[Ord. 766, 1/1/1994, § 1; as amended by Ord. 816,
11/9/1998; by Ord. 829, 3/12/2001, §§ 1-4; and by Ord
872, 4/12/2004, § 11-101]
1.
It is the purpose of this Part and the policy of the Town Council
of the Town of Bloomsburg, in order to protect and promote the public
health, safety and welfare of its citizens, to establish rights and
obligations of owners and occupants relating to the rental of certain
dwelling units and dormitory units in the Town of Bloomsburg and to
encourage owners and occupants to maintain and improve the quality
of rental housing within the community. It is also the policy of the
Town that owners, managers and occupants share responsibilities to
obey the various codes adopted to protect and promote public health,
safety and welfare. As means to those ends, this Part provides for
a system of inspections, issuance and renewal of occupancy licenses
and sets penalties for violations. This Part shall be liberally construed
and applied to promote its purposes and policies. In considering the
adoption of this Part, the Town of Bloomsburg makes the following
findings:
A.
While the Town Council of the Town of Bloomsburg acknowledges the
significant contribution that Bloomsburg University, its students,
faculty and staff makes to the culture and economy of the Town of
Bloomsburg, in recent years, adverse effects of student housing on
residential neighborhoods have increased and there has been an increase
in destructive student behavior that threatens the health, safety
and welfare of the student citizens and non-student citizens of the
Town of Bloomsburg.
B.
Accordingly, the Town Council of the Town of Bloomsburg makes the
following findings relating to student housing and its effect on the
residential neighborhoods of the Town of Bloomsburg and the effect
of student lifestyles on the health, safety and welfare of the student
citizens and non-student citizens of the Town of Bloomsburg:
(1)
When compared to other unrelated cohabitating individuals and
traditional families, groups of students have different hours, work
and social habits and frequently cause noise, disturbances and problems
in residential neighborhoods.
(2)
There is a greater incidence of violations of various codes
of the Town at residential properties where owners rent such property
to students.
(3)
There is a greater incidence of problems with the maintenance
and upkeep of residential properties where owners rent such property
to students than at owner-occupied residential properties, family-occupied
residential rental properties or residential properties that are occupied
by unrelated persons who are not students.
(4)
There is a greater incidence of disturbances which adversely
affect the peace and quiet of the neighborhood at residential properties
where owners rent to students than at owner-occupied residential properties,
family-occupied residential rental properties or residential properties
that are occupied by unrelated persons who are not students.
(5)
A concentration of student homes changes the character of a
neighborhood from one with traditional family values to one that cannot
maintain those and approximately 90% of the Town's student homes are
concentrated in two areas of the Town which displaces middle and lower
income housing by absorbing housing units and rendering the remaining
units less desirable for more traditional residential use.
(6)
Since 1994, nine students have died as a result of fires in
houses occupied by students; two students have died of alcohol overdose;
one student has died as a result of exposure when he fell from a porch
at a student party.
(7)
Since 1997, 155 reports of disruptive conduct under the Town's
Regulated Rental Unit Occupancy Ordinance involving student behavior
have been filed.
(8)
Since 1996, 73 prosecutions for unlawfully occupying premises
while smoke or fire detectors were not operational have been filed
against students.
(9)
Since 1998, 295 prosecutions for underage drinking have been
filed against students and 11 prosecutions were filed against non-student
residents of the Town of Bloomsburg.
(10)
Since 1998, 43 student parties have been raided where arrests
were made for underage drinking and furnishing alcohol to minors.
(11)
There are sufficient differences between student housing and
nonstudent housing and the behavior of students and non-student residents
to justify different regulations for each class of resident.
(12)
Dwelling units presently being used by three or more unrelated
individuals are being modified for occupancy by two students requiring
the relocating of bearing walls and the modification of utilities,
sanitation facilities, means of ingress and egress and smoke and fire
detection systems.
(13)
Inspections of dwelling units occupied by two students have
revealed little or no life protecting equipment in the dwelling units
such as smoke and fire alarms and detectors and fire extinguishers,
over-loaded electrical services, heating systems needing servicing
and the use of supplemental heaters, all of which create a dangerous
living environment.
(14)
There is a significant occurrence of disruptive behavior in
dwelling units occupied by less than three unrelated students as compared
to dwelling units that are occupied by owners, traditional families
or unrelated persons who are not students.
(15)
Students who remain in the occupancy of the premises for periods
of time after they are no longer students contribute to the above-described
problems.
(16)
Because of the demand for student housing in the Town of Bloomsburg,
developers have expressed interest in developing properties for use
as dormitories where students live in rooms without fixed kitchen
facilities.
(17)
[1]The Town Council of the Town of Bloomsburg is desirous
of providing the same protection and standards for students who reside
in dormitories or dwelling units.
[1]
Editor's Note: Former Subsection 1B(17), which provided that
dormitory type uses were not covered by the Regulated Rental Unit
Occupancy Ordinance, was repealed by Ord. No. 1023, 5/10/2021. Said
ordinance also provided for the redesignation of former Subsection
1B(18) through (20) as Subsection 1B(17) through (19), respectively.
(18)
The Town Council of the Town of Bloomsburg is desirous of imposing
the same responsibilities upon owners of dormitory units and dwelling
units where students reside.
(19)
The Town Council of the Town of Bloomsburg finds that Bloomsburg
University has sufficient resources and interest to properly manage
dormitories owned by it and there is no need to regulate such dormitories.
2.
CODE
CODE ENFORCEMENT OFFICER
COMMON AREA
COMMUNITY LIVING FACILITY
DISRUPTIVE CONDUCT
DISRUPTIVE CONDUCT REPORT
DORMITORY UNIT
DWELLING
DWELLING UNIT
GUEST
LANDLORD
MANAGER
MULTIPLE-UNIT DWELLING
OCCUPANCY LICENSE
OCCUPANT
OWNER
OWNER-OCCUPIED DWELLING UNIT
PERSON
POLICE
PREMISES
REGULATED RENTAL UNIT
RENTAL AGREEMENT
STUDENT
TENANT
TOWN
UNRELATED
Definitions.
Any code or ordinance adopted, enacted and/or in effect in and for the Town of Bloomsburg concerning fitness for habitation or the construction, maintenance, operation, occupancy, use or appearance of any premises or dwelling unit or dormitory unit. Included within, but not limited by, this definition are the following which are in effect as of the date of enactment of this Part BOCA Basic Building Code [Chapter 5], BOCA Basic Plumbing Code [Chapter 5], BOCA Basic Property Maintenance Code [Chapter 5], BOCA Basic Fire Prevention Code [Chapter 5, National Electrical Code [Chapter 5], Floodplain Management Ordinance [Chapter 8], Weed and Vegetation Control Ordinance [Chapter 10], Sidewalk Maintenance and Ice Removal Ordinance [Chapter 21], Solid Waste and Recycling Ordinance [Chapter 20], Historic District Ordinance [Chapter 27], Zoning Ordinance [Chapter 27] and any duly enacted amendment or supplement to any of the above and any new enactment falling within this definition.
