[HISTORY: Adopted by the Borough Council of the Borough of
Paxtang 11-16-2004 by Ord. No. 593. Amendments noted where applicable.]
The Paxtang Borough Council finds that dwellings or dwelling
units which are leased or rented to the public, when improperly maintained,
by reason of their structures, equipment, sanitation, use or occupancy,
may adversely affect the public health, safety and general welfare.
To correct unsuitable conditions which exist within rental properties
and to establish mechanisms for the continued maintenance of a sound
stock of rental housing within the Borough of Paxtang and to promote
the public health, safety and general welfare of its citizens, the
Borough Council establishes these regulations, which shall require
the registration of rental dwelling units and provide for enforcement
of rental housing standards.
This chapter is intended to protect the health, safety and welfare
of all the citizens of the Borough of Paxtang by requiring the registration
of all rental dwelling units in the Borough. This registration combined
with regular inspections of common areas and electrical, mechanical
and plumbing installations will help prevent overcrowding and the
incidence of communicable diseases, will aid in the enforcement of
the minimum standards for light, ventilation and heat, for safety
from fire and accidents, for the use, location and amount of space
for human occupancy, and for the adequate level of maintenance.
For the purpose of this chapter, certain terms, phrases, words
and their derivatives shall be construed as specified in this section,
except where the context clearly indicates or requires a different
meaning. If not specified in this chapter, or elsewhere in the Code
of the Borough of Paxtang, the term shall have its ordinary accepted
meaning within the context used. Words in the singular include the
plural and the plural the singular.
The following codes and any codes, regulations and ordinances
in the Paxtang Borough Code:
A person authorized by the Borough of Paxtang to make building
or housing inspections.[2]
The area in a rental complex not within a tenant's private
rental unit. It may include, but is not limited to, hallways, basement
areas, common exterior stairways, balconies and space which contain
mechanical, electrical or plumbing equipment.
Work done towards moving or rectifying a code violation,
while not completed, in the sole opinion of the inspecting Codes Enforcement
Officer, substantial and substantive progress toward that end has
been made.
Any individual holding legal or equitable title to a property
or to real improvements upon a property solely, jointly, by the entireties,
in common, or as a land contract vendee or title to a mobile home
or house trailer. "Owner" shall also mean any person, individual,
association of individuals, a public private or not-for-profit corporation,
a firm or partnership. "Owner" shall not mean tenant.
A natural person, partnership, corporation, unincorporated
association, limited partnership, tenant or any other entity.
Any parcel of real property in the Borough, including the
land and all buildings and appurtenant structures or elements on which
one or more rental complex, rental dwelling, rental property or rental
unit is located.
A written agreement between the owner/landlord and tenant
embodying the terms and conditions concerning the use and occupancy
of a specified rental complex, dwelling, property or unit.
A group of rental dwellings.
Any dwelling containing a rental unit, a rooming unit, or
hotel/motel unit, including single-family homes and mobile homes,
occupied by a tenant or tenants.
Generally, all rental complexes, premises, dwellings and
units.
A particular living quarters within a dwelling intended for
occupancy by a person other than the owner and the family of the owner,
including mobile homes, single-family homes, apartments, hotel/motel
units, and rooming units.
A person residing in or occupying a rental dwelling or rental
unit, whether or not he or she is the owner thereof, with whom a legal
relationship with the owner or landlord is established by written
lease or by the laws of the Commonwealth of Pennsylvania.
Notice issued by the Codes Enforcement Officer advising an
owner, or his agent, of a violation of this chapter. Violation notices
shall list all infractions and corrective measures necessary to comply
with this chapter and a time period within which corrections must
be completed.
A.
This chapter shall apply to all persons, firms, partnerships, associations
and corporations owning or exercising control over any building or
premises used for dwelling purposes, or which subsequently may be
constructed or so designated, which is in total or in part rented
or leased, and which is located within the bounds of Paxtang Borough.
An owner of any dwelling unit located within the jurisdiction of Paxtang
Borough shall not rent to another any dwelling, or dwelling unit,
unless such dwelling, or dwelling unit, is registered with the Borough
and is in compliance with all applicable federal, state and local
laws, rules, ordinances and regulations. Tenancy of any dwelling by
any person other than the owner of record shall be presumed to require
a rental registration.
