[HISTORY: Adopted by the City Council of the City of Clairton 11-13-2007 by Ord. No.
1796[1]. Amendments noted where applicable.]
GENERAL REFERENCES
Brush, grass and weeds — See Ch. 159.
Fire prevention — See Ch. 199.
Housing and health standards — See Ch. 217.
Property maintenance — See Ch. 274.
Collection and recycling of solid waste — See Ch. 299.
Snow removal and use of chemicals on sidewalks — See Ch. 303, Arts. I, V and VII.
Vacant structures and properties — See Ch. 324.
[1]
Editor's Note: The provisions of this ordinance were originally
adopted as Ch. 338, but were renumbered to fit the alphabetical organization
of the Code.
A.
It is the purpose of this chapter and the policy of the Council of
the City of Clairton, 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 all dwelling units
in the City of Clairton 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 City that owners, managers and occupants
share responsibilities to obey the various codes adopted to protect
and promote public health, safety and welfare. This chapter provides
for a system of inspections; issuance and renewal of occupancy license;
and sets penalties for violations.
B.
This chapter shall be liberally construed and applied to promote
its purposes and policies.
C.
In considering the adoption of this chapter, the City of Clairton
makes the following findings:
(1)
There
is a greater incidence of violations of various codes of the City
at residential rental properties than at owner-occupied residential
properties.
(2)
There
is a greater incidence of problems with the maintenance and upkeep
of residential properties that are rental units than at owner-occupied
residential properties.
(3)
There
is a greater incidence of disturbances, which adversely affect the
peace and quiet of the neighborhood, at residential properties that
are rental units than at owner-occupied residential properties.
As used in this chapter, the following terms shall have the
meanings indicated:
The City of Clairton, Allegheny County, Pennsylvania.
Any code or ordinance adopted, enacted, and/or in effect
in and for the City of Clairton concerning fitness for habitation
or the construction, maintenance, operation, occupancy, use or appearance
of any premises or dwelling unit. Included within, but not limited
by, this definition are the following which are in effect as of the
date of enactment of this chapter: Building Code; Property Maintenance
Code; Fire Prevention Code; National Electrical Code; One- and Two-Family
Dwelling Code; Floodplain Management Ordinance; Sidewalk Maintenance
Ordinance; Solid Waste and Recycling Ordinance; International Mechanical
Code; Zoning Ordinance; and any duly enacted amendment or supplement
to any of the above and any new enactment falling within this definition.[1]
The duly appointed Code Enforcement Officer(s) having charge
of the Office of Code Enforcement of the City of Clairton, and any
member of the Police or Fire Department of the City of Clairton so
designated to carry out the duties noted herein.
In multiple-unit dwellings, space that is not part of a regulated
rental unit and which is shared with other occupants of the dwelling
whether they reside in regulated dwelling units or not. Common areas
shall be considered as part of the premises for purposes of this chapter.
Any form of conduct, action, incident or behavior perpetrated,
caused or permitted by any occupant or visitor of a regulated dwelling
unit that is so loud, untimely (as to hour of the day), offensive,
riotous or that otherwise unreasonably disturbs other persons of reasonable
sensibility in their peaceful enjoyment of their premises such that
a report is made to the police and/or Code Enforcement Officer complaining
of such conduct, action, incident, or behavior. It is not necessary
that such conduct, action, incident or behavior constitute 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
therefor, 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 building having one or more dwelling units.
A room or group of rooms within a dwelling and forming a
single unit and used for living and sleeping purposes, having its
own cooking facilities and a bathroom with a toilet and a 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. (Same as "owner.")
An adult individual designated by the owner of a regulated rental unit under § 285-4. The manager shall be the agent of the owner for service of process and receiving notices or demands and to perform the obligation of the owner under this chapter and under rental agreement 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
under this chapter, which is required for the lawful rental and occupancy
of regulated rental units.
An individual who resides in a regulated rental 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.
A dwelling unit in which the owner resides on a regular,
permanent basis.
