[HISTORY: Adopted by the City Council of the City of Nanticoke
as indicated in article histories. Amendments noted where applicable.]
[Adopted 4-1-1998 by Ord. No. 13-1998 (Ch. 13, Part 2, of
the 2004 Code of Ordinances)]
This article is enacted to provide for the uniform and equitable
distribution of the tax levy in the City of Nanticoke and upon the
inhabitants thereof and to promote the health, safety, morals and
general welfare of the inhabitants of the City.
As used in this article, the following terms shall have the
meaning indicated, unless a different meaning clearly appears from
the context:
A parcel of real estate, with or without improvements located
thereon, utilized by any person or persons for any commercial activity
or purpose.
One or more rooms used for living and sleeping purposes,
arranged for occupancy by one family or by one or more persons.
A lessor or person who acts as agent for the lessor of any
parcel of real estate located in the City of Nanticoke, or a lessor
or person who acts as agent for the lessor of any improvements on
real estate or any building located in the City.
A permit granted by the Code Enforcement Officer of the City
of Nanticoke, allowing the occupancy of a rental or rentable unit
by a tenant, certifying that the unit meets all applicable codes of
the City.
Any individual, partnership, association, firm or corporation.
A dwelling unit or a business unit, or any combination thereof.
A person who has the use, either by himself or with others,
of a dwelling unit or a business unit owned by a person other than
himself for a period exceeding 30 days.
Within 30 days from the effective date of this article, each
landlord shall submit to the Code Enforcement Officer a report on
forms supplied by the City of Nanticoke which shall include the following
information:
A.
List of the dwelling units and business units owned by the landlord
located within the City limits, whether occupied or not occupied.
B.
Address of each dwelling unit and business unit.
C.
A brief description of each dwelling unit or business unit.
D.
Whether or not the said dwelling unit or business unit is inhabited
or utilized by tenants.
E.
Names of the tenant or tenants utilizing the aforementioned dwelling
unit or business unit, if any.
After the effective date of this article, any person who becomes a landlord of any parcel of real estate or any improvement on real estate or building located in the City of Nanticoke by agreement of sale, by deed or by any other means, shall, within 30 days thereafter, report to the Code Enforcement Officer the information and data set forth in § 372-3 above on forms to be provided by the Code Enforcement Officer.
After the effective date of this article, each and every landlord
of property within the City of Nanticoke shall report to the Code
Enforcement Officer on a report form to be supplied by the Code Enforcement
Officer any change in the use or occupancy of any dwelling unit or
business unit owned by such landlord. The reported change shall include
the name or names of new tenants of such dwelling unit or business
unit, the date when such change was effected, and the forwarding address
of the old tenant or tenants, if known. A landlord of a hotel, inn,
boardinghouse, motel, bed-and-breakfast, or other overnight lodging
facility shall not be required to report a person as a "tenant" until
that person has resided in such landlord's establishment for
a period exceeding 30 days. In the event that a dwelling unit or business
unit was used or utilized by a tenant and then becomes vacant, this
change shall also be reported to the Code Enforcement Officer. All
reports required by this section shall be made within 10 days after
a landlord has knowledge that such unit has had a change of occupancy
or has become vacant.
A.
Upon application of the landlord and the payment to the City of Nanticoke
of a fee established by City Council pursuant to resolution, the Code
Enforcement Officer or his/her designee shall then review the pertinent
City records and inspect the premises in question.
B.
Upon completion of the review and inspection, if the Code Enforcement
Officer is satisfied there are no violations of City ordinances and
codes, he/she shall execute and deliver an occupancy permit to the
landlord, which shall contain the following information:
(1)
The street address or appropriate description of the subject property.
(2)
The name of the tenant(s) and the landlord.
(3)
A statement of variances and use permits, if any, granted to that
property, together with the conditions and restrictions of such permits.
(4)
A statement indicating that there does not appear to be any nonconformity
or illegality in the structure(s), the property, or the uses being
made thereof. This statement shall also indicate whether the property
has been approved or designated as a nonconforming use.
C.
If the Code Enforcement Officer finds any violations of City ordinances
or codes, he/she shall deliver a detailed list of all violations of
the zoning, housing, property maintenance, building, plumbing, mechanical,
electrical, health or fire prevention ordinances or regulations. An
occupancy permit shall not be issued for the rental unit until all
ordinance and code violations are corrected.
Notwithstanding any other law or ordinance, the provisions of
this article may not be waived or disclaimed by any oral or written
agreement executed by any landlord or tenant.
A.
