[HISTORY: Adopted by the Borough Council of the Borough of
Pen Argyl 7-6-2010 by Ord. No. 655, approved 7-6-2010. Amendments noted where applicable.]
In considering the adoption of this chapter, the Borough makes
the following findings:
A.
There is a growing concern in the community with the general decline
in the physical condition of residential rental units;
B.
Borough records indicate there is a great incidence of problems with
the maintenance and upkeep of residential properties which are not
owner occupied as compared to those that are owner occupied;
C.
Borough records indicate there are a great number of disturbances
at residential rental units than all other properties combined; and
D.
Borough records indicate that violations of the various codes are
generally less severe at owner-occupied units as compared to residential
rental units.
The following definitions shall be used in the context of this
chapter.
The official designated by the Borough to enforce building,
zoning or similar laws and this chapter.
Any state or local code or ordinance adopted, enacted or
in effect in and for the Borough of Pen Argyl, including, but not
limited to, the Building Officials and Code Administrators International,
Inc. (BOCA) Basic Building Code, BOCA International Mechanical Code,
National Electrical Code, BOCA Fire Protection Code, Property Rehabilitation
and Maintenance Code, Zoning Ordinance,[1] Solid Waste Ordinance,[2] Residential Recycling Ordinance,[3] and general nuisance ordinances.
Any form of conduct, action, incident, or behavior perpetrated,
caused or permitted, by any occupant or visitor of a regulated dwelling
unit that is a violation of existing ordinances of the Borough of
Pen Argyl or statutes of the Commonwealth of Pennsylvania. In order
for such disruptive conduct to constitute an offense under this chapter,
a citation must be issued by the police and successfully prosecuted,
or a guilty plea entered before a Magisterial District Judge. If any
appeal is filed from a decision of a Magisterial District Judge, the
matter shall not be deemed to constitute disruptive conduct, unless
a finding of guilty is affirmed by a final decision on appeal. In
addition, the police shall file a disruptive conduct report with the
Borough, who will keep a written record of such disruptive conduct.
[Amended 12-13-2022 by Ord. No. 723, approved 12-13-2022]
A report of disruptive conduct on a form to be prescribed
thereof, to be completed by a police officer who actually investigates
an alleged incident of disruptive conduct and which shall be maintained
by the Borough.
Any room or group of rooms located within a hotel or motel
forming a single habitable unit used or intended to be used for living
or sleeping only on a transient basis for a period of less than 30
days.
A document issued by the Borough of Pen Argyl to the owner,
operator, responsible agent or manager of a residential rental unit
upon correction of all applicable code violations granting permission
to operate a residential rental unit in the Borough of Pen Argyl.
Such license is required for lawful rental and occupancy of residential
rental units under this chapter, unless a Building Official has not
inspected the unit or violations of the applicable codes are being
corrected and the unit operates under a residential rental registration,
or the residential rental unit is exempt from the license provisions
of this chapter.
The document issued annually for a fee by the Borough of
Pen Argyl to the owner, operator, responsible agent or manager of
a residential rental unit evidencing the existence of said residential
rental unit. This registration shall be required until the Building
Official inspects the unit and issues a residential rental license.
A residential rental registration shall be required for lawful rental
and occupancy of residential rental units under this chapter, unless
a Building Official has inspected the residential unit and has issued
a residential rental license or the residential rental unit is exempt
from the registration provisions of this chapter. This registration
does not warrant the proper zoning, habitability, safety, or condition
of the residential rental unit in any way.
A rooming unit or a dwelling unit let for rent, or any other-than-owner-occupied
residential unit. A residential rental unit shall not include a hotel
unit. A residential rental unit includes dwelling units under lease-purchase
agreements, or long-term (greater than six months) agreements of sale.
A.
The Building 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 Code. The Building Official, after reasonable notice,
is authorized to enter any structure or premises at any reasonable
time for the purpose of performing his duties under this Code. The
owner, occupant or operator of every structure or premises or the
person in charge thereof, 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.
B.
