[HISTORY: Adopted by the Borough Council of the Borough of
Collingdale as indicated in article histories. Amendments noted where
applicable.]
[Adopted 11-12-2007 by Ord. No. 657]
This article is enacted to establish a procedure of inspection
and certification for all rental units and the occupancy, sales or
transfers of property, and to promote the health, safety, morals and
general welfare of the residents of the Borough of Collingdale.
As used in this article, the following terms shall have the
meanings indicated, unless a difference in meaning clearly appears
from the context:
The portion of any dwelling unit located partly underground
but having less than 1/2 its clear floor-to-ceiling height below the
average grade of the adjoining ground.
A parcel of real estate, with or without improvements located
thereon, utilized by any person or persons for any commercial activity
purpose.
One or more rooms used for living and/or sleeping purposes
arranged for occupancy by one family or by one or more persons, but
in no case will any basement area be used for sleeping purposes.
One or more persons living in a single dwelling unit and
functioning as a common household sharing household expenses and joint
use of the entire dwelling unit. If a dwelling unit is rented, in
order to qualify as a "family," there shall not be more than one lease
among the occupants. A "family" shall not include more than four persons
who are not related to each other.
A lessor or owner or person who acts as an agent for the
lessor or owner of any parcel of real estate located in the Borough
of Collingdale; a lessor or seller or person who acts as agent for
the lessor or owner of any improvements on real estate or any building
located within the Borough of Collingdale.
Any building, including an apartment or condominium building,
containing four or more dwelling units.
Any individual, partnership, association, firm or corporation.
A person who has the use, either by himself or with others,
of a dwelling unit or business unit owned by a person other than himself
for a period exceeding 30 days.
Within 30 days from the effective date of this article, each
landlord owning, managing or operating a dwelling unit and/or business
unit shall not rent, lease, let out or permit the same to be occupied
without first applying for and securing the following:
A.
Annual rental dwelling license for each occupied and/or vacant business
or dwelling unit(s), issued pursuant to the provisions of this article
and other applicable ordinances, rules and regulations enacted by
the Borough Council.
B.
The annual rental dwelling license must be conspicuously displayed
inside each rental/business unit within three feet of the principal
means of ingress and egress to the property. In addition to the issuance
of the rental dwelling license, each owner or landlord shall be issued
a decal, which shall be permanently affixed to the door through which
access is gained to the property or in a window of the rental or business
dwelling in such a way that the decal is visible from the exterior
of the property in which the rental or dwelling business is located.
The failure to affix the decal as required by this article shall constitute
a violation hereof.
C.
Upon application for an annual rental dwelling license, each landlord
shall provide the Administrative Officer, in writing, the following
information:
(1)
List of all units owned by the landlord located within the Borough,
whether they are occupied or not, whether business or dwelling unit(s).
(2)
Address of each dwelling unit and/or business unit.
(3)
Brief description of each business unit and/or dwelling unit; list
sleeping, cooking and bathroom areas, and on what floor located.
(4)
Indicate whether dwelling and/or business unit is occupied, vacant
or utilized by tenants.
(5)
Name(s) of all tenant(s) utilizing the aforementioned unit(s).
(6)
Number of occupants occupying or utilizing each unit(s).
After the effective date of this article, any person who becomes a landlord within the limits of the Borough of Collingdale by agreement of sale, deed or by any other means shall, within 30 days thereafter, obtain an annual rental dwelling license, providing the Administrative Officer the information and data set forth as required by § 422-3 of this article.
After the effective date of this article, each and every landlord
of property located within the Borough of Collingdale shall obtain
a use and occupancy permit whenever there is a change of ownership,
structural modification or structural addition to any residential
structure or business unit or change in the use and/or occupancy of
any dwelling and/or business unit owned by said landlord. A landlord
shall provide the Administrative Officer with written notice of the
new use and/or the name of the new tenant of each unit, the date when
each change is effective, and the forwarding address of the previous
tenant(s). All vacancies shall also be reported.
A.