In the City of Nanticoke, it shall be unlawful for any landlord to rent or lease property, or any interest therein, unless the landlord shall first deliver to the prospective tenant at or prior to the execution of any rental agreement or lease, or prior to the occupancy should no rental agreement or lease be utilized, the occupancy permit described in § 372-7.
B.
The tenant or lessee shall execute a receipt for the occupancy permit,
as furnished by the City of Nanticoke, and such receipt shall be delivered
by the landlord to the Code Enforcement Officer as evidence of compliance
with the provisions of this article.
The occupancy permit shall be compiled from the records of the
City and from an inspection of the property. Neither the enactment
of this article nor the preparation and delivery of the occupancy
permit required hereunder shall impose any liability upon the City
of Nanticoke for any errors or omissions contained in such permit,
nor shall the City of Nanticoke bear any liability not otherwise imposed
by law.
Appeals from the findings set forth in the occupancy permit
or a related violation notice must be filed in writing with the City
Council of the City of Nanticoke within three days after the issuance
of said certificate; the City Council of the City of Nanticoke will
refer the appeal to the appropriate board of appeals.
The City Clerk, under the authority of this article, shall:
A.
Maintain on file at the City offices the names of the landlords owning
dwelling units and business units in the City, said list to include
the names of the current tenants of said dwelling units and business
units.
C.
Notify the Chief of Police and the Fire Chief of the City of Nanticoke
of the address and description of any dwelling unit or business unit
that is vacant, unoccupied and not in use.
[Amended 12-1-2004 by Ord. No. 16-2004]
Any person, firm or corporation who shall violate any provision
of this article, upon conviction thereof, shall be sentenced to pay
a fine of not more than $1,000 plus costs or to a term of imprisonment
not to exceed 90 days, or both. Each day that a violation of this
article continues shall constitute a separate offense.
[Adopted 12-17-2008 by Ord. No. 1-2008]
A.
Purpose. It is the purpose of this article and the policy of the
City Council of the City of Nanticoke, in order to protect and promote
the public health, safety and welfare of its citizens, to establish
rights and obligations of owners and tenants relating to the rental
of certain dwelling units in the City of Nanticoke and to encourage
owners and tenants to maintain and improve the quality of rental housing
within the community. It is also the policy of the City that owners,
managers and tenants share responsibilities to obey the various codes
adopted to protect and promote the public health, safety and welfare
of City residents. As a means to those ends, this article provides
for a system of inspections, issuance and renewal of occupancy licenses,
and sets penalties for violations. This article shall be liberally
construed and applied to promote its purposes and policies.
B.
CITY
CODE
CODE ENFORCEMENT OFFICER
COMMON AREA
COMMUNITY LIVING FACILITY
DISRUPTIVE CONDUCT
DWELLING
DWELLING UNIT
GUEST
MANAGER
MULTIPLE-UNIT DWELLING
OCCUPANCY LICENSE
OWNER
OWNER-OCCUPIED DWELLING UNIT
PERSON
POLICE
PREMISES
RESIDENTIAL RENTAL UNIT (or RENTAL UNIT)
TENANT
UNRELATED
Definitions. As used in this article, the following terms shall have
the meanings indicated:
The City of Nanticoke, Luzerne County, Pennsylvania.
Any code or ordinance adopted, enacted and/or in effect in
and for the City of Nanticoke concerning fitness for habitation or
the construction, maintenance, operation, occupancy, use or appearance
of any premises or dwelling unit. Included within, but not limited
by, this definition are the following, which are in effect as of the
date of enactment of this article: International Building Codes (IBC)
Basic Building Code, IBC Basic Plumbing Code, IBC Basic Property Maintenance
Code, IBC Basic Fire Prevention Code, National Electrical Code, Floodplain
Management Ordinance, Weed and Vegetation Control Ordinance, Sidewalk
Maintenance Ordinance, Solid Waste and Recycling Ordinance, Zoning
Ordinance, and any duly enacted amendment or supplement to any of
the above, and any existing or new enactment falling within this definition.
The duly appointed Code Enforcement Officer(s) having charge
of the Office of Code Enforcement of the City of Nanticoke and any
assistants or deputies thereof.
Any open area within a structure shared by tenants or that
the tenants have the right to share, including, but not limited to,
kitchens, bathrooms, living rooms, dining rooms, attics, basements
and any room used for parties, social events, or the congregation
of people, excepting bedrooms.
A living arrangement whereby unrelated individuals with diagnosed
mental health or mental retardation problems reside on a permanent
basis with twenty-four-hour supervision and whose primary purpose
is the development and maintenance of community living skills.