The duly appointed Code Enforcement Officer(s) having charge
of the Office of Code Enforcement of the Town of Bloomsburg and any
assistants or deputies thereof.
Any open area within a structure shared by occupants or that
the occupants have the right to share including, but not limited to,
kitchens, bathrooms, living rooms, dining rooms, attics, basements
and any room used for parties, social events or the congregation of
people, excepting bedrooms.
A living arrangement whereby unrelated individuals with diagnosed
mental health or mental retardation problems reside on a permanent
basis with twenty-four-hour supervision and whose primary purpose
is the development and maintenance of community living skills.
Any form of conduct, action, incident or behavior perpetrated,
caused or permitted by any occupant or visitor of a regulated dwelling
unit or dormitory unit that is so loud, untimely (as to hour of the
day), offensive, riotous or that otherwise disturbs other persons
of reasonable sensibility in their peaceful enjoyment of their 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
constitutes 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 herein.
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
therefore, to be completed by the Code Enforcement Officer or police,
as the case may be, who actually investigates an alleged incident
of disruptive conduct and which shall be maintained by the Code Enforcement
Officer.
A space in a building where group sleeping accommodations
are provided in one room, or in a series of closely associated rooms,
for persons who are not members of the same family group, and which
is under joint occupancy and single management, as in college dormitories
or fraternities and sororities.
[Amended by Ord. No. 1023, 5/10/2021]
A building having one or more dwelling units.
One or more rooms, including "apartments," used for living
and sleeping purposes, having a kitchen or kitchenette with fixed
cooking facilities and a bathroom with a toilet and bathtub or shower.
A person on the premises with the actual or implied consent
of an occupant.
One or more persons, jointly or severally, in whom is vested
all or part of the legal title to the premises or all or part of the
beneficial ownership and a right to present use and enjoyment of the
premises, including a mortgage holder in possession of a regulated
rental unit or dormitory unit, (same as "owner").
An adult individual designated by the owner of a regulated
rental unit or dormitory unit under § 11-102.2. The manager
shall be the agent of the owner for service of process and receiving
notices or demands and to perform the obligations of the owner under
this Part and under rental agreements with occupants.
A building containing two or more independent dwelling units
including, but not limited to, double houses, row houses, townhouses,
condominiums, apartment houses and conversion apartments.
The license issued to the owner of regulated rental units
or dormitory units under this Part, which is required for the lawful
rental and occupancy of regulated rental units or dormitory units.
An individual who resides in a regulated rental unit, or
dormitory unit whether or not he or she is the owner thereof, with
whom a legal relationship with the owner/landlord is established by
a written lease or by the laws of the Commonwealth of Pennsylvania.
One or more persons, jointly or severally, in whom is vested
all or part of the legal title to the premises or all or part of the
beneficial ownership and a right to present use and enjoyment of the
premises, including a mortgage holder in possession of a regulated
rental unit or dormitory unit.
A dwelling unit in which the owner, who is not a student,
resides on a regular, permanent basis.
A natural person, partnership, corporation, unincorporated
association, limited partnership, trust or any other entity.
The Police Department of the Town of Bloomsburg or any properly
authorized member or officer thereof or any other law enforcement
agency having jurisdiction within the Town of Bloomsburg.
Any parcel of real property in the Town, including the land
and all buildings and appurtenant structures or appurtenant elements,
on which one or more regulated rental units or dormitory units are
located.
A dwelling unit, currently or previously licensed in accordance
with the provisions of this Part, for the housing of students, which
is occupied by two or more unrelated individuals, under a rental agreement,
who are not the owner of record, and who may or may not be matriculating
as a graduate or undergraduate student.
[Amended by Ord. No. 1023, 5/10/2021]
A written agreement between owner/landlord and occupant/tenant
supplemented by the addendum required under § 11-102.5,
embodying the terms and conditions concerning the use and occupancy
of a specified regulated rental unit, dormitory unit or premises.
A person who is registered to be enrolled or who is enrolled
and matriculating at Bloomsburg University as an undergraduate student
or who is on a semester or summer break from studies at a college
or university.
An individual who resides in a regulated rental unit or dormitory
unit, whether or not he or she is the owner thereof, with whom a legal
relationship with the owner/landlord is established by a written lease
or by the laws of the Commonwealth of Pennsylvania, (same as "occupant").
The Town of Bloomsburg, Columbia County, Pennsylvania.
Of or pertaining to two or more persons not related to one
another through blood to the level of second cousins, adoption or
marriage.
[Ord. 766, 1/1/1994, § 2; as amended by Ord. 792,
3/10/1997, § 1; by Ord. 829, 3/12/2001, § 5 and
by Ord. 872, 4/12/2004, § 11-102]
1.
General. It shall be the duty of every owner to keep and maintain
all regulated rental units or dormitory 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. The landlord shall be responsible for regularly
performing all routine maintenance, including lawn mowing and ice
and snow removal, and for making any and all repairs in and around
the premises. As provided for in this Part, 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 Part, every
owner shall also be responsible for regulating the conduct and activities
of the occupants of every regulated rental unit and dormitory unit
which he, she or it owns in the Town, which conduct or activity takes
place at such regulated rental unit or dormitory unit or its premises.
In order to achieve those ends, every owner of a regulated rental
unit or dormitory unit shall regulate the conduct and activity of
the occupants thereof, both contractually and through enforcement,
as more fully set forth below. This Section shall not be construed
as diminishing or relieving, in any way, the responsibility of occupants
or their guests for their conduct or activity, nor shall it be construed
as an assignment, transfer or projection over or onto any owner of
any responsibility of occupants or their guests for their conduct
or activity, nor shall it be construed as an assignment, transfer
or projection over or onto any owner of any responsibility or liability
which occupants 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 Section be construed so
as to require an owner to indemnify or defend occupants or their guests
when any such action or proceeding is brought against the occupant
based upon the occupant's conduct or activity. Nothing herein is intended
to impose any additional civil/criminal liability upon owners other
than that which is imposed by existing law. This Part is not intended
to, nor shall its effect be, to limit any other enforcement remedies
which may be available to the Town against an owner, occupant or guest
thereof.
2.
Designation of Manager. Ever owner who is not a full-time resident
of the Town of Bloomsburg, or elsewhere in an area that is a local
call from the Town of Bloomsburg, shall designate a manager who shall
reside in an area that is a local call from the Town of Bloomsburg.
