Borough of Walnutport, PA Rental Property

It shall be the duty of every owner, to keep and maintain all residential units in compliance with all applicable codes and provisions of all applicable state and federal laws and regulations and local ordinances, and to keep such property in good and safe condition.

It shall be unlawful for any person to conduct or operate or cause to be rented by owner, any residential rental unit within the Borough of Walnutport without having a residential rental license, as required by this section.

It shall be the responsibility of every owner to permanently display the residential rental license in the residential rental unit.

In the event an owner shall reside in a county which does not adjoin with Northampton County, an owner shall hire a responsible agent and shall provide the Borough with the current responsible agent's contact information.

Information provided to Borough. The residential rental license shall include the following information, which shall be provided by the owner, operator, responsible agent or manager to the Borough:

The name, address and telephone number of the property owner;

Name, address and telephone number of the designated local responsible agent, if the property owner lives outside an adjoining county with Northampton County;

The telephone number to call to register complaints regarding the physical condition of the residential rental unit;

The street address of the rental property;

The name of the tenants and all other occupants over age 18; and

The year of issue for a residential rental license.

Tenant occupancy and/or vacation. It shall be the responsibility of the owner, to notify in writing the Borough of Walnutport when a new tenant will be moving into or occupying the rental property. The owner shall notify the Borough of Walnutport five days prior to the tenant taking possession of the residential rental unit. The owner shall advise tenant that tenant must obtain a moving permit from the Borough of Walnutport prior to entry into the rental unit. At the time the tenant vacates the premises, the landlord shall notify in writing the Borough of Walnutport within 15 days from the date of vacation that tenant is vacating the premises. In the event that a tenant vacates the premises, landlord shall not be assessed a fee to revise the residential rental license nor the residential rental unit license questionnaire. Landlord shall, however, provide information in writing about the new tenant to the Borough as requested by the Borough so the residential rental license and/or the questionnaire can be properly amended.

[Amended 9-10-2015 by Ord. No. 2015-01]

Premises condition. It shall be the responsibility of every owner, to employ policies and to manage the residential rental unit(s) under owner's control in compliance with the provisions of this article, Borough codes and applicable state and federal laws.

Occupant duties. The occupant(s) shall comply with all obligations imposed by this article and all applicable codes and ordinances of the Borough of Walnutport as well as all state and federal laws and regulations. Included among Borough ordinances is the requirement that all occupants moving into and out of a residential rental unit obtain a moving permit from the Borough of Walnutport before they take or relinquish occupancy. Tenants shall provide said notice to the Borough 15 days prior to vacating the leasehold premises.

§ 333-4 Residential rental license.

License registration required for rental units. By December 31 of each year, the owner of each residential rental unit shall apply for a residential rental license for each residential rental unit within the Borough of Walnutport by providing the Borough with a completed license questionnaire for each residential rental unit and by paying the annual license registration fee as set forth in § 333-11, Fees; violations and penalties. The Borough shall review the license questionnaire. If the license questionnaire has been properly completed and the appropriate fee has been paid, the Borough shall issue to the owner a residential rental license. Receipt of a license from the Borough of Walnutport shall signify that the leasehold premise has been registered with the Borough of Walnutport pursuant to this article. This license shall also constitute a mercantile business license pursuant to Ord. No. 81-1,[1] and as amended.

[1]

Editor's Note: See Ch. 408, Taxation, Article III, Business Privilege and Mercantile Tax.

Annual renewal of license of rental units. The owner shall apply for a residential rental license for each residential unit on an annual basis. A new license questionnaire for each residential rental unit and a yearly renewal fee as set forth in § 33-10, Fees; violations and penalties, and shall be filed with the Borough by December 31 of each calendar year as set forth in § 333-4, Residential rental license. If the license questionnaire has been completed and the appropriate fee has been paid, the Borough shall issue to the owner, operator, responsible agent or manager, a residential rental license.

[Amended 1-12-2012 by Ord. No. 2012-01]

§ 333-5 Residential rental license requirements.

Residential rental license required for residential rental units. A residential rental license shall be required for each residential unit as follows:

Newly created residential units. Prior to initial occupancy of newly constructed residential rental units, newly created residential rental units, or substantially rehabilitated residential rental units (as documented by a certificate of occupancy), the owner of each residential rental unit shall make a written application to the Borough of Walnutport for a residential rental license as herein provided.