Any form of conduct, action, incident or behavior perpetrated,
caused or permitted by any occupant or visitor of a regulated dwelling
unit that is so loud, untimely (as to hour of the day), offensive,
riotous or that otherwise disturbs other persons of reasonable sensibility
in their peaceful enjoyment of their premises such that a report is
made to the police and/or to the Code Enforcement Officer complaining
of such conduct, action, incident or behavior. It is not necessary
that such conduct, action, incident or behavior constitutes a criminal
offense, nor that criminal charges be filed against any person, in
order for a 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 the
Code Enforcement Officer or police shall investigate and make a determination
that such did occur and keep written records, including a report,
of such occurrence.
A building having one or more dwelling units.
One or more rooms, including "apartments," used for living
and sleeping purposes, having a kitchen or kitchenette with fixed
cooking facilities and a bathroom with a toilet and bathtub or shower.
A person on the premises with the actual or implied consent
of an occupant.
An adult individual designated by the owner of a regulated rental unit under § 372-15B. The manager is considered to be the agent of the owner for service of process and receiving notices or demands to perform the obligations of the owner under this article and under rental agreements with tenants. Nothing in this section precludes the owner from being served with any required notices or demands.
A building containing two or more independent dwelling units,
including, but not limited to, double houses, row houses, condominiums,
apartment houses, and conversion apartments.
The license issued to the owner of regulated rental units
or dormitory units under this article, which is required for the lawful
rental and occupancy of regulated rental units or dormitory units.
One or more persons, 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 a mortgage holder in possession of a regulated
rental unit.
A dwelling unit in which the owner resides on a regular,
permanent basis.
A natural person, partnership, corporation, unincorporated
association, limited partnership, trust, or any other entity.
The Police Department of the City of Nanticoke or any properly
authorized member or officer thereof or any other law enforcement
agency having jurisdiction within the City of Nanticoke.
Any parcel of real property in the City, including the land
and all buildings and appurtenant structures or appurtenant elements,
on which one or more regulated rental units or dormitory units is
located.
Any dwelling unit or structurally enclosed area including
or intended to be used as the living quarters for one or more individuals
and not occupied by the owner thereof.
An individual who resides in a regulated rental unit, whether
or not he or she is the owner thereof, with whom a legal relationship
with the owner/landlord is established by a written lease or by the
laws of the Commonwealth of Pennsylvania.
Of or pertaining to two or more persons not related to one
another through blood to the level of second cousins, adoption or
marriage.
A.
General. It shall be the duty of every owner to keep and maintain
all regulated residential rental units in compliance with all applicable
codes and provisions of all other applicable state laws and regulations
and local ordinances and to keep such property in good and safe condition.
The owner and landlord, if applicable, shall be responsible for regularly
performing all routine maintenance, including lawn mowing and ice
and snow removal, and for making any and all repairs in and around
the premises. As provided for in this article, every owner shall be
responsible for regulating the proper and lawful use and maintenance
of every dwelling which he, she or it owns. As provided for in this
article, every owner shall also be responsible for regulating the
conduct and activities of the tenants of every regulated rental unit
which he, she or it owns in the City, which conduct or activity takes
place at such regulated rental unit or its premises. In order to achieve
those ends, every owner of a regulated rental unit shall regulate
the conduct and activity of the tenants thereof, both contractually
and through enforcement, as more fully set forth below. This section
shall not be construed as diminishing or relieving, in any way, the
responsibility of tenants or their guests for their conduct or activity,
nor shall it be construed as an assignment, transfer or projection
over or onto any owner of any responsibility of tenants or their guests
for their conduct or activity, nor shall it be construed as an assignment,
transfer or projection over or onto any owner of any responsibility
or liability which tenants or their guests may have as a result of
their conduct or activity under any private cause of action, civil
or criminal enforcement proceeding or criminal law; nor shall this
section be construed so as to require an owner to indemnify or defend
tenants or their guests when any such action or proceeding is brought
against the tenant based upon the tenant's conduct or activity.
Nothing herein is intended to impose any additional civil/criminal
liability upon owners other than that which is imposed by existing
law. This article is not intended, nor shall its effect be, to limit
any other enforcement remedies which may be available to the City
against an owner, tenant or guest thereof.
B.