(1)
This presumption may be rebutted by evidence that the tenant has
ownership equity of 25% or more of the fee or life estate, evidenced
by:
(2)
Tenants of any dwelling claiming any form of ownership in accordance
with a land contract, option to purchase, exchange contract, or any
other legal instrument shall provide proof that the transfer of ownership
is supported by a substantial equity interest in the property by the
person or persons claiming ownership.
B.
In a case where a provision of this chapter is found to be in conflict
with a provision of an ordinance or code of this Borough applicable
to existing buildings, the provisions which establish the higher standard
for the protection of the public safety and health shall prevail.
A.
General.
(1)
It shall be the duty of every owner to keep and maintain all 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.
(2)
As provided for in this chapter, 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 chapter,
every owner shall also be responsible for regulating the conduct and
activities of the tenants of every rental unit which he, she or it
owns in the Borough, which conduct or activity takes place at such
rental unit or its premises. In order to achieve those ends, every
owner of a rental unit shall regulate the conduct and activity of
the occupants thereof, both contractually and through enforcement,
as more fully set forth below.
(3)
This chapter 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 to 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 chapter 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 or their guest's conduct or activity.
Nothing herein is intended to impose any additional civil or criminal
liability upon owners other than that which is imposed by existing
law.
(4)
This chapter is not intended to, nor shall its effect be to, limit
any other enforcement remedies which may be available to the Borough
against an owner, tenant, occupant or guest thereof.
B.
Disclosure.
(1)
The owner shall disclose to the tenant in writing on or before the
commencement of the tenancy the name, address and telephone number
of the owner of the premises.
(2)
Before the tenant initially enters into or renews a rental agreement
for a rental unit, the owner shall furnish the tenant with the most
recent inspection report relating to the property.
C.
Maintenance of premises.
(1)
The owner shall maintain the premises in compliance with all applicable
codes of the Borough 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 tenant may agree that the tenant is to perform specified
repairs, maintenance tasks, alterations or remodeling. In such case,
however, such agreement between the owner and tenant must be in writing.
Such an agreement may be entered into between the owner and tenant
only if:
(3)
In no case shall the existence of any agreement between the owner
and tenant relieve an owner of any responsibility under this chapter
or other ordinances or codes for maintenance of the premises.
D.
Written rental agreement.
(1)
All rental agreements for dwelling units shall be in writing. No
oral leases and no oral modifications thereof are permitted. All disclosures
and information required to be given to tenants by the owner shall
be furnished before the signing of the rental agreement. The owner
shall provide the tenant with copies of the rental agreement and a
copy of this chapter.
(2)
Terms and conditions. Owner and tenant may include in a rental agreement
terms and conditions not prohibited by this chapter or other applicable
ordinances, regulations and laws, including rent, term of the agreement,
and other provisions governing the rights and obligations of the parties.
(3)
Prohibited provisions. Except as otherwise provided by this chapter,
no rental agreement may provide that the tenant or owner agrees to
waive or to forego rights or remedies under this chapter. A provision
prohibited by this subsection included in a rental agreement is unenforceable.
(4)
Attachment of ordinance to rental agreement. Following the effective
date of this chapter, a summary hereof in a form provided to the owner
by the Borough at the time of licensing shall be attached to each
rental agreement delivered by or on behalf of an owner when such agreement
is presented for signing to any occupant. If a summary has been provided
when the rental agreement was first executed, a summary does not have
to be provided upon renewal. Where a rental agreement has been entered
into prior to the effective date of this chapter, the owner shall
provide the occupants with a copy of the summary within 60 days after
enactment of this chapter.
E.
Complaints. The owner shall reply promptly to reasonable complaints
and inquiries from occupants.
G.
Common areas. Where an owner 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 occupants
and guests in the common area as if the owner were an occupant.
H.
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 as specified in the notice.
A.
Consent. The occupant shall comply with all obligations imposed upon
tenants by this chapter, all applicable codes and ordinances of the
Borough and all applicable provisions of state law.
B.
Health and safety regulations.
(1)
The maximum number of persons in any regulated rental unit and in
the common areas of any multiple-unit dwelling at any time shall not
exceed the maximum number of persons per square foot of habitable
space as established by the Uniform Construction Act and Code.
(2)
The tenant shall dispose from his or her rental unit all rubbish, garbage and other waste in a clean and safe manner and separate and place for collection all recyclable materials in compliance with Chapter 353, Solid Waste, of the Code of the Borough of Paxtang and all other applicable ordinances, laws and regulations.
