[Ord. 637, 1/3/2000, as amended by Ord. No. 843, 10/1/2018]
For the purpose of this Part, the following terms shall have
the meanings set forth in this section. When not inconsistent with
the context, words used in the present tense include the future and
the past, words in the plural number include the singular, and words
in the singular number include the plural.
An actual fire that occurs inside a residential structure
and that results in a response to the property by a fire department.
The scope of any inspection hereunder that results from an active
working fire call shall be at the discretion of the Borough/Fire Marshal.
A contractual agreement between an owner and an occupant
that sets forth the obligations of persons under this Part and in
a form approved by the Zoning/Code Enforcement Officer.
The Borough of Fountain Hill, Lehigh County, Pennsylvania.
Days and hours in which the offices of the Borough are open
for public business.
Any law, regulation, ordinance or code adopted, enacted,
and/or in effect in and for the Borough relating in any way to the
fitness for habitation or the construction, maintenance, operation,
occupancy, vermin or rodent control, or any public health matters,
or the use or appearance of any premises, dwelling or dwelling unit.
In multiunit buildings, interior and exterior space that
is not part of an individual regulated rental unit and that is shared
among occupants of the dwelling. Common areas shall be considered
part of the premises for purposes of this Part.
A building that includes one or more regulated rental units.
A residential living area for one household that is used
for living and sleeping purposes, and that may have its own cooking
facilities, and a bathroom with a toilet, bathtub and/or shower.
A public official responsible for investigating the causes
of fires and enforcing fire prevention laws.
A person on the premises of a regulated rental unit with
the actual or implied consent of an owner or occupant.
An owner.
An adult individual or other legal entity designated by the
owner to operate a dwelling and to perform the obligations of the
owner under this Part and any rental agreements with the occupant.
The manager shall be the agent of the owner for service of process
and receiving notices or demands under this Part. The manager may
reside in the dwelling.
An individual who resides in a regulated rental unit.
One or more persons, jointly or separately, in whom is vested
all or part of the legal title to the premises where a residential
rental property is located, or all or part of the beneficial ownership
and right to present use and enjoyment of the premises, including
a mortgage holder in possession of a residential rental property.
A dwelling unit in which at least one owner resides as his/her
primary dwelling.
A natural person, partnership, corporation, unincorporated
association, limited-liability company, limited-liability partnership,
trust or any other legal entity.
The land and all buildings, dwellings and structures located
thereon and on which one or more regulated rental units are located.
A dwelling unit that is occupied for residential purposes
in consideration for the payment of rent as defined herein and is
not an owner-occupied dwelling unit.
Consideration paid or given in return for occupancy of a
regulated rental unit. Rent may be in the form of money, barter or
in-kind transfers and the receipt thereof may be imputed in accordance
with tax law.
A written agreement between an owner and tenant which is
required to be supplemented by the addendum provided for in this Part
or to otherwise contain the terms of the addendum and which contains
the terms and conditions relating to the use and occupancy of a regulated
rental unit.
A license issued pursuant to this Part to the owner of a
regulated rental unit under which is required to lawfully rent that
unit.
The loss of any permit or license granted hereunder.
The temporary loss of any permit or license granted hereunder
which is subject to reinstatement in accordance with the terms of
this Part.
A dwelling unit, which is occupied for residential purposes
by a person related by blood or marriage to the owner of the unit,
and which unit is not also occupied by the owner.
Two or more persons who reside in a dwelling unit and who
are not related to each other through blood, adoption, marriage or
formal foster relationship.
A duly appointed Borough official having the duty to enforce
this Part, the Zoning Ordinance, the Uniform Construction Code, and
any other property maintenance code or ordinance relating to the condition
or use of property in the Borough, and any assistants, deputies or
police officers duly appointed.
[Ord. 637, 1/3/2000, as amended by Ord. No. 843, 10/1/2018]
1.
General.
A.
Every owner of a regulated rental unit shall keep and maintain in
a good and safe condition each such unit and the premises on which
it is located in compliance with all applicable Borough codes and
ordinances.
