[Ord. 9-2000, -/-/2000, § 1]
The purpose of this Part is to enable the Borough Council of
the Borough of Conshohocken to take effective action to assure that
excesses, when they occur, shall not be repeated and that landlords
offering rentals be held to sufficient standards of responsibility
in order to preserve the peace, safety and tranquility of the Borough
of Conshohocken for its permanent residents as well as to maintain
law and order in the Borough for its families.
[Ord. 9-2000, -/-/2000, § II]
For purposes of this Part, the terms used herein are defined
as follows:
All regulations and prohibitions as ordained in the ordinances
of the Borough of Conshohocken.
A person designated by the Borough Council to hear and determine
proceedings under this Part.
The person or persons who own or purport to own any building
in which there is rented or offered for rent, housing space for living
or dwelling under either a written or oral lease, including owner-occupied
premises and regardless of whether rental is charged.
A complaint which may form the basis for proceedings in accordance
with this Part including, but not limited to, any disorderly person
offense as defined herein.
[Ord. 9-2000, -/-/2000, § III]
1.
Complaints. If in any one year, three complaints on separate occasions
of disorderly, indecent, tumultuous or riotous conduct or offenses
upon or in proximity to any rental premises and attributable to the
acts or incitements of any of the tenants or guests of those premises
have been substantiated by prosecution and conviction in any court
of competent jurisdiction, the Mayor, Borough Council, Borough Solicitor
or any officer or employee of the Borough of Conshohocken designated
by the Mayor and Borough Council for this purpose, may institute proceedings
to require:
2.
Notice Requirements. The Mayor, Borough Council, Borough Solicitor
or person designated by Borough Council pursuant to this Part shall
cause to be served upon the landlord, in person or by registered mail
to the address appearing on the tax records of the Borough, notice
advising of the institution of such proceedings, together with particulars
of the substantiated complaints upon which these proceedings are based
and of the time and place at which a hearing will be held in the matter.
The hearing shall be held in the Municipal Building or other public
place within the Borough as so designated, said hearing which shall
be no sooner than 10 days from the date upon which the notice is served
or mailed.
3.
Hearings. Hearings and decisions held and made under this Section
are to be conducted by the Hearing Officer as designated by the Borough.
The Hearing Officer shall give full hearing to both the complaint
on behalf of the Borough of Conshohocken and to any evidence in contradiction
or mitigation that the landlord, if present or represented, and offering
such evidence may present:
4.
Posting of Bond Required.
A.
Any bond
required to be posted shall be in accordance with the judgment of
the Hearing Officer, in light of the nature and extent of the complaints
upon which the proceedings are based and is to be adequate in the
case of subsequent offenses to make reparation for:
(1)
Damages likely to be caused to public or private property and
damages resulting from disruption of affected resident's rights
of fair use and quiet possession of their premises.
(2)
Securing the payment of fines and penalties likely to be levied
for such offenses.
(3)
Compensating the Borough for the cost of repressing and prosecuting
such incidents of disorderly behavior.
B.
In no
case shall a bond be in an amount less than $5 nor more than $1,000.
5.
Enforcement of Bond. The Borough of Conshohocken may enforce the
bond required by action in the Court of Common Pleas and shall be
entitled to an injunction proceeding prohibiting the landlord from
making or renewing any lease of the affected premises for residential
purposes until that bond or equivalent security, in satisfactory form
and amount, has been deposited with the Borough of Conshohocken.
6.
Term of Bond. A bond or other security deposited in compliance with Subsection 4 of this Section shall remain in force for a period of not less than two nor more than four years as determined in accordance with the judgment of the Hearing Officer. Upon the lapse of the specified period, the landlord shall be entitled to the discharge thereof, unless prior thereto further proceedings leading to a forfeiture or partial forfeiture of the bond or other security shall have been had under Subsection 7 of this Section, in which case, the security shall be renewed in an amount and for a period that shall be specified by the Hearing Officer.
7.
Extension; Forfeiture; Increase in Bond Amount.
A.
