[HISTORY: Adopted by the Town Board of the Municipality of
Kingston 4-21-2014 by Ord. No.
2014-6.[1]. Amendments noted where applicable.]
GENERAL REFERENCES
Building construction — See Ch. 60.
Noise — See Ch. 123.
Peace and good order — See Ch. 131.
Property maintenance — See Ch. 135.
Zoning — See Ch. 181.
[1]
Editor's Note: This ordinance also repealed former Ch. 116,
Landlord Registration, Licensing and Occupancy, adopted 9-7-2010 by
Ord. No. 2010-7.
This chapter shall be known and may be cited as the "Municipality
of Kingston Landlord Registration, Licensing and Occupancy Ordinance
of 2014."
It is the purpose of this chapter and the policy of the Administration
and the Town Council of the Municipality of Kingston to protect and
promote the public health, safety and welfare of its citizens and,
in furtherance of those objectives, to establish registration and
licensing requirements for landlords of real property in the Municipality
of Kingston, to establish and maintain a current record of all rental
properties and tenants occupying such properties, to reduce blight
within the Municipality of Kingston and to establish an enforcement
mechanism to effect the aforementioned objectives.
As used in this chapter, the following terms shall have the
meanings indicated:
One or more persons, as defined by this section, jointly
or severally, in whom all or part of the legal title to the premises
is vested as documented by the most current deed on record with the
Recorder of Deeds of Luzerne County and/or holds all or part of the
beneficial ownership and rights to the present use and enjoyment of
the premises. This definition includes a mortgage holder in constructive
or actual possession of a residential rental unit.
A period of time beginning January 1 and expiring December
31.
The Municipality of Kingston, Luzerne County, Pennsylvania,
a home rule municipality.
The license issued to the landlord of residential units under
this chapter, which is required for the lawful rental and occupancy
of residential rental units.
A natural person, partnership, corporation, unincorporated
association, limited partnership, trust or any other entity.
One or more persons, as defined by this section, jointly
or severally, in whom all or part of the legal title to the premises
is vested as determined by the most current deed on record with the
Recorder of Deeds of Luzerne County and/or hold all or part of the
beneficial ownership and rights to the present use and enjoyment of
the premises. This definition includes a mortgage holder in constructive
or actual possession of a residential rental unit.
Control and/or access to a premises under lease, contract
or the provisions of a mortgage.
A natural person, partnership, corporation, unincorporated
association, limited partnership, trust or any other entity appointed
by a landlord to take care of rental property within the Municipality
and be the agent for said landlord.
An account established by the Municipality of Kingston at
a bank of its choosing with an office within the Municipality which
account is limited to the deposit of rental funds collected pursuant
to the Municipality of Kingston Landlord Registration, Licensing and
Occupancy Ordinance of 2014. This account shall be a non-interest-bearing
account.
Any structure or apartment within the Municipality of Kingston
occupied by a tenant as defined in this chapter, this being someone
other than the owner of the real estate as determined by the most
current deed and for which the owner of the said parcel of real estate
receives any value, including but not limited to money, or the exchange
of services. Each apartment within a building is a separate unit requiring
a license.
An individual who resides in a residential rental unit, with
whom a legal relationship with the owner/landlord is established by
a lease or by the laws of the Commonwealth of Pennsylvania. A tenant
does not include:
A.
A patient in a residential treatment hospital or facility.
B.
A resident in a drug, alcohol or other dependency treatment facility,
halfway house, residence (or other facility) devoted to monitoring
and promoting a sober or substance-free lifestyle.
C.
A resident in a nursing, physical therapy or assisted living facility.
D.
An occupant of a hotel, motel or bed-and-breakfast facility.
E.
A resident in a community/group home facility licensed as such by
the Pennsylvania Department of Public Welfare.
F.
A resident of a facility owned and operated by the Luzerne County
Housing Authority.
A.