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 rental 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 rental unit for no other purpose than a permitted use under Chapter 425, Zoning, of the Code of the Borough of Paxtang.
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.
Compliance with rental agreement. The tenant shall comply with all
lawful provisions of the rental agreement entered into between owner
and occupant. Failure to comply may result in the eviction of the
occupant by the owner.
G.
Damage to premises. The tenant shall not intentionally cause, nor
permit, nor tolerate others to cause, damage to the premises. Conduct
which results in damages in excess of $500 shall be considered a violation
of this chapter.
H.
Inspection of premises. The tenant shall permit inspections by the
Codes Enforcement Officer of the premises at reasonable times, upon
reasonable notice.
Rental registration is not required under the following circumstances:
A.
Family occupancy. Any member of a family, as defined by § 425-10 in the Zoning Chapter, may occupy a dwelling as long as any other member of that family is the owner of the dwelling.
B.
House-sitting. During the temporary absence of the owner and owner's
family of a domicile for a period not to exceed two years in any five-year
period, the owner may permit up to two unrelated individuals or a
family to occupy the premises without a rental registration by notifying
the Codes Enforcement Officer, on a form provided by the Borough,
of the address of the owner's temporary domicile, the projected
duration of the owner's absence, and the identity of the unrelated
individual(s) or family who will occupy the premises during the owner's
absence.
C.
One- and two-family dwelling sales. The sale of any one- or two-family
dwelling intended for occupancy by the owner or owners of record which
are to be occupied by the seller under a rental agreement for a period
of less than 90 days following closing. The sale of any one- or two-family
dwelling intended for occupancy under a lease with option to purchase
agreement, life estate agreement or any other form of conditional
sale agreement shall require rental registration if legal or equitable
ownership is not transferred in its entirety within 90 days of execution
of the conditional sales agreement.
D.
Exchange student, visiting clergy, medical caregiver, child care:
For an owner-occupied dwelling, additional occupancy by exchange students
placed through a recognized education exchange student program, one
visiting clergy or clerical aide to a local church or congregation,
or one person to provide child care or medically prescribed care.
E.
Estate representative. Occupancy by a personal representative, trustee
or guardian of the estate and his/her family, where the dwelling was
owner-occupied for the last year prior to the owner's death,
and the occupancy does not exceed two years from the date of death
of the owner, by notifying the Codes Enforcement Officer on a form
provided by the Borough of the owner's name, date of death, and
name of the person occupying the premises.
All owners of rental property shall register with the Borough
of Paxtang each rental complex, dwelling, property and unit within
the boundaries of the Borough.
The registration of any rental property shall require at least
the following information on forms provided by the Borough:
A.
The address of the rental property with each rental unit contained
therein enumerated. If the rental units are within a complex of buildings,
the property manager's address.
B.
If applicable, the number of buildings in the rental complex.
C.
The number of rental units per rental dwelling, the total number
of rooms per rental unit and the number of bedrooms per rental unit.
D.
A floor plan of the dwelling, showing the number, size and location
of habitable and occupiable rooms in the rental unit, and the number,
size and location of nonhabitable and nonoccupiable rooms in the rental
unit, as well as all exits, basement and attic egress windows and
entryways to the unit. If the owner or the registered agent has previously
submitted a floor plan for the rental unit which is the subject of
the application, the application may incorporate by reference the
previously filed documents and certify that no material change to
the rental unit has taken place in the prior registration period.
E.
A site plan showing the boundaries of the property; the location
of all structures; the location, number and size of parking spaces
in conformance with the Borough's Code; the location and size of driveways.
If the owner or the registered agent has previously submitted a site
plan for the rental unit which is the subject of the application,
the application may incorporate by reference the previously filed
documents and certify that no material change to the rental unit has
taken place in the prior registration period.
F.
The owner's name, driver's license or state identification
number (or in the case of a corporation, the corporate ID number),
address and telephone number and the location where he/she shall receive
correspondence from the Borough and where he/she may be reached in
cases of emergency.
G.
The name, driver's license or state identification number (or
in the case of a corporation, the corporate ID number), address and
telephone number of the registered agent or other responsible person
designated by the owner to receive official notices, legal processes,
tenant concerns and correspondence from the Borough.
H.
The owner applicant shall sign the registration attesting to the
truth and accuracy of its contents.