Existing rental properties. For all rental properties in existence on January 1, 2012, the owner of each residential rental unit shall make a written application to the Borough of Walnutport for a residential rental license as herein provided.

New tenancy. Prior to the initial occupancy of a new tenant into the leasehold premises, the owner of each residential unit shall make a written application to the Borough of Walnutport for a residential rental license as herein provided.

Sale or transfer of residential rental units. Upon the sale or transfer of a residential rental unit, the new owner shall obtain a new residential rental license as set forth in § 333-4, Residential rental license. The new owner shall purchase a residential rental license per the fees set forth in § 333-11, Fees; violations and penalties. A residential rental license issued hereunder is not automatically transferable to any person or entity who has acquired ownership of a residential rental unit. A residential rental license shall be revoked upon failure to apply to the Borough for its transfer within 60 days of the date of sale or transfer of ownership of the residential rental unit. The new owner shall obtain a residential rental license for each residential rental unit and have each residential rental unit inspected. The new owner shall also complete a new license questionnaire to be submitted prior to obtaining the residential rental license. Failure to seek a residential rental license and have the property inspected pursuant to this article for each residential rental unit within 60 days of the date of sale or transfer of ownership shall result in the revocation of the residential rental license.

Revocation of residential rental license. A residential rental license shall be revoked if the owner or operator of a residential rental unit does not comply with the provisions of this article and/or does not provide the name of a responsible agent when said property is managed by someone other than owner, who resides outside of a nonadjoining county, does not correct code and/or ordinance violations found in response to a complaint or inspection as required pursuant to this article within the time frame cited by the Borough Public Official and/or does not pay the annual license fee. If the premises is presently occupied, upon revocation of the residential license, the Borough Public Official is authorized to cause such a dwelling, dwelling unit, rooming unit, building structure or other part of the premises to be vacated or closed until compliance with this article is obtained. The Borough Public Official shall prescribe a reasonable time for compliance. If the residential rental license is revoked and the residential rental unit is vacant, it shall remain vacant. Notices issued pursuant to this section shall be served in the same manner as set forth in § 333-8, Notice of violations.

DISRUPTIVE CONDUCT REPORT

Reinstatement of residential rental license. A residential rental license shall be reinstated if the owner or operator of a residential rental unit corrects the reasons for the revocation of the residential rental license and has paid the license reinstatement fee.

§ 333-5.1 Incidents of disruptive conduct.

[Added 10-14-2021 by Ord. No. 2021-02]

Definitions.

DISRUPTIVE CONDUCT

Any form of conduct, action, incident or behavior perpetrated, caused or permitted by any occupant or visitor of a residential rental unit that is so loud, untimely (as to hour of the day), offensive, riotous or that otherwise disturbs other persons of reasonable sensibility and their peaceful enjoyment of the premises such that a report is made to 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 constitute 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 in this section. 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 disruptive conduct report, of such occurrence.

A written report of disruptive conduct on a form to be prescribed therefor, to be completed by the Code Enforcement Officer or police, as the case may be, who actually investigate an alleged incident of disruptive conduct and which shall be maintained by the Code Enforcement Officer.

Procedure. When police or the Code Enforcement Officer investigate an alleged incident of disruptive conduct, he or she shall complete a disruptive conduct report upon a finding that the reported incident did, in his or her judgment, constitute disruptive conduct as defined herein. The information contained 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 of the disruptive conduct. Where the police make such investigation, said police officer shall then submit the completed disruptive conduct report to the Code Enforcement Officer. In all cases, the Code Enforcement Officer shall mail a copy of the disruptive conduct report to the owner or manager within five working days of the occurrence of the alleged disruptive conduct, whether the person making the investigation on behalf of the Borough is the Code Enforcement Officer or police. The report shall be sent to the owner and manager, if applicable, by certified mail, return receipt requested. Receipt of such report by either the owner or the manager shall be considered completed service upon both of them. In the event that the report upon both of them is returned by the postal authorities and marked "unclaimed" or "refused," then the Code Enforcement Officer shall attempt delivery by personal service on the owner or manager, if applicable. In such case, the Code Enforcement Officer shall also post a copy of the report at a conspicuous place on the premises. If personal service cannot be accomplished after a reasonable attempt to do so, then the report may be sent to the owner or manager at the address stated on the most current report for the relevant property submitted under § 333-3 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 above shall thereupon be calculated from said fifth day.

Consequences.

Every tenant and invited and/or uninvited guest(s) who engages in disruptive conduct will be subject to criminal prosecution and eviction proceedings.

