[HISTORY: Adopted by the Borough Council of the Borough of New Eagle 10-4-2016. Amendments noted where applicable.]
This chapter shall be known as the "Borough of New Eagle Residential Rental Unit Ordinance."
It is the purpose of this chapter and the policy of the Council of the Borough of New Eagle, 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 residential rental units in the Borough of New Eagle and to encourage owners and occupants to maintain and improve the quality of rental housing within the community. The policy of this Borough is that owners, managers and occupants share responsibilities to obey the various codes adopted to protect and promote public health, safety and welfare. As a means to those ends, this chapter provides for a system of inspections, issuance and renewal of occupancy licenses and sets penalties for violations. This chapter shall be liberally construed and applied to promote its purposes and policies. In considering the adoption of this chapter, the Borough of New Eagle makes the following findings:
In recent years, many former private homes have been turned into residential rental units;
In recent years, many former private businesses have been turned into residential rental units within the Borough;
Those rental units have oftentimes been rented to individuals who, because they have no ownership interest in the property, have allowed the properties to deteriorate;
In many cases owners of properties live long distances from the Borough of New Eagle, and as a result property maintenance of many rental units in the Borough of New Eagle has been somewhat lax;
Problems have occurred because many tenants have no ownership interest in the real estate and have not been concerned about following the codes of the Borough of New Eagle, including codes which govern maintenance and safety of property; and
In turn, problems for other homeowners near the rental units have developed.
As used in this chapter, the following terms shall have the meanings indicated:
- The Borough of New Eagle, Washington County, Pennsylvania.
- Any code or ordinance adopted, enacted and/or in effect in and for the Borough of New Eagle concerning fitness for habitation or the construction, maintenance, operation, occupancy, use or appearance of any premises or residential unit. Included within, but not limited by, this definition are the following, which are in effect as of the enactment of this chapter: The Uniform Construction Code (hereinafter "UCC") the International Property Maintenance Code, International Plumbing Code, International Fire Prevention Code, International Electrical Code, Floodplain Management Ordinance, the International Building Code, and any duly enacted amendment or supplement to any of the above, and any new enactment falling within this definition.
- CODE ENFORCEMENT OFFICER
- The duly appointed code enforcement officer(s) having charge of code enforcement for the Borough of New Eagle and any other person properly appointed to enforce the codes and ordinances of the Borough of New Eagle, including, but not limited to, police officers authorized by the Borough of New Eagle.
- COMMON AREA
- Any open area within a structure shared by occupants or that the occupants have the right to share, including, but not limited to, kitchens, bathrooms, living rooms, dining rooms, attics, basements and any room used for parties, social events or the congregation of people, excepting bedrooms.
- DISRUPTIVE CONDUCT
- Any form of conduct, action, incident or behavior perpetrated, caused or permitted by any occupant or visitor of a residential rental unit that is so loud, untimely (as to hour of the day), offensive, riotous or that otherwise disturbs other persons of reasonable sensibility in their peaceful enjoyment of their premises such that a report is made to Monongahela Police and/or to the 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 Monongahela Police shall investigate and make a determination that such did occur and keep written records, including a disruptive conduct report, of such occurrence.
- DISRUPTIVE CONDUCT REPORT
- A written report of disruptive conduct on a form to be prescribed therefor, to be completed by the Code Enforcement Officer or the police officer, 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 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 the present use and enjoyment of the premises, including a mortgage holder in possession of a residential rental unit (same as "owner").
- LANDLORD-TENANT ACT
- The Landlord and Tenant Act of 1951, 68 P.S. § 250.101 et seq., as amended.
- An adult individual designated by the owner of a residential rental unit.
- An individual who resides in a residential 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 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 the present use and enjoyment of the premises, including a mortgage holder in possession of a residential rental unit.
- OWNER-OCCUPIED RENTAL UNIT
- A rental 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.
- The police department employed by the Borough of New Eagle (Monongahela Police) or any authorized member or officer thereof or any other law enforcement agency having jurisdiction within the Borough of New Eagle.
- Any parcel of real property in the Borough, including the land and all buildings and appurtenant structures or appurtenant elements, on which one or more rental units are located.
- RENTAL AGREEMENT
- A written agreement between the owner/landlord and occupant/tenant supplemented by the addendum required under this chapter, embodying the terms and conditions concerning the use and occupancy of a specified residential rental unit or premises.