An application for the renewal of a rental registration shall
contain the same information as an initial application, except that:
A rental registration application shall not be accepted by the
Codes Enforcement Officer unless it meets all requirements of this
chapter, is accompanied by the required rental registration fee, is
accompanied by the documents required by this chapter, and is accompanied
by any delinquent Borough fees and charges due and payable to the
Borough in conjunction with the property to be registered. The Codes
Enforcement Officer, within 30 days of receipt, shall notify the applicant
of any deficiencies of the application which prevent its acceptance.
An application is not considered accepted by the Codes Enforcement
Officer until the Borough does one or more of the following:
The owner or his/her registered agent shall provide written
notification to the Codes Enforcement Officer of any change in the
registration information within 10 days of such change.
Included with the initial and renewal registration application
shall be an affidavit and agreement, signed by the property owner,
permitting inspections of his/her properties by officials of the Borough
and affirming that all tenants of the subject properties have been
informed of the regulations contained in this chapter and of inspections
of the properties by Codes Enforcement Officers. A copy of the affidavit
shall be provided by the property owner to all tenants.
The Codes Enforcement Officer may, with written notice, require
additional information of any or all registrants in order to reasonably
further the purposes of this chapter.
A.
Each residential rental unit shall be inspected by the Codes Enforcement
Officer at least one time in every thirty-six-month period, and for
any such purpose and for any such reinspection required hereunder,
the owner shall provide access to the designated Borough representative.
B.
Initial rental registration inspections. Within 60 days following the acceptance of an application for an initial rental registration, the proposed rental unit shall have an inspection for compliance with the requirements of the Property Maintenance Code (see Chapter 310 of this Code) and the Uniform Construction Code, as enforced and administered pursuant to Chapter 160 of this Code.[1]
C.
Annual renewal inspection schedule. A schedule of potential inspections
of all rental properties shall be prepared by the Codes Enforcement
Officer and made available for review by the public at the office
of the Borough Secretary, and a proposed date for the potential inspection
of an owner's rental property shall be provided to the owner
and tenant at least 30 days prior to the inspection date. This schedule
and notice shall not create a responsibility for the Borough to inspect
the property; however, except as hereinafter provided, no inspection
shall be performed on any day not in compliance with the scheduling
and notice requirements of this paragraph. A list of inspection guidelines,
prepared by the Codes Enforcement Officer, shall be given to all owners
at the time of registering a rental property.
D.
Common area and unit inspection. The common areas of all rental complexes
shall be inspected at least one time in every thirty-six-month period.
Common areas shall be inspected in accordance with an inspection schedule
prepared by the Codes Enforcement Officer and available for review
by the public at the office of the Borough Secretary. (All rental
units shall be inspected at least one time in each thirty-six-month
period.)
E.
Probable cause inspection. Any rental property, even though not previously
scheduled for inspection, may be inspected without prior notice if
the Codes Enforcement Officer has probable cause to believe that there
exists in any rental property any condition which makes such rental
property, or any portion thereof substandard or unsafe, or if there
is evidence that a violation of the code(s) may exist.
F.
Court orders. If any owner, tenant or other person in charge of any
rental dwelling or dwelling unit fails or refuses to permit free access
and entry to the structure or premises under his/her control or any
part thereof with respect to which an inspection authorized by this
chapter is sought to be made, the Codes Enforcement Officer, upon
a showing that probable cause exists for the inspection and for the
issuance of an order directing compliance with the inspection requirements
of this chapter with respect to such dwelling or dwelling unit, may
apply to the Magisterial District Judge having jurisdiction for a
search warrant to enter and inspect the premises and may petition
and obtain such order or other relief by order from a court which
has jurisdiction.
G.
Inspections in general. Rental property may only be inspected during
reasonable hours, except probable cause inspections, upon presentation
of proper identification by a Codes Enforcement Officer. The Codes
Enforcement Officer or his agents are hereby authorized and directed
to make inspections of the conditions of rental dwellings and other
structures as provided in this chapter, located in the Borough of
Paxtang. Upon display of proper identification, the Codes Enforcement
Officer is authorized to enter, examine and survey such dwelling units
and premises on prior notice to the owner and/or occupant of such
unit, including but not limited to such times as may be necessary
in an emergency or as otherwise agreed upon by the occupant and the
Codes Enforcement Officer or one of his agents.
A.
Registration, expiration and reregistration. Rental properties shall be registered annually at least 30 days before the expiration date assigned by the Borough, following the same requirements set forth in § 325-9. The Borough may extend registration periods beyond 12 months in order to stagger expiration dates.