Owners shall not engage in, nor permit tenant and invited and/or uninvited guest(s) to engage in, disruptive conduct. Owners who personally engage in disruptive conduct will be subject to criminal prosecution. In addition, owners who permit or tolerate any tenant and/or any invited and/or uninvited guest(s) to engage in disruptive conduct shall be subject to the following civil enforcement proceedings and civil fines, which proceedings are intended to promote owner management and control of leased premises and the elimination of unsafe and/or problematic tenants and visitors.

(a)

First offense relating to a particular tenant unit. Upon the first offense relating to a particular tenant or rental unit, the Code Enforcement Officer shall issue a written warning to the owner, along with a copy of the disruptive conduct report, wherein the owner or manager is believed to have permitted or tolerated any tenant and/or any invited and/or uninvited guest(s) to engage in disruptive conduct on, in or adjacent to the rental premises.

(b)

Second or subsequent offenses relating to a particular tenant or rental unit. Upon the second or subsequent offense relating to a particular tenant or rental unit, the Code Enforcement Officer shall promptly serve a copy of the disruptive conduct report upon the owner and thereafter commence a civil proceeding seeking to recover from such owner the costs of suit plus a fine of $150 for the second offense, $300 for a third offense, and $500 for fourth or subsequent offense. Each twenty-four-hour period during which one or more disruptive conduct reports issue shall be considered a separate offense.

§ 333-6 Inspections.

The Borough Public Official shall make or cause to be made inspections to determine the conditions of all structures and premises in order to safeguard the safety, health and welfare of the public under the provisions of this article. The Borough Public Official, after reasonable notice to the owner or responsible agent, is authorized to enter any structure or premises at any reasonable time for the purpose of performing his duties under this article. The owner and occupant shall give the public officer free access thereto and to all parts thereof and to the premises on which it is located at all reasonable times for the purpose of such inspection, examination and survey. To ensure that the inspections shall be conducted in a fair and uniform manner inspections shall only occur when the following shall occur:

Complaint with probable cause. Upon receipt of a complaint made about the condition of the premises which would constitute a violation of this article and the Borough Code Official has probable cause to believe a violation has occurred.

New tenancy. Prior to the initial occupancy of a new tenant into the leasehold premises the owner of each residential unit shall apply for a residential rental license as set forth in § 333-5. At that time, the Borough Public Official shall conduct an inspection of the premises. The Borough Public Official, to ensure said inspections are conducted in a fair and uniform manner and to provide owner with notice of those areas to be inspected, shall inspect the items as set forth in Exhibit 1 attached to this article.[1] This list shall not be construed to be and is not an all-inclusive list and may be amended from time to time by the Borough Public Official.

[1]

Editor's Note: Exhibit 1 is on file in the Borough offices.

Sale or transfer of residential rental unit. Prior to the initial occupancy of a new tenant into the leasehold premises which has been sold or transferred to a new owner, the new owner of each residential unit shall apply for residential rental license as set forth in § 333-5. At that time, the Borough Public Official shall conduct an inspection of the premises. The Borough Public Official, to ensure said inspections are conducted in a fair and uniform manner and to provide owners with notice of those areas to be inspected, shall inspect the items as set forth in Exhibit 1 attached to this article.[2] This list shall not be construed to be and is not an all-inclusive list and may be amended from time to time by the Borough Public Official.

[2]

Editor's Note: Exhibit 1 is on file in the Borough offices.

Administrative search warrant/inspection requirement. If any owner and/or occupant of a structure subject to the provisions of this article refuses, impedes, inhibits, interferes with, restricts or obstructs entry and free access to every part of the structure or premises where inspection authorized by this article is sought, the Borough Public Official shall promptly apply for an administrative search/inspection warrant to a court of competent jurisdiction and shall supply all necessary affidavits and testimony to indicate that there is reasonable or probable cause to conduct an inspection. For the purposes of this section, a reasonable or probable cause to gain access and inspect shall include, without being limited to, the following:

That the inspection of the area is part of a planned routine inspection being conducted pursuant to a systematic or concentrated ordinance enforcement program in that portion of the Borough;

That the Borough Public Official after investigation has knowledge, information or a reasonable belief that a violation of this article or other codes and ordinances of the Borough and/or Commonwealth exist;

That such entry is for the purpose of reinspecting a previous notice of violations;

That the Borough Public Official has received a complaint concerning a violation on or within the premises; and

That such entry is necessary to determine if the building, structure, premises, dwelling or dwelling units meet ordinance standards.

