[Adopted 9-18-2001 by Ord. No. 545]
As used in this article, the following words shall have the following meanings unless the context clearly indicates otherwise:
AGENT
Any person, corporation, copartnership, association or fiduciary who, for monetary consideration, aids in the rental of property as defined herein. When used in this article, in a clause prescribing any activity or imposing a penalty, the term, as applied to partnerships and associations, shall mean each partner and as applied to corporations, the officers thereof.
CODES
The Fire Prevention, Building, Housing, Mechanical Property Maintenance, Electrical and Plumbing Codes, as adopted by the Borough of Tamaqua from time to time, and any rules and regulations promulgated thereunder.
OWNER
Any person, agent, operator, firm, corporation, partnership, association, property management group, or fiduciary having legal, equitable or other interest in any real property; or recorded in the official records of the state, county or municipality as holding title to the property; or otherwise having control of the property, including the guardian of the estate of any such person and the executor or administrator of such person's estate. When used in this article in a clause prescribing any activity or imposing a penalty, the term, as applied to partnerships and associations shall mean each partner and as applied to corporations, the officers thereof.
RESIDENTIAL RENTAL UNIT
Any dwelling unit or structurally enclosed area, including, or intended to be used as, the living quarters for one or more individuals and not occupied by the owner thereof.
RESIDENTIAL RENTAL UNIT REGISTRATION NUMBER
The district registration number assigned by the Code Enforcement Officer to a residential rental unit.
A. 
No owner or agent shall own or operate a residential rental unit unless and until a current registration license for each specific unit has been issued to the owner or the agent by the Code Enforcement Officer pursuant to this article.
B. 
The registration license required by Subsection A shall be valid for the calendar year for which it is issued and if issued during the calendar year, for the remainder of such calendar year. The license shall be renewable for successive calendar years when the licensed premises complies with all applicable Borough ordinances and other applicable regulations. The license shall not be transferable and may be revoked at any time for noncompliance with all applicable Borough Codes.
C. 
Every owner or agent owning or operating any residential rental unit requiring a license under Subsection A shall, on or before January 31 of each year, register such residential rental units within the Borough on forms provided by the Code Enforcement Officer of the Borough of Tamaqua.
D. 
Any owner or agent who transfers legal title to and/or operational control over any residential rental unit requiring a license under Subsection A shall give notice of such transfer, in writing, to the Code Enforcement Officer of the Borough of Tamaqua within five business days after having transferred ownership of or operational control over such residential rental unit by providing the name, address and telephone number of such new owner or agent as the case may be.
E. 
Every owner or agent of a residential rental unit shall advise each occupant thereof, in writing, either in the lease between the parties or otherwise, of the maximum number of occupants permitted in the leased premises.
F. 
There shall be no fee for the registration of any residential rental unit as required by this section.
G. 
No owner or agent may offer for rent or assist in offering for rent, by advertising or otherwise, any residential rental unit without first ascertaining that valid registration license exists for such residential rental unit. Any advertisement for rent of a residential rental unit, including, but not limited to, newspaper, radio or television advertisement, placard advertisement or real estate listing, shall include the residential rental unit registration number assigned by the Borough.
H. 
Failure to register the residential rental unit with the Code Enforcement Officer within 90 days of the effective date of this article, or within 30 days following the purchase or conversion of a structure to a rental property, shall constitute a violation of this article.
No residential rental unit shall be occupied by other than the owner thereof unless a registration license has been obtained pursuant to § 253-8 hereof, and a certificate of compliance has been obtained in accordance with the provisions of § 253-11 hereof. Both the registration license and certificate of compliance shall be displayed at the structure in which the residential rental unit is located.
A. 
Each residential rental unit shall be inspected by the Code Enforcement Officer or his designee at least one time in a four-year period and for such purpose and for any reinspection required hereunder, the owner shall provide access to the Code Enforcement Officer and any other Borough employees deemed necessary in the sole discretion of the Code Enforcement Officer.
(1) 
As for any residential rental unit unoccupied or occupied by the owner on or after the effective date hereof, the owner must obtain a registration license and certificate of compliance prior to the occupancy of such residential rental unit by anyone other than the owner. Subsequent inspections shall occur as set forth in Subsection A(2).
(2) 
Subsequent inspections.
(a) 
As for any residential rental unit occupied by other than the owner as of the effective date hereof, and for all subsequent inspections, inspections required by this article shall be completed and a certificate of compliance issued and displayed not later than December 31 of the year for which inspection is required. In no event shall such an inspection be conducted prior to January 1 of the year for which inspection is required. For purposes of these inspections, the Borough of Tamaqua shall be divided into four districts, the boundaries of which are determined by the four quadrants created by the intersection of Pennsylvania State Route 309 and Pennsylvania State Route 209 in the Borough of Tamaqua. The northeastern quadrant shall be known as District I, the northwestern quadrant shall be known as District II, the southeastern quadrant shall be known as District III, and the southwestern quadrant shall be known as District IV.
(b) 
Residential rental units subject to the inspections requirements of this article and located in District I shall be inspected during the first calendar year after the year in which this article shall become effective and every fourth year thereafter. Residential rental units subject to the inspection requirements of this article and located in District II shall be inspected during the second calendar year subsequent to the calendar year in which this article shall become effective and every fourth year thereafter. Residential rental units subject to the inspection requirements of this article and located in District III shall be inspected during the third year subsequent to the calendar year in which this article shall become effective and every fourth year thereafter. Residential rental units subject to the inspection requirements of this article and located in District IV shall be inspected during the fourth year subsequent to the calendar year in which this article shall become effective and every fourth year thereafter.
(3) 
No residential rental unit which would otherwise be subject to the inspection requirements of this article shall be required to be inspected under this chapter within the four calendar years subsequent to the year in which any certificate of occupancy required for new construction is issued.
