The following words, when used in this article, shall have the
meanings ascribed to them in this section except where the context
clearly indicates or requires a different meaning:
LANDLORD
Any person who grants a lease or otherwise permits the use
of his real estate or portion thereof for a consideration, monetary
or otherwise.
PERSON
Any natural person, partnership, association, firm or corporation.
TENANT
That person or persons who has the use of real estate of
a landlord and is responsible for the giving of any type of consideration
therefor, but excluding those who are tenants for a period of less
than 30 days.
All landlords, within 30 days after the effective date of this
chapter, or, in case of real estate thereafter acquired or thereafter
rented or becoming available for rental, within 30 days after the
acquisition, rental or availability for rental thereof, as the case
may be, shall report to the Borough Secretary-Treasurer, in writing,
during regular business hours, the number of parcels or units of real
estate presently or hereafter rented or available for rental, a description
(by address, unit or apartment number and/or some other meaningful
method) of said parcels or units and the names of its tenants at the
time of such report, together with a designation as to which unit
or parcel is occupied by each.
Any change in the occupancy of real estate or leased property or in the identity of the tenants from that shown in the report of the landlord as required in §
156-2 hereof shall be reported by the landlords to the Borough Secretary-Treasurer within 10 days after such change. It is intended hereby that landlords shall report a new tenant or a tenant who rents or leases a different unit or parcel of real estate and when a unit or parcel of their real estate becomes vacant.
Notwithstanding §
156-3 noted above, landlords shall prepare an occupancy report annually, and submit the same to the Borough Secretary-Treasurer, in writing, during regular business hours; said report shall contain the number of parcels or units of real estate presently rented or available for rental together with the names of its tenants at the time of such report, along with a designation as to which unit or parcel is occupied by each tenant. This report shall be issued regardless of whether there have been changes in the occupancy of said real estate or leased property or in the identity of the tenants from the report shown previously.
The Borough Secretary-Treasurer may prepare a report form entitled
"Status of Occupancy Report," which report form may require that information
set forth above and such other pertinent information that the Borough
Council by resolution may direct the Borough Secretary-Treasurer to
incorporate into said report form. The failure to have such report
forms, however, shall not excuse the obligation of landlords to provide
the information required herein.
This article shall be known as the "Residential Rental Unit
Registration and Inspection Law."
As used in this article, the following words shall have the
following meanings, unless the context clearly indicates otherwise:
AGENT
Any person, corporation, copartnership, association or fiduciary
who or which, for monetary consideration, aids in the rental of property
as defined herein. When used in this article in a clause proscribing
any activity or imposing a penalty, the term, as applied to partnerships
and associations, shall mean each partner and, as applied to corporations,
the officers thereof.
CODES
The Fire Prevention, Building, Housing, Mechanical, Property
Maintenance, Electrical and Plumbing Codes, as adopted by the Borough
from time to time, and any rules and regulations promulgated thereunder.
OWNER
Any person, agent, operator, firm, corporation, partnership,
association, property management group, housing authority or fiduciary
having legal, equitable or other interest in any real property; or
recorded in the official records of the state, county or municipality
as holding title to the property; or otherwise having control of the
property, including the guardian of the estate of any such person
and the executor or administrator of such person's estate. When
used in this article in a clause proscribing any activity or imposing
a penalty, the term, as applied to partnerships and associations,
shall mean each partner and, as applied to corporations, the officers
thereof.
REGISTRATION LICENSE
The annual business privilege license assigned by the Borough
of Mahanoy City issued to the owner/landlord of a real property rental
unit.
RESIDENTIAL RENTAL UNIT
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.
No residential rental unit shall be occupied by other than the
owner thereof unless a registration license has been obtained and
a certificate of compliance, as required by the provisions of this
article, is displayed at the structure in which the residential rental
unit is located.
If the inspection of the residential rental unit discloses no
codes violations, the Code Enforcement Officer or designee shall issue
a certificate of compliance to the owner within 14 days of the inspection.
Issuance of a certificate of compliance shall not denote compliance
with any applicable code. The certificate of compliance shall be in
such form as approved from time to time by the Code Enforcement Officer.
The certificate of compliance shall be displayed in plain view within
the residential rental unit or structure.
If the inspection of a residential rental unit discloses codes
violations, the Code Enforcement Officer or designee shall issue a
certificate of noncompliance within 14 days of said inspection. The
certificate of noncompliance shall set forth the following:
A. The street address or appropriate description of the subject property;
C. The identity of the inspector;
D. A statement of the zoning district applicable to the subject property,
together with an extract of the applicable ordinance(s) showing the
uses permitted within that district;
E. A statement of any variances and use permits granted to the subject
property, together with the conditions and restrictions of such permits;
F. A statement as to whether there appears to be any nonconformity in
the structures on 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;
G. A list of the codes violations;
H. The number of days in which the owner is to accomplish repairs, including
a provision allowing for a reasonable time extension upon the owners
showing of good faith compliance to the satisfaction of the Code Enforcement
Officer; and
I. Notice that, if the conditions are not repaired within the time specified, the residential rental unit may be placarded as unfit for human occupancy or subject to rent withholding in accordance with §
156-20C of this article.
The issuance of a certificate of compliance is not a representation
by the Borough that the residential rental unit and/or the building
in which it is located is in compliance with the various Borough codes,
including, but not limited to, any property maintenance code or building
code. The issuance of a certificate of compliance indicates that the
residential rental unit did not have any dangerous conditions as of
the date of the inspection. However, neither the enactment of this
article nor the issuance of a certificate of compliance shall impose
any liability upon the Borough for any errors or omissions which resulted
in the issuance of such certificate, nor shall the Borough bear any
liability not otherwise imposed by law.
The owner of a residential rental unit aggrieved by a decision
of the Code Enforcement Officer or designee may, within 30 days or
the time fixed for repair, whichever is shorter, appeal the decision
to the Borough Board of Building Code Appeals in accordance with the
Borough ordinances.
Nothing in this article shall preclude or prohibit the Code
Enforcement Officer or designee from identifying any violations of
the Borough Building Code or Borough Property Maintenance Code which
exist and noting the same on any inspection report.
Appropriate Borough officials are authorized and directed to
take such actions as are necessary to effectuate this article.