Registration. Every owner/landlord of a residential rental unit must
register the unit with the Code Enforcement Officer in accordance
with the following schedule:
(1)
All owners/landlords of residential units must register the units
with the Municipality of Kingston by April 1 of each license year.
(2)
Any individual, entity or firm which converts any structure to a
residential rental unit or units shall register the residential rental
unit or units with the Municipality upon the earliest occurrence of
the following events:
(3)
It shall be the responsibility of the grantee and the grantee's
agent to notify the Municipality of Kingston within 10 days of any
purchase or transfer of a rental unit.
(4)
Registration information shall be provided by all owners on a form
prescribed by the Municipality and shall include, at minimum, the
following information for each residential rental unit:
(a)
Owner's name, address and telephone number.
(b)
Property manager's name, address and telephone number if
applicable.
(c)
Property address and unit number for each rental registration
unit.
(d)
Maximum occupancy for the registered rental unit.
(e)
Emergency telephone number sufficient to allow telephone contact
by Kingston Police, Fire, Public Works and Administration 24 hours
a day, seven days a week.
(f)
Actual number of occupants in the registered unit.
(g)
Names of current tenants in the registered rental unit.
(5)
The owner of a residential rental unit must update the registration
information on record with the Code Enforcement Officer within 10
days of any changes of the information set forth above.
(6)
Any owner of a residential rental unit shall notify the Municipality
of Kingston at the Town Hall within 10 days of a new tenant occupying,
renting or residing in the landlord's or owner's residential
rental unit.
(7)
The registration for each unit shall be notarized or subject to the
provisions of Pennsylvania Statute, 18 Pa.C.S.A. § 4904,
relating to unsworn falsification to authorities.
B.
License requirement.
(1)
As a prerequisite to entering into a rental agreement or permitting
the occupancy of any rental unit, the owner of every such rental unit
shall be required to apply for and obtain a license for each rental
unit. No residential rental contract for property within the Municipality
of Kingston shall be legal without the prior registration of the unit
and the issuance of a license for said unit. The cost of a license
shall be $25 per unit if registered with the Municipality by April
1 of the relevant year. Should an owner/landlord not register with
the Municipality by April 1 of the relevant year, the cost of the
license shall be $50 per unit until July 1 of the relevant year after
which the cost of the license shall be $100 if registered during the
remaining months of the relevant year.
[Amended 5-4-2015 by Ord. No. 2015-3]
(3)
The cost of a license may be amended by resolution of Council and
Mayor from time to time.
(4)
A license shall be required for all residential rental units, whether
occupied or not occupied.
(5)
The following categories of properties shall not require licenses, and thus shall not, therefore, be subject to Subsection A(1) and (2) of this section:
(a)
Residential rental units occupied by immediate members of the
owner's family, provided that not more than two unrelated individuals,
in addition to the immediate members of the owner's family, occupy
the dwelling unit at any give time.
(b)
Those properties occupied by individuals who are not tenants
as defined by this chapter.
(6)
The owner and/or landlord of a residential rental unit within the
Municipality of Kingston shall be subject to the Rental Escrow Program
as set forth in this chapter.
C.
General.
(1)
It shall be the duty of every owner/landlord to keep and maintain all rental units in compliance with all applicable laws and regulations of the Commonwealth of Pennsylvania and ordinances of the Municipality of Kingston and to keep such property in good and safe condition. The owner/landlord shall be responsible for regularly performing all maintenance, including lawn mowing and ice and snow removal, and for making any and all repairs in and around the premises in conformity with the Kingston Property Maintenance Code, Chapter 135 of the Kingston Municipal Code. The delegation of the aforementioned duties to tenants (or any other person or entity) shall not excuse the owner/landlord from these responsibilities.