- RESIDENTIAL RENTAL UNIT
- Any structure within the Borough which is occupied by someone other than the owner of the real estate, as determined by the most current deed, and for which the owner of 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 structure requiring inspection and a license.
- Any human-made object, the use of which requires an ascertainable stationary location on land, whether or not it is affixed to the land. Each apartment within a building is a separate structure.
- An individual who resides in a residential unit, whether or not he or she is the owner thereof, with whom a legal relationship with the owner/landlord is established by lease or by the laws of the Commonwealth of Pennsylvania (same as "occupant").
Every person owning, operating or managing a premises within the Borough of New Eagle which is rented, in whole or in part, to one or more persons for residential purposes shall certify to the Borough Secretary a list of all lessees and tenants over 18 years of age and their respective addresses, said list to be provided to the Borough Secretary no later than 10 days after any lessee or tenant becomes a resident of New Eagle Borough and/or assumes physical possession of the rented premises. The form shall be provided by the Borough for the purpose of such registration. The failure of any person, owner, operator or real estate agent of real property to obtain such a form shall not excuse the obligation of such persons to provide the information required herein.
Every owner shall have the following duties:
To keep and maintain all rental units in compliance with all applicable state laws and regulations and local ordinances;
To keep and maintain the owner's rental units in good and safe condition;
To regularly perform all maintenance, including grass cutting, lawn mowing, weed removal and ice and snow removal;
To make any and all repairs in and around the rental premises;
To regulate a proper and lawful use and maintenance of every premises situate in the Borough of New Eagle and which he, she or it owns;
To regulate the conduct and activities of occupants of every unit which he, she or it owns in the Borough when such conduct or activity takes place at the owner's rental unit or on the rental unit premises;
To regulate the conduct and activity of occupants, both contractually and through enforcement as more fully set forth in this chapter. 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. This section shall not be construed so as to require an owner to indemnify or defend occupants or their guests when any such action or proceeding is brought against the occupant based upon the occupant's conduct or activity. Nothing contained herein is intended to impose any additional civil/criminal liability upon owners other than that which is imposed by existing law. This chapter is not intended to, nor shall its effect be, to limit any other enforcement remedies which may be available to the Borough of New Eagle against an owner, occupant or guest thereof.
Designation of manager. Every owner of a residential rental unit in the Borough who is not a full-time resident of the Borough and/or who does not live within 15 miles of the boundaries of the Borough of New Eagle shall designate a manager who shall reside in an area that is within 15 miles of the Borough of New Eagle. If the owner is a corporation, a manager shall be required if an officer of the corporation does not reside within the above-referenced area. The officer shall perform the same function as a manager. If the owner is a partnership, a manager shall be required if a partner does not reside within the above-referenced area. Said partners shall perform the same function as a manager. The manager shall be the agent of the owner for the service of process and receiving of notices and demands, as well as for performing the obligations 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 a manager hereunder shall be provided by the owner or manager to the Borough, and such information shall be kept current and updated as it changes. Any change in the identity of the person designated as a residential rental unit manager, his or her address or telephone number shall be communicated to the Borough within 15 days of any such change.
Disclosure. Before an occupant commences his or her tenancy, the owner or manager shall disclose to the occupant/tenant, in writing, on or before the commencement of the tenancy, the name, address and telephone number of the manager and the name, address and telephone number of the owner.
Maintenance of premises.
The owner shall maintain the premises in compliance with the applicable codes of the Borough and shall regularly perform all routine maintenance, including lawn mowing, grass cutting, weed pulling and/or whacking, and ice and snow removal, and shall promptly make any and all necessary repairs to fulfill the obligation of maintenance.
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 the occupant must be in writing. Such an agreement may be entered into between the owner and occupant only if:
The agreement of the parties is entered into in good faith and not for the purpose of evading the obligations of the owner or occupant;
The agreement does not diminish or affect the obligation of the owner to other occupants in the premises; and
In no case shall the existence of any agreement between owner and occupant relieve an owner of any responsibility under this chapter or other ordinances or codes from maintenance of the premises.
Registration. Every owner of a residential unit must register the unit with the Rental Inspector in accordance with the following schedule:
For all owners of existing residential rental units, they must register the units with the Rental Inspector within 30 days after the effective date of this chapter;
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 Rental Inspector of the Borough within 30 days of the completion of the conversion of the unit or units or within 30 days of the time when any rent, including the exchange of other services for the unit or units, is obtained or within 30 days of the date which a tenant or tenants occupies the unit or units, whichever time period is sooner.