Designation of manager. Every owner who is not a full-time resident
of the City of Nanticoke or elsewhere in an area within 20 miles of
the City of Nanticoke shall designate a manager who shall reside in
an area that is a local call from the City of Nanticoke. If the owner
is a corporation, a manager shall be required if an officer of the
corporation does not reside in the aforesaid calling area. The officer
shall perform the same function as a manager. If the owner is a partnership,
a manager shall be required if a partner does not reside in the aforesaid
calling area. Said partner shall perform the same function as a 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 article and under rental agreements
with tenants. The identity, address and telephone number(s) of a person
who is designated as manager hereunder shall be provided by the owner
or manager to the City, and such information shall be kept current
and updated as it changes.
C.
Disclosure.
(1)
The owner, individually or through his/her/its manager, if applicable,
shall disclose to the occupant in writing on or before the commencement
of the tenancy:
(2)
Before an occupant initially enters into or renews a rental agreement
for a regulated rental unit, the owner or manager shall furnish the
occupant with the most recent inspection report relating to the property.
D.
Maintenance of premises.
(1)
The owner shall maintain the premises in compliance with the applicable
codes of the City and shall regularly perform all routine maintenance,
including lawn mowing and ice and snow removal, and shall promptly
make any and all repairs necessary to fulfill this obligation.
(2)
The owner and occupant may agree that the occupant is to perform
specified repairs, maintenance tasks, alterations or remodeling. In
such case, however, such agreement between the owner and occupant
must be in writing. Such an agreement may be entered into between
the owner and occupant only if:
(3)
In no case shall the existence of any agreement between owner and
occupant relieve an owner of any responsibility under this article
or other ordinances or codes for maintenance of a premises. The owner
is ultimately responsible for ensuring the provisions of this article
have been complied with.
E.
Complaints. The owner shall reply promptly to reasonable complaints
and inquiries from tenants.
G.
Common areas. Where an owner of a regulated dwelling unit does not
regulate the use of common areas and the behavior of tenants and guests
in the common areas, the owner shall be directly responsible for the
behavior of tenants and guests in the common area as if the owner
were an occupant. The failure of the owner to regulate behavior of
tenants and guests in the common areas that results in the following
shall be a violation of this article:
H.
Enforcement.
(1)
Within 10 days after receipt of written notice from the Code Enforcement
Officer that a tenant of a regulated rental unit has violated a provision
of this article, the owner shall take immediate steps to remedy the
violation and take steps to assure that there is not a recurrence
of the violation.
(2)
Within 20 days after receipt of a notice of violation, the owner
shall file with the Code Enforcement Officer a report, on a form provided
by the City, setting forth what action the owner has taken to remedy
the violation and what steps he or she has taken to prevent a recurrence
of the violation. The report shall also set forth a plan as to steps
the owner will take in the future if the violation recurs.
(3)
The Code Enforcement Officer shall review the report and, if adequate
steps have been taken and the plan is adequate to address future violations,
shall approve the plan. The owner shall, on his or her initiative,
enforce the plan, and failure to do so shall be a violation of this
article. Failure to adequately take steps to address the conduct of
problem tenants shall constitute a violation of this article.
I.
Code violations. Upon receiving notice of any code violations from
the Code Enforcement Officer, the owner shall promptly take action
or cause the necessary action to be taken to abate the offending condition
and eliminate the violation.
J.
City can make repairs. In case the owner of a premises shall neglect,
fail or refuse to comply with any notice from the City or its Code
Enforcement Officer to correct a violation relating to maintenance
and repair of the premises under any code within the period of time
stated in such notice, the City may cause the violation to be corrected.
There shall be imposed upon the owner a charge of the actual costs
involved plus 10% of said costs for administration and enforcement
for each time the City shall cause a violation to be corrected, and
the owner of the premises shall be billed after same has been completed.
Any such bill which remains unpaid and outstanding after the time
specified therein for payment shall be grounds for the imposition
of a municipal lien upon the premises as provided by law. Such a lien
may be reduced to judgment and enforced and collected as provided
by law, together with interest at the legal rate and court costs,
including attorneys' fees. The remedies provided by this subsection
are not exclusive, and the City and its Code Enforcement Officer may
invoke such other remedies available under this article or the applicable
codes, ordinances or statutes, including, where appropriate, condemnation
proceedings or declaration of premises as unfit for habitation, or
suspension, revocation or nonrenewal of the license issued hereunder.
K.
The owner shall permit inspections of any premises by the Code Enforcement
Officer at reasonable times upon reasonable notice.
L.
Required postings.
(1)
The
owner shall post in a conspicuous location in the entryway of every
licensed regulated unit the following:
(a)
The current license and current inspection report issued by
the Code Enforcement Office of the City of Nanticoke.
(b)
The total number of persons who may occupy the regulated rental
unit and any common areas located within the regulated rental unit.
(c)
A notice of ordinances and statutes applicable to the tenants
of a regulated rental unit.