B.
Every owner shall be responsible for regulating the proper and lawful
use and maintenance of every premises so owned and shall be responsible
to act and to maintain the premises in order to minimize disruptive
conduct by the inclusion of appropriate contractual terms in a written
rental agreement and through the prompt and timely enforcement of
such terms. Where no such written rental agreement exists in writing
or otherwise, the owner shall obtain a fully executed addendum or
acknowledgment in accordance with this Part.
C.
The owner shall obtain a rental license for every regulated rental
unit owned in accordance with this Part. If a rental license is not
secured by the owner within the time established by this Part, or
if the rental license is suspended or revoked, then, except as otherwise
provided herein, the regulated rental unit shall not be rented for
residential use.
[Amended by Ord. No. 865, 2/7/2022]
D.
The owner shall not permit the number of occupants of a regulated
rental unit to exceed the maximum number allowed by Borough codes
and ordinances.
E.
The owner shall be responsible to minimize disruptive conduct and
behavior by occupants and guests in any common area of the premises.
The owner shall maintain acceptable physical conditions in such common
areas and shall ensure that the common areas are in full compliance
with this Part and any other applicable Borough codes and ordinances.
F.
The owner shall comply with all notification provisions of this Part.
G.
The owner shall notify the Borough, in writing, within five days
of the date when any tenant moves out of, or a new tenant moves into,
a unit for which a license is required hereunder.
H.
The owner of licensed property shall use and maintain the property
in accordance with all laws, ordinances, regulations, orders, directives,
standards, policies, recommendations, specifications and instructions
promulgated by any and all governmental agencies, including the Borough.
2.
Designation of Manager.
A.
If the owner is not a full-time resident of the Borough or does not
reside within 60 miles from the premises, then the owner shall designate
a person to serve as manager who resides or maintains a principal
office for property management located within such radius. If the
owner is other than a natural person, then a manager shall be employed
or appointed who resides or maintains a principal office for property
management within such radius. The radius set forth above may be expanded
upon a showing to the satisfaction of the Zoning/Code Enforcement
Officer that an alternate location will meet the intent and purpose
of this Part in that the alternate location will not preclude effective
and timely responses under this Part.
B.
A manager designated pursuant to this section shall be the agent
of the owner for service of process and receipt of notices and demands,
and the manager shall, on behalf of the owner, perform the obligations
of the owner under the rental agreement and this Part.
C.
The legal name, mailing address, daytime physical address (not a
post office box) and daytime and evening telephone number(s) of the
person designated as the manager shall be provided in writing by the
owner to the Borough, and such information shall be kept current and
updated in accordance with this Part.
3.
Disclosure. The owner shall disclose to the occupant, in writing,
on or before the commencement of the occupancy, the name, address
and telephone number of the manager, or if a manager is not required,
then the name, address and telephone number of the owner.
4.
Maintenance of Premises.
A.
The owner shall maintain the premises in compliance with the requirements
of this Part and all other Borough codes and ordinances and shall
regularly perform all routine maintenance, including lawn mowing,
weed control, and ice and snow removal. The owner shall promptly make
any and all necessary repairs to the premises.
B.
The above notwithstanding, the owner and occupant may agree that
the occupant is to perform specified repairs, maintenance and alterations;
however, any such agreement shall be in writing and shall clearly
set forth the obligations of the parties. Such an agreement shall
not be entered into for the purpose of evading the respective obligations
of the owner or occupant under this Part, and any such agreement shall
constitute a violation of this Part.
C.
The existence of an agreement between the owner and occupant shall
not relieve the owner of ultimate responsibility under this Part or
other applicable Borough codes and ordinances for the proper repair
and maintenance of the premises.
5.
Rental Agreement and Addendum.
A.
Each occupancy of a regulated rental unit shall be memorialized in
a rental agreement as defined herein.
B.
Within the time frame set forth in Subsection 3, above, the owner and the occupant shall execute an addendum and written rental agreement, which discloses to the occupant, among other things, the requirements of this Part, including, but not limited to, the eviction provisions hereof.