B.
Waiver of inspection and reduction of fees. An owner may apply for
a waiver from inspection and a fifty-percent reduction in the following
year's registration fee, as set forth in the Schedule of Fees,[1] by supplying the Borough with a certified copy of a completed
inspection by an agency of the federal or state government and an
affidavit affirming the correction of all violations found by the
inspecting agency. The request must be made within 60 days after the
inspection by another agency and at least 20 days before the scheduled
inspection by the Borough. The Codes Enforcement Officer shall determine
whether the inspection is a qualified substitute for a Borough inspection.
[1]
Editor's Note: The current Schedule of Fees is on file in
the Borough office and on the Borough's website.
C.
Owner inspections. Rental property owners should conduct their own
periodic inspections and should correct potential code violations
at all times. The Codes Enforcement Officer will endeavor to consult
with owners and advise them of proper methods and materials to correct
violations and ways to avoid potential future problems and violations.
A.
Violations not imminently dangerous. Upon inspection by a Codes Enforcement
Officer, if a violation of the code(s) is discovered, but the violation
is deemed by the Codes Enforcement Officer not to be imminently dangerous
to life or limb, a violation notice shall be issued to the owner in
accordance with Section 107 of the International Property Maintenance
Code. The owner shall be advised of the time period to correct the
violation.
B.
Reinspection and fees. Reinspection of a property shall occur on
the date specified on the violation notice, or sooner if requested
by the owner and Borough scheduling permits such inspection. A fee,
as published in the Schedule of Fees,[1] shall be charged for each reinspection. A reinspection
may be waived as determined by the Codes Enforcement Officer if the
owner or registered agent has provided written notification and supporting
documentation to the Codes Enforcement Officer that all corrections
have been made within the specified time period.
[1]
Editor's Note: The current Schedule of Fees is on file in
the Borough office and on the Borough's website.
C.
Schedules. Time schedules for the correction of violations shall
be reasonable as determined by the Borough Codes Enforcement Officer.
D.
New violation notice. If a violation is not corrected upon the expiration
of the allowed time, as identified in the violation notice, but a
good faith effort has been made to correct the violation, the Codes
Enforcement Officer may provide a revised compliance date. If new
violations are found at the same premises, a new notice shall be issued
with an appropriate date before which corrections must be completed.
If no effort has been made to correct a violation within the
time allotted for its correction, the Codes Enforcement Officer may
issue an appearance ticket for said violation and may order the building
vacated in accordance with Section 108 of the International Property
Maintenance Code.
A.
Violations that threaten life, limb or property. If upon inspection
of rental property the Codes Enforcement Officer determines that a
violation is of such a serious nature so as to immediately threaten
the life, limb, health, property, safety or welfare of the public
or the occupants thereof, the Codes Enforcement Officer shall demand
that the violation(s) be corrected immediately and/or the building
be vacated immediately in accordance with Sections 107, 108 and 109
of the International Property Maintenance Code.
B.
Undue hardships. If in the opinion of the Codes Enforcement Officer the vacating of the building would cause undue hardship upon its tenants, but the conditions of the premises are as described in Subsection A above, the Codes Enforcement Officer may correct, or cause to be corrected, the conditions which are deemed imminently dangerous to life and limb, and charge to the owner the costs thereof in accordance with Section 109 of International Property Maintenance Code.
A.
Registration and fees. The purchaser shall cause a registration to
be transferred upon the sale of a rental property. The new owner shall
sign all appropriate agreements and affidavits for registration and
shall complete a new registration application. All the above shall
be provided to the Borough by the new owner or the real estate closing
institution within 30 days of closing the sale. There is no fee for
transferring registration.
B.
Existing violations. If a rental property subject to sale has outstanding
violations, all violations shall be corrected and a reinspection shall
be required before a registration is transferred. The owner shall
advise the purchaser of any outstanding violations before closing
the sale.
C.
Change of status. If the subject property is not to be used as rental
property after a sale is transacted, and a statement and affidavit
to this effect is provided to the Borough, no inspection or transfer
is required.
A.
Building permits. Rental property owners shall procure the appropriate
building permits from the Borough of Paxtang or the Commonwealth of
Pennsylvania for construction work required by the Codes Enforcement
Officer to correct violations.
[Amended 7-17-2007 by Ord. No. 606]
B.