(2)
The owner shall also post in all common areas the total number of
persons who can occupy the common area.
(3)
The
notices required by this section shall be posted in such a way so
as to minimize tampering and removal.
A.
General. The tenant shall comply with all obligations imposed upon
tenants by this article, all applicable codes and ordinances of the
City, and all applicable provisions of state law.
B.
Health and safety regulations.
(1)
The maximum number of persons permitted in any regulated rental unit
at any time shall not exceed one person for each 40 square feet of
habitable floor space in said regulated rental unit. The maximum number
of persons permitted in the common areas of any multiple-unit dwelling
at any time shall not exceed one person for each 15 square feet of
common area on the premises.
(2)
The tenant shall deposit all rubbish, garbage, and other waste from
his or her regulated rental unit into containers provided by the owner
or landlord in a clean and safe manner and shall separate and place
for collection all recyclable materials in compliance with the recycling
plan submitted by the owner to the City under Nanticoke's Solid
Waste and Recycling Ordinance or, if there is no recycling plan for
the premises, then in compliance with Nanticoke's Solid Waste
and Recycling Ordinances and all other applicable ordinances, laws
and regulations.[1]
C.
Peaceful enjoyment. The tenant shall conduct himself or herself and
require other persons, including, but not limited to, guests on the
premises and within his or her regulated rental unit or dormitory
unit with his or her consent to conduct themselves in a manner that
will not disturb the peaceful enjoyment of the premises by others
and that will not disturb the peaceful enjoyment of adjacent or nearby
dwellings by the persons occupying same.
D.
Residential use. The tenant shall, unless otherwise permitted by
applicable law or ordinance, occupy or use his or her regulated rental
unit for no other purpose than as a residence.
E.
Illegal activities. The tenant shall not engage in nor tolerate nor
permit others on the premises to engage in any conduct declared illegal
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 Controlled
Substance, Drug, Device and Cosmetic Act (35 P.S. § 780-101
et seq.).
F.
Disruptive conduct.
(1)
The tenant shall not engage in nor tolerate nor permit others on
the premises to engage in disruptive conduct or other violations of
this article.
(2)
When police or the Code Enforcement Officer investigate an alleged
incident of disruptive conduct, he or she shall complete a report
upon a finding that the reported incident did, in his or her judgment,
constitute disruptive conduct as defined herein. The information filled
in said report shall include, if possible, the identity or identities
of the alleged perpetrator(s) 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
investigation, said police officer shall then submit the completed
report to the Code Enforcement Officer. In all cases, the Code Enforcement
Officer shall mail a copy of the report to the owner or manager within
three working days of the occurrence of the alleged disruptive conduct,
whether the person making the investigation on behalf of the City
is the Code Enforcement Officer or police.
G.
Compliance with rental agreement. The tenant shall comply with all
lawful provisions of the rental agreement entered into between owner
and tenant. Failure to comply may result in the eviction of the tenant
by the owner.
H.
Damage to premises. The tenant shall not intentionally cause nor
permit nor tolerate others to cause damage to the premises. Conduct
which result in damages in excess of $500 shall be considered a violation
of this article.
I.
Inspection of premises. The tenant shall permit inspections by the
Code Enforcement Officer of the premises at reasonable times upon
reasonable notice.
J.
Removal or defacement of notice. It shall be a violation of this
article for any person to remove or deface any notice or document
required to be posted within a regulated rental unit, and it shall
be unlawful for any person to occupy the regulated rental unit unless
all notices and documents are posted as required.
K.
It shall be a violation of this article for any tenant or any other
person to engage in disruptive conduct as defined by this article.
A.
License requirement.
(1)
As a prerequisite to entering into a rental agreement, whether written or oral, or permitting the occupancy of any regulated rental unit [except as provided in Subsection A(3) below], the owner of every such regulated rental unit shall be required to apply for and obtain a license for each regulated rental unit.
(2)
A license shall be required for all regulated rental units.
(3)
The following categories of rental properties shall not require licenses
and shall not, therefore, be subject to the permitting provision of
this article:
(a)
Owner-occupied dwelling units, provided that not more than two
unrelated individuals, in addition to the immediate members of the
owner's family, occupy the dwelling unit at any given time.
(b)
Housing units regulated, maintained and administered by the
City of Nanticoke's Housing Authority.
(c)
Hotels and motels.
(d)
Hospitals and nursing homes.
(4)
A license shall not be required for multiple-unit dwellings, although
a license shall be required for each regulated rental unit within
the structure. The foregoing notwithstanding, all other provisions
of this article shall apply to the common areas of the structure.