(2)
The owner/landlord shall be responsible for the management of his/her
property in conformity with the laws of the Commonwealth of Pennsylvania
and the ordinances of the Municipality of Kingston, including, but
not limited to, the Kingston Property Maintenance Code,[2] the Refuse Disposal Ordinance,[3] the Mandatory Recycling Law of the Municipality of Kingston,[4] and the Grass, Weeds, Vegetation and Hazardous Conditions
Ordinance.[5]
(3)
Owners/landlords must be proactive in managing their property and
are expected to utilize all legal means available to them to evict
tenants who routinely engage in disorderly conduct, disturb the public
peace, create excessive noise, or violate those criminal laws of the
Commonwealth of Pennsylvania relating to the illegal distribution
of drugs. The term "routinely engage" is defined as three or more
violations of any of the foregoing in any sixty-day period or more
than eight times in any period of 12 consecutive months. Violations
by either tenants or landlords/owners shall be added together in compiling
violations for a property.
(4)
Owners/landlords must enforce the provisions of 68 P.S. § 250.505-A,
relating to the use of illegal drugs.
A.
Every owner/landlord residing further than 20 miles from the corporate
boundaries of the Municipality of Kingston must designate a property
manager or person responsible for the care of all rental property.
The property manager or person responsible for taking care of rental
property must reside or have its corporate offices within 20 miles
of the corporate boundaries of the Municipality of Kingston. The property
manager shall be the designated recipient of all correspondence and
violation notices from the Municipality. The property manager shall
be the direct point of contact for disruptive conduct, emergencies,
and any other occurrence that may be of a time-sensitive nature. The
property manager shall be the agent of the property owner and by his,
her or its appointment shall be authorized and empowered to accept
service of all correspondence, violation notices, citations, court
complaints and pleadings on behalf of the landlord. The appointment
of a property manager shall remain in effect and shall be considered
as legally binding on both the principal and agent until revoked and
notice of revocation is provided by the owner/landlord to the Municipality.
B.
Every owner/landlord residing further than 20 miles from the corporate boundaries of the Municipality of Kingston must appoint a property manager within 45 days of enactment of this chapter. The owner/landlord must provide the Municipality with the property manager's name, address, and all pertinent contact information. The owner/landlord must also provide the Municipality with his/her name, address, and all pertinent contact information. The owner/landlord of the property shall be responsible for all of the duties of the property manager in the event that the Municipality is unable to communicate with the property manager. Contact information shall be updated on a yearly basis by April 1 of each year or within 10 days in conformity with § 116-4A(4).
A.
This section shall be enforced by the Code Enforcement Officer of
the Municipality of Kingston.
B.
Any owner/landlord that fails to comply with the registration requirements
of this chapter is in violation of this chapter.
C.
Any owner/landlord that rents a residential rental unit requiring
a license without a valid, current license, issued by the Municipality
of Kingston authorizing such use, is in violation of this chapter.
D.
Any owner/landlord that resides or has its corporate offices farther
than 20 miles from the corporate boundaries of the Municipality who
fails to appoint a property manager is in violation of this chapter.
E.
Any owner/landlord that fails to maintain his/her property in conformity
with municipal ordinances, including, but not limited to, the Kingston
Property Maintenance Code,[1] is in violation of this chapter. A record of any unpaid
citations for property maintenance violations shall be conclusive
evidence of a violation of this chapter and shall prevent and preclude
the issuance of any license pursuant to this chapter.
F.
Any owner/landlord that fails to utilize all legal means available
to him/her to evict tenants who routinely engage in disorderly conduct,
disturb the public peace, create excessive noise, or violate those
criminal laws of the Commonwealth of Pennsylvania relating to the
illegal distribution of drugs is in violation of this chapter.
A.
Any owner or landlord aggrieved by the action or decision of the
Code Enforcement Officer, excepting those matters that have become
the subject of citations and thereby have been submitted to the jurisdiction
of the District Magistrate for the Municipality of Kingston, may take
an appeal to the Registration/Licensing Board of Appeals within 10
municipal working days from the date of the action or decision being
appealed. The Registration/Licensing Board of Appeals shall convene
a hearing as prescribed in this section.
B.
