[HISTORY: Adopted by the Borough Council of the Borough of
Greenville as indicated in article histories. Amendments noted where
applicable.]
[Adopted 12-10-2013 by Ord. No. 1528]
This article shall be known and may be cited as the "Greenville
Borough Non-Owner-Occupied Property Inspection and Licensing Ordinance."
[Amended 12-8-2015 by Ord. No. 1550]
The provisions of this article shall apply annually to all existing
non-owner-occupied properties and constitutes minimum requirements
and standards for premises, structures, equipment and facilities for
light, ventilation, space, heating, sanitation, protection from the
elements, life safety, safety from fire and other hazards, and for
safe and sanitary maintenance; and shall govern the inspection, maintenance,
and issuance of licenses for non-owner-occupied units annually in
the Borough of Greenville, Mercer County, Pennsylvania.
Where there is a conflict between a general requirement and
a specific requirement, the specific requirement shall govern. Where,
in a specific case, different sections of this article specify different
requirements, the most restrictive shall govern.
Repairs, additions or alterations to a structure, or changes
of occupancy, shall be done in accordance with the procedures and
provisions of the Uniform Construction Code of Pennsylvania, International
Building Code, International Plumbing Code, International Property
Maintenance Code, International Fire Code, NFPA 101 Life Safety Code,
and NFPA 70 National Electrical Code.
The provisions of this article shall not affect any act done,
or liability incurred, nor shall they affect any suit or prosecution
pending or to be instituted to enforce any right or penalty or to
punish any offense under the authority of any of the ordinances in
place prior to the adoption of this article.
No structure, the construction and use of which complied with
all code and other such requirements in effect at the time of construction,
shall be required to be altered in use or structure by the provisions
of this article, except in the case of a clear public safety hazard.
In the case of a clear public safety hazard, the Code Office shall
be authorized to enforce provisions of this article, or other recognized
relative ordinances, retroactively.
A.
Terms defined in other codes. All terms that are not described in Subsection C herein shall have the meanings ascribed to them as stated in the most recent editions of the Pennsylvania Uniform Construction Code, International Building Code, International Fire Code, International Plumbing Code, International Property Maintenance Code, NFPA 101 Life Safety Code, and the NFPA 70 National Electrical Code as adopted by the Borough of Greenville.
C.
DWELLING
DWELLING UNIT
IMMINENT DANGER
LANDLORD
MULTIUNIT DWELLING
NON-OWNER-OCCUPIED
NON-OWNER-OCCUPIED LICENSE
OCCUPANCY
OCCUPANT
OWNER
OWNER-OCCUPIED DWELLING UNIT
PERSON-IN-CHARGE/PROPERTY MANAGER
PRIMARY RESIDENCE
PROPERTY MAINTENANCE VIOLATION
ROOMING HOUSE
ROOMING UNIT
Definitions. As used in this article, the following terms shall have
the meanings indicated:
A building having one or more dwelling units.
A single unit providing complete, independent living facilities
for one or more persons, including permanent provisions for living,
sleeping, eating, cooking, and sanitation.
A condition which could cause serious or life-threatening
injury or death at any time.
This term shall have the same meaning as "property owner."
A building containing two or more independent dwelling units,
including, but not limited to, double houses, row houses, townhouses,
condominium, apartment houses, and conversion apartments.
A residential dwelling unit that is not the primary residence
for the owner of record.
[Amended 12-12-2022 by Ord. No. 1626]
The license issued, subsequent to an inspection of the premises
by the Code Enforcement Officer, to the owner of a regulated rental
units under this article, which is required in order to lawfully rent
and occupy a regulated rental units. Until a regulated rental unit
has been inspected and a license issued, the rental license shall
be considered a rental registration.[1]
The purpose for which a building or portion thereof is utilized
or occupied.
A person, corporation, partnership or group, whether or not
the legal owner of record, occupying a non-owner-occupied unit.
One or more persons, jointly or severally, in whom is vested
all or part of an ownership interest 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 non-owner-occupied
property.[2]
[Added 12-8-2015 by Ord.
No. 1550]
A dwelling unit in which at least one owner of record of
the property resides as his/her primary dwelling.