A natural person, partnership, corporation, unincorporated
association, limited partnership, trust, or any other entity.
City police or any properly authorized member or officer
of a municipal Police Department thereof or any other law enforcement
agency having jurisdiction within the City of Clairton.
Any parcel of real property in the City, including the land
and all buildings and appurtenant structures or appurtenant elements,
upon which one or more regulated rental units is located.
A dwelling unit occupied by any person under a rental agreement.
A written agreement between owner/landlord and occupant/tenant supplemented by the addendum required under § 285-7 of this chapter, embodying houses, row houses, the terms and conditions concerning the use and occupancy of a specified regulated rental unit or premises.
An individual who resides in a regulated rental 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.")
A.
It shall be the duty of every owner to keep and maintain all regulated
rental 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.
B.
As provided for in this chapter, 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 chapter,
every owner shall also be responsible for regulating the conduct and
activities of the occupants of every regulated rental unit, which
he, she or it owns in the City, which conduct or activity takes place
at such regulated rental unit or its premises.
C.
In order to achieve those ends, every owner shall regulate the conduct
and activity of the occupants thereof, both contractually and through
enforcement, as more fully set forth below.
D.
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 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 guest
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.
E.
This chapter is not intended, nor shall its effect be, to limit any
other enforcement remedies which may be available to the City against
an owner, occupant, or guest thereof.
Every owner who is not a full-time resident of the City of Clairton
or a resident elsewhere within 15 miles from Clairton shall designate
a manager who shall reside within 15 miles of the City of Clairton.
If the owner is a corporation, a manager shall be required if any
officer of the corporation does not reside within the aforesaid distance.
The officer shall perform the same function as a manager. If the owner
is a partnership, a manager shall be the agent of the owner for service
of process and receiving notices and demands, as well as for performing
the obligation of the owner under this chapter and under rental agreements
with occupants. The identity, address and telephone number(s) of a
person who is designated as manager hereunder shall be provided by
the owner or manager to the City, and such information shall be kept
current and updated as it changes.
The owner or manager shall disclose the occupant in writing
on or before the commencement of tenancy:
A.
The owner shall maintain the premises in compliance with the applicable
codes of the City 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
owner and occupants only if:
C.
In no case shall the existence of any agreement between the owner
and occupant relieve any owner of any responsibility under this chapter
or other ordinances or codes for maintenance of premises.
A.
All rental agreements for regulated dwelling 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 the occupant with copies of the rental agreement
and addendum upon execution. The owner shall further secure a written
acknowledgement from the occupants that they have received the disclosures
and information required by this chapter.
[1]
Editor's Note: Said appendix is included as an attachment
to this chapter.
B.
Terms and conditions. The owner and occupant may include in a rental
agreement terms and conditions not prohibited by this chapter 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 chapter,
no rental agreement may provide that the occupant or owner agrees
to waive or to forego rights or remedies under this chapter. A provision
prohibited by this subsection included in a rental agreement shall
be unenforceable.
D.
Attachment of ordinance to rental agreement. Following the effective
date of this chapter, a summary hereof in a form provided to owner
by the City, 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 chapter; the owner shall
provide the occupants with a copy of the summary within 60 days after
enactment of this chapter.
E.
Upon oral or written request by the Code Enforcement Officer, the
owner shall within 10 days of such request furnish to the City copies
of acknowledgment that the occupants have received the disclosures
and information required to be given and acknowledged as required
by this chapter.
F.
Upon oral or written request by the Code Enforcement Officer, the
owner shall within 10 days of such requests furnish to the City, for
inspection purposes, copies of the leases the owner has entered into
for regulated rental units.
The owner shall reply promptly to reasonable complaints and
inquiries from occupants.
The owner shall comply with all provisions of the Landlord and
Tenant Act of the Commonwealth of Pennsylvania.[1]
[1]
Editor's Note: See 68 P.S. § 250.101 et seq.
Where an owner 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.
A.
