants did not cause the violation.
(d)Â
The actions taken by the owner to cure the violation(s)
and to prevent future violations, including any written plan submitted
by the owner and good-faith efforts of the owner to bring the property
into compliance.
G.Â
Grounds for imposing sanctions.
(1)Â
Any of the following may subject an owner to sanctions
as provided for in this section:
(a)Â
Failure to abate a violation of Borough codes
and ordinances that apply to the premises within the time directed
by the Code Enforcement Officer.
(b)Â
Refusal to permit the inspection of the premises
by a Code Enforcement Officer as required by this article.
(c)Â
Failure to take steps to remedy and prevent
violations of this ordinance by occupants of residential rental units
as required by this article.
H.Â
Procedure for nonrenewal, suspension or revocation
of license.
(1)Â
Following a determination that grounds for nonrenewal,
suspension or revocation of a residential rental license exist, a
Code Enforcement Officer shall notify the owner or manager of the
action to be taken and the reason therefor. Such notification shall
be in writing, addressed to the owner or manager, and shall contain
the following information.
(a)Â
The address of the premises and identification
of the affected regulated rental unit(s).
(b)Â
A description of the violation which has been
found to exist.
(c)Â
A statement that the residential rental license
for said residential rental unit(s) shall be suspended, revoked, or
will not be renewed for the next license period unless the violation
is corrected within the time deadline provided in the notice. In the
case of a revocation, the notice shall state the date upon which such
revocation will commence.
(d)Â
A statement that during the residential rental
license nonrenewal or revocation, the property shall not be rented
for occupancy except for any temporary conditional license extension
that a Code Enforcement Officer may issue.
(e)Â
Information regarding the appeal process.
I.Â
Appeals. All appeals shall be conducted in accordance
with Local Agency Law, 2 Pa.C.S.A. §§ 751 and 752.
J.Â
Notifications.
(1)Â
Notices of violations and residential rental license
suspensions, revocations and nonrenewal shall be sent to the owner,
and manager, if applicable, by certified mail. In the event that the
notice 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)Â
The Borough shall not be responsible for failing to
provide notice where the owner has not provided a current name and
address for the owner or the manager for the rental unit.
(3)Â
For purposes of this action, any notice required hereunder
to be given to a manager shall be deemed as notice given to the owner.
(4)Â
There shall be a presumption that any notice required
to be given to the owner under this section shall have been received
by such owner if the notice was given to the owner in the manner provided
by this article.
(5)Â
A claimed lack of knowledge by the owner of any violation
hereunder cited shall not be a defense to residential rental license
nonrenewal, suspension or revocation or an eviction order as long
as all required notices involving such proceedings have been sent
to the last known address of the owner.
A.Â
Basis for violations. It shall be unlawful for any
person, as either owner or manager of a residential rental unit, to
operate said units without registering the premises possessing said
residential rental unit(s); and/or maintaining a valid and current
residential rental license, as issued by the Borough and authorizing
such operation. It shall be unlawful for any person, either owner
or manager, to allow the number of occupants of a residential rental
unit to exceed the maximum number allowed by Borough codes, or to
violate any other provision of this article. It shall be unlawful
for any owner, manager or occupants to violate this article.
B.Â
Penalties.
(1)Â
The penalties and remedies for a violation of Borough
codes shall be as established in such other code.
(2)Â
Any person who violates any provision of this article
shall, upon conviction thereof in a district court, be liable of a
fine of up to $500 plus court costs, attorneys fees, and associated
expenses.
(3)Â
If an owner fails to obtain a residential rental registration
for a property, and/or fails to obtain a residential rental license
for a residential rental unit, in accordance to this article, a fine
of up to $500 per property and/or per residential rental unit, per
day, shall apply.
(a)Â
For each day that a violation continues to exist
after the time limit established for correction of the violation by
a Code Enforcement Officer without same having been appealed, a separate
offense shall have been deemed to have occurred for which owner may
be fined separately.
C.Â
Nonexclusive remedies. The penalty provisions of this
article and the residential rental license nonrenewal, suspension
and revocation procedures provided in this article shall not limit
the ability of the Borough to enforce other Borough codes, regulations
or ordinances, nor shall said penalty provisions limit the ability
of the Borough to utilize the penalties, remedies and procedures under
such Borough ordinances and state or federal law, if applicable.