An adult individual designated by the owner as the agent
of the owner for service of process and receiving notices or demands
and to perform the obligation of the owner under this article and
under rental agreements with occupants.
A person's fixed, permanent, and principal residence
for legal purposes.
[Added 12-12-2022 by Ord.
No. 1626]
Any conflict or violation of the International Code Council,
Property Maintenance Code, as amended from time to time.
A building arranged or occupied for lodging, with or without
meals for compensation and not occupied as a one-family or two-family
dwelling.
Any room or group of rooms in a rooming house forming a single
habitable unit occupied or intended to be occupied for sleeping or
living, but not for cooking purposes.
A.
License required. No owner shall lease, operate, rent, or allow to
occupy any non-owner-occupied property in the Town of Greenville unless
the required inspection process has been conducted, regardless of
occupancy status, and without a written, signed lease with their tenants/occupants.
Copies of signed leases for occupied properties shall be submitted
at the time of application and upon any change in occupancy. Properties
registered as vacant at the time of inspection shall submit a copy
of their written, signed lease upon any change in occupancy.
[Amended 12-8-2015 by Ord. No. 1550; 12-12-2022 by Ord. No. 1626]
(1)
In no case shall the existence of any agreement between the owner
and occupant relieve the owner of any responsibility under this article
or other ordinances or codes for property maintenance or inspection
of the premises inclusive of articles of agreement, land contracts,
or any other form of rent-to-own agreements.
(2)
No non-owner-occupied properties shall exist, no matter the occupancy
status, without the minimum property insurance coverage of homeowner's
coverage with replacement costs and liability coverage in the amount
of $100,000. Copies shall be provided annually with the non-owner-occupied
property license and inspection application.
B.
Application. Applications for inspection and licensing shall be made
to the Code Office on forms furnished by the Borough of Greenville,
which applications shall include:
(1)
The name, address, telephone number, and email of the owner, or the
owner's authorized agent, and of the operator or person responsible.
Every owner who is not a full-time resident of the Borough of Greenville,
and who does not reside within a fifty-mile radius of the Borough,
shall designate a person-in-charge or property manager who shall reside
within a fifty-mile radius of Greenville, Pennsylvania.
(2)
The location of the structure by street and number.
(3)
The number of non-owner-occupied units available for occupancy at
a single address, structure or premises.
(4)
The actual number of occupants in the property; including children
of any age.
(5)
Name of current occupant or occupants (18 years of age or older)
at the time of licensing.
(6)
Such other related information as the Code Office may reasonably
require.
C.
Inspection procedures. Upon completion of the non-owner-occupied property licensing application, a Code Officer shall conduct a property inspection. The Code Officer, having found no violations as identified in the adopted codes, shall upon receipt of payment for inspection, and all provisions in § 409-8D have been met, provide the property owner with a signed license that shall be valid from one year from the month of initial inspection. Having found violations to be present, the Code Officer shall inform the property owner in writing of the violations per the code reference and administer fees where applicable. The non-owner-occupied property license shall not be issued until all violations are abated, all applicable fees are paid, and all provisions set forth in § 409-8D have been met.
[Amended 12-8-2015 by Ord. No. 1550]
(1)
Notification of inspection.
[Amended 12-12-2022 by Ord. No. 1626]
(a)
The property owner or owner-designated representative shall
schedule the inspection with the Town and complete all required inspections
before the end of the expiration month of record.
(b)
The property owner shall inform the current occupants of the
scheduled inspection.
(c)
Access to the dwelling unit for the purpose of conducting an
inspection shall be the sole responsibility of the owner or the owner-designated
representative.
(d)
If the property is not inspected within the time frame set forth
above, the non-owner-occupied property license shall be suspended.
The subject premises shall be vacated within 10 days of revoking the
license, at the owner's expense, and shall not be offered to
others for occupancy until the property is in compliance with this
article. The Town of Greenville reserves the right to file at the
District Magistrate's office to obtain compliance.
(2)
Inspection procedures.
(a)
The inspection will be conducted by a Code Officer or a designated
representative of the Code Office.
(b)
No inspection will be conducted unless the owner and/or the
occupant or a designated representative of the owner and/or occupant
is present. There must be at least one person present that is at least
18 years of age or older.