The Administrative Officer and/or other inspector(s) designated by
Borough Council under the authority of this article shall be authorized
to inspect on an annual basis each dwelling or business unit upon
a sale, change in ownership, vacancy, rental, use and/or occupancy,
prior to the occupancy of the next owner or tenant, to confirm the
following:
(1)
That all units have the appropriate fire/heat/smoke detectors and
fire-suppression systems installed and all are in proper working order,
and that all multiple-dwelling units and business units have properly
marked fire exit routes, fire exit signs and emergency lighting;
(2)
That all windows operate properly, have no broken, cracked or missing
glass and have appropriate screening installed and in satisfactory
condition;
(3)
That all stairways, both interior and exterior, are unobstructed
and clear of all trash and debris; all stairways with three or more
stairs must have appropriate handrails installed;
(4)
That all doors, including garage doors, are in proper working order;
(5)
That all elevators, if any, are in operating condition and display
the latest certificate of inspection and capacity;
(6)
That all porches, balconies or decks are in safe condition and in
good repair and have appropriate railings installed;
(7)
That the unit meets the applicable parking requirements of the current Zoning Ordinance, except if such unit was functioning in its current use prior to the requirements of Chapter 610, Zoning;
(8)
That all parking lots, driveways and parking spaces are in good condition
and free of all debris;
(9)
That no cars, trucks, motorcycles, motorbikes or other motor vehicles
be left on the property with expired tags, inspection and/or emission
stickers, and that no fuel-driven motors are stored inside the dwelling
unit(s);
(10)
That curbs, sidewalks, steps, stairways and walkways are in
good condition and repair;
(11)
That gutter and downspouts are in good condition and repair
and are not connected to the sanitary sewer, nor are there any sump
pumps connected to the sanitary sewer;
(12)
That all heating and/or air-conditioning devices or units, hot
water heating devices, plumbing fixtures are working satisfactory;
(13)
That all fencing is in good repair;
(14)
That all lawn areas are trimmed so that the height does not
exceed six inches, and that all trees, hedges, and bushes are properly
trimmed;
(15)
That the property is clear of all debris;
(16)
That all electrical outlets and switches are in satisfactory
working order and that GFI outlets are installed where necessary and
working properly;
(17)
That all exterior walls are in good repair;
(18)
That the painting of exterior surfaces is in satisfactory condition;
(19)
That all exterior units contain exterior address numbers in
front and rear of units at least four inches in height and all interior
units be properly designated; and
(20)
That all units exceeding two stories above grade shall provide
a minimum of two independent exits, with one exit being accessible
from the third or higher story.
B.
Inspections for the requirements of this article shall be completed
as follows:
C.
Upon satisfying the aforementioned conditions, each landlord will
be provided a certificate of occupancy from the Borough of Collingdale
for each unit. No dwelling unit(s) or business unit(s) may be occupied
without a valid certificate of occupancy.
D.
If the Administrative Officer finds that any unit fails to satisfy
the above conditions, the landlord shall be directed to repair the
unsatisfactory condition(s) within 30 days. At the expiration of this
thirty-day period, said unit shall be reinspected.
E.
The landlord shall pay to the Borough of Collingdale the cost for
each permit and inspection, as follows:
(1)
A rental dwelling license fee of $75 per unit;
(2)
A reinspection fee charge of $40 per unit per reinspection.
(3)
A use and occupancy permit fee of $100 per unit.
(4)
A reinspection fee charge of $40 per unit per reinspection.
(5)
Upon written request, the Collingdale Borough Council by a majority
vote may consider a waiver or reduction in the aforementioned fees
upon evidence of hardship or other cause, as may be deemed appropriate
by the Borough Council.
F.
All rental dwelling licenses and use and occupancy permits for rentals,
leased or subleased, single- or multiple-family dwellings and business
units shall be valid for a period of one year unless revoked for noncompliance
of any Borough ordinance or nonpayment of Borough sanitary sewer or
trash collection fees. Such license or permit shall be renewable for
successive periods of one year from the original date of issuance
upon reinspection and compliance with the provisions of this article.