Landlord right to cure prior to Borough inspection due to complaint. If the Borough Public Officer, after investigation, has knowledge, information or a reasonable belief that a violation of this article or other codes and ordinances of the Borough and/or Commonwealth of Pennsylvania exist and/or upon receipt of a complaint concerning a violation on or within the premises is occurring, the Borough shall contact the owner and inform owner of the ordinance and/or code violation and/or tenant complaint and provide the owner with a forty-eight-hour period in which to investigate and correct any violation found within the rental premises prior to the Borough conducting a search of the rental premises. Owner shall provide the Borough Public Officer with proof, to the satisfaction of the Borough Public Official, of the repairs made to the rental premises to cause the premises to come into compliance with the applicable Borough and/or laws of the Commonwealth of Pennsylvania. If the Borough Public Officer, at his sole discretion, is satisfied with the owner's response, no search pursuant to this section shall occur. If the Borough Public Officer determines no effort has been made by the owner to address the concerns of the Borough Public Officer or if the Borough Public Officer is not satisfied with the owner's attempted repairs, the Borough Public Officer may proceed to conduct an inspection pursuant to the requirements of this article. Nothing herein shall be construed to prevent the Borough Public Officer, upon good cause shown, from providing the owner with additional time beyond the forty-eight-hour time period to cure any defect within the premises at Borough Public Officer's sole and absolute discretion before proceeding to inspect the property pursuant to the requirements of this article.

Access by owner. Every occupant of a dwelling unit, building, structure or premises shall give the owner access to any part of such dwelling, dwelling unit, building, structure or premises, at all reasonable times for the purpose of conducting inspections to determine whether or not violations of this article may exist, or for the purpose of making such repairs or alterations as are necessary to effect compliance with the provisions of this article or with any lawful rule or regulation adopted or any lawful order issued pursuant to the provisions of this article.

New tenancy/sale of rental inspection. The initial inspection of residential rental units will occur in accordance with proper advanced notice to an owner, operator, responsible agent or manager of each residential unit pursuant to a search of a residential premises under this Subsection E. A minimum 15 days' prior notice to each property owner shall be given by the Borough for all inspections. The Borough shall contact the owner or responsible agent to schedule a date and time that the phased in inspection pursuant to this Subsection E will occur after being notified by owner of a new tenancy or sale of a rental premises. If the owner agrees to the inspection in writing no written notification by the Borough shall be required to be submitted to the owner. If the owner refuses the Borough's request for such an inspection pursuant to Subsection E or does not make the rental premises available to the Borough as agreed, the Borough shall provide a minimum of 15 days' prior written notice to each property owner by the Borough. The property owner shall be provided with the date and time of the inspection. The notice shall also state that the property owner has the right to refuse the inspection and that upon said refusal the Borough shall be required to obtain an administrative search inspection/warrant.

§ 333-7 Exemption from inspection requirements.

[Added 1-12-2012 by Ord. No. 2012-01]

In the event that a landlord shall be the record owner of the land but not the record owner of the permanently affixed residential property such that the landowner receives rent for use of the land only, then in that limited event, the landlord shall be exempt from the residential inspection requirements under this article. A landlord under this section shall still be required to comply with the registration and licensing requirements set forth in this article.

§ 333-8 Notice of violations.

If the Borough Public Official, upon completion of the inspection, finds that the applicable Borough, state and/or federal laws and/or codes and/or requirements have not been met, a written notice of violation shall be issued.

Whenever the Borough Public Official determines that there exists a violation of any provision of this Code, he shall issue a notice which shall:

Be in writing;

Include a brief description of the real estate sufficient for identification;

Specify the violation which exists with reference to the applicable ordinance or ordinance provisions together with a brief statement of the remedial action required;

Provide a reasonable time, not to exceed 30 days, for letting of a contract for the correction of any violation alleged; and

Include a statement regarding the right of appeal.

§ 333-9 Services of notices.

A notice of violation shall be served upon the owner or occupant in the following manner:

By handing it to the person to be served;

By handing the notice, at the residence of the person to be served, to an adult member of the family with which he resides; but if no adult member of the family is found, then to an adult person in charge of such residence;

By handing the notice at any office or usual place of business of the person to be served to his agent or to the person for the time being in charge thereof;

By mailing the notice to the last known address of the person to be served by certified mail, unrestricted delivery, return receipt requested, and if returned as unclaimed, to be sent first class mail; or

By serving the responsible agent on behalf of owner pursuant to the process set forth above in Subsection A(1), (3) and (4).