No premises may be leased to a new tenant without said premises being first inspected and approved by the Rental Inspector.
When a residential rental unit is sold, the purchaser (grantee) and/or his or her agent shall, within 72 hours of the purchase, notify the Borough by contacting either the Rental Inspector or the Borough Secretary.
The owner of a residential rental unit must update the registration information on record with the Rental Inspector within 10 days of any changes of the information set forth below.
All owners of any residential rental unit living outside the fifteen-mile limit set forth in Subsection H above must have a local manager who shall reside within 15 miles of the Borough of New Eagle and who shall be available as an emergency contact person.
Registration information shall be provided by all owners to the Rental Inspector and shall include the following:
Owner's name, address, telephone number;
Local manager's name, address and telephone number;
Property address and number of units;
Maximum occupancy per unit;
Emergency telephone number for rental unit;
Actual number of occupants; and
Names and addresses of current tenants and/or all others occupying the residential units with the tenants.
Any owner of a residential rental unit shall notify the Borough within 10 days of a new tenant occupying, renting or residing in the landlord's or the owner's residential unit.
Notwithstanding any other provisions of this chapter, the names and addresses of the tenants shall not be disclosed by any Borough personnel in the event that the tenant is the subject of a court order requiring that this information be kept confidential.
Complaints. The owner shall reply promptly to reasonable complaints and inquiries from occupants.
Landlord-Tenant Act. The owner shall comply with all provisions of the Landlord-Tenant Act.
Common areas. Where an owner of a residential rental unit 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 areas as if the owner were an occupant. The failure of the owner to regulate the behavior of occupants and guests in the common areas that results in the following shall be a violation of this chapter:
Enforcement. The following provisions shall govern enforcement:
Within 10 days after receipt of written notice from the Code Enforcement Officer that an occupant of a residential 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.
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 Borough, setting forth what action the owner has taken to remedy the violation and what steps he or she 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.
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.
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 initiate eviction proceedings against the occupants who violated this chapter in accordance with the Landlord-Tenant Act and to not permit the occupant to occupy the premises during the subsequent licensing period. All tenants who have been evicted, if asked, shall advise their new landlord that they have been evicted from a residence for violating the terms and conditions of this chapter. This duty of disclosure shall apply to all tenants who seek to rent residential rentals units within the Borough of New Eagle.
Code violations. Upon receiving notice of any code violations 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.
Borough can make repairs. In the event the owner of a premises shall neglect, fail or refuse to comply with any notice from the Borough or its Code Enforcement Officer to correct a violation relating to maintenance and repair of the premises under any code in effect in the Borough within the period of time stated in such notice, the Borough may cause the violation to be corrected and/or abated by using Borough personnel and/or individuals contracted with by the Borough to correct, cure and/or abate such violations. In such circumstance, there shall be imposed upon the owner a charge of all costs involved for each time the Borough shall cause a violation to be corrected, abated and/or cured, and the owner of the premises shall be billed after the same has 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 costs. The remedies provided by this subsection are not exclusive, and the Borough and its Code Enforcement Officer may invoke such other remedies available under this chapter or the applicable codes, ordinances or statutes, including, where appropriate, condemnations proceedings or declarations of premises as unfit for habitation, or suspension, revocation or nonrenewal of the license issued hereunder, and/or other provisions aimed at citing owners who fail to comply with this chapter.
Inspections. The owner shall permit inspections of any premises by the Code Enforcement Officer at reasonable times upon reasonable notice. Inspections may also be performed by the Code Enforcement Officer's designee. The inspections shall be completed as follows:
The Code Enforcement Officer shall inspect any unit at the direction of the Borough Council and record the inspection on a written inspection report. The inspection report shall be signed and dated by the owner of the residential rental unit or his or her manager and shall, in addition, be signed by all the tenants named on the lease at the time of the inspection. Inspections may be made by the code enforcement office any time within the said year.
The reports of inspections shall be kept on file in the code enforcement office and shall be available upon request.
Smoke alarms. All owners of residential rental units in the Borough shall be required, within five days of the passage of this chapter, to install smoke alarms, regardless of the occupant, at the following locations:
Noncompliance. In the event of noncompliance, the following provisions shall apply:
Any parcel of real estate containing a residential rental unit which has been found to be in noncompliance with this chapter shall be subject to reinspection by the Code Enforcement Officer or designated Borough official. The Code Enforcement Officer or designated Borough official shall contact the owner and/or manager to set up an inspection date and time. Such inspection date and time shall occur within 15 days of the date of the Code Enforcement Officer's or designated Borough official's request and/or sooner if agreed upon by the parties. Additionally, in circumstances where a residential rental unit has been found to be noncompliant and it has become vacant, such unit shall be subject to inspection upon request by the Code Enforcement Officer or designated Borough official within 15 days of the date that the unit has become vacant.