If the owner is a corporation, a manager shall be required if an officer
of the corporation does not reside in the aforesaid calling area.
The officer shall perform the same function as a manager. If the owner
is a partnership, a manager shall be required if a partner does not
reside in the aforesaid calling area. Said partner shall perform the
same function as a manager. The manager shall be the agent of the
owner for service of process and receiving of notices and demands,
as well as for performing the obligations of the owner under this
Part and under rental agreements with occupants. The identity, address
and telephone numbers(s) of a person who is designated as manager
hereunder shall be provided by the owner or manager to the Town and
such information shall be kept currently and updated as it changes.
3.
4.
Maintenance of Premises.
A.
The owner shall maintain the premises in compliance with the applicable
codes of the Town 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.
B.
The owner and occupant may agree that the occupant is to perform
specified repairs, maintenance tasks, alterations or remodeling. In
such case, however, such agreement between the owner and occupant
must be in writing. Such an agreement may be entered into between
the owner and occupant only if:
C.
In no case shall the existence of any agreement between owner and
occupant relieve an owner of any responsibility under this Part or
other ordinances or codes for maintenance of premises.
5.
Written Rental Agreement.
A.
All rental agreements for regulated dwelling units or dormitory units shall be in writing and shall be supplemented with the addendum attached hereto as Appendix A.[1] No oral leases and no oral modifications thereof are permitted.
All disclosures and information required to be given to occupants
by the owner shall be furnished before the signing of the rental agreement.
The owner shall provide occupant with copies of the rental agreement
and addendum upon execution.
[1]
Editor’s Note: Appendix A is included at the end of this Chapter.
B.
Terms and Conditions. Owner and occupant may include in a rental
agreement terms and conditions not prohibited by this Part or other
applicable ordinances, regulations and laws, including rent, term
of the agreement and other provisions governing the rights and obligations
of the parties.
C.
Prohibited Provisions. Except as otherwise provided by this Part,
no rental agreement may provide that the occupant or owner agrees
to waive or to forego rights or remedies under this Part. A provision
prohibited by this subsection included in a rental agreement is unenforceable.
D.
Attachment of Part to Rental Agreement. Following the effective date
of this Part, a summary hereof in a form provided to owner by the
Town, at the time of licensing, shall be attached to each rental agreement
delivered by or on behalf of an owner when any 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 Part, the owner shall provide
the occupants with a copy of the summary within 60 days after enactment
of this Part.
E.
The owner shall secure a written acknowledgment from occupants that
the occupants have received the disclosures and information required
by this Part.
F.
Upon oral or written request by the Town of Bloomsburg, the owner,
within 10 days of the request, shall furnish to the Town copies of
the acknowledgment that the occupants received the disclosures and
information required by this Part.
G.
Upon oral or written request by the Town of Bloomsburg, the owner,
within 10 days of the request, shall furnish to the Town, for inspection
purposes only, copies of the leases the owner has entered into for
regulated rental units.
6.
Complaints. The owner shall reply promptly to reasonable complaints
and inquiries from occupants.
7.
Landlord-Tenant Act. The owner shall comply with all provisions of
the Landlord-Tenant Act of the Commonwealth of Pennsylvania.
8.
Common Areas. Where an owner of a regulated dwelling unit or a dormitory
unit does not regulate the use of common areas and the behavior of
occupants 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. The failure of the owner to
regulate behavior of occupants and guests in the common areas that
results in the following shall be a violation of this Part:
9.
Enforcement.
A.
Within 10 days after receipt of written notice from the Code Enforcement
Officer that an occupant of a regulated rental unit or dormitory unit
has violated a provision of this Part, the owner shall take immediate
steps to remedy the violation and take steps to assure that there
is not a reoccurrence of the violation.
B.
Within 20 days after receipt of a notice of violation, the owner
shall file with the Code Enforcement Officer a report, on a form provided
by the Town, setting forth what action the owner has taken to remedy
the violation and what steps he or she has taken to prevent a reoccurrence
of the violation. The report shall also set forth a plan as to steps
the owner will take in the future if the violation reoccurs.
C.
The Code Enforcement Officer shall review the report and, if adequate
steps have been taken and the plan is adequate to address future violations,
shall approve the plan. The owner shall, on his or her initiative,
enforce the plan and failure to do so shall be a violation of this
Part.
D.
In the event that a second violation occurs within a license year
involving the same occupant or occupants, the Code Enforcement Officer
may direct the owner to evict the occupants who violated this Part
and to not permit the occupant to occupy the premises during the subsequent
licensing period.
10.
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.
11.
Town Can Make Repairs. In case the owner of premises shall neglect,
fail or refuse to comply with any notice from the Town or its Code
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 Town 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 Town 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 judgment and enforced
and collected as provided by law, together with interest at the legal
rate and court costs. The remedies provided by this subsection are
not exclusive and the Town and its Code Enforcement Officer may invoke
such other remedies available under this Part or the 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 license issued hereunder.
12.
The owner shall permit inspections of any premises by the Code Enforcement
Officer at reasonable times upon reasonable notice.
13.
The owner shall post in a conspicuous location in the entryway of
every licensed regulated unit or dormitory unit the following:
A.
The current license and current inspection report issued by the Code
Enforcement Office of the Town of Bloomsburg.
B.
The addendum to the licensed application required by this Part showing
the names of the authorized occupants of the regulated rental unit
or dormitory unit.
C.
The total number of persons who may occupy the regulated rental unit
or dormitory unit and any common areas located within the regulated
rental unit or dormitory unit.
D.
A notice of ordinances and statutes applicable to the occupants of
a regulated rental unit or dormitory unit on a placard provided by
the Town of Bloomsburg.
E.
The owner shall also post in all common areas the total number of
persons who can occupy the common area on a form provided by the Town
of Bloomsburg.
F.
The notices required by this Section shall be posted in such a way
so as to minimize tampering and removal.
[Ord. 766, 1/1/1994, § 3; as amended by Ord. 829,
3/12/2001, § 6, and by Ord. 872, 4/12/2004, § 11-103]
1.
General. The occupant shall comply with all obligations imposed upon
occupants by this Part, all applicable codes and ordinances of the
Town and all applicable provisions of State law.
2.
Health and Safety Regulations.
A.
The maximum number of persons permitted in any regulated rental unit
or dormitory unit at any time shall not exceed one person for each
40 square feet of habitable floor space in said regulated rental unit
or dormitory unit. The maximum number of persons permitted in the
common areas of any multiple-unit dwelling or any dormitory at any
time shall not exceed one person for each 15 square feet of common
area on the premises.