C.
The owner and occupant shall not include any term in a rental agreement
that is contrary to the provisions of this Part.
6.
Complaints. The owner shall respond to and correct (or make a good
faith effort to correct) complaints or problems within 30 days after
receiving notice thereof or a valid complaint from an occupant.
7.
Eviction.
A.
If an occupant of a regulated rental unit is involved in a third
disruptive conduct incident within any one-year period (calculated
back from the date of the most recent incident of disruptive conduct)
or has violated any federal, state or local law on or relating to
the premises, the Zoning/Code Enforcement Officer shall issue a written
notice to the owner or manager to order eviction of the occupant.
If the disruptive conduct was caused by only one of multiple occupants,
then at the discretion of the owner or manager, the eviction may be
limited to that occupant. The owner shall begin eviction proceedings
within 15 days after receiving such notice and shall continue such
proceedings to completion, without interruption, unless the occupant
voluntarily vacates the premises.
B.
Upon eviction, the occupant shall not be permitted to occupy any
part of the premises for the remainder of the term of the rental agreement.
C.
The failure of an owner to carry out an eviction in accordance with
this section shall constitute a violation of this Part and result
in revocation of the rental license.
D.
The requirement to evict an occupant shall not apply if a District
Court rules in favor of the occupant in any eviction proceeding, or
an appeal to a court or other legal action has been filed that would
prevent such eviction.
E.
The occurrence of a conviction for the underlying conduct constituting
disruptive conduct or a judicial finding that such conduct occurred
shall not be a prerequisite for eviction hereunder.
8.
Repairs by the Borough. If an owner of a premises shall fail or refuse
to comply with any notice from the Zoning/Code Enforcement Officer
to correct a violation relating to the maintenance and repair of the
premises within the period of time stated in such notice, and the
order is not appealed, then the Borough may cause the violation to
be corrected at the owner's expense. There shall be imposed upon the
owner a charge, which shall include the actual costs of maintenance
and/or repair, actual legal fees and court costs together with an
administrative fee in the amount of 25% of actual costs incurred or
$50, whichever is greater, for each time the Borough shall cause a
violation to be corrected. The owner shall be billed after such work
has been completed, and any such bill that remains unpaid and outstanding
after 30 days shall carry interest at the legal rate and be grounds
for the placement of a municipal lien as provided by law.
9.
Inspection by the Borough. The owner shall permit and schedule inspections
of the premises by a Zoning/Code Enforcement Officer during Borough
business hours, after a minimum of seven calendar days' notice. The
owner shall provide a minimum of three calendar days' advance notice
to the occupant of each rental unit of the time and date of the inspection.
These notice requirements shall not apply where the Zoning/Code Enforcement
Officer has reason to believe that there is occurring, or that there
is about to occur, a threat to the public health, safety or welfare.
[Ord. 637, 1/3/2000, as amended by Ord. No. 843, 10/1/2018]
1.
General.
A.
The occupant shall comply with all obligations imposed by this Part
and all other applicable Borough codes and ordinances, and all applicable
provisions of law.
B.
A regulated rental unit shall not be occupied in any manner that
violates the Zoning Ordinance and other applicable laws, codes, ordinances
or regulations. To the extent that the Zoning Ordinance and other
applicable laws, codes, ordinances or regulations conflict or set
different standards or requirements, the more restrictive shall apply.
2.
Health Regulations. The occupant shall collect and dispose of all
rubbish, garbage and other waste in a clean and sanitary manner and
shall comply with all Borough codes and ordinances relating to solid
waste, sanitation and recycling. An occupant shall keep that part
of the premises that he or she occupies or controls in a clean and
sanitary condition and free of nuisance conditions.
3.
Illegal Activities. Neither occupants nor guests shall engage in, tolerate or permit any conduct on the premises declared illegal under any federal or state law or regulation, including, but not limited to, the Pennsylvania Crimes Code (18 Pa.C.S.A. § 101 et seq.), the Pennsylvania Liquor Code (47 Pa.C.S.A. § 1-101 et seq.), the Pennsylvania Controlled Substance, Drug, Device and Cosmetic Act (35 Pa.C.S.A. § 780-101 et seq.), or any successor laws.