[Amended 12-8-2015 by Ord. No. 1550]
(c)
The Code Office shall follow standard inspection procedures.
(d)
All inspections shall be conducted during regular business hours.
After-hours and Saturday inspections may be scheduled, provided the
date and times are mutually agreed upon by the owner and the Code
Office.
D.
Issuance or refusal. The Code Office shall issue a non-owner-occupied
property license to the applicant upon proof that all of the following
requirements have been satisfied:
(1)
Zoning use permit has been issued for the purpose for which it will
be used.
(2)
A non-owner-occupied property inspection has been completed.
(3)
The structure complies with the provisions of this article and all
other applicable codes and/or ordinances.
(4)
The proper fees have been submitted for the non-owner-occupied inspection.
(5)
There are no outstanding sewer bills.
(6)
All municipal taxes owed are paid to date.
[Amended 12-8-2015 by Ord. No. 1550]
(7)
The stormwater utility fee is paid to date.
[Added 1-9-2017 by Ord.
No. 1566]
(8)
The
fire service fee is paid to date.
[Added 1-10-2022 by Ord. No. 1618]
(9)
There are no outstanding garbage bills, and the service is current
if occupied.
[Added 12-12-2022 by Ord.
No. 1626]
(10)
Copy of written lease agreement between property owner and tenant.
[Added 12-12-2022 by Ord.
No. 1626]
(11)
Copy of insurance coverage with a minimum homeowner's coverage
with replacement costs and a minimum of liability coverage in the
amount of $100,000.
[Added 12-12-2022 by Ord.
No. 1626]
E.
Exemptions.
[Amended 12-8-2015 by Ord. No. 1550]
(1)
Any regulated non-owner-occupied unit that is regulated by the Section
8 Housing program and has at least an annual inspection is exempt
from the non-owner-occupied property inspection. The report will need
to be provided to the Borough to make this exemption. A non-owner-occupied
property license will still be required under the provision of this
article.
(2)
Any state-licensed hotel/motel is exempt from this article, unless
previously designated by the Code Office to be subject to the inspections.
F.
Fees. The fees for a non-owner-occupied property inspection shall
be established by resolution of Borough Council and may be amended
from time to time.
G.
Billing procedures.
(1)
Billing procedures, passed inspection.
(a)
Upon passage of the initial inspection, the property owner will
receive signed documentation of the inspection along with an invoice
for the appropriate fees that shall be paid within 30 days.
(b)
If payment is not made after 30 days, the Borough will take
steps to ensure payment is received, including but not limited to
a courtesy letter and/or filing at the Magistrate's Office.
(2)
Billing procedures, failed inspection.
(a)
Upon failure of the initial inspection, the property owner will
receive signed documentation of the failed inspection along with the
date and time of the reinspection.
(b)
When the reinspection passes, the property owner will receive
an invoice for the appropriate fees that shall be paid within 30 days.
(c)
If payment is not made after 30 days, the Borough will take
steps to ensure payment is received, including but not limited to
courtesy letter and/or filing at the Magistrate's Office.
H.
Transferability. Non-owner-occupied property license shall be transferable
upon change of ownership, providing the permitted use has not changed.
The new owner or designated operator is required to promptly notify
the Code Office upon change of ownership.
[Amended 12-8-2015 by Ord. No. 1550; 12-12-2022 by Ord. No. 1626]
A.
The Town of Greenville shall send a letter with a blank application
60 days before the NOOP license is set to expire making the property
owner aware of the pending deadlines.
B.
Application process. Any property that is discovered by the Town
that qualifies for a non-owner-occupied property license, the property
owner shall submit all applications, schedule, and complete all required
inspections to receive their license and set their expiration month
of record.
C.
Annual application. Non-owner-occupied property license shall be
valid for one year from the month of issuance and shall be renewed
annually.
D.
Existing non-owner-occupied properties. Concerning existing non-owner-occupied properties requiring renewed licenses persuent to § 409-2 herein, the property owner shall submit all applications, schedule, complete all required inspections, and comply with § 409-8D before the end of the expiration month of record.
A.