A.Â
Changes in ownership/occupancy.
(1)Â
Each owner of a residential rental unit shall notify
the Code Enforcement Officer in writing within seven business days
after any change in ownership of the premises or of the number of
residential rental units on the premises, and to submit new contact
information. Failure to so notify the Code Enforcement Officer shall
be considered a violation of this article.
(2)Â
The owner shall notify the Code Enforcement Officer
in writing within a maximum of seven business days after the changing
of a dwelling unit from owner-occupied to being a regulated rental
unit for purposes of this article. Failure to so notify the Code Enforcement
Officer shall be considered a violation of this article.
B.Â
Owners separately responsible. If any residential
rental unit is owned by more than one person, in any form of joint
tenancy, as a partnership, or otherwise, such person shall be jointly
and severally responsible for the duties imposed under the terms of
this article, and shall be separately subject to prosecution for the
violation of this article.
C.Â
Severability. If any provision of this article or
the application thereof to any person or circumstances is held invalid
by a court of law, such holding shall not affect the other provisions
or applications of this article which can be given effect without
the invalid provision or application, and to this end, the provisions
of this article are declared severable.
D.Â
Repealer. All ordinances or parts of ordinances which
clearly are inconsistent with this ordinance are hereby repealed to
the extent of such inconsistency.
E.Â
Addendum to the rental agreement. In accordance with § 253-7, Owner duties, the addendum to the lease of a residential rental unit shall be in the form as follows:
Addendum to Residential Rental Agreement
| |||
This Addendum to Residential Rental Agreement
is made this _____ day of ___________, 20____, and is incorporated
into and shall be deemed to amend and supplement the Residential Rental
Agreement made by the undersigned Tenant(s) and owner, their heirs,
successors and assigns, dated ___________, 20____. The Residential
Rental Agreement and this Addendum pertain to the Premises described
in said Agreement and located at ___________________________. This
Addendum is required by the Residential Rental Inspection and Licensing
Program Ordinance of the Borough of Trappe.
| |||
Additional Covenants and Obligations
| |||
In addition to the covenants and obligations
set forth in the aforementioned Residential Rental Agreement, Tenant
and Landlord hereby covenant and agree as follows:
| |||
A.
|
Landlord's Obligations
| ||
1.
|
The landlord shall keep and maintain the leased
Premises in compliance with all applicable Codes and Ordinances of
the Borough of Trappe and all applicable State laws and shall keep
the leased Premises in good and safe condition.
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2.
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The Manager for the Rental Unit shall be as
follows:
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Name:
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Mailing Address:
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Physical Address:
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Daytime Telephone Number:
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3.
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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 necessary repairs in and
around the leased Premises, except for any specific tasks which the
parties hereby agree shall be delegated to the Tenant and which are
identified as follows:
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B.
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Tenant's Obligation(s)
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1.
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The Tenant(s) shall comply with all applicable
Codes and Ordinances of the Borough of Trappe and all applicable State
laws.
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2.
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The Tenant(s) shall dispose of all rubbish,
garbage and other waste from the leased Premises in a clean and safe
manner, and shall separate and place for collection all recyclable
materials in compliance with applicable Trappe ordinances and State
laws.
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3.
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The Tenant(s) shall not cause, nor permit nor
tolerate to be caused, damage to the premises that is beyond standard
wear and tear.
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4.
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The Tenant(s) agrees to make the Rental Unit
available for a scheduled inspection by Borough Code Enforcement Officers
during reasonable hours after the Tenant receives advance notice from
the owner or Manager of the Rental Unit that the Borough has requested
an inspection.
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5.
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The Tenant(s) acknowledges and agrees that this
tenancy is subject to the provisions of the Residential Rental Inspection
and Licensing Program Ordinance of the Borough of Trappe and that
failure to comply with such ordinance may result in eviction of occupants
or suspension or revocation of the owner's privilege to rent a residential
unit.
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6.
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The Tenant(s) acknowledges and the Landlord
confirms that Landlord provide a copy of Inspection and Licensing
Program Ordinance of the Borough of Trappe to Tenant(s).
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In witness whereof, the parties have hereunto
set their hands and seals the day and year first above written.
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