Within 10 days after receipt of written notice from the Code Enforcement
Officer that an occupant of a regulated rental unit has violated a
provision of this chapter, 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 City, setting forth what action the owner 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
chapter.
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 chapter
and to not permit the occupant to occupy the premises during the subsequent
licensing period.
E.
The owner shall file a report with the City on a form to be provided
by the City specifically detailing the circumstances surrounding the
eviction of any occupant for any reason. If any occupant is evicted
for nonpayment of rent, then the owner must also furnish the City
proof that said occupant has been reported to a licensed credit reporting
bureau.
Upon receiving notice of any code violation 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.
In case the owner of premises shall neglect, fail, or refuse
to comply with any notice from the City 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
City 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 City shall cause a violation to be corrected;
and the owner of the premises shall be billed after same have 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 cost. The
remedies provided by this section are not exclusive, and the City
and its Code Enforcement Officer may invoke such other remedies available
under this chapter or other applicable codes, ordinances or statutes,
including, where appropriate, condemnation proceedings or declarations
of premises as unfit for habitation, or suspension, revocation or
nonrenewal of the license issued hereunder. Nothing in this section
or this chapter shall be construed to shift the responsibility for
keeping any premises in a safe condition from the owner of any such
premises to the City. The City shall not be held liable in any situation
for failure to exercise the powers granted herein to remedy any such
code violation.
The owner shall permit inspection of any premises by the Code
Enforcement Officer, as defined herein, at reasonable times upon reasonable
notice.
The occupant shall comply with all obligations imposed upon
occupants by this chapter, all applicable codes and ordinances of
the City and all applicable provisions of state law.
A.
The maximum number of persons permitted in any regulated rental unit
at any time shall not exceed one person for each 50 square feet of
habitable floor space in said regulated rental unit. The maximum number
of persons permitted in the common area of any multiple dwelling at
any time shall not exceed one person for each 15 square feet of common
area on the premises.
The occupant shall conduct himself or herself and require the
other persons, including, but not limited to, guests on the premises
and within his or her regulated rental 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.
The occupant shall, unless otherwise permitted by applicable
law or ordinance, occupy or use his or her regulated rental unit for
no other purpose than as a residence.
The occupant shall not engage in, 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.).
A.
The occupant shall not engage in, tolerate, nor permit others on
the premises to engage in disruptive conduct, or other violations
of this chapter.
B.
When police or the Code Enforcement Officer investigates 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,
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 form.
When the police make such investigation, said police officer shall
then submit the completed disruptive conduct report to the Code Enforcement
Officer within seven working days. In all cases, the Code Enforcement
Officer shall mail a copy of the disruptive conduct report to the
owner or manager within 10 working days of the occurrence of the alleged
disruptive conduct, whether the person making the investigation on
behalf of the City is the Code Enforcement Officer or police.
The occupant shall comply with all lawful provisions of the
rental agreement entered into between the owner and occupant. Failure
to comply may result in the eviction of the occupant by the owner.
The occupant shall not intentionally cause, permit, nor tolerate
others to cause damage to the premises. Conduct which results in damages
in excess of $500 shall be considered a violation of this chapter.
The occupant shall permit inspection by the Code Enforcement
Officer, as defined herein, of the premises at reasonable times, upon
reasonable notice.
A.
As a prerequisite to entering into a rental agreement or permitting the occupancy of any regulated rental unit (except as provided in Subsection C, below), the owner of every such regulated rental shall be required to apply for and obtain a license for each regulated rental unit.
B.
A license shall be required for all regulated rental units.
C.
The application for the license shall be in a form as determined
by the City.
D.
The owner shall maintain a current list of occupants in each regulated
dwelling unit, which shall include their name, permanent address and
permanent telephone number. The owner shall furnish the list to the
City upon request and shall notify the City of any changes in the
number of occupants so that revisions can be made to the license.
E.
The owner shall furnish with his or her application for license a copy of the written lease which the owner intends to have the occupants of each license 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 § 285-7 of this chapter.