(5)
The application for the license shall be in a form as determined
by the City.
(6)
The owner shall maintain a current and accurate list of the tenants
in each regulated rental unit, which shall include their name, permanent
address, and permanent telephone number, which shall be available
to the City for inspection upon reasonable notice. The owner shall
notify the City of changes in the occupancy within 10 days of the
change and shall provide the name of the person who is no longer residing
in the premises in the event a person departs and the name, permanent
address, and permanent telephone number of new tenants in the event
a new person is added.
(7)
The owner shall furnish with his or her application, for inspection
purposes only, the written leases or a detailed statement of the terms
of any oral lease which, at a minimum, shall include the term of the
lease, rental amount and parties to the leases that have been entered
into that will cover all or part of the license term. The license
will not be issued if such information is not furnished. Leases shall
be furnished for all persons who have paid a down payment at the time
that the owner applies for a license or who have committed to residing
in the premises.
(8)
The owner shall furnish with his or her application for a license
a floor plan, drawn to scale, with the measurements of each room within
the regulated rental unit. The owner shall submit the scale drawing
only with the first application submitted after the enactment of this
article. In the event that there are changes to the floor plan, the
owner shall submit a revised floor plan with the application first
submitted after the changes to the floor plan were made.
(9)
In the event that a license is denied by the Code Office, the owner
shall have the right to appeal to the Code Appeals Board of the City
of Nanticoke within 30 days of mailing of the notice of denial of
the application. The hearing before the Board shall be governed by
the Local Agency Act.[2]
[2]
Editor's Note: See 2 Pa.C.S.A. §§ 551 et seq. and
751 et seq.
(10)
No license shall be issued to an owner unless the rental unit
is in compliance with all applicable codes and ordinances of the City
of Nanticoke.
B.
Annual license term, fee and occupancy limit.
(1)
Each license shall have an annual term running from July 1 through
June 30 of the next year.
(2)
Upon application for a license and prior to issuance or renewal thereof,
each applicant shall pay to the City an annual license and inspection
fee in an amount to be established, from time to time by resolution
of the City Council. Such resolution may provide for more than one
fee scale for different categories of premises, to be more specifically
set forth in the resolution. An inspection must be done each time
a new tenant moves into a unit. All units will be required to be inspected
upon passage of this article, except for units which were inspected
by Joe Kordek, the City Code Enforcement Officer, from May 1, 2008
to December 31, 2008, for which a one-time exemption from inspection
is granted.[3]
(3)
The license shall indicate thereon the maximum number of tenants
in each regulated rental unit or dormitory unit.
(4)
No license shall be issued if the owner has not paid any fines and
costs arising from enforcement of this article or any of the ordinances
of the City of Nanticoke relating to land use and/or code enforcement
or if any licensing fees under this article are due and owing the
City.
(5)
The City shall keep copies of leases that it retains in confidence
and shall not disclose their contents except as necessary to do so
to enforce this article.
C.
Inspection.
(1)
All premises shall be subject to periodic inspection by the Code
Enforcement Officer or another duly authorized agent of the City.
Such inspection may take place when an application is submitted for
a license or at any time during the year.
(2)
The Code Enforcement Officer is hereby designated as the official
authorized to enforce this article and to take appropriate measures
to abate violation hereof for and on behalf of the City of Nanticoke.
(3)
This section shall not be construed so as to limit or restrict the
Code Enforcement Officer's authority to conduct inspections of
premises, whether or not subject to the permitting and inspection
requirements of this article, pursuant to any other ordinance or code.
(4)
If upon the initial inspection violations of the codes of the City
of Nanticoke are identified, the owner shall pay a reinspection fee
for each and every time it is necessary for the Code Enforcement Officer
of the City of Nanticoke to reinspect the property until no such violations
are found. The amount of the reinspection fee is to be determined
by the City Council of the City of Nanticoke from time to time by
resolution.[4]
D.
Search warrant. Upon a showing of probable cause that a violation
of this article or any other ordinance of the City of Nanticoke has
occurred, the Code Enforcement Officer may apply to the Magisterial
District Judge having jurisdiction in the City of Nanticoke for a
search warrant to enter and inspect the premises.
A.
General. The Code Enforcement Officer may initiate action against
an owner that may result in a formal warning, nonrenewal, suspension
or revocation of the owner's license for violating any provision
of this article that imposes a duty upon the owner and/or for failing
to regulate the breach of duties by tenants as provided for herein.
B.
Definitions of options.