If any owner, occupant or other person in charge of a structure subject
to the provisions of this Code refuses, impedes, inhabits, interferes
with, restricts or obstructs entry and free access to every part of
the structure or premises where inspection authorized by this Code
is sought, the administrative authority shall promptly apply for a
search or 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:
(1)
That the inspection of the area is part of a planned routine inspection
being conducted pursuant to a systematic or concentrated code enforcement
program in that portion of the Borough; or
(2)
That the Building Official after investigation has knowledge, information
or a reasonable belief that a violation of this Code or other codes
and the ordinances of the Borough exists; or
(3)
That such entry is for the purpose of reinspecting a previous notice
of violations; or
(4)
That the Building Official has received a complaint concerning a
violation on or within the premises;
(5)
That such entry is necessary to determine if the building, structure,
premises or dwelling units meet Code standards.
A.
Owner's duties.
(1)
It shall be the duty of every owner, operator, responsible agent
or manager to keep and maintain all residential rental units in compliance
with all applicable state laws and regulations and local ordinances,
and to keep such property in good and safe condition and to be aware
of, and to act to eliminate disruptive conduct in such residential
rental units.
(2)
It shall be unlawful for any person to conduct or operate or cause
to be rented either as owner, operator, responsible agent or manager
any residential rental unit within the Borough of Pen Argyl without
having a residential rental registration or a residential rental license,
as required by this chapter.
(3)
The owner, operator, responsible agent or manager shall include the
amendment attached hereto as the Addendum to Residential Rental Agreement[1] in each lease of a residential rental unit taking effect
on or after September 1, 2010. Said amendment is hereby considered
to be a part of every lease of a residential rental unit in the Borough
of Pen Argyl executed on or after September 1, 2010.
[1]
Editor's Note: Said addendum is included at the end of this chapter.
(4)
It shall be the responsibility of every owner, operator, responsible
agent or manager to display the residential rental registration or
residential rental license in the residential rental unit. The residential
rental registration or residential rental license shall include the
following information:
(a)
The name, mailing address and telephone number of the owner,
responsible agent or manager;
(b)
The evenings on which garbage and recycling are to be placed
curbside for collection;
(c)
The telephone number to call to register complaints regarding
the physical condition of the residential rental unit;
(d)
The telephone number for emergency police, fire, and medical
services;
(e)
The date of expiration of the residential rental registration
or residential rental license; and
(f)
A summary of the owner's and occupant's duties under this chapter.
(5)
It shall be the responsibility of every owner, operator, responsible
agent or manager to employ policies and to manage the residential
rental units under his/her control in compliance with the provisions
of this chapter, Borough codes and applicable state laws.
(6)
No residential rental registration or residential rental license
shall be issued to any residential rental unit owned or operated by
a person residing outside the County of Northampton unless there is
provided to the Borough of Pen Argyl the name, mailing address, and
telephone number of a designated responsible agent residing or working
within the County of Northampton, authorized to accept service of
process on behalf of the legal owner of said residential rental unit.
For the purpose of this section, a post office number is not acceptable
for the responsible agent's address. This designation shall not be
valid unless signed by the owner/operator and the responsible agent
designated to act on behalf of the absentee owner/operator. The absentee
owner/operator shall be required to notify the Borough of Pen Argyl
within 30 days of any change in responsible agent.
(7)
Owners or operators residing outside the County of Northampton but
within a ten-mile radius of the Borough of Pen Argyl and meeting the
following criteria shall be exempt from naming a designated responsible
agent:
(a)
No cases of three disruptive conduct complaints within a twelve-month
period regarding the same occupants of a particular residential rental
unit, as documented by upheld disruptive conduct reports.
(b)
All taxes and fees paid by December 31 of the preceding year.
(c)
The residential rental units must pass inspection at the first
reinspection, both interior and exterior of the property must be in
compliance with all codes. (There will be an allowance for exterior
repairs for the time of the year.)
(d)
The year's annual license fee for 2010 was paid by December
31, 2010, and for each year after 2010.
(e)
The owner, operator or manager must correct any code violations
cited between the four-year full inspections within 30 days.
B.
Occupant's duties.
(1)
The occupant(s) shall comply with all obligations imposed by this
chapter and all applicable codes and ordinances of the Borough of
Pen Argyl, as well as all state laws and regulations. Included among
the Borough ordinances is the requirement that all occupants moving
into a residential rental unit obtain a moving permit before they
take occupancy.