F.
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 deposit at the time the owner apply
for a license or who have committed to residing in the premises.
A.
Each license shall have an annual term running from January 1 through
December 31 each year.
B.
Upon application for a license and prior to the issuance of renewal
thereof, each applicant shall pay to the City an annual license and
inspection fee of $25 per unit. This fee shall again be due if there
is a midterm tenant change or per each tenant change. The license
and application fee may be amended from time to time by resolution
of the City 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.
D.
No license shall be issued if the owner has not paid any fines and
costs arising from enforcement of this chapter or any of the ordinances
of the City of Clairton relating to land use and/or code enforcement,
if any licensing fees under this chapter are due and owing to the
City, or if any taxes of any nature are due which are imposed on the
real estate involved.
A.
All premises shall be subject to periodic inspection by the Code
Enforcement Officer or another duly authorized agent of the City.
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, as defined herein, is hereby designated
as the official authorized to enforce this chapter and to take appropriate
measures to abate violations herein, for and on behalf of the City
of Clairton. The Police and Fire Departments will also have authority
to enforce this chapter and take appropriate action to abate violations
as indicated in the definition of Code Enforcement Officer herein.
C.
This section shall not be construed so as to limit or restrict the
Code Enforcement Officer's authority to conduct inspection of
premises, whether or not subject to the permitting and inspection
requirements of this chapter or pursuant to any other ordinance or
Code.
Upon showing of probable cause that a violation of this chapter
or any other ordinance of the City of Clairton has occurred, the Code
Enforcement Officer or police may apply to the District Justice having
jurisdiction in the City of Clairton for a search warrant to enter
and inspect the premises.
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 chapter that imposes a duty upon the owner,
and/or for failing to regulate the breach of duties by occupants as
provided for herein.
A.
Formal warning. Formal written notification of at least one violation
of this chapter. Upon satisfactory compliance with this chapter and
any conditions imposed by the Code Enforcement Officer and/or the
City 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 the City Council.
B.
Nonrenewal. The denial of the privilege to apply for license renewal
after expiration of the license term. The City 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 the City Council.
C.
Suspension. The immediate loss of the privilege to rent regulated
rental units for a period of time set by the Code Enforcement Officer
or by the City Council. The owner, after 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 for a period time set by the Code Enforcement Officer
or the City 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.
A.
The Code Enforcement Officer, when recommending discipline, and the
City Council, when applying discipline, shall consider the following.
(1)
The effect of the violation on the health, safety and welfare of
the occupants of the regulated rental unit and other residents of
the premises.
(2)
The effect of the violation on the neighborhood.
(3)
Whether the owner has prior violations of this chapter and other
ordinances of the City or has received notices of violations as provided
for in this chapter.
(4)
Whether the owner has been subject to disciplinary proceedings under
this chapter.
(5)
The effect of disciplinary action on the occupants.
(6)
The action taken by the owner to remedy the violation and to prevent
future violations, including any written plan submitted by the owner.
(7)
The policies and lease language employed by the owner to manage the
regulated dwelling unit to enable the owner to comply with the provisions
of this chapter.
B.
In addition to applying discipline as set forth above, the Code Enforcement
Officer may recommend and City Council may impose upon the existing
or subsequent license reasonable conditions related to fulfilling
the purposes of this chapter.
Any of the following may subject the owner to discipline as
provided for in this chapter.
A.
Failure to abate a violation of the City codes and ordinances that
apply to the premises within the time directed by the Code Enforcement
Officer.
B.
Refusal to submit to the inspection of the premises by the Code Enforcement Officer as required by § 285-26.
C.
Failure to take steps to remedy and prevent violations of this chapter by occupants of regulated rental units as required by § 285-11 of this chapter.
D.
Failure to file and implement an approved plan to remedy and prevent violations of this chapter by occupants of a regulated rental unit as required by § 285-11 of this chapter.
E.