1.
Each rental license shall have an annual term.
2.
Premises regulated hereunder shall be inspected according to the
following schedule:
A.
Each regulated rental unit shall be inspected following a change
of occupancy. Where circumstances permit, the owner shall make the
unit available for inspection while the unit is vacant; however, in
no event shall the inspection occur later than three days following
reoccupancy. In the event that the unit is occupied at the time of
the inspection, the owner shall provide a copy of the inspection report(s)
to the tenant(s) within five days of receipt from the Borough.
B.
Common areas shall undergo a minimum of one inspection every four
years, based upon a schedule established by the Zoning/Code Enforcement
Officer.
C.
Following a determination that there has occurred an active working
fire, each unit so involved shall be inspected within 48 hours of
extinguishment of the fire in order to determine whether the unit
or the premises are habitable and subject to occupancy. If the premises
or any unit thereof are deemed not habitable, the premises or unit,
as the case may be, shall be reinspected and approved for occupancy
prior to reoccupancy.
3.
The Zoning/Code Enforcement Officer shall require that the common
area of each premises be made available for inspection in a designated
year and then be reinspected in accordance with this Part. The Borough
shall not be obligated to commence and/or complete all inspections
within this schedule and shall not be liable for any such failure.
If the Borough, through no fault of the owner, manager or occupant,
is unable to complete an inspection of a regulated rental unit in
the designated year, the Borough may inspect the unit in one or more
following years.
4.
The common area inspection requirements of this section are hereby
modified for the following premises, provided that there does not
exist evidence of possible violations of this Part or of other applicable
Borough codes or ordinances, the premises have not been the subject
of any code or ordinance enforcement actions by the Borough within
the preceding two years, or if the premises have no outstanding taxes,
fines or fees due to the Borough or any of its authorities:
A.
Premises newly constructed within the four years preceding the effective
date of this Part and that were inspected by the Borough after construction
shall be exempt from inspection during the first two years after the
effective date of this Part;
B.
Premises substantially rehabilitated within the last two years, as
determined by the Zoning/Code Enforcement Officer, and inspected by
the Borough after rehabilitation, shall be exempt from inspection
for the first two years after the effective date of this Part; and
C.
Premises inspected by the Borough for code compliance within the
four years preceding the effective date of this Part shall be inspected
after two years from the effective date of this Part.
5.
All owners subject to this Part shall obtain an initial rental license
for the premises on or before the effective date hereof. Each such
rental license shall expire on December 31.
6.
The issuance of a rental license or conduct of an inspection shall
not warrant that a regulated rental unit is lawful, safe, and habitable
or in compliance with all Borough codes, and this Part shall not constitute
a waiver of any immunity granted to the Borough or otherwise create
liability on the part of the Borough.
7.
The fee for any inspection hereunder shall be the greater of the
fee established by resolution of the Council or the actual cost to
the Borough, in the event that a third-party inspector is utilized.
Utilization of a third-party inspector shall be at the sole discretion
of the Borough.
8.
The Borough may, in the exercise of its discretion, provide the results
of any inspection conducted pursuant to this Part to the insurer of
any premises regulated hereunder or to the agent of that insurer.
[Ord. 637, 1/3/2000, as amended by Ord. No. 843, 10/1/2018]
1.
Each regulated rental unit shall be subject to inspection by the
Zoning/Code Enforcement Officer pursuant to the schedule provided
by this Part, and the Zoning/Code Enforcement Officer shall be authorized
to enforce this Part and take appropriate measures to abate violations
hereof. An occupant shall permit a Zoning/Code Enforcement Officer
to conduct inspections of the premises during Borough business hours,
after receiving notice from the owner, manager or the Borough in accordance
with § 404 above.
2.
This Part shall not be construed to limit the Zoning/Code Enforcement
Officer's authority to conduct inspections or maintain enforcement
actions under any other Borough code or ordinance.