B.
The occupant shall deposit all rubbish, garbage and other waste from his or her regulated rental unit or dormitory unit into containers provided by the owner or landlord in a clean and safe manner and shall separate and place for collection all recyclable materials, in compliance with the recycling plan submitted by the owner to the Town under Bloomsburg's Solid Waste and Recycling Ordinance [Chapter 20] or if there is no recycling plan for the premises, then in compliance with Bloomsburg's Solid Waste and Recycling Ordinance [Chapter 20] and all other applicable ordinances, laws and regulations.
3.
Peaceful Enjoyment. The occupant shall conduct himself or herself
and require other persons including, but not limited to, guests on
the premises and within his or her regulated rental unit or dormitory
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.
4.
Residential Use. The occupant shall, unless otherwise permitted by
applicable law or ordinance, occupy or use his or her regulated rental
unit or dormitory unit for no other purpose than as a residence.
5.
Illegal Activities. The occupant 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.).
6.
Disruptive Conduct.
A.
The occupant shall not engage in, nor tolerate nor permit others
on the premises to engage in, disruptive conduct or other violations
of this Part.
B.
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 filled in on 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 for the disruptive conduct requested on the prescribed from.
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 three
working days of the occurrence of the alleged disruptive conduct,
whether the person making the investigation on behalf of the Town
is the Code Enforcement Officer or police.
7.
Compliance with Rental Agreement. The occupant 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.
8.
Damage to Premises. The occupant shall not intentionally cause, nor
permit nor tolerate others to cause, damage to the premises. Conduct
which result in damages in excess of $500 shall be considered a violation
of this Part.
9.
Inspection of Premises. The occupant shall permit inspections by
the Code Enforcement Officer of the premises at reasonable times,
upon reasonable notice.
10.
Removal or Defacement of Notice. It shall be a violation of this
Part for any person to remove or deface any notice of a document required
to be posted within a regulated rental unit or dormitory unit and
it shall be unlawful for any person to occupy the regulated rental
unit or dormitory unit unless all notices and documents are posted
as required.
11.
It shall be a violation of this Part for any occupant or any other
person to engage in disruptive conduct as defined by this Part.
[Ord. 766, 1/1/1994, § 4; as amended by Ord. 792,
3/10/1997, §§ 2, 3; by Ord. 829, 3/12/2001, § 7;
by Ord. 834, 7/9/2001; by Ord. 872, 4/12/2004; and by Ord. 905, 8/13/2007]
1.
License Requirement.
A.
As a prerequisite to entering into a rental agreement or permitting the occupancy of any regulated rental unit or dormitory unit (except as provided in Subsection 1C below), the owner of every such regulated rental unit or dormitory unit shall be required to apply for and obtain a license for each regulated rental unit or dormitory unit.
B.
A license shall be required for all regulated rental units and all
dormitory units.
C.
The following categories of rental properties shall not require licenses,
and shall not, therefore, be subject to the permitting provision of
this Part:
D.
A license shall not be required for multiple-unit dwellings, although
a license shall be required for each regulated rental unit or dormitory
unit within the structure. The foregoing notwithstanding, all other
provisions of this Part shall apply to the common areas of the structure.
E.
The application for the license shall be in a form as determined
by the Town.
F.
The owner shall maintain a current and accurate list of the occupants
in each regulated rental unit or dormitory unit which shall include
their name, permanent address and permanent telephone number which
shall be available to the Town for inspection upon reasonable notice.
The owner shall notify the Town of changes in the occupancy within
10 days of the change and shall provide the name of the person who
is not longer residing in the premises in the event a person departs
and the name, permanent address and permanent telephone number of
new occupants in the event a new person is added.
G.
The owner shall furnish with his or her application for license a
copy of the written lease form the owner intends to have the occupants
of each licensed dwelling unit execute. If the owner uses more than
one form of lease, the owner shall furnish a copy of each form. The
license will not be issued if the lease form does not meet the requirements
of § 11-102.5 of this Part.
H.
The owner shall furnish with his or her application, for inspection
purposes only, the leases that have been entered into that will cover
all or part of the license term. The license will not be issued if
such leases are not furnished for inspection. Leases shall be furnished
for all persons who have paid a downpayment at the time that the owner
applies for a license or who have committed to residing in the premises.
I.
The owner shall furnish with his or her application for a license
a floor plan, drawn to scale, with the measurements of each room within
the regulated rental unit or dormitory unit. The owner shall submit
the scale drawing only with the first application submitted after
the enactment of this Part. In the event that there are changes to
the floor plan, the owner shall submit a revised floor plan with the
application first submitted after the changes to the floor plan were
made.
J.
In the event that a license is denied by the Code Office, the owner
shall have the right to appeal to the Town Council of the Town of
Bloomsburg within 30 days of mailing of the notice of denial of the
application. The hearing before the Town Council shall be governed
by the Local Agency Act.
K.
No license shall be issued to an owner unless the rental unit is
in compliance with all applicable codes and ordinances of the Town
of Bloomsburg.
2.
Annual License Term, Fee and Occupancy Limit.
A.
Each license shall have an annual term running from September 15
through September 14 of the next year.
[Amended by Ord. No. 1023, 5/10/2021]
B.
Upon application for a license and prior to issuance or renewal thereof,
each applicant shall pay to the Town an annual license and inspection
fee, in an amount to be established, from time to time, by resolution
of the Town Council. Such resolution may provide for more than one
fee scale for different categories of premises, to be more specifically
set forth in the resolution.
C.
The license shall indicate thereon the maximum number of occupants
in each regulated rental unit or dormitory unit.
D.
No license shall be issued if the owner has not paid any fines and
costs arising from enforcement of this Part or any of the ordinances
of the Town of Bloomsburg relating to land use and/or code enforcement
or if any licensing fees under this Part are due and owing the Town.
The Town shall keep copies of leases that it retains in confidence
and shall not disclose their contents except as part of official Town
Business.
|
3.
Inspection.
A.
All premises shall be subject to periodic inspection by the Code
Enforcement Officer or another duly authorized agent of the Town.
Such inspection may take place when an application is submitted for
a license, or at any time during the year.
B.
The Code Enforcement Officer is hereby designated as the official
authorized to enforce this Part and to take appropriate measures to
abate violation hereof, for and on behalf of the Town of Bloomsburg.
C.
This Section shall not be construed so as to limit or restrict the
Code Enforcement Officer's authority to conduct inspections of premises,
whether or not subject to the permitting and inspection requirements
of this Part, pursuant to any other ordinance or code.
D.