If any person to whom the notice of violation is addressed cannot be served in the above manner, the Borough Public Official shall briefly note the appropriate facts in the file and shall make service upon such person by posting the notice of violation in a conspicuous place on the premises described in the notice.

Service upon any executive officer of a corporation shall be a sufficient, but not exclusive, method of service upon the corporation. Service upon any partner of a partnership shall be sufficient, but not exclusive, method of service upon the partnership.

§ 333-10 Compliance.

If the Borough Public Official, upon completion of the inspection, finds that the applicable Borough, state and/or federal codes and/or requirements have not been met, a written notice of violation shall be issued.

Ten-day notice of violation. If the Borough Public Official finds one or more violations in the following categories:

Multiple-dwelling unit fire exits.

Separation of common walls and floors.

Fire alarm systems or smoke heat detectors. The landlord may submit a fire alarm systems test by a certified third party as evidence of compliance with this provision.

Multiple dwelling unit fire protection.

Heating ventilation and air conditioning (HVAC) systems and appurtenances.

Plumbing system operation and appurtenances.

(7)

Electrical hazards.

(8)

Structural hazards.

(9)

Roof leak(s) posing a risk to structure or safety of occupants.

(10)

Any other conditions regarding the residential rental unit that in the sole discretion of the Borough Public Official, would create a hazardous and/or dangerous condition or render the residential rental unit(s) uninhabitable, the Borough Public Official may issue a notice of violation pursuant to this section.

(a)

A ten-day notice of violation shall be issued and corrective action shall be taken by owner, within 10 days of receipt of said notice;

(b)

If after 10 days from the owner's receipt of the ten-day notice of violation, a reinspection reveals that the violations have not been corrected and arrangements satisfactory to the Borough Public Official have not been made, the Borough Public Official is authorized to cause such a dwelling, dwelling unit, rooming unit, building structure or other part of the premises to be repaired, altered, demolished, improved, vacated or closed. Notices and orders issued pursuant to this section shall be served in the same manner as set forth in § 333-8, Notice of violations. In that event, the residential rental license for the residential rental unit shall be revoked, and if the residential rental unit is vacant, it shall remain vacant; and

(c)

The Borough Public Official, in the official's sole and absolute discretion, may provide an extension of time to correct said violations if the Borough Public Official finds the owner is taking the appropriate steps to properly correct the violations.

Thirty-day notice of violation. If the Borough Public Official finds violations other than those listed in Subsection A above, a thirty-day notice of violation shall be issued. If after 30 days from the date of receipt of the thirty-day notice of violation, the reinspection reveals that all violations have not been corrected, the owner shall receive a written thirty-day warning which shall set forth the violations still in need of correction and that a failure to correct those violations within 30 days will result in the residential rental license being revoked. If after the second reinspection the violations have not been properly corrected, the license for the residential rental unit shall be revoked. The Borough Public Official is authorized to cause such dwelling, dwelling unit, rooming unit, building or structure or other part of the premises to be vacated or closed and shall prescribe a reasonable time for compliance. If the residential rental unit is vacant, it shall remain vacant. Notices, warnings and orders issued pursuant to this section shall be served in the same manner as notices of violation.

Emergency situation. Whenever, upon initial inspection or reinspection, the Borough Public Official finds that any dwelling, dwelling unit, rooming unit, building, structure or premises constitutes a serious hazard to the health or safety of the occupants or to the public because it is dilapidated, unsafe, unsanitary, unhealthful, vermin-infested or lacking in facilities required by any Borough ordinance, the Borough Public Official shall designate such dwelling, dwelling unit, rooming unit, building, structure or premises as unfit for human habitation or use and shall cause to be posted on the main entrance area of the dwelling, dwelling unit, rooming unit, building, structure or premises so closed, a placard with the following words: "This premise is unsafe for use or human habitation; the use and occupancy of this premise for human habitation is prohibited and unlawful.