Failure to evict occupants after having been directed to do so by the Code Enforcement Officer of the City as provided for in § 285-11 of this chapter.
F.
Three violations of this chapter or other ordinances of the City
that apply to the premises within a license term. For purposes of
this chapter, there need be no 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.
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 the identification of
the particular regulated rental unit(s) affected.
(2)
A description of the violation, which has been found to exist.
(3)
A notice that the regulated rental unit(s) is in violation of this
chapter with a specification of the grounds of the violation. Such
violations must be cured within 30 days from the date of this notice.
(4)
Notice that each day the violation remains shall be a separate violation and punishable under § 285-33. The City shall further have the right to enjoin the obligations and duties created under this chapter.
(5)
A statement informing the owner that he, she or it has a right to
appeal the decision that the owner is in violation of this chapter
by submitting in writing to the City 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 the relief requested by the
appellant. Such notice of appeal may be required to be submitted on
a form to be prescribed therefor by the City Council, to be signed
by the appellant. There is hereby imposed a fee for filing such appeals,
the amount of which shall be determined and established from time
to time by resolution of the City Council.
(6)
Upon receipt of such an appeal in proper form, accompanied with the
requisite filing fee, the City Administrator shall schedule a hearing
to be held at the time and date of the next regularly scheduled City
Council meeting not less that 10 days from the date on which the appeal
is filled.
(7)
The appellant and the Code Enforcement Officer shall receive written
notice of the hearing on appeal.
(8)
The City 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
to 555. The appellant and all other parties having 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 City Council shall make a decision 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
the City 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, that time limits for rendering
the decision and reducing it to writing set forth herein shall be
calculated from the last hearing date (at which substance of the decision
is orally announced).
B.
Delivery of notification.
(1)
All notices shall be sent to the owner or 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 to deliver 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 United States Mail, then it shall be deemed to have been delivered to and received by the address on the fifth day following its deposit in the United States Mail, and all time periods set forth under § 285-32 above, shall thereupon be calculated from said fifth day.
A.
It shall
be unlawful for any person, as either owner or manager of a regulated
rental unit for which a license is required, to operate without a
valid, current license issued by the City authorizing such operation.
B.
It shall
also be unlawful for any person, either owner or manager to exceed
the maximum limit as set forth on the license, or to violate any other
provision of this chapter.
C.
It shall
be unlawful for any occupant to violate this chapter.
Any other violation of this chapter shall constitute a civil
offense punishable upon conviction thereof by a District Justice,
by a fine not to exceed $600 plus costs of prosecution. Each day of
violation shall constitute a separate and distinct offense.
The penalty provision of this chapter and the license nonrenewal,
suspension and revocation procedures provided in this chapter shall
be independent, nonmutually exclusive separate remedies, all of which
shall be available to the City as may be deemed appropriate for carrying
out the purpose of this chapter. The remedies and procedures provided
in this chapter for violation hereof are not intended to supplant
or replace, to any degree, the remedies and procedures available to
the City in the case of a violation of any other code or ordinance
of the City, whether or not such other code or ordinance is referenced
in this chapter 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 chapter.
A.
For purposes of this chapter, 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 chapter shall have been received
by such owner if the notice was given to the owner in the manner provided
in this chapter.
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 chapter.
It shall be the duty of each owner of a regulated rental unit
to notify the Code Enforcement Officer in writing of any changes in
ownership of the premises or of the number of regulated rental 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 of the changing of a
dwelling unit from owner-occupied to non-owner-occupied, which thereby
transforms the dwelling into a regulated rental unit for purposes
of this chapter.
If any regulated rental 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 chapter, and shall be severally subject to
prosecution of the violation of this chapter.
If any provision of this chapter or the application thereof
to any person or circumstances is held invalid, such holding shall
not affect the other provisions or application, and, to this end,
the provisions of this chapter are declared severable.
All ordinances or parts of ordinances which are inconsistent
herewith are hereby repealed to the extent of such inconsistency.
This chapter shall become effective immediately.
