[Ord. 1076, 1/17/2006]
The Borough has determined that non-owner-occupied dwelling
units are frequently maintained at a standard significantly less than
owner-occupied dwelling units and that such failure to maintain those
units can and frequently does result in dwelling units which are unsafe,
unsanitary and, in many instances, not maintained to the minimum standards
required by the various applicable codes in effect in the Borough
of Mechanicsburg from time to time. Therefore, the Borough Council
finds it to be desirable and in the public interest to enact the following
provisions providing for the regular and systematic inspection of
these properties to insure their continued compliance with applicable
Borough codes.
[Ord. 1076, 1/17/2006]
This Part shall be known and may be cited as the "Borough of
Mechanicsburg Residential Rental Dwelling Unit Inspection Ordinance."
[Ord. 1076, 1/17/2006]
In the event any provision of this Part is inconsistent with
the provisions of any other part or chapter of this code, other code
or ordinance in effect in the Borough of Mechanicsburg, the provision
applying the stricter standard shall apply.
[Ord. 1076, 1/17/2006]
As used in this Part, the following words shall have the following
meanings, unless the context clearly indicates otherwise:
The certificate issued by the code official which evidences
inspection under the provisions of this Part.
The person or persons authorized by the Borough to determine
compliance with the provisions of this Part and to enforce the same.
The code official shall include the Borough Zoning and/or Property
Code Officer as appointed or employed from time to time.
Any applicable parts or chapters of this code, other codes
or ordinances as adopted by the Borough from time to time, statutes
and any rules and regulations promulgated thereunder.
A living area comprised of one or more rooms used for living,
sleeping and habitation purposes and having its own kitchen and sanitation
facilities, all arranged for occupancy by one or more persons.
The outside facade of a building, including but not limited
to any porch, yard, lawn, landscaping, sidewalks, setbacks, curbs,
and all open area contiguous to a building owned by the same person
or persons or part of the same real estate parcel.
Any person, agent, operator, firm, corporation, partnership,
limited liability company, limited liability partnership, association,
other entity, property management group, or fiduciary holding or having
legal, equitable or other interest in any real property or otherwise
having control of the property, including the guardian of the estate
of any such person and the executor or administrator of such person's
estate. When used in this Part in a clause proscribing any activity
or imposing a penalty, the term as applied to corporations, partnerships,
limited liability companies, limited liability partnerships, associations,
other entities, or property management groups shall include each and
every member, shareholder, partner (limited or general), director,
officer and other individual having an interest in the entity, controlling
or otherwise.
A dwelling unit not occupied by the owner thereof.
A dwelling unit.
[Ord. 1076, 1/17/2006]
No residential rental dwelling unit shall be occupied unless
a certificate of compliance evidencing compliance with this Part has
been issued by the code official. Issuance of a certificate of compliance
shall represent compliance with the inspection requirements of this
Part but shall not denote compliance with any other applicable part,
chapter, other code, ordinance or statute. A certificate of compliance
shall be valid for a period of 36 months. Every certificate of compliance
shall be displayed in a conspicuous place in the interior of the unit.
Following enactment of this Part and for the period expiring 36 months
thereafter, no person shall be cited for failure to hold a current
certificate of compliance unless, following inspection, he has allowed
occupancy without obtaining a certificate of compliance.
[Ord. 1076, 1/17/2006]
No certificate of compliance shall be issued except as follows:
A.
Inspections Required. Prior to occupancy and prior to issuance of
a renewal of a certificate of compliance, each residential rental
dwelling unit shall be inspected by the code official or other authorized
inspector, and for such purpose and for any reinspection required
hereunder, the owner shall provide access to the code official or
authorized inspector. A unit where inspection access is denied may
not be issued a certificate of compliance until inspection access
is provided.
B.
Inspection to Determine Compliance.[1] All inspections conducted under the authority of this
Part shall determine compliance with this Part and all codes incorporated
therein. This inspection shall include the exterior and interior of
the premises.
[1]
Editor's Note: A Residential Rental Housing Unit Preinspection
Checklist is on file in the Borough offices.
C.
Search Warrants Authorized. Whenever permission for access to a residential
rental dwelling unit cannot be obtained for any reason, or whenever
the code official shall determine or have a reasonable belief that
such unit is being occupied in violation of the provisions of this
Part, he may seek to obtain a search warrant from a competent authority
in accordance with applicable law.
D.