(1)
Formal warning. Formal written notification of at least one violation
of this article. Upon satisfactory compliance with this article and
any conditions imposed by the Code Enforcement Officer and/or the
City Council, the formal warning shall be removed when the owner applies
for license renewal at a time set by the Code Enforcement Officer
or by City Council.
(2)
Nonrenewal. The denial of the privilege to apply for license renewal
after expiration of the license term. The City will permit the owner
to maintain tenants in the premises until the end of the license term
but will not accept applications for renewal of the license until
a time set by the Code Enforcement Officer.
(3)
Suspension. The immediate loss of the privilege to rent regulated
rental units for a period of time set by the Code Enforcement Officer.
The owner, after the expiration of the suspension period, may apply
for license renewal without the need to show cause why the owner's
privilege to apply for a license should be reinstated. Upon suspension,
the owner shall take immediate steps to evict the tenants.
(4)
Revocation. The immediate loss of the privilege to rent regulated
rental units for a period of time set by the Code Enforcement Officer
and the loss of the privilege to apply for renewal of the license
at the expiration of the time period. Upon the loss of the privilege
to rent, the owner shall take immediate steps to evict the tenants.
C.
Consideration. In determining which of the above options to enforce,
the Code Enforcement Officer shall consider the following:
(1)
The effect of the violation on the health, safety and welfare of
the tenants of the regulated rental unit and other residents of the
premises.
(2)
The effect of the violation on the neighborhood.
(3)
Whether the owner has prior violations of this article and other
ordinances of the City or has received notices of violations as provided
for in this article.
(4)
Whether the owner has been subject to disciplinary proceedings under
this article.
(5)
The effect of disciplinary action on the tenants.
(6)
The action taken by the owner to remedy the violation and to prevent
future violations, including any written plan submitted by the owner.
(7)
The policies and lease language employed by the owner to manage the
regulated dwelling unit or dormitory unit to enable the owner to comply
with the provisions of this article.
(8)
Failure to abate a violation of City codes and ordinances that apply
to the premises within the time directed by the Code Enforcement Officer.
(9)
Refusal to permit the inspection of the premises by the Code Enforcement Officer as required by § 372-17C.
(10)
Failure to take steps to remedy and prevent violations of this
article by tenants of regulated rental units or dormitory units as
required by this article.
(11)
Failure to file and implement an approved plan to remedy and
prevent violations of this article by tenants of a regulated rental
unit or dormitory unit as required by this article.
(13)
Three violations of this article or other ordinances of the
City that apply to the premises within a license term. For purposes
of this article, there need be no criminal conviction before a violation
can be found to exist. Before a prior violation can be considered
under this section, the owner must have received notice in writing
of this violation within 30 days after the Code Enforcement Officer
received notice of the violation.
D.
Procedure for nonrenewal, suspension or revocation of license.
(1)
Notification. Following a determination that grounds for nonrenewal,
suspension or revocation of a license exist, the Code Enforcement
Officer shall notify the owner of the action to be taken and the reasons
therefor. Such notification shall be in writing, addressed to the
owner in question, and shall contain the following information:
(a)
The address of the premises in question and identification of
the particular regulated rental unit(s) affected.
(b)
A description of the violation which has been found to exist.
(c)
A statement that the license for said regulated rental unit(s)
shall be either suspended or revoked or will not be renewed for the
next license year beginning July 1 or that the owner will receive
a formal warning. In the case of a suspension or revocation, the notice
shall state the date upon which such suspension or revocation will
commence and, in the case of a suspension, shall also state the duration
of said suspension.
(d)
A statement that, due to the nonrenewal, suspension or revocation
(as the case may be), the owner or any person acting on his, her or
its behalf is prohibited from renting, leasing or permitting occupancy
of the dwelling unit(s) subject to said enforcement action by more
than two unrelated individuals from and during the period said action
is in effect.
(e)
A statement informing the owner that he, she or it has a right
to appeal the decision suspending, revoking or declining to renew
the license to the Code Appeals Board by submitting in writing to
the City Manager, within 30 days from the date printed on the notice,
a detailed statement of the appeal, including the grounds therefor
and the reason(s) alleged as to why the determination of the Code
Enforcement Officer is incorrect or should be overturned, and a statement
of relief requested by the appellant. Such notice of appeal may be
required to be submitted on a form to be prescribed therefor by the
City, to be signed by the appellant. There is hereby imposed a fee
for filing of such appeals, the amount of which shall be determined
and established from time to time by resolution of City Council.
(f)
Upon receipt of such an appeal in proper form, accompanied with
the requisite filing fee, the City Manager shall schedule a hearing
to be held not more than 30 days and not less than 10 days from the
date on which the appeal is filed.