If upon the initial inspection, violations of the Codes of the Town
of Bloomsburg are identified, owner shall pay a reinspection fee for
each and every time it is necessary for the Code Officer of the Town
of Bloomsburg to reinspect the property until no such violations are
found. The amount of the reinspection fee is to be determined by the
Town Council of the Town of Bloomsburg, from time to time.
4.
Search Warrant. Upon a showing of probable cause that a violation
of this Part or any other ordinance of the Town of Bloomsburg has
occurred, the Code Enforcement Officer may apply to the district justice
having jurisdiction in the Town of Bloomsburg for a search warrant
to enter and inspect the premises.
[Ord. 766, 1/1/1994, § 5; as amended by Ord. 872,
4/12/2004, § 11-105]
1.
General. The Code Enforcement Officer may initiate disciplinary action
against an owner that may result in a formal warning, nonrenewal,
suspension or revocation of the owner's license, for violating any
provision of this Part that imposes a duty upon the owner and/or for
failing to regulate the breach of duties by occupants as provided
for herein.
2.
Definitions of Options.
A.
Formal Warning. Formal written notification of at least one violation
of this Part. Upon satisfactory compliance with this Part and any
conditions imposed by the Code Enforcement Officer and/or the Town
Council, the formal warning shall be removed when the owner applies
for license renewal at a time set by the Code Enforcement Officer
or by Town Council.
B.
Nonrenewal. The denial of the privilege to apply for license renewal
after expiration of the license term. The Town will permit the owner
to maintain occupants in the premises until the end of the license
term but will not accept applications for renewal of the license until
a time set by the Code Enforcement Officer or by Town Council.
C.
Suspension. The immediate loss of the privilege to rent regulated
rental units or dormitory units for a period of time set by the Code
Enforcement Officer or Town Council. The owner, after the expiration
of the suspension period, may apply for license renewal without the
need to show cause why the owner's privilege to apply for a license
should be reinstated. Upon suspension, the owner shall take immediate
steps to evict the occupants.
D.
Revocation. The immediate loss of the privilege to rent regulated
rental units or dormitory units for a period of time set by the Code
Enforcement Officer or the Town Council and the loss of the privilege
to apply for renewal of the license at the expiration of the time
period. Upon the loss of the privilege to rent, the owner shall take
immediate steps to evict the occupants.
3.
Criteria for Applying Discipline. The Code Enforcement Officer, when
recommending discipline, and the Town Council, when applying discipline,
shall consider the following:
A.
The effect of the violation on the health, safety and welfare of
the occupants of the regulated rental unit or dormitory unit and other
residents of the premises.
B.
The effect of the violation on the neighborhood.
C.
Whether the owner has prior violations of this Part and other ordinances
of the Town or has received notices of violations as provided for
in this Part.
D.
Whether the owner has been subject to disciplinary proceedings under
this Part.
E.
The effect of disciplinary action on the occupants.
F.
The action taken by the owner to remedy the violation and to prevent
future violations, including any written plan submitted by the owner.
G.
The policies and lease language employed by the owner to manage the
regulated dwelling unit or dormitory unit to enable the owner to comply
with the provisions of this Part.
H.
In addition to applying discipline as set forth above, the Code Enforcement
Officer may recommend and Town Council may impose upon the existing
or subsequent licenses reasonable conditions related to fulfilling
the purposes of this Part.
4.
Grounds for Imposing Discipline. Any of the following may subject
an owner to discipline as provided for in this Part:
A.
Failure to abate a violation of Town codes and ordinances that apply
to the premises within the time directed by the Code Enforcement Officer.
B.
Refusal to permit the inspection of the premises by the Code Enforcement
Officer as required by § 11-104.3.
C.
Failure to take steps to remedy and prevent violations of this Part
by occupants of regulated rental units or dormitory units as required
by § 11-102.1 of this Part.
D.
Failure to file and implement an approved plan to remedy and prevent
violations of this Part by occupants of a regulated rental unit or
dormitory unit as required by § 11-102.1 of this Part.
E.
Failure to evict occupants after having been directed to do so by
the Code Enforcement Officer of the Town as provided for in § 11-102.1
of this Part.
F.
Three violations of this Part or other ordinances of the Town that
apply to the premises within a license term. For purposes of this
Part, there need be no criminal conviction before a violation can
be found to exist. Before a prior violation can be considered under
this Section, the owner must have received notice in writing of this
violation within 30 days after the Code Enforcement Officer received
notice of the violation.
5.
Procedure for Nonrenewal, Suspension or Revocation of License.
A.
Notification. Following a determination that grounds for nonrenewal,
suspension or revocation of a license exist, the Code Enforcement
Officer shall notify the owner of the action to be taken and the reason
therefor. Such notification shall be in writing, addressed to the
owner in question and shall contain the following information:
(1)
The address of the premises in question and identification of
the particular regulated rental unit(s) or dormitory unit(s) affected.
(2)
A description of the violation which has been found to exist.
(3)
A statement that the license for said regulated rental unit(s)
or dormitory unit(s) shall be either suspended or revoked, or will
not be renewed for the next license year beginning July 1, or that
the owner will receive a formal warning. In the case of a suspension
or revocation, the notice shall state the date upon which such suspension
or revocation will commence and in the case of a suspension shall
also state the duration of said suspension.
(4)
A statement that, due to the nonrenewal, suspension or revocation
(as the case may be), the owner or any person acting on his, her or
its behalf is prohibited from renting, leasing or permitting occupancy
of the dwelling unit(s) by more than two unrelated individuals subject
to said enforcement action, from and during the period said action
is in effect.
(5)
A statement informing the owner that he, she or it has a right
to appeal the decision suspending, revoking or declining to renew
the license to Town Council, by submitting in writing to the Town
Secretary/Administrator, within 30 days from the date printed on the
notice, a detailed statement of the appeal including the grounds therefor
and the reason(s) alleged as to why the determination of the Code
Enforcement Officer is incorrect or should be overturned, and a statement
of relief requested by the appellant. Such notice of appeal may be
required to be submitted on a form to be prescribed therefor by Town
Council, to be signed by the appellant. There is hereby imposed a
fee for filing of such appeals, the amount of which shall be determined
and established, from time to time, by resolution of Town Council.
(6)
Upon receipt of such an appeal in proper form, accompanied with
the requisite filing fee, the Town Secretary/Administrator shall schedule
a hearing to be held at the time and date of the next regularly scheduled
Town Council meeting not less than 10 days from the date on which
the appeal is filed.
(7)
The appellant, the Code Enforcement Officer and the owners of
properties within a radius of 300 feet from the premises for which
the license is at issue shall receive written notice of the hearing
on the appeal.
(8)
Town Council shall hold a hearing on the appeal which shall
be conducted in accordance with the Local Agency Law, 2 Pa.C.S.A.