(2)
The occupant(s) shall conduct themselves and require other persons,
including, but not limited to, guests on the premises and within their
rental unit with their 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 people occupying the same.
(3)
The occupant(s) shall not engage in, nor tolerate, nor permit others
on the premises to cause damage to the residential rental unit or
engage in disruptive conduct, or other violations of this chapter,
Borough codes or applicable state laws.
(4)
Police officers shall investigate alleged incidents of disruptive
conduct. They shall complete a disruptive conduct report upon finding
that the reported incident constitutes disruptive conduct as defined
herein. The information filed in said report shall include, if possible,
the identity of the alleged perpetrator(s) of the disruptive conduct
and all other obtainable information, including the factual basis
for the disruptive conduct described on the prescribed form. A copy
of the disruptive conduct report shall be given or mailed to the occupant
and mailed to the owner, operator, responsible agent or manager within
10 working days of the occurrence of the alleged disruptive conduct.
(5)
The occupant or the owner, operator, responsible agent or manager
shall have 10 working days from the date of the disruptive conduct
report to appeal the contents of said disruptive conduct report. The
appeal shall be made in writing and submitted to the Borough Code
Official. An appeal of the third disruptive conduct report within
a twelve-month period shall stop the eviction proceedings against
the occupants until the appeal is resolved, only if the eviction proceedings
were a direct result of the third disruptive conduct report.
(6)
After three disruptive conduct incidents in any twelve-month period
by an occupant documented by disruptive conduct reports, the owner,
operator, responsible agent or manager shall have 10 working days
from the date of his/her receiving the notice to begin eviction proceedings
against the occupants. Failure to take such action will result in
the immediate revocation of the residential rental unit registration
or residential rental unit license. The residential rental unit involved
shall not have its residential rental registration or residential
rental license reinstated until the reinstatement fee is paid and
the disruptive occupants have been evicted, the Magistrate has ruled
in the occupant's favor, the Magistrate has ruled in the owner's favor
but has not ordered the eviction of the occupant(s) or the occupants
have filed an appeal to a higher court or declared bankruptcy, thereby
preventing their eviction. The disruptive occupants, upon eviction,
shall not reoccupy any residential rental unit on the same premises
involved for a period of at least one year from the date of eviction.
This subsection is not intended to limit or inhibit the owner, operator,
responsible agent or manager's right to initiate eviction actions
prior to the third disruptive conduct incident.
(7)
The content of the disruptive conduct report shall count against
all occupants of the residential rental unit. More than one disruptive
conduct report filed against the occupants of a residential rental
unit in a twenty-four-hour period shall count as a single disruptive
conduct report for the purpose of the preceding subsection. The Borough
of Pen Argyl shall maintain a list of the names of all occupants evicted
as a result of the preceding subsection. The names shall remain on
the list for a period of five years.
A.
Registration required for rental units. By September 1, 2010, the
owner, operator, responsible agent or manager of each residential
rental unit shall apply for a residential rental registration with
the Borough of Pen Argyl. By January 1 of each calendar year from
2011 and all subsequent years, the owner, operator, responsible agent
or manager of each residential rental unit shall continue to apply
for a residential rental registration until the unit is licensed,
at which time he/she shall be issued a residential rental license.
For each calendar year thereafter, the owner, operator, responsible
agent or manager of the residential rental unit shall continue to
apply for a residential rental license.
B.
Issuance of residential rental registration. A residential rental
registration shall be issued if the owner or operator of the residential
rental unit provides the name of a responsible agent (if applicable),
pays the registration fee, submits a complete and accurate occupant
listing by residential rental unit by April 15 of each year and is
current on water and sewer fees for the residential rental unit. This
registration does not warrant the proper zoning, habitable safety
or conditions of the residential rental unit in any way.
C.
Revocation of residential rental registration. A residential rental
registration shall be revoked if the owner or operator of a residential
rental unit does not provide the name of a responsible agent (if applicable),
does not pay the registration fee, is not current on water and sewer
fees, and Borough real estate and per capita taxes for the residential
rental unit, does not submit a complete and accurate occupant listing
by residential rental unit by April 15 of each year, does not correct
a code violation found in response to a complaint within the time
frame cited by the Building Official, and/or has not complied with
the disorderly conduct provision of this chapter, as described above.
D.