If the premises so designated are occupied, the Borough Public Official shall order such premises vacated and shall prescribe a reasonable time for compliance. A vacant premises which has been designated as unsafe for human habitation and which has been placarded as such, shall not be used again for human habitation or use until written approval is secured from the Borough Public Official and the placard is removed by the Borough Public Official. The Borough Public Official shall rescind the designation as unsafe for human habitation or use and shall remove the placard when the Borough Public Official finds that the defect or condition has been removed or eliminated and that the dwelling, dwelling unit, or rooming unit is a fit place or unit for human habitation. No person shall remove or deface the placard from any premises which has been designated as unsafe for human habitation and has been placarded as such.

In the event that an emergency situation as defined in this section requires that the Borough order that the premises be immediately vacated, or to remain vacant, whichever the case may be, owner shall be entitled to a prompt post-deprivation hearing as set forth in § 333-12, Appeals. Notice and orders issued pursuant to this subsection shall be served in the same manner as notice of violations.

§ 333-11 Fees; violations and penalties.

Fees.

Annual license fee. The fee for a residential rental license shall be $25 per residential rental unit per year due and payable on or before December 31 of each year to register for the next year.

[Amended 1-12-2012 by Ord. No. 2012-01; 9-10-2015 by Ord. No. 2015-01]

Inspection. The fee for a residential rental license inspection shall be $45 per residential unit.

Reinspection. There shall be no fee for the Borough to complete a first reinspection. The fee for a second inspection shall be $55. Subsequent reinspections shall be double the cost of the previous reinspection per residential rental unit.

Reinstatement. The fee to reinstate a revoked residential rental license shall be $50 per residential rental unit.

Transfer. The fee to transfer a residential rental license shall be $25.

The schedule of fees may be amended from time to time by resolution of Borough Council.

Penalties.

Any person, firm or corporation violating any provision of this article shall be fined not less than $25 nor more than $100 for each offense, and a separate offense shall be committed for each day during, or on which a violation occurs or continues to exist. In addition to any criminal prosecution for violation of this article, the Borough Public Official or any duly authorized agent of the Borough may take such civil or equitable remedies in any court of record of the Commonwealth of Pennsylvania, against any person or property, real or person, to enforce the provisions of this article.

§ 333-12 Appeals.

Any party in interest aggrieved by any decision by the Borough Public Official may appeal to the Walnutport Rental Property Maintenance Appeals Board. Any appeal shall be in writing to the Walnutport Rental Property Maintenance Appeals Board for a review of the action of the Borough Public Official in accordance with the appeal procedures set forth in this section; provided, however, that such person delivers a copy of such written appeal to the Borough Public Official within 10 days after being served with notice of violation or order. Except for an emergency as set forth in § 333-10C, an appeal by the aggrieved person shall stay the enforcement provisions of this article. Except as provided herein for an emergency situation, compliance with the notice of violation shall not be required during the time an appeal is pending before the Walnutport Rental Property Maintenance Appeals Board or the Court of Common Pleas of Northampton County.

The Rental Property Maintenance Appeals Board shall be a body of three members, who shall be appointed by the Borough, one of whom shall have specific knowledge and expertise in the field of construction and maintenance of property and may also have specific knowledge regarding the requirements of BOCA and/or the State Uniform Construction Code; another shall be a landlord and resident of the Borough; and one member of the Board shall be an elected official serving on Borough Council. A member shall serve for a term of two years from the time of appointment or reappointment by Borough Council or until his successor shall take office. The Board shall have legal counsel attend the hearings and report to the Board. The Board shall have the following powers:

To hear and decide appeals where it is alleged there is error in any order, requirement, decision or determination made by the Borough Public Official in the enforcement of the provisions of this article or any other Borough ordinance that has applicability to the establishment and maintenance of proper standards, including, but not limited to, fire prevention, health or buildings;

To modify any notice of violation or order and to authorize a variance from the terms of this article when, because of special circumstances, undue hardship would result from literal enforcement, and where such variance substantially complies with the spirit and intent of this article;

To grant a reasonable extension of time for the compliance of any order where there is a demonstrated case of hardship and evidence of an actual undertaking to correct the violation together with a bona fide intent to comply within a reasonable time period;

In exercising the above mentioned powers, the Board shall act with reasonable promptness and seek to prevent unwarranted delays prejudicial to the party involved and to the public interest; provided, however, that the Board shall file its written decision within 10 days after the appeal hearing. The Board may reverse or affirm wholly or partly, or may modify the order, requirement, decision or determination appealed from and may make such order, requirement, decision or determination as justice would require, and, to that end, shall have all the powers of the Borough Public Official; provided, however, that the Board shall be bound by this article and shall not ignore the clear provisions and intent of this article.