§§ 551-555. The appellant and all other parties having
an interest may be heard. Based on the facts and arguments of the
appellant and of the Code Enforcement Officer and any police or other
public officials involved, and any relevant factual presentations
of other parties, the Town Council shall make a decision either affirming,
reversing or modifying the action of the Code Enforcement Officer
from which the appeal was taken. Such decision shall be rendered at
a public meeting either immediately following the hearing or within
30 days thereafter. The decision shall be reduced to writing stating
clearly the factual and legal basis for the decision, within 45 days
after the hearing. If Town Council deems it necessary or desirable,
it may continue the hearing to a subsequent time and date not later
than 30 days from the initial hearing, which time and date shall be
openly announced at the initial hearing and in such case, the time
limits for rendering the decision and reducing it to writing set forth
herein shall be calculated from the last hearing date (at which the
substance of the decision is orally announced).
B.
Delivery of Notification.
(1)
All notices shall be sent to the owner and manager, if applicable,
by certified mail. In the event that the notice is returned by the
postal authorities marked "unclaimed" or "refused," then the Code
Enforcement Officer shall attempt delivery by personal service on
the owner or manager, if applicable. The Code Enforcement Officer
shall also post the notice at a conspicuous place on the premises.
(2)
If personal service cannot be accomplished after a reasonable attempt to do so, then the notice may be sent to the owner or manager at the address stated on the most current license application for the premises in question, 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 under Subsection B(1) above, shall thereupon be calculated from said fifth day.
[Ord. 766, 1/1/1994, § 6, as amended by Ord. 782,
11/6/1995, § 6; by Ord. 841, 12/19/2001; and by Ord. 872,
4/12/2004, § 11-106]
1.
Basis for Violation. It shall be unlawful for any person, as either
owner or manager of a regulated rental unit or dormitory unit for
which a license is required, to operate without a valid, current license
issued by the Town authorizing such operation. It shall also be unlawful
for any person, either owner or manager, to allow the number of occupants
of a regulated rental unit or dormitory unit to exceed the maximum
limit as set forth on the license, or to violate any other provision
of this Part. It shall be unlawful for any occupant to violate this
Part.
2.
Penalties. Any person who shall violate any provision of this Part
shall, upon conviction thereof, be sentenced to pay a fine of not
more than $1,000 plus costs and, in default of payment of said fine
and costs to a term of imprisonment of not more than 30 days. Each
day that a violation of this Part continues or each Section of this
Part which shall be found to have been violated shall constitute a
separate offense.
3.
Nonexclusive Remedies. The penalty provisions of this Section and
the license nonrenewal, suspension and revocation procedures provided
in this Part shall be independent, nonmutually exclusive separate
remedies, all of which shall be available to the Town as may be deemed
appropriate for carrying out the purposes of this Part. The remedies
and procedures provided in this Part for violation hereof are not
intended to supplant or replace to any degree the remedies and procedures
available to the Town in the case of a violation of any other code
or ordinance of the Town, whether or not such other code or ordinance
is referenced in this Part and whether or not an ongoing violation
of such other code or ordinance is cited as the underlying ground
for a finding of a violation of this Part.
[Ord. 766, 1/1/1994, § 7; as amended by Ord. 792,
3/10/1997, § 4; and by Ord. 872, 4/12/2004, § 11-107]
1.
Notices.
A.
For purposes of this Part, any notice required hereunder to be given
to a manager shall be deemed as notice given to the owner.
B.
There shall be a rebuttable presumption that any notice required
to be given to the owner under this Part shall have been received
by such owner if the notice was given to the owner in the manner provided
by this Part.
C.
A claimed lack of knowledge by the owner of any violation hereunder
cited shall be no defense to license nonrenewal, suspension or revocation
proceedings as long as all notices prerequisite to institution of
such proceedings have been given and deemed received in accordance
with the applicable provisions of this Part.
2.
Changes in Ownership Occupancy. It shall be the duty of each owner
of a regulated rental unit or dormitory unit to notify the Code Enforcement
Officer, in writing, of any change in ownership of the premises or
of the number of regulated rental units or dormitory units on the
premises. It shall also be the duty of the owner to notify the Code
Enforcement Officer in writing of any increase in the number of occupants
in any regulated rental unit or dormitory unit or of the changing
of a dwelling unit from owner-occupied to nonowner-occupied, which
thereby transforms the dwelling into a regulated rental unit or dormitory
unit for purposes of this Part.
3.
Owners Severally Responsible. If any regulated rental unit or dormitory
unit is owned by more than one person, in any form of joint tenancy,
as a partnership or otherwise, each person shall be jointly and severally
responsible for the duties imposed under the terms of this Part and
shall be severally subject to prosecution for the violation of this
Part.
4.
Confidentiality of Leases. The Town shall keep copies of leases that
it retains in confidence and shall not disclose their contents except
as part of official Town business.
[Ord. 949, 2/25/2013]
It is the purpose of this Part to assure that rental housing
in the Town of Bloomsburg is decent, safe and sanitary and is so operated
and maintained as not to become a nuisance to the neighborhood or
to become an influence that fosters blight and deterioration or creates
a disincentive to reinvestment in the community. The operation of
residential rental properties is a business enterprise that entails
certain responsibilities. Property owners and operators are responsible
to take such reasonable steps as are necessary to assure that the
citizens of the Town of Bloomsburg who occupy such units may pursue
the quiet enjoyment of the normal activities of life in surroundings
that are safe, secure and sanitary, and free from unreasonable exposure
to unsafe conditions. Since all rental properties in the Town of Bloomsburg
were not required to be licensed prior to the adoption of this Part,
this Part provides a property owner the option of applying for the
issuance initially of a three-year provisional license to allow the
property owner a reasonable time and opportunity to bring his or her
rental property into compliance with code requirements making it capable
of passing inspection for the issuance of a regular license. This
Part does not apply to student housing that is specifically regulated
by Ordinance No. 766, as amended,[1] nor does it apply to nursing homes, boarding homes, hotels
or motels.
[Ord. 949, 2/25/2013]
For the purposes of this Part the terms defined herein have
the following meanings:
A building containing three or more dwelling units.
Includes any and all individuals designated by the Town Council
of the Town of Bloomsburg to carry out the duties of enforcing the
provisions of this Part.
A room or group of rooms located within a building and forming
a single habitable unit with facilities which are used or intended
to be used for living, sleeping, cooking and eating by persons other
than the owner of record regardless of familial relationship or whether
rent or other compensation is paid to the owner.
All codes and regulations adopted by the Town of Bloomsburg
pertaining to the maintenance of the premises.