If a substantiated complaint is recorded against the property in
question during the period for which a landlord is required to give
security pursuant to this Section, the Mayor, Borough Council or its
designee may institute proceedings against the landlord for the forfeiture
or partial forfeiture of the security, for an extension as provided
in this Section, for an increase in the amount of the security required
for the period for which security is required or for any or all of
those purposes.
B.
Any forfeiture or partial forfeiture of security shall be determined by the Hearing Officer solely in accordance with the amount deemed necessary to provide for the compensatory purposes set forth in Subsection 4 of this Section. Any decision by the Hearing Officer to increase the amount or extend the period of the required security shall be determined in light of the same factors set forth in Subsection 4 of this Section and shall be taken only to the extent that the nature of the substantiated complaint or complaints out of which proceedings arise under this Section indicates the appropriateness of such change in order to carry out the purpose of this Section. The decision of the Hearing Officer in such circumstances shall be enforceable in the same manner as provided in Subsection 5 of this Section.
[Ord. 9-2000, -/-/2000, § IV]
1.
In addition to any other penalty prescribed herein, an owner or landlord
of real property may be subjected to the revocation or suspension
of the rental permits issued by the Borough upon the happening of
one or more of the following:
A.
Conviction of a violation of this Part in District Court or any court
of this Commonwealth.
B.
Renting the unit or units to a tenant or tenants who are convicted
of a violation or violations of the ordinances of the Borough of Conshohocken,
disorderly or petty disorderly conduct, willful or gross destruction
or dame to the premises or creating a nuisance. The Police Department
shall be responsible to notify an owner of any arrests under the ordinances
of the Borough of Conshohocken or any other State law. The owner shall
be responsible to determine if his/her tenant or tenants have been
convicted of any violations as set forth above.
C.
Continuously permitting the dwelling unit to be occupied by more
than the maximum number of occupants as set forth in the Borough's
ordinances.
D.
Maintaining the dwelling unit or units or the property in which the
permit unit is a part in a dangerous or defective condition likely
to result in injury to person or property.
E.
Violation of State housing laws or Federal housing codes designed
to protect the general public or surrounding community.
2.
Filing of Complaint; Notice of Hearing.
A.
A complaint seeking the revocation or suspension of an apartment/rental
permit/license may be filed by any one or more of the following:
B.
The complaint shall be in writing and filed with the Borough Secretary.
The complaint shall be specific and shall be sufficient to appraise
the permittee of the charges so as to allow the permittee to present
a defense. The individual or individuals filing the complaint may
do so on the basis of information and belief and need not rely on
personal information.
C.
Upon the filing of such a written complaint, the Borough Secretary
shall immediately inform the Borough Council and a date for a hearing
shall be scheduled which shall not be sooner than 10 nor more than
30 days thereafter. The Borough Secretary shall forward a copy of
the complaint and a notice as to the date of the hearing to the permittee
and the managing agent, if any, at the address indicated on the registration
form. Service upon the managing agent shall be sufficient.
D.
The hearing required by this subsection shall be held before the
Borough Council not later than 30 days from the conclusion of the
hearing, the decision shall be rendered, dismissing the complaint,
revoking or suspending the permit or determining that the permit shall
not be renewed or reissued for one or more subsequent permit years.
A recording shall be made of the hearing. All witnesses shall be sworn
prior to testifying and the strict rules of evidence shall not apply
but the evidential rules which generally control administrative hearings
shall be applicable. The Borough Solicitor or his/her designee shall
appear and prosecute on behalf of the complainant in all hearing conducted
pursuant to this subsection. Appeals shall be directed to the Court
of Common Pleas of Montgomery County.
[Ord. 9-2000, -/-/2000, § V; as amended by Ord.
9-2008, 12/17/2008]
Any person, firm or corporation who shall violate any provision
of this Part shall, upon conviction thereof, be sentenced to pay a
fine of not more than $1,000 plus costs and, in default of payment
of said fine and costs, to a term of imprisonment not to exceed 30
days. Each day that a violation of this Part continues or each Section
of this Part which shall be found to have been violated shall constitute
a separate offense.