Failure to comply. Any property owner who maintains any non-owner-occupied
property or properties, who fails to comply with the requirements
of this article, abate the violations of an inspection report, or
who knowingly remits any false or fraudulent information, shall, by
said conduct, violate the provisions of this article, and shall upon
conviction be subject to a fine of not less than $250 and not more
than $1,000; and, in default of payment of said fines and costs, shall
be subject to a term of imprisonment of not to exceed 30 days. Each
day that a violation continues shall constitute a fine of not less
than $25 and not more than $100 to be calculated from the day of violation.
All fines and penalties received by the Borough for enforcement of
this Code shall be paid to the Treasurer of the Borough of Greenville.
[Amended 12-8-2015 by Ord. No. 1550; 12-12-2022 by Ord. No. 1626]
B.
Violation procedures.
(2)
Violations that are designated as fail items shall be defined as
being violations that are either plumbing, mechanical, electrical,
or structural violations so severe that if allowed to go uncorrected
could cause immediate physical harm to the occupants of the structure.
These violations must be corrected immediately or at a time set by
the Code Office. In no instance shall a violation of this type be
permitted to go uncorrected beyond 15 business days.
(3)
The Code Office shall institute an appropriate action or proceeding
at law as provided in the Borough's Property Maintenance Code for
continued noncompliance with orders and notices.
A.
Imminent danger. Whenever an imminent danger to community health,
safety, or welfare exists at a property, the Code Office is authorized
and empowered to order and require any structure on the property vacated
within 10 days from the date of the order. At the end of the 10 days,
a notice shall be posted at each entrance to the structure(s) stating
that occupancy of the structure is unlawful and any person occupying
the structure will be prosecuted.
B.
Outstanding violations. The Code Office may revoke the non-owner-occupied
property license when a violation has not been corrected after a period
of 90 calendar days.
C.
Suspension procedures.
(1)
Notification. The Code Officer shall notify the property owner of
a suspension by written notice sent certified mail or delivered in
person. The notice shall advise the property owner of the property
as to the effective dates of the suspension, the reason for the suspension,
the effect of the suspension on the property, penalties that can be
imposed for violation of the suspension, and appeal rights and procedures.
(2)
Term of suspension and effective date. The effective date of a suspension
shall commence on the day of notification per the written notification
as served in person or as mailed via certified mail. A suspension
shall be in effect until such time as the violation is abated.
(3)
Effect of suspension. While under suspension, the non-owner-occupied
unit(s) subject to suspension, if occupied, may be required to be
vacated and secured.
D.
Appeal procedures.
(1)
Request for appeal. Appeals of suspension initiated by the Code Office
shall be heard by the Greenville Borough Building Code Board of Appeals
in accordance with the procedures established for appeals by the Borough.
The Board of Appeals is empowered to sustain, withdraw, or modify
the suspension.
(2)
Appeal application deadline. The appellant wishing to appeal the
decision of the Code Office shall do so within 30 calendar days upon
receipt of the written decision.
(3)
Request for appeal. A written request for appeal shall be made at
the Greenville Borough Municipal Building. The appeal request shall
include any relevant materials for the appeal including the written
decision of the Code Office and all applicable fees.
(4)
Fees. The fees for appeals under this article shall be established
from time to time by resolution of Borough Council.
(5)
Hearing date. The hearing shall be scheduled and conducted within
30 calendar days of the applicants request unless both parties agree
in writing to an extension in time.
(6)
Notice of hearing. The Board of Appeals hearing shall be advertised
in accordance with the Borough Code and the Borough shall notify the
property owner or person in charge in writing by first-class mail
no later than 10 business days prior to the hearing date.
(7)
Request for continuance. If the property owner or person in charge
is unable to attend the scheduled meeting of the Board of Appeals,
a written request for continuance shall be submitted to the Borough
Manager, detailing why the hearing should not be held as scheduled,
and when the property owner or person in charge would be able to attend.
(8)
Promulgation of decision. The decision of the Board of Appeals shall
be made within 15 business days after the close of evidence, and shall
be forwarded by certified mail to the property owner or person in
charge, the Code Office, and the Borough Manager.