Reinstatement of residential rental registration. A residential rental
registration shall be reinstated if the owner operator of a residential
rental unit corrects the reason for the revocation of the residential
rental registration and had paid the residential rental registration
reinstatement fee.
A.
Residential rental license required for residential rental units.
A residential rental license shall be required for each residential
rental unit unless the residential rental unit has not been inspected
or has outstanding violations of the applicable codes and operates
under a residential rental registration, or is exempt as defined above.
(1)
Prior to initial occupancy of newly constructed residential rental
units, newly created rental units, or substantially rehabilitated
residential rental units (as documented by a certificate of occupancy),
the owner, operator, responsible agent or manager of each residential
rental unit shall register with and make written application to the
Borough of Pen Argyl for a residential rental license as herein provided.
Such units will be exempt from further inspection, unless a complaint
of violation has occurred, the unit has been leased to a new tenant,
or a Building Official has probable cause to believe that a violation
has occurred. Upon the occurrence of any of these events, reinspection
shall be triggered. In any event, a new reinspection shall automatically
be triggered four years from the last inspection and such unit will
therefore be inspected again when the area in which it is located
is next scheduled for inspection after said four years' exemption
has expired.
(2)
For licensing purposes, the Borough of Pen Argyl shall fully inspect
each residential rental unit no more frequently than once within a
four-year period unless a complaint of violation has occurred, the
unit has been leased to a new tenant, or a Building Official has probable
cause to believe that a violation is occurring. Unless sooner revoked
for cause, the residential rental license shall remain in effect until
such time as the next regularly scheduled inspection occurs, assuming
the annual license fee is paid.
(3)
Initial inspections will occur in accordance with a phased-in systemic
inspection program to be prepared and made available upon request
by the Borough of Pen Argyl. A minimum 60 days' written notice shall
be given for all initial inspections. The penalty for not allowing
an inspection shall be revocation of the residential rental registration
or the residential rental license.
B.
Compliance. If a Building Official, upon completion of the inspection,
finds that the applicable code has not been met, a notice of violation
shall be issued.
(1)
Ten-day notice of violation. If the Building Official finds a violation of Section 108 of the Property Maintenance Code of the Borough of Pen Argyl (codified at Chapter 84 of the Code of the Borough of Pen Argyl);
(a)
A ten-day notice of violation under this section shall be issued;
and
(b)
The residential rental unit shall be determined unfit for human
habitation and ordered vacated and shall remain vacant until the violation
is abated. If after 10 days from the receipt of the ten-day notice
of violation, a reinspection reveals that the violations are not corrected
and arrangements satisfactory to the Building Official have not been
made, the residential rental registration or residential rental license
for the residential rental unit shall be revoked, and, if the residential
rental unit is vacant, it shall remain vacant.
(2)
Thirty-day notice of violation. If the Building Official finds violations of the Property Maintenance Code of the Borough of Pen Argyl, other than those listed in § 85-6B(1), a thirty-day notice of violation shall be issued.
(a)
If after 30 days from the date of receipt of the thirty-day
notice of violation, the first reinspection reveals that all violations
have not been corrected, a thirty-day legal action warning shall be
issued.
(b)
If after 30 days from the date of receipt of the thirty-day
legal action warning, the second reinspection reveals all violations
have not been corrected, the residential rental registration or the
residential rental license for the residential rental unit shall be
revoked, and, if the residential rental unit is vacant, it shall remain
vacant.
(c)
A fee will be charged for the initial inspection and for each
reinspection after the second reinspection. The Borough of Pen Argyl
shall maintain a list of all residential rental units and their ownership
that have been the subject of prosecution in Magistrates Court during
the preceding four years.
C.
Issuance of residential rental license. A Residential Rental License
shall be issued if the residential rental unit meets the following
conditions:
(1)
The Building Official finds that the residential rental unit is in
compliance with the applicable codes;
(2)
The owner, operator, or manager provides the name of a responsible
agent (if applicable).
(3)
The owner, operator, responsible agent or manager pays the license
inspection and reinspection (if applicable) fee(s);
(4)
The owner, operator, responsible agent or manager is current on water
and sewer fees for the residential rental unit.
(5)
The uses of the property are in compliance with the Zoning Ordinance
of the Borough of Pen Argyl.