Includes the individuals or entities holding legal and equitable
title to the premises, or the legally constituted agent designated
by the owner for such purposes.
A one- or two-family dwelling which is occupied by persons
other than the owner of record, except a parent of the owner of record,
regardless of whether rent or other compensation is paid to the owner.
[Amended by Ord. 954, 3/24/2014]
[Ord. 949, 2/25/2013]
1.
Effective 90 days after the effective date of this Part, it shall
be unlawful for any person who is an owner of an apartment house or
an owner of a rental home to operate or permit occupancy by tenants
of such apartment house or rental home without first having obtained
a license under the provisions of this Part.
2.
Rental properties occupied by the owner as the owner's primary residence
and containing two or fewer rental dwelling units are exempt from
the licensing requirement.
[Ord. 949, 2/25/2013]
1.
Regular Licenses.
A.
The application for a rental license must contain the following information
and any other information that the Code Enforcement Officer may require
to assess compliance with the housing maintenance code and this Part:
(1)
The name, address, and telephone number of the applicant and
a statement of the applicant's relationship to the owner of the property
to be licensed.
(2)
The names, addresses, and telephone numbers of the owners of
the premises to be licensed.
(3)
If the applicant is a partnership, the names and addresses of
each managing partner.
(4)
If the applicant is a corporation, the names and addresses of
the officers.
(5)
The names, addresses, and telephone numbers of the individuals
responsible for maintaining the property. If these individuals are
not the owner or applicant, such persons shall be identified as, agent,
employee, etc. The identified individuals must be available in the
event of emergency. The said individuals must reside within 10 miles
of the rental property.
(6)
The address and number of dwelling units in the rental property
for which the license is requested.
(7)
If the applicant is an owner of more than one apartment house
or more than one rental home in the Town of Bloomsburg, a separate
application is required for each rental property to be licensed.
B.
Any changes in the above application information during the license
term must be reported to the Code Enforcement Office promptly and
no later than 30 days after the date of said change.
D.
By issuance of the applied-for license, the owner agrees that all
the lease agreements between the owner and tenants of a licensed rental
property will contain a provision wherein the tenant consents to the
inspection of their rental unit as necessary to enable the owner to
comply with this Part.
E.
The Code Enforcement Officer shall require the inspection of any
premises for which a regular license is requested. The licensee or
applicant must give reasonable notice to each tenant of the date and
time of an inspection, not less than 48 hours nor more than 30 days
prior to the scheduled inspection. The tenant's consent to inspection
contained in the lease agreement is sufficient to permit the Code
Enforcement Officer to enter upon the premises for conducting the
inspection. The owner or an authorized representative of owner must
be present at the time of the inspection, unless waived by both the
owner and the Code Enforcement Officer. Refusal to permit entry to
the premises shall be grounds for denying the permit under this Part.
F.
If the Code Enforcement Officer concludes, as a result of the information
contained in the application or other available information, including
an inspection of the premises, that an apartment house or rental home
appears to comply with requirements of the housing maintenance code,
the Code Enforcement Officer will issue the license. All dwelling
units and common areas, including sidewalks, stairways and yards,
must be in compliance with applicable codes before a regular license
can be issued for an apartment house or rental home.
G.
If the Code Enforcement Officer concludes, as a result of the information
contained in the application or other available information, including
an inspection of the premises, that an apartment house, rental home
and/or dwelling unit is not in compliance with the housing maintenance
code and this section, the applicant will have a designated time period,
to be determined by the Code Enforcement Officer, from receipt of
notice of noncompliance to correct the defects specified in the notice,
but tenant occupancy may continue during the correction period only
if the defects do not create an imminent hazard. The Code Enforcement
Officer may authorize additional time for compliance by the owner
in the exercise of reasonable discretion.
H.
From the date that the Code Enforcement Officer has ordered an inspection
under the preceding paragraph, no occupancy of dwelling units then
vacant, or which become vacant, is permitted until a regular license
has been issued if the provisional license has expired.
2.
Provisional Licenses.
A.
Unless the Code Enforcement Officer determines otherwise, all apartment
houses and rental homes in use as an apartment house or rental home
at the adoption of this Part have the option of applying for either
a regular or provisional license and are eligible for a provisional
license under the following circumstances:
[Amended by Ord. No. 992, 5/13/2019]
(1)
An application for a provisional license, on a form provided
by the Town of Bloomsburg and containing the same information required
for a regular license application, has been fully completed and payment
of the provisional license fee is made in accordance with a schedule
of fees set by resolution of the Town Council from time to time; and
(2)
There are no known defective conditions of the rental property
that would be an imminent hazard to occupants.
(3)
No new provisional licenses may be applied for or issued after
July 1, 2019.
B.
No inspection is required prior to the issuance of a provisional
license.
C.
Provisional licenses, when issued for a premises, will expire at
the end of three years and are intended to serve as an interim license
until the property has qualified for and been issued a regular license.
Provisional licenses cannot be renewed and only one may be issued
for each property.
D.
Continued occupancy by tenants will not be permitted after expiration
of the provisional license. A regular license must be secured by an
owner prior to the expiration of the provisional license to enable
further occupancy by tenants.
E.
An owner operating and/or permitting occupation of a rental home
or apartment house under a provisional license may file an application
for a regular license at any time, however, if an owner fails to file
a formal application for the issuance of a regular license more than
six months prior to the expiration date of the provisional license,
no extension of time to obtain a regular license will be granted if
inspections are not completed and the property is not brought into
compliance by or before the date of expiration of the provisional
license.
F.
If the application for a regular license is filed six months or more
before the expiration of the provisional license and, due to no fault
of the applicant, the premises cannot be inspected prior to the expiration
of the provisional license due to a high number of properties in queue
for inspection, the Code Enforcement Officer, in his or her discretion,
may permit the owner to continue operating under the provisional license
until such time as the inspections and compliance steps are completed
within the time frame set by the Code Enforcement Officer.
3.
Denial; Suspension; Revocation; Nonrenewal.
A.
The Code Enforcement Officer may revoke, suspend, deny or decline
to renew any license issued under this section upon any of the following
grounds:
(1)
False statements on any application or other information or
report required by this section to be given by the applicant or licensee.
(2)
Failure to pay any application fee, penalty or certificate,
transfer, reinspection or reinstatement fee required by the Town Council
of the Town of Bloomsburg as set forth in a schedule of fees set by
resolution of Town Council from time to time.[2]
[2]
Editor's Note: The current fee resolution is on file in the
office of the Town Secretary.
(3)
Failure to correct deficiencies outlined in notices of violation
in the time specified in the notice.
(4)
Any other violation of this Part.
B.