(9)
Appeals to the court of common pleas. Appeals to the decision of
the Greenville Borough Building Code Board of Appeals shall be made
to the Court of Common Pleas.
[Amended 12-8-2015 by Ord. No. 1550]
A non-owner-occupied property license shall be renewed annually
on or before the date of expiration; except in the event that a violation
should occur. The permit and license fee shall be as follows:
A.
Non-owner-occupied unit inspection and license: as provided by resolution
by Borough Council and as amended from time to time.
B.
Reinspection for failed inspection(s). If violations are found and
correction is required and a reinspection is required to verify compliance,
the initial reinspection shall be at no cost. Fees for subsequent
reinspections required to verify compliance shall be established by
resolution by Borough Council and as amended from time to time.
That nothing in this article hereby adopted shall be construed to affect any suit or proceeding pending in court, or any rights acquired or liability incurred or any cause or causes of action acquired or existing, under any act or ordinance hereby repealed as cited in § 409-2 of this article; nor shall any just or legal right or remedy of any character be lost, impaired or affected by this article. If any portion of this article is ruled invalid by a court of competent jurisdiction, the remainder shall remain in full effect.
This article shall become effective in accordance with law,
upon approval of Greenville Borough Council, Mercer County, Pennsylvania
on December 10, 2013.
[Adopted 10-10-2013 by Ord. No. 1531]
This article shall be known and may be cited as "Occupancy Registration
Ordinance."
For the purpose of interpreting the provisions of this article,
the following words shall have the meaning or meanings hereby ascribed
to them:
The date the occupant began to occupy the premises.
The form designated by the Borough Secretary.
Any and all adult persons who inhabit or occupy any property
owner premises.
The property owner's house other than personal residence.
Any person who, alone or with others, having record title
to any premises, or having the right or duty to control said premises
as agent for the person having record title to the premises, grants,
permits or otherwise allows another person to use or occupy or exercise
control over said premises or any part thereof as an invitee, lessee,
licensee or concessionaire.
The thirty-day period immediately following adjudication
by the Magisterial District Judge and every thirty-day period following.
Occupancy registration shall be submitted to the Borough Administrative
Office a minimum of once every calendar year. Property owners will
be granted three opportunities to comply, first request, second request
and final request. The following shall be included on each occupancy
registration:
A.
All information provided shall be submitted in an unmistakable, clear
manner, either printed or typed.
B.
The name(s), phone number, e-mail address, and mailing address of
the property owner.
C.
If the property owner lives 50 miles outside of Greenville, the property
owner must list a property manager along with their phone number and
email address.
D.
The legal 911 address of each premises.
E.
The date of occupancy of the occupant.
F.
Each address will list every occupant age 18 and over occupying the
premises or, if the premises is not occupied, write "Empty" or "Vacant"
next to address.
G.
Property owner shall include the grantor(s) and grantee(s) under
any article of agreement and/or land contract.
H.
The occupancy registration shall be submitted to the Borough Administrative
Office by postal service, facsimile, email or by walk in during normal
business hours.
It shall be the sole obligation of the property owner, on or
before the 30th day following the occupancy of any premises owned
or controlled by said property owner, either as a principal or an
agent, to file a current, accurate occupancy registration in the Borough
Administrative Office. Said occupancy registration shall be revised
to advise the Borough of the date of termination of occupancy of an
occupant previously named on an occupancy registration, and, if known,
forwarding address.
Any property owner who fails, neglects or refuses to file an
occupancy registration a minimum of once yearly, after receiving the
final request notice OR who makes any false or fraudulent report OR
who fraudulently omits required portions of an occupancy registration
OR submits information in an unclear, indistinct manner shall, by
said conduct, violate the provisions of this article. Without further
prior notification, the property owner will be given notice of court
appearance with the Magisterial District Judge and, upon conviction,
be subject to a fine of not more than $300 plus court costs, and in
default of payment of such fine, be subject to imprisonment in the
Mercer County Jail for a period not exceeding 30 days.
Every thirty-day period following adjudication by the Magisterial
District Judge that the property owner fails to comply with this article
shall constitute a separate violation, subject to identical fines
and imprisonment as imposed by the Magisterial District Judge.