(6)
The owner, operator, responsible agent or manager maintains records
demonstrating that all occupants have obtained a moving permit from
the Borough of Pen Argyl, whenever appropriate; and
(7)
The owner, operator, responsible agent or manager has submitted a
complete and accurate occupant listing by residential rental unit.
D.
Revocation of residential rental license. A residential rental license
shall be revoked if the owner or operator of a residential rental
unit does not provide the name of a responsible agent (if applicable),
does not correct code violations found in response to a complaint
within the time frame cited by the Building Official, does not pay
the annual license fee, is not current with water and sewer fees,
and Borough real estate and per capita taxes for the residential rental
unit, changes the uses of the property so as to no longer be in compliance
with the Zoning Ordinance of the Borough of Pen Argyl, does not submit
a complete and accurate occupant listing by residential rental unit
by April 15 of each year, does not maintain records demonstrating
that all occupants have obtained a moving permit from the Borough
of Pen Argyl, whenever appropriate and/or has not complied with the
disruptive conduct provision of this chapter, as described above.
If the residential rental license is revoked and if the residential
rental unit is vacant, it shall remain vacant.
E.
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.
A.
A residential rental registration issued hereunder is not automatically
transferable to any person or entity who has acquired ownership of
a residential rental unit. A residential rental registration shall
be revoked upon failure to apply for its transfer within 60 days of
the date of sale or transfer of ownership of the residential rental
unit.
B.
A residential rental license shall not be transferred. In the case
of licensed residential rental units that are sold or transferred;
the new owner shall seek a residential rental license for each residential
rental unit and have each residential rental unit inspection. Failure
to seek a residential rental license for each residential rental unit
within 60 days of sale or transfer of ownership shall result in the
revocation of the residential rental license.
A.
Property conditions appeals: Any person aggrieved by any decision
of a Building Official may appeal to the Property Maintenance Code
Board of Appeals.
B.
Disruptive conduct appeals: Any person aggrieved by any decision
of a police officer or Building Official in regards to a disruptive
conduct report or the revocation of a residential rental registration
or residential rental license may appeal to the Disruptive Conduct
Board of Appeals. Such appeals must be filed, in writing, within 10
working days from the date of receipt of the disruptive conduct report
or notice of revocation.
A.
Any person aggrieved by any decision of a police officer or Building
Official in regard to a disruptive conduct report or the revocation
of a residential rental registration or residential rental license
based upon the issuance of disruptive conduct reports, may appeal
to the Disruptive Conduct Board of Appeals. Such appeal must be filed,
in writing, within 10 working days from the date of receipt of the
disruptive conduct report or notice of revocation.
B.
The Disruptive Conduct Board of Appeals shall be a body of four members
consisting of a Council person, who shall serve as Chairperson; an
owner, operator, responsible agent or manager of a residential rental
unit(s) in the Borough of Pen Argyl; an occupant of a residential
rental unit residing in the Borough of Pen Argyl; and a member of
a community group recognized by the Borough Council of the Borough
of Pen Argyl.
[Amended 12-13-2022 by Ord. No. 723, approved 12-13-2022]
(1)
There shall be three alternate members: an owner operator, responsible
agent or manager, an occupant of a residential rental unit residing
in the Borough of Pen Argyl and a member of a community group recognized
by the Borough Council.
(2)
All members or alternates of the Board shall be appointed by the
Borough Council.
(3)
A member or alternate member shall serve a term of not more than
three years from the time of appointment or reappointment or until
his/her successor shall take office. Members and alternates of the
initial Board shall be appointed to staggered terms of one, two and
three years.
(4)
Designees and alternate members may be requested to attend meetings
in the absence of a regular member and shall have all the powers of
a regular member at such meetings.
(5)
Three members shall constitute a quorum of the Board. A majority
vote of the members of the quorum of the Board shall prevail. A tie
vote shall be deemed as a denial of the appeal.
C.
The Disruptive Conduct Board of Appeals shall have the following
powers:
(1)
To adopt and administer the rules of procedure regarding its organization,
officers, times and places of the meetings, conduct of meetings and
other legal procedures relating to the hearing and determination of
appeals and other matters within the Board's jurisdiction;
(2)
To hear and decide appeals where is it alleged there is error in
any order, requirement, decision or determination made by the Police
Officer or Building Official in the enforcement of the provisions
of this chapter.