There is hereby established an Appeals Hearing Board to hear all
appeals provided for under this chapter. The Appeals Board shall be
comprised of three individuals appointed to serve by the Mayor, with
the approval of Council, for three-year terms which will run from
January 1 through December 31 of each year. For the first appointments,
one individual shall serve for a three-year term, another for a two-year
term and another for a one-year term as determined by the Mayor upon
appointment.
C.
All appeals under this chapter must be made, in writing, to the Board
of Appeals and directed to them, care of the Municipal Secretary,
addressed to the municipal building. Such appeals shall be made in
writing and received by the Board of Appeals as indicated above no
later than the 10th municipal business day from the date the aggrieved
decision is mailed. Said written appeal must specify the decision
that is being appealed and state the reason or reasons therefor and
specify any facts in support of said appeal. This written appeal must
be accompanied by a sworn affidavit. Also, the appeal must be accompanied
by a fee of $150, payable in advance to the Municipality of Kingston
for each appeal taken, to cover the costs of the notices of hearing,
the hearing, and the cost of a stenographic record of the hearing.
This fee shall be refundable to the appellant in such instances where
the Board of Appeals reverses the decision of the Code Enforcement
Officer.
D.
The Board of Appeals shall schedule a hearing within 30 days after
a notice of appeal has been filed as stated above. The appellant or
his representative shall have the right to appear and be heard. Any
member of the Hearing Board shall have the authority to administer
oaths to any person who is to give testimony at any hearing before
the Board. A stenographic record of the hearing shall be made by the
Hearing Board; however, a transcript of the proceeding shall only
be made upon the payment for same, in advance, by the appealing party.
A written decision shall be made by the Appeals Board within 20 municipal
business days after the conclusion of said hearing. The decision of
the Appeals Board on such appeals shall be in writing and contain
findings of fact and conclusions of law. Said decision shall be served
on the appellant and the Code Enforcement Officer. Service of said
decision can be made by personally handing a copy to the individuals
or by regular mail, postage prepaid.
E.
Appeals from the Board can be taken within 30 days of the date of
the decision of the Board to the Court of Common Pleas of Luzerne
County. Said appeal to the Court of Common Pleas will be limited to
the Court reviewing the record made at the hearing given by the Appeals
Board, and the scope of review shall be limited to whether or not
the Appeals Board abused its discretion in rendering its decision.
The Appeals Board can only be reversed by the Court of Common Pleas
of Luzerne County if it is determined by said Court that the Appeals
Board had in fact abused its discretion. Appeals beyond the Court
of Common Pleas of Luzerne County shall be governed by the applicable
rules and laws pertaining to the same.
A.
Any landlord or owner of a residential rental unit that violates any provision of § 116-4 of this chapter, with all of the subsections thereunder, shall, upon conviction thereof, be sentenced to pay a fine no less than $100 and up to $500 for each and every offense. Each day an owner operates a rental unit in violation of § 116-4 shall be treated as a separate offense.
C.
No landlord with outstanding fines resulting from violation of Municipal
ordinances shall be eligible to obtain a license to rent residential
real estate in the Municipality of Kingston until and unless such
fines are paid in full.
D.
Fines imposed through this chapter shall be collected by any means
allowable by law.
E.
Each day an owner of a residential rental unit violates any provision
of this chapter shall constitute a separate offense.
F.
This chapter and the foregoing penalties shall not be construed to
limit or deny the right of the Municipality of Kingston, its agents
and representatives from seeking any other equitable or legal remedies
that may otherwise exist under applicable law.
G.
In addition to the fines set forth herein, the Municipality of Kingston
shall be entitled to reasonable attorney's fees and costs of
collection incurred in enforcing this chapter. Said fees shall be
added to any penalties set forth above.
In addition to all other penalty and enforcement remedies established
by this chapter or by any other Kingston ordinance, including, but
not limited to, the Property Maintenance Code,[1] owners/landlords of residential rental units within the
Municipality of Kingston shall be subject to the Municipality of Kingston
Rental Escrow Program, which is hereby established by this chapter.