Licenses and permits shall not be transferable.
A.
The Borough Council for the Borough of Collingdale shall appoint
the Borough Manager, Borough Administrative Officer, Property Maintenance
Official or any other such individual or organizations qualified to
enforce the provisions of this article.
B.
The appropriate Borough officials are hereby authorized and directed
to process all applications for use and occupancy permits and rental
dwelling licenses and, prior to the issuance of same, determine by
inspection that all of the requirements of this article and/or any
other applicable ordinance, rules and regulations enacted by the Borough
Council have been met.
A.
Upon display of proper identification, the Code Enforcement Officer
or the authorized agent of the Borough, or other representative of
the Borough, is authorized and directed to make inspections to determine
the condition, occupancy and/or use of any business or dwelling unit
rented or available for let within Collingdale Borough in order to
safeguard the health and safety of the occupants thereof and the general
public.
B.
The Code Enforcement Officer is authorized to enter the same for
the purposes of examining and surveying all areas of any such business
and/or dwelling units at reasonable times, which shall be determined
to be between the hours of 9:00 a.m. and 5:00 p.m. prevailing time.
Each owner or occupant of any such dwelling or business unit shall
extend to the Code Enforcement Officer or other authorized individual
access to such dwelling or business unit for the purposes of making
any inspection, examination or survey thereof.
C.
In the event that permission to enter any such dwelling or business
unit for the purpose of inspection, examination or survey is denied,
the Code Enforcement Officer or other authorized Borough representative
may apply, upon a showing of probable cause to the appropriate Magisterial
District Judge, for an administrative search warrant.
It shall be unlawful for any owner, manager, agent or other
person in control of any dwelling or business unit(s) to which this
article applies, other than an owner-occupied single-family building,
to allow occupancy of any dwelling or business unit(s) on the premises
by another or to represent to the general public that such premises
or any part thereof is for rent, lease or occupancy unless such owner,
operator, agent or other person in control of said property has been
issued a valid rental dwelling license and use and occupancy permit
for such dwelling or business unit(s), and such license or permit
has not been suspended or revoked.
When the Code Enforcement Officer determines that there exists
a violation of any provision of this article, he shall serve written
notice of such violation to the person or persons responsible as herein
provided. Such notice shall state the nature and scope of the violation
and allow for 20 days for the performance of any repairs to bring
the property in compliance with this article. In the event that the
violations are not cured within 20 days, the Code Enforcement Officer
shall have the right to pursue all legal remedies provided under the
penalties and violations sections of this article.
Whenever the Code Enforcement Officer finds that there exists
any violation of this article which creates an emergency requiring
immediate correction to protect the health, safety and welfare of
any occupant of a dwelling or business unit, he may issue an order
citing the existence of such an emergency and requiring that such
action be taken as he deems necessary and appropriate to meet the
emergency. Notwithstanding the other provisions of this article, such
order shall be effective immediately. Any person to whom such order
is directed shall comply therewith immediately but, upon petition
to the Borough Council, shall be afforded a hearing on such order
as soon as practical.
The owner, operator, manager, agent or other person in control
of the property within the Borough of Collingdale who violates any
provisions of this article shall, upon conviction thereof, be sentenced
to pay a fine not exceeding $1,000 plus costs of prosecution and,
in default of payment of such fine and costs, shall be imprisoned
for a period not to exceed 30 days. A separate offense shall be deemed
committed on each day during or on which a violation occurs or continues
without abatement.
In addition to all other remedies and penalties provided by
this article and other Borough of Collingdale ordinances, the Borough
Solicitor may bring suit in a court of competent jurisdiction to seek
an injunction or other appropriate relief to halt any violation of
this article. Such action may include seeking a temporary restraining
order or temporary injunction and other appropriate temporary relief.
Nothing in this article shall be deemed to restrict a suit for damages
on behalf of the Borough or on behalf of any other person or entity.