Regular licenses will be revoked or suspended during a license term,
or not renewed if at the end of a term, upon a finding that the premises
is not code compliant. If a regular license is suspended or revoked,
the owner may continue to lease the premises under a probationary
license; provided, however, that probationary license status, after
a regular license has been revoked, suspended, or not renewed, shall
expire in 90 days from the revocation or suspension.
C.
An action by the Code Enforcement Officer to revoke, suspend, deny or not renew a license must be in writing and must specify either the dwelling units to which it applies or the entire property and must set forth the grounds for the action. In taking the action, the Code Enforcement Officer may consider the extent of noncompliance, frequency and seriousness of violations, the ease with which such noncompliance or violations could have been cured or avoided, and good faith efforts to comply with all the applicable ordinances. The applicant or licensee may appeal the action of the Code Enforcement Officer as set forth in § 11-211.
D.
The Code Enforcement Officer may suspend or revoke a license or not
renew a license for part or all of an apartment house or rental home.
E.
Upon a decision to revoke, suspend, deny or not renew a license,
no new application from the current owner for the same apartment house
or rental home will be accepted unless accompanied by a reinstatement
and reinspection fee, as set forth in a schedule of fees set by resolution
of Town Council from time to time.
4.
Nothing in this section prevents the Code Enforcement Officer from
requiring a rental property to be vacated if any known hazardous condition
threatens imminent risk of injury or harm to the occupants or members
of the public. Furthermore, nothing in this Part is intended to interfere
with a Code Enforcement Officer's right to inspect at any time any
property in the Town of Bloomsburg upon complaint, notice, or reasonable
suspicion that the property fails to comply with applicable maintenance
and safety codes.
[Ord. 949, 2/25/2013]
The term of a regular license granted under this subsection
is three years. Regular licenses are renewable on the anniversary
date of their issuance. As a requirement of renewal of a regular license,
a Code Enforcement Officer must inspect the rental property to ensure
compliance with the housing maintenance code. The licensee must give
notice of the inspection to all applicable residents of dwellings
owned by the licensee that are to be inspected.
[Ord. 949, 2/25/2013]
A regular, provisional or probationary license is transferable
upon application to the Code Enforcement Officer and payment of the
license transfer fee by the prospective owner. The regular or provisional
license terminates if an application for transfer is not made within
30 days after transfer of ownership of an apartment house or rental
home. A probationary license terminates within 90 days of its issuance
or, if an application for transfer is not made within 30 days, after
transfer of ownership of an apartment house or rental home, whichever
occurs first.
[Ord. 949, 2/25/2013]
1.
Report Changes in Ownership. The licensee must report to the Code
Enforcement Office any changes in the identity of the owner, including
a change in the majority shareholder or shareholders and officers
in the case of corporations. The licensee must report a change in
ownership at least 30 days after closing. The new owner must furnish
the Code Enforcement Officer, in writing, the same information required
of an applicant for a regular license within the said thirty-day period.
2.
Display. Licenses issued pursuant to this Part shall be displayed
at the premises of the apartment house or rental home and produced
upon demand of a prospective tenant or the Code Enforcement Officer.
3.
Zoning Ordinance Compliance. Nothing in this Part waives the obligation
to be in compliance with the Town of Bloomsburg's Zoning Ordinance.
[Ord. 949, 2/25/2013]
The fees for licenses required by this Part and any appeals
shall be in accordance with a schedule of fees as set by resolution
of Town Council from time to time.[1]
[1]
Editor's Note: The current fee resolution is on file in the
office of the Town Secretary.
[Ord. 949, 2/25/2013]
1.
The Code Enforcement Officers appointed by the Town Council of the
Town of Bloomsburg are responsible for enforcement and administration.
2.
Enforcement actions provided are not exclusive, and the Town of Bloomsburg
may take any action with respect to a licensee, a resident, or the
licensed premises as is authorized by law.
[Ord. 949, 2/25/2013]
1.
In any instance where the Code Enforcement Officer has revoked, suspended,
denied, or not renewed a license, the applicant or licensee may appeal
the action to the Code Enforcement Appeal Board by delivering to the
Town Administrator a notice of appeal within 20 days of receipt by
the applicant or licensee of notice of the written decision by the
Code Enforcement Officer. The date of receipt of the notice of the
written decision by the Code Enforcement Officer is established by
either the date the written decision was hand delivered to the applicant
or licensee to his/her/its address appearing on the application, by
date of delivery by certified mail or delivery service or, if delivered
by regular mail, three days from the date appearing on the written
decision.
2.
Following timely submission of a notice of appeal, the applicant
or licensee will be given an opportunity for a hearing before the
Code Enforcement Appeal Board, which hearing shall be conducted in
accordance with the Local Agency Act. A decision of the Code Enforcement
Appeal Board shall be made upon findings and issued in writing no
fewer than 30 days from the close of the last hearing.
3.
A timely filed appeal to the Code Enforcement Appeal Board will act
as a supersedeas and occupancy of the rental property may continue
pending the appeal unless the violation is such as to cause imminent
risk of harm to the occupants of the rental property.
4.
Any written decision of the Code Enforcement Officer or written decision
of the Code Enforcement Appeal Board from which an appeal is not taken
is deemed a final determination by the Town of Bloomsburg.
[Ord. 949, 2/25/2013]
1.
Any person who makes a materially false statement in a license application
may be prosecuted under 18 Pa.C.S. § 4904 relating to unsworn
falsification to authorities.
2.
A violation of this Part shall be a summary offense.
3.
The Town of Bloomsburg may enforce the provisions of this Part in
any court of competent jurisdiction in law or equity in addition to
pursuing prosecution of the offending person for a summary violation.
4.
Any person violating any provision of this Part shall, upon conviction
thereof in a summary proceeding, be sentenced to pay a fine of not
less than $75, nor more than $1,000 for each and every offense, to
be collected as other fines and costs are by law collectible, or shall
be imprisoned for not more than 90 days, or both. Each day during
which the person violated any provision of this Part shall constitute
a separate offense.
[Ord. 949, 2/25/2013]
By enacting and undertaking to enforce this Part, neither the
Town of Bloomsburg nor its Council members, agents or employees warrant
or guarantee the safety, fitness or suitability of any apartment house,
rental home, or dwelling unit in the Town of Bloomsburg, and any representation
to the contrary by any person is prohibited. Owners, purchasers or
occupants of rental properties should take whatever steps they deem
appropriate to protect their interests, health, safety and welfare
prior to purchase or occupancy of the apartment house, rental home,
or dwelling unit, without reliance on any license or certificate of
compliance issued hereunder. A warning in substantially the foregoing
language will be printed on the face of each license and certificate
of compliance issued in accordance with this Part.