Exemption from Inspection.
(1)
In any instance where the code official shall lawfully issue a certificate
of occupancy for a rental residential dwelling unit as a result of
new construction or alterations, he shall concurrently issue a certificate
of compliance.
(2)
In any instance where proper evidence is submitted to the code official
to demonstrate compliance with a current inspection by a federal or
a state authority pursuant to a maintenance standard equivalent or
more strict than the provisions required under this Part, the code
official shall issue a certificate of compliance dated as of the date
of such inspection.
E.
Independent Inspectors. Any owner shall have the right to employ an independent inspector who is currently approved by the Borough as a qualified and certified inspector under the provisions of Part 1, Building Code, of this chapter, and as to any residential rental dwelling unit inspected and certified by said inspector as being in compliance with the provisions of this Part, the code official shall issue a certificate of compliance dated as of said inspection. In this respect, the Borough shall maintain a list of certified inspectors from which owners may select.
F.
Reservation of Right of Borough Inspection. Notwithstanding the provisions of Subsections D and E above, the Borough reserves the right at any time to inspect any premises to verify compliance with the provisions of this Part of any independent or government agency inspection, which Borough inspection shall be made without charge. If, as a result of such Borough inspection, violations of the provisions of this Part are determined, additional inspections necessitated by such noncompliance shall be at the expense of the owner.
G.
The inspections required by this Part shall be applicable to any
hotel or motel facility which permits occupancy on a weekly or monthly
basis. No inspection shall be required of hotels or motels principally
providing overnight lodging.
[Ord. 1076, 1/17/2006]
If the inspection of a residential rental dwelling unit discloses
noncompliance with the provisions of this Part, the code official
shall issue a notice of violation. The notice of violation shall set
forth the following:
A.
The street address or appropriate description of the subject property;
B.
The date of the inspection;
C.
The identity of the inspector;
D.
A list of the code deficiencies;
E.
The number of days in which the owner and/or occupant is to accomplish
repairs and/or otherwise cure the violation; and
F.
Notice that if the conditions are not repaired or the premises are
not otherwise brought into compliance with the provisions of this
Part within the time specified, the occupant and/or the owner may
be prosecuted and/or the residential rental dwelling unit may be placarded
as unfit for human occupancy, in which event the occupants shall promptly
vacate the premises. Only the code official shall have authority to
institute prosecutions under the provisions of this Part.
[Ord. 1076, 1/17/2006]
Fees for the administration of this Part shall be established
by resolution of the Borough Council from time to time.[1] Authorized fees shall include, but not be limited to,
issuance of certificates of compliance, renewal of certificates of
compliance, inspections, reinspections and review of independent inspection
reports.
[1]
Editor's Note: See the Fee Resolution at the beginning of
this Code.
[Ord. 1076, 1/17/2006]
The issuance of a certificate of compliance shall not be deemed,
nor construed as, a representation, guaranty or warranty of any kind
by the Borough, or its officials, agents or employees, and shall create
no liability upon the Borough, its officials, agents or employees.
[Ord. 1076, 1/17/2006]
Any person affected by a decision of the code official or a notice or order issued under this Part shall have the right to appeal to the Board of Appeals duly constituted and empowered from time to time by the Borough Council pursuant to § 5-105, Means of Appeal, of this chapter, which establishes a Board of Appeals. An application for appeal shall be based on a claim that the true intent of this Part or the rules legally adopted thereunder have been incorrectly interpreted, the provisions of this Part do not fully apply, or the requirements of this Part are adequately satisfied by other means.
[Ord. 1076, 1/17/2006]
The issuance of a certificate of compliance shall not preclude
or otherwise affect the authority of the code official from the enforcement
of this or any other part of this code, or applicable statute, ordinance,
rule or regulation at any time.
[Ord. 1076, 1/17/2006; as amended by Ord. 1170, 3/16/2021]
Any person who shall violate a provision of this Part shall,
upon conviction thereof, be subject to a fine of not less than $250
nor more than $1,500 or imprisonment for a term not exceeding 30 days,
or both, at the discretion of the court. Each day that a violation
continues after due notice has been served shall be deemed a separate
offense.
[Ord. 1076, 1/17/2006]
When there is or appears to be a violation of the provisions
of this Part, the code official may institute in the name of the Borough
any appropriate action or proceeding, at law or in equity, to prevent,
restrain, correct or abate such violation or nuisance.