Notifications. When there is noncompliance with the code(s), owners
and their registered agents, as listed in the applications for registration
of rental properties, shall be notified and the properties posted
in accordance with Section 107 of the International Property Maintenance
Code. Owners shall be informed of their appeal rights. Tenants or
occupants of a subject rental property shall be notified of their
dwelling's conditions and provided information regarding their
rights.
C.
Fees. Rental property owners shall be required to pay a fee for registration
and for any reinspection performed as a result of violation(s). Fees
shall be paid at the time of registration or reinspection as applicable.
The Borough Council shall determine and publish a schedule of fees
as needed.[1]
[1]
Editor's Note: The current Schedule of Fees is on file in
the Borough office and on the Borough's website.
D.
Notice and orders. All notices and orders of the Codes Enforcement
Officer shall be in accordance with Section 107 of the International
Property Maintenance Code.
E.
Nonliability. The issuance of a registration by the Borough is not
a representation by the Borough that the rental unit and/or the building
in which it is located is in compliance with fire prevention, building,
mechanical, property and maintenance, electrical, plumbing or other
codes. The issuance of a registration indicates that the residential
dwelling unit did not have patent dangerous conditions as of the date
of the inspection. However, neither the enactment of this chapter
nor the issuance of a registration shall impose any liability upon
the Borough for any errors or omissions which resulted in the issuance
of such registration, nor shall the Borough bear any liability not
otherwise imposed by law.
A.
Basis for violation.
(1)
It shall be unlawful for any person, as owner of a rental unit for
which registration is required, to operate without a valid, current
registration issued by the Borough authorizing such operation. It
shall also be unlawful for any person, either owner or tenant, to
allow the number of tenants of a rental unit to exceed the maximum
limit as set forth on the registration, or to violate any other provision
of this chapter. It shall be unlawful for any tenant to violate this
chapter.
(2)
It shall be unlawful for the owner(s) of any premises containing
one or more dwelling units, other than owner-occupied single-family
dwellings or any agent acting for said owner(s), to permit occupancy
of any dwelling unit on the premises by another or to represent to
the public such premises, or a part thereof, as for rent, lease or
occupancy unless said rental and/or dwelling units are currently registered
and said registration has not been revoked or invalidated.
(3)
It shall be unlawful for any person, persons, firm or corporation
or any others acting on behalf of said person, persons, firm or corporation
to violate or fail to comply with any of the provisions of this chapter
or hamper, impede or interfere with the performance of the duties
of any authorized Borough Codes Enforcement Officer or agent of the
official or other officer under the provisions of this chapter.
B.
Penalties.
(1)
Any violation of this chapter shall constitute a summary offense
punishable, upon conviction thereof by a Magisterial District Judge,
by fine of a maximum not to exceed $1,000 plus costs of prosecution
or, in default of payment of such fine and costs, by a term of imprisonment
not to exceed 30 days. Repeat offenses under this chapter shall be
subject to increased fines as provided hereby. Each act of violation
and every day upon which such violation shall occur shall constitute
a separate and distinct offense. Abatement shall not be considered
as payment or part of a violations penalty. Attorney's fees,
consultant, engineering and other costs incurred by the Borough as
the result of enforcement of this chapter may be recoverable if the
Borough prevails as determined by the Court.[1]
(2)
The penalty provisions of this chapter and the registration nonrenewal,
suspension and revocation procedures provided in this chapter shall
be independent, nonmutually exclusive separate remedies, all of which
shall be available to the Borough as may be deemed appropriate for
carrying out the purposes of this chapter. The remedies and procedures
provided in this chapter for violation hereof are not intended to
supplant or replace, to any degree, the remedies and procedures available
to the Borough in the Borough's Code, whether or not such other code
or ordinance is referenced in this chapter and whether or not an ongoing
violation of such other code or ordinance is cited as the underlying
ground for finding of a violation of this chapter.
A.
In case the owner of a premises shall neglect, fail or refuse to
comply with any notice from the Borough or its Codes 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
Borough 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 each time the Borough 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 a judgment and enforced and collected
as provided by law, together with interest at the legal rate and court
costs. The remedies provided by this paragraph are not exclusive,
and the Borough and its Codes Enforcement Officer may invoke such
other remedies available under this chapter or other 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 registration issued hereunder.
B.
The owner shall permit inspections of any premises by the Codes Enforcement
Officer at reasonable times upon reasonable notice.