3.
All residential rental properties shall be inspected to assure compliance
with the minimum maintenance requirements and standards for such properties
set forth in this Part. Such inspection shall occur each time the
property has a change of ownership or occupancy; provided, however,
that no inspection shall be required within one year of the issuance
of a certificate of occupancy ("certificate").
4.
The minimum maintenance requirements and standards for residential
rental properties shall follow the International Property Maintenance
Code, 2009 Edition, or any code adopted hereafter.
5.
Interior structures shall be maintained in good repair, structurally
sound and in sanitary condition.
7.
Windows. All glazing materials shall be maintained free from cracks
and holes. Every operable window shall be capable of being held up
by its own hardware.
8.
Smoke Detectors: shall be required on every floor, including basement
and every bedroom.
9.
Fire Protection Systems. All systems, devices and equipment to detect
a fire, actuate an alarm or suppress a fire shall be maintained in
an operable condition at all times. There shall be a working fire
extinguisher on each floor.
10.
Electrical.
A.
GIF receptacles shall be required in all bathrooms, powder rooms,
garages, unfinished basements, and all outside receptacles.
B.
All receptacles shall be checked for polarity and correct wiring.
C.
Every tenant shall be served by a main service of not less than 60
amps, three wire, which shall be accessible to the tenant.
D.
Extension cords over six feet long are not allowed.
E.
Exit signs shall be illuminated at all times and emergency lighting
shall be adequate and operational.
11.
Prior to the new owner or tenant taking possession of or occupying
the premises, or contemporaneously therewith, such new owner or tenant
shall secure from the Borough Zoning/Code Enforcement Officer a certificate
of occupancy. A certificate shall not be issued unless the inspection
required by this Part had been completed and all violations are abated.
12.
Where a residential rental property is to be demolished and a valid
demolition permit conforming to the Borough Building Code has been
obtained, the provisions set forth in this Part shall not be applicable
and a certificate shall not be required provided such residential
rental property is demolished.
13.
When a residential rental property is being refinanced by the current
owner, the certificate set forth in this Part shall not be required.
14.
All property owned by the Housing Authority of the County of Lehigh,
which is inspected annually by governmental agencies to assess conformance
with federal standards, or properties that are inspected annually
for compliance with the requirements of the United States Department
of Housing and Urban Development or the Pennsylvania Housing Finance
Agency, shall be exempt from the provisions of this Part.
15.
The provisions of this Part shall not apply to hospitals, nursing
homes, group homes or other rental units used for human habitation
that offer or provide medical or nursing services, and wherein all
operations of such facilities are subject to county, state or federal
licensing or regulation concerning the health and safety of the users,
patients or tenants.
16.
Failure and/or refusal by the residential rental property owner and
his/her designated agent to secure the necessary certificate of occupancy,
or failure and/or refusal to provide access for inspection upon reasonable
notice shall be deemed a violation of this Part.
17.
The Borough Zoning/Code Enforcement Officer and/or other designated
person(s) shall establish rules and regulations to implement the requirements
of this Part and such rules and regulations shall become effective
upon approval by resolution of Borough Council. Violation of the rules
and regulations shall be deemed a violation of this Part.
[Ord. 637, 1/3/2000, as amended by Ord. No. 843, 10/1/2018]
The Borough Council shall establish by resolution reasonable
fees for the inspections conducted pursuant to this Part. The fee
shall be paid in advance and shall be the sole responsibility of the
current owner of the property.
[Ord. 637, 1/3/2000, as amended by Ord. No. 843, 10/1/2018]
1.
All owners of rented property located in the Borough shall register
all units with the Zoning Office.
2.
The registration form shall list the name, address and telephone
number of the residential property owner, the location of the property,
and the number of units in the residential rental property and the
names of the respective tenants.
3.
Failure to register the units with the Zoning Office within 90 days
from the date of the passage of this Part or within 30 days following
the purchase or conversion of a structure to a residential rental
property shall constitute a violation of this Part.
4.