(g)
The appellant, the Code Enforcement Officer and the owners of
properties within a radius of 300 feet from the premises for which
the license is at issue shall receive written notice of the hearing
on the appeal.
(h)
The Code Appeal Board shall hold a hearing on the appeal, which
shall be conducted in accordance with the Local Agency Law, 2 Pa.C.S.A.
§§ 551 to 555. The appellant and all other parties having an interest may be heard.
Based on the facts and arguments of the appellant and of the Code
Enforcement Officer and any police or other public officials involved,
and any relevant factual presentations of other parties, the Code
Appeals Board shall make a decision either affirming, reversing or
modifying the action of the Code Enforcement Officer from which the
appeal was taken. Such decision shall be rendered at a public meeting
either immediately following the hearing or within 30 days thereafter.
The decision shall be reduced to writing, stating clearly the factual
and legal basis for the decision, within 45 days after the hearing.
If the City deems it necessary or desirable, it may continue the hearing
to a subsequent time and date not later than 30 days from the initial
hearing, which time and date shall be openly announced at the initial
hearing, and in such case, the time limits for rendering the decision
and reducing it to writing set forth herein shall be calculated from
the last hearing date (at which the substance of the decision is orally
announced).
(2)
Delivery of notification.
(a)
All notices shall be sent to the owner or manager, if applicable,
by certified mail. In the event that the notice is returned 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.
(b)
If personal service cannot be accomplished after a reasonable attempt to do so, then the notice may be sent to the owner or manager at the address stated on the most current license application for the premises in question by regular first-class mail, postage prepaid. If such notice is not returned by the postal authorities within five days of its deposit in the U.S. Mail, then it shall be deemed to have been delivered to and received by the addressee on the fifth day following its deposit in the U.S. Mail, and all time periods set forth under Subsection D(2)(a) above shall thereupon be calculated from said fifth day.
A.
Basis for violation. It shall be unlawful for any person, as either
owner or manager of a regulated rental unit for which a license is
required, to operate without a valid, current license issued by the
City authorizing such operation. It shall also be unlawful for any
person, either owner or manager, to allow the number of tenants of
a regulated rental unit to exceed the maximum limit as set forth on
the license or to violate any other provision of this article. It
shall be unlawful for any tenant to violate this article.
B.
Penalties. Any person who shall violate any provision of this article
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 of not more than 90 days. Each
day that a violation of this article continues shall constitute a
separate offense.[1]
C.
Nonexclusive remedies. The penalty provisions of this section and
the license nonrenewal, suspension and revocation procedures provided
in this article shall be independent, nonmutually exclusive separate
remedies, all of which shall be available to the City as may be deemed
appropriate for carrying out the purposes of this article. The remedies
and procedures provided in this article for violation hereof are not
intended to supplant or replace to any degree the remedies and procedures
available to the City in the case of a violation of any other code
or ordinance of the City, whether or not such other code or ordinance
is referenced in this article and whether or not an ongoing violation
of such other code or ordinance is cited as the underlying grounds
for a finding of a violation of this article.
A.
Notices.
(1)
For purposes of this article, any notice given to a manager shall
be deemed as notice given to the owner.
(2)
There shall be a rebuttable presumption that any notice required
to be given to the owner under this article shall have been received
by such owner if the notice was given to the owner in the manner provided
by this article.
(3)
A claimed lack of knowledge by the owner of any violation hereunder
cited shall be no defense to license nonrenewal, suspension or revocation
proceedings as long as all notices prerequisite to institution of
such proceedings have been given and deemed received in accordance
with the applicable provisions of this article.
B.
Changes in ownership or occupancy. It shall be the duty of each owner
of a regulated rental unit to notify the Code Enforcement Officer,
in writing, of any change in ownership of the premises or of the number
of regulated rental units on the premises. It shall also be the duty
of the owner to notify the Code Enforcement Officer, in writing, of
any increase in the number of tenants in any regulated rental unit
or of the changing of a dwelling unit from owner-occupied to non-owner-occupied,
which thereby transforms the dwelling into a regulated rental unit
for purposes of this article.
C.
Owners severally responsible. If any regulated rental unit is owned
by more than one person in any form of joint tenancy, as a partnership
or otherwise, each person shall be jointly and severally responsible
for the duties imposed under the terms of this article and shall be
severally subject to prosecution for a violation of this article.
D.
Confidentiality of leases. The City shall keep copies of leases that
it retains in confidence and shall not disclose their contents except
as part of official City business.
