The Lackawanna City Council hereby finds and declares that the
rental of dwelling units constitutes a business which impacts upon
the public health, safety, and general welfare of the people of the
City of Lackawanna. The intent of this chapter is to regulate the
offering for rental of dwelling units to protect the public health,
safety, and general welfare of the people of the City of Lackawanna
and to further achieve the following beneficial purposes:
A. The protection of the character and stability of residential area;
B. The correction and prevention of housing conditions that adversely
affect or are likely to adversely affect the life, safety, general
welfare, and health, including the physical, mental, and social well-being
of persons occupying the dwelling;
C. The enforcement of minimum standards for heating, plumbing, and other
sanitary equipment necessary for health and safety;
D. The enforcement of minimum standards for light and ventilation necessary
for health and safety;
E. The enforcement of minimum standards for the maintenance of existing
residential buildings and the prevention of slum and blight conditions;
F. The preservation of the value of land and buildings throughout the
City of Lackawanna.
As used in the chapter, the following terms shall have the meanings
indicated:
DWELLING UNIT
A single residential accommodation which is arranged, designed,
used or, if vacant, intended for use exclusively as a domicile or
residence of one or more human beings.
HOUSING CODE
All state and/or local laws, codes, ordinances, rules, and
regulations for the establishment and maintenance of housing standards.
OWNER
The owner or owners of the freehold of the premises or lesser
estate therein, a mortgage or vendee in possession, assignee of rents,
receiver, executor, trustee or agent.
Upon completion of an inspection of a building or dwelling units therein, if the Director or Code Enforcement Officers finds noncompliance with the housing code, the Director or Code Enforcement Officers shall issue a notice of violation in accordance with §
139-10 of the City Code for the correction of any violations of the housing code. Upon reinspection, if the Director or Code Enforcement Officers find noncompliance with the notice of violation, the Director or Code Enforcement Officers shall deny a certificate or revoke any issued certificate in accordance with the procedure set forth in section §
177-9 of this chapter. The Director shall issue a written statement setting forth the reasons for the denial or revocation.
A rental dwelling unit registration issued pursuant to this chapter shall expire three years after the date of its issuance, unless sooner revoked pursuant to §
177-9. Within 60 days prior to the expiration of a rental dwelling unit registration certificate, the owner shall make written application for a rental dwelling unit registration certificate in accordance with §
177-4 of this chapter. In no event shall a certificate issued pursuant to this chapter remain in effect more than three years after the date of its issuance unless further extended by the Director for sufficient cause. When a certificate is extended, a copy of both the letter from the owner requesting an extension, as well as the letter authorizing the extension from the Director, will be submitted to the Lackawanna City Council for reference.
A rental dwelling unit registration issued pursuant to this
chapter is not transferable to any person who has acquired ownership
of a registered building for the unexpired portion of the three-year
term for which it was issued. A new rental dwelling unit registration
certificate application must be submitted to the Director within 30
days of when the new owner has officially taken custody of the property
title and the rental dwelling unit registration certificate will only
be issued after a satisfactory inspection from the Code Enforcement
Officers.
Every holder of a rental dwelling unit registration certificate
shall
A. Conspicuously post the certificate in a protected mounting in the
public corridor, hallway, or lobby of the building for which the certificate
was issued. This posting shall be in a common entrance. If no common
entrance exists, then posting shall be made at the entrance of each
dwelling unit. In the alternative to such posting, the license shall
be produced by the owner at the request of a tenant, a prospective
tenant, or upon demand of the Director.
B. Conform with all other applicable state, county, and City laws and
ordinances on matters not specifically addressed in this chapter.
The Director shall review the fee schedule annually and recommend
changes, as he deems appropriate, to the Lackawanna City Council.
If a term, part or provision, section, subdivision or paragraph
of this chapter shall be held unconstitutional, invalid or ineffective,
in whole or in part, such determination shall not be deemed to affect,
impair, or invalidate the remaining terms, parts, provisions, sections,
subdivisions, and paragraphs.
The Director is authorized to promulgate regulations consistent
with the provisions of this chapter in order to carry out the objectives
of this legislation.
The provisions of this chapter are not exclusive and are in
addition to and do not supersede or preempt other remedies or provisions
of the City, state, or federal laws and housing codes as may apply.