(3)
To modify any notice of violation or order and to authorize a variance
from the terms of this chapter when because of special circumstance,
undue hardship would result from literal enforcement, and where such
variance substantially complies with the spirit and intent of the
Ordinance;
(4)
To grant a reasonable extension of time for the compliance of any
order where there is a demonstrated case of hardship and evidence
of bona fide intent to comply within a reasonable time period.
(5)
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 decision within 10 working days after
the appeal hearing.
(6)
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 police
officer or Building Official; provided, however, that the Disruptive
Conduct Boards of Appeals, in its determination, shall not ignore
the clear provisions and intent of this chapter.
D.
Any persons, including the Police Officer or Building Official for
the Borough, aggrieved by any decision of the respective Board, may
appeal to the Court of Common Pleas of Northampton County. Such appeal
shall be made by a duly verified petition which shall set forth the
factual and legal basis upon which the decision of the Board is alleged
to be illegal, in whole or part. Such petition shall be presented
to the Court of Common Pleas and a notice thereof must be given to
the appellee within 30 days after the filing of the decision in the
office of the Board.
E.
If this appeal is of a third disruptive conduct report and the decision
of the police officer or Building Official has been affirmed, and
no appeal is pending, within 10 working days after the expiration
of the time for compliances as required by the decision of the Disruptive
Conduct Board of Appeals or Court of Common Pleas, the Building Official
shall reinspect to determine compliances as to whether the occupant
has voluntarily moved from the premises or the owner has initiated
eviction proceedings.
F.
If, when so required by a third disruptive conduct report, the occupant
has not voluntarily moved or the owner has not initiated eviction
proceedings, the Building Official shall institute revocation of the
residential rental registration or the residential rental license.
G.
The disruptive conduct report and all records of all proceedings
and the final disposition of the matter outlined in the appeal shall
be public and available for inspection; provided, however that the
police officer or Building Official may prescribe reasonable regulation
regarding the time and manner of inspection.
A.
Fees.
(1)
Registration. The fee for a residential rental registration shall
be set by resolution of the Borough Council and may be altered from
time to time by passage by the Council of an amended fee resolution.
(2)
Reinspections. The fee for reinspection shall be set by resolution
of the Borough Council and may be altered from time to time by passage
of the Council of any amended fee resolution.
(3)
Reinstatement. The fee to reinstate a revoked residential rental
registration or residential rental license shall be set by resolution
of the Borough Council and may be altered from time to time by passage
of the Council of any amended fee resolution
(4)
Transfer. The fee to transfer a residential rental registration or
residential rental license shall be set by resolution of the Borough
Council and may be altered from time to time by passage of the Council
of any amended fee resolution.
(5)
All fees may be amended from time to time by resolution of the Borough
Council of the Borough of Pen Argyl.
B.
Penalties.
(1)
Revocation of residential rental registration or residential rental
license: A fine of not less than $500 per residential rental unit
for each month the violation exists. Each month the violation exists
constitutes a separate violation. A fine shall not be sought for any
period during which the residential rental unit is vacant and the
owner, operator, responsible agent or manager is taking appropriate
action to correct the violations.
(2)
Failure to register, or failure to seek a residential rental license
(for newly constructed, newly created or substantially rehabilitated
residential rental units): The owner, responsible agent or manager
shall be sent a thirty-day notice of violation, warning them of their
failure to comply with the terms of this chapter. If they do not comply
at the end of the 30 days, there shall be a fine of not less than
$500 per residential rental unit for each month the violation exists.
Each month the violation exists constitutes a separate violation.
(3)
Whoever violates any provision of this chapter or any section of
this chapter shall upon first offense be fined not more than $1,000
or imprisoned not more than 90 days, or both.
(4)
If, after any conviction for violation of this chapter or any lawful
order issued pursuant thereof, such person continues violation, than
such person shall be liable for further prosecution, conviction, and
punishment without any necessity of the police or Building Official
to issue a new notice of violation or order, and until such violation
has been corrected.
(5)
In addition to prosecution of persons violating this chapter, the
police or Building 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 effect the provisions of this chapter.
This chapter shall become effective September 1, 2010.