Upon application for a rental license and prior to any issuance or
renewal thereof, each owner shall pay to the Borough an annual fee.
The fee for a calendar year shall be paid by December 31 of the previous
year, and if unpaid shall be subject to a penalty in accordance with
this Part. The fee shall cover the Borough's actual costs to administer
the licensing and inspection program. A fee schedule shall be established
by resolution of the Council and may contain, among other things,
application fees, license fees, late payment penalties, fees for reinspection
of a unit, and fees for reinstatement of suspended or revoked licenses.
[Ord. 637, 1/3/2000, as amended by Ord. No. 843, 10/1/2018]
1.
General. Any violation of this Part shall subject the owner, manager,
and/or occupant to the penalties set forth herein. The owner and manager
are hereby declared to be jointly and severally liable for violations
of this Part.
2.
Penalties.
A.
Any person who violates a provision of this Part shall, upon conviction
thereof by a District Judge, be liable to pay the following penalties:
(1)
For the first violation in a calendar year, a fine of up to
$300, or 30 days' imprisonment, or both.
(2)
For the second violation in a calendar year, a fine of up to
$450, or 60 days' imprisonment, or both.
(3)
For a third and each subsequent violation in a calendar year,
a fine of up to $600 or 90 days' imprisonment, or both.
(4)
For operation of a regulated rental unit without a rental license,
a fine of up to $600 per unit.
B.
Each day that a violation continues to exist after the time limit
established for correction of the violation by the Zoning/Code Enforcement
Officer without a written time extension or without the same having
been appealed, a separate offense shall be deemed to have occurred.
C.
In the event of an eviction of an occupant, the rental license shall
be revoked or suspended until such time as the owner undertakes and
completes any corrective action deemed necessary to prevent the further
occurrence of the activity causing the eviction.
3.
Nonexclusive Remedies.
A.
The penalty provisions and the rental license nonrenewal, suspension
and revocation procedures provided in this Part shall not be the exclusive
remedies of the Borough in the event of a violation of this Part,
and the Borough retains all remedies otherwise provided by law to
enforce the requirements of this Part.
B.
Where a violation of this Part constitutes a violation of another
Borough code or ordinance, nothing contained herein shall preclude
or limit the prosecution of a violation under such other code or ordinance.
4.
Any person found guilty of violating an ordinance shall be assessed
court costs and reasonable attorneys' fees incurred by the Borough
in the enforcement proceedings.
[Ord. 637, 1/3/2000, as amended by Ord. No. 843, 10/1/2018]
1.
Each owner of a regulated rental unit shall notify the Zoning/Code
Enforcement Officer in writing of a change in ownership and/or management
no later than five business days prior to such change. The notice
shall include the name, business address and telephone number of the
new owner or manager.
2.
The owner or manager shall notify the Zoning/Code Enforcement Officer
in writing of a change in the status of the premises from a nonregulated
dwelling unit or building to a regulated rental unit or a change in
the number of regulated rental units on the premises no later than
30 business days prior to such change. However, nothing contained
herein shall negate the requirement that occupancy not occur until
a rental license is obtained.
3.
Each owner and/or manager of a regulated rental unit shall notify
the Zoning/Code Enforcement Officer in writing of a change in occupancy
no later than five business days after such change. The notice shall
include the name and home address of each new adult occupant and the
total number of persons intended to occupy the unit.
4.
Any failure to comply with these notice provisions shall constitute
a violation of this Part.
[Ord. 637, 1/3/2000, as amended by Ord. No. 843, 10/1/2018]
Where a regulated rental unit is owned by more than one person,
each person shall be jointly and severally responsible for a violation
of this Part, and each person shall be separately subject to prosecution
for such violation.
[Ord. 637, 1/3/2000, as amended by Ord. No. 843, 10/1/2018]
1.
By conducting the inspections pursuant to this Part, the Borough
does not warrant or guarantee the complete safety or suitability of
any residential rental property.
2.
For all inspections conducted pursuant to this Part, the Office of
Code Enforcement shall not be responsible for violations that occur
between the inspection and settlement date and/or rental period.