B. 
This inspection shall be for the purpose of determining compliance with the provisions of the ordinances as in effect in the Borough of Tamaqua on the date of the inspection as required hereunder.
C. 
Failure of the owner to permit access to conduct such inspection shall be deemed a violation of this article.
D. 
For the purposes of enforcing this article, the Code Enforcement Officer or his designee may seek to obtain a search warrant issued by a competent authority for the purpose of compelling an inspection of a residential rental unit.
If the inspection of a residential rental unit discloses no code violations, the Code Enforcement Officer shall issue a certificate of compliance to the owner within 14 days of the inspection. The certificate of compliance shall be in such form as approved from time to time by the Code Enforcement Officer. The certificate of compliance shall be displayed in plain view within the residential rental unit.
If the inspection of the residential rental unit discloses code violations, the Code Enforcement Officer or his designee shall issue a certificate of noncompliance within 14 days of said inspection. The certificate of noncompliance shall set forth the following:
A. 
The street address or appropriate description of the subject property;
B. 
The date of inspection;
C. 
The identity of the inspector;
D. 
A statement of the zoning district applicable to the subject property, together with an extract of the applicable ordinance(s) showing the uses permitted within that district;
E. 
A statement of any variances and use permits granted to the subject property, together with the conditions and restrictions of such permits;
F. 
A statement as to whether there appears to be any nonconformity in the structures on the property or the uses being made thereof. This statement shall also indicate whether the property has been approved or designated as a nonconforming use;
G. 
A list of the code violations;
H. 
The number of days in which the owner is to accomplish repairs, including a provision allowing for a reasonable time extension upon the owner's showing of good-faith compliance to the satisfaction of the Code Enforcement Officer;
I. 
Notice that, if the conditions are not repaired within the time specified, the residential rental unit may be placarded as "Unfit for Human Occupancy" in accordance with the UCC Codes adopted by the Borough of Tamaqua.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
A. 
Upon the expiration of the time specified to accomplish repairs or upon notice from the owner that the repairs have been accomplished, whichever occurs first, the Code Enforcement Officer or designee shall reinspect the subject residential rental unit.
B. 
In the event that such reinspection discloses that the owner accomplished the repairs, the Code Enforcement Officer or designee shall issue a certificate of compliance to the owner in accordance with § 253-11 of this article.
C. 
In the event that such reinspection discloses that the owner failed to accomplish the repairs, the Code Enforcement Officer or designee shall issue a new certificate of noncompliance, in accordance with § 253-12 of this article. Further, the owner shall pay a reinspection fee in an amount equal to the initial application fee as set forth in § 253-14 of this article.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
Upon application for a certificate of compliance and the payment to the Borough of Tamaqua a fee as set by resolution of the Borough Council per residential rental unit, the Code Enforcement Officer or designee shall review the pertinent Borough records and inspect the subject premises in accordance with § 253-10 of this article. All inspection fees shall be paid prior to the inspection regardless of the number of units. Failure to pay inspection fees shall be deemed a failure and/or refusal to comply with the provisions contained herein and will be subject to the penalty contained in § 253-20.
The issuance of a certificate of compliance is not a representation by the Borough that the residential rental unit and/or the building in which it is located is in compliance with the Fire Prevention, Building, Mechanical, Property Maintenance, Electrical, or Plumbing Codes of the Borough. The issuance of a certificate of compliance is an indication that the residential rental unit did not have any dangerous conditions as of the date of inspection. However, neither the enactment of this article nor the issuance of a certificate of compliance shall impose any liability upon the Borough for any errors or omissions which resulted in the issuance of such certificate, nor shall the Borough of Tamaqua bear any liability not otherwise imposed by law.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
The owner of a residential rental unit aggrieved by a decision of the Code Enforcement Officer or his designee pursuant to § 253-12 or 253-13 hereof, may, within 30 days or the time fixed for repair, appeal the decision to the Uniform Construction Code Board of Appeals in accordance with the appropriate Borough Ordinances.
Nothing in this article shall preclude or prohibit the Code Enforcement Officer or his designee from identifying any violations of the Fire Prevention, Building Mechanical, Property Maintenance, Electrical, or Plumbing Codes which exist and noting the same on any inspection report.
A. 
Newspaper advertisement. The Code Enforcement Officer shall each year cause notice to be published two times in a newspaper of general circulation within the Borough. The first notice shall be published during January of each calendar year and the second notice shall be published during October of each calendar year. The notice shall set forth the district for which inspection of residential rental units occupied by other than the owner is required during the year of publication, that inspection may be required before a residential rental unit is occupied other than by the owner, that all residential rental units are required to be registered and where a copy of the ordinance may be obtained.
B. 
Deeds and agreements of sale. Every deed and agreement of sale executed and delivered on or after the effective date of this article with respect to any premises within the Borough which includes one or more residential units shall include therein a notice substantially in the form which follows:
"Residential rental units within the Borough of Tamaqua which are occupied other than by the owner thereof are subject to registration and inspection requirements of the applicable ordinances of the Borough of Tamaqua."
Appropriate Borough officials are authorized and directed to take such actions as are necessary to effectuate this article.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
A. 
Any person who violates or permits a violation of this article shall, upon being found liable therefor, pay a fine of not more than $600, plus court costs and reasonable attorneys' fees incurred by the Borough in the enforcement proceedings. If the penalty is not paid, the Borough shall initiate a civil action for collection in accordance with the Pennsylvania Rules of Civil Procedure. Each day a violation exists shall constitute a separate offense, and each section of this article that is violated shall also constitute a separate offense.
B. 
In addition to the placarding of the premises, and other civil remedies available to the Borough, the Borough may enforce this article in equity in the Court of Common Pleas of Schuylkill County.