A.
Owners/landlords of residential rental units that have not been registered
by April 1 of the license year pursuant to this chapter shall be sent
written notice of noncompliance by registered or certified mail, addressed
to the record address of such property on the tax records of the County
of Luzerne. Failure to receive said notice shall not affect the effectiveness
of the transmittal of said notice.
B.
Effective with the next monthly rental period following transmittal
of said notice, the owner/landlord is prohibited from receiving rents
from the unregistered residential rental unit.
C.
Effective with the next monthly rental period following transmittal
of said notice, the Kingston Code Enforcement Officer is to inspect
the unregistered unit for the purpose of determining if a tenant or
tenants are residing in an unregistered unit.
D.
Should tenants be found to be residing in an unregistered unit, the
tenant or tenants shall be provided with a copy of this chapter, together
with a written directive from the Code Enforcement Officer that rent
for the first calendar month following his inspection and for the
ensuing calendar months is to be paid to the Municipality of Kingston
for deposit into the Kingston Rental Escrow Account until otherwise
directed.
E.
If tenants are subject to a lease whereby they are paying for their
utilities (water, electric, gas) to their landlord, upon proof of
this contractual provision to the Kingston Code Enforcement Officer,
they may retain such sums for payment by them for such essentials
directly to the provider of such services or to the landlord for payment
for these purposes. This provision shall ameliorate any negative effects
that may be imposed upon the tenant by virtue of the nonpayment of
utilities by the owner/landlord and shall enhance the rights and protections
enjoyed by tenants under the Utility Service Tenants Rights Act, 68
P.S. § 399.1 et seq.
F.
All other rent shall be paid to the Municipality of Kingston for
deposit to the Kingston Rental Escrow Account, to be held in said
account until the owner/landlord properly registers the residential
rental unit. Upon registration, the escrowed amount shall be released
to the owner/landlord, net of fees, liens, fines, service fees and
other assessments payable to the Municipality of Kingston and a service
charge of 20% payable to the Municipality of Kingston on escrowed
funds.
G.
Payment of rent by a tenant to the Municipality of Kingston for deposit
to the Kingston Rental Escrow Account shall be considered to be an
absolute defense to any proceeding for collection or eviction by the
owner/landlord against the tenant.
H.
No residential rental unit shall be registered until all fees, liens,
fines, service fees and other assessments payable to the Municipality
of Kingston or the District Magistrate are paid in full. The funds
within the Kingston Rental Escrow Account may be utilized for said
purposes. Disbursements from the Kingston Rental Escrow Account in
payment of fees, liens, fines, service fees and other assessments
payable to the Municipality of Kingston and the District Magistrate
shall be made only after written notice sent to the owner/landlord
and after the expiration of 30 days thereafter.
I.
In addition to the foregoing, the Kingston Rental Escrow Account
may be utilized by the Municipality for the payment of enforcement
and legal fees necessary to pursue the enforcement objectives of this
chapter against the landlord/owner. These fees shall be paid only
after written notice sent to the owner/landlord and after the expiration
of 30 days thereafter.
J.
Any landlord aggrieved by the action or decision of the Code Enforcement Officer, excepting those matters that have become the subject of citations and thereby have been submitted to the jurisdiction of the District Magistrate with jurisdiction for Kingston, may take an appeal to the Registration/Licensing Board of Appeals within 10 municipal working days from the date of the action or decision being appealed. The Registration/Licensing Board of Appeals shall convene a hearing as prescribed in § 116-7 of this chapter.
A.
If any section or provision of this chapter is adjudicated, by a
court of competent jurisdiction, as unlawful, void, or unenforceable,
all remaining sections and provisions of this chapter shall remain
in full force and effect.
B.
This chapter shall become effective as provided by Sections 212 and
213 of the Charter of the Municipality of Kingston.