In the event of a violation, a residential rental unit cannot be occupied unless and until the unit is approved as meeting the criteria of this chapter, including an inspection by the Code Enforcement Officer or designated Borough official as set forth in Subsection T(1) above, and any other applicable codes of the Borough of New Eagle as determined by the Code Enforcement Officer or designated Borough official.
Notice of violation.
If after inspection of one or more of the residential rental units as set forth above the Code Enforcement Officer or designated Borough official determines that there are violations of any of the codes of the Borough, the Code Enforcement Officer or designated Borough official shall provide a notice of violation, which shall, at minimum, set forth the following:
Within 10 days after a receipt of notice from the Borough's Code Enforcement Officer or designated Borough official that there has been a violation of this chapter or any applicable ordinances, the owner shall take immediate steps to remedy the violation and take steps to assure that there will not be a reoccurrence of the violation.
Within 20 days after receipt of a notice of violation, the owner of a residential rental unit shall file with the Code Enforcement Officer or designated Borough official a report on a form provided by the Borough, setting forth what action the owner has taken to remedy the violation and what steps he or she 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.
The Code Enforcement Officer or designated Borough official 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 on his or her own initiative shall enforce the plan, and failure to do so shall be a violation of this chapter of the Borough of New Eagle.
In the event that a second violation occurs within a twelve-month period, involving the same occupant or occupants, the Code Enforcement Officer or designated Borough official may direct the owner to evict the occupant or occupants who have violated the ordinance of the Borough of New Eagle and to not permit the occupants to occupy the premises during any subsequent period.
If after a violation as set forth above a parcel of real estate containing residential rental units has no violations of applicable codes of the Borough of New Eagle for a period of two years, said property shall then be deemed to be back in compliance with the terms and conditions of this chapter and shall not then be subject to the inspections set forth in this section until there are other violations.
If a parcel of real estate is noncompliant with the terms and conditions of this chapter or other ordinances of the Borough and the parcel is sold, then the parcel of real estate shall remain noncompliant until the sooner of the following events:
All owners of any real estate containing or upon which are erected any residential rental units which are in noncompliance with this chapter and who desire to sell the parcel of real estate shall notify the purchasers, in writing, prior to the sale of the parcel of real estate, that the parcel of real estate is in noncompliance with the terms and conditions of this chapter. Further, any property owner selling a parcel of real estate upon which is erected a residential rental unit or units which are found to be in noncompliance under the terms and conditions of this chapter shall notify the Code Enforcement Officer or designated Borough official, in writing, within 30 days prior to closing on the sale of said parcel of real estate.
All owners of any parcels of real estate containing residential rental units shall permit access to the property so that the Code Enforcement Officer or designated Borough official of the Borough of New Eagle shall be able to complete all inspections necessary to determine compliance with this chapter and any other applicable ordinances of the Borough of New Eagle. Refusal to allow entry to the residential rental unit by the Code Enforcement Officer or designated Borough official for the purposes of inspection shall be considered a violation of the chapter.
For the purpose of enforcing this chapter, the Code Enforcement Officer or designated Borough official may seek to obtain a search warrant issued by a competent authority for the purpose of compelling an inspection or otherwise enforcing the terms and conditions of this chapter.
The Code Enforcement Officer or designated Borough official may reinspect any property subject to a notice of violation upon expiration of the time to accomplish repairs or upon notice from the owner that the violations have been rectified.
The owner of any property containing or upon which is erected a residential rental unit shall pay a fee as set by resolution of the Borough Council for each and every reinspection, to cover the cost of the reinspection, each time a reinspection is required under the terms of this chapter or each time a reinspection is requested by the Code Enforcement Officer or designated Borough official to determine compliance with this chapter or any other applicable ordinances of the Borough. The fee may be increased or decreased from time to time by a resolution of the Council of the Borough of New Eagle.
The following provisions shall constitute duties of any occupants of residential rental units within the Borough:
General. The occupant shall comply with all obligations imposed upon occupants by this chapter, all applicable codes and ordinances of the Borough of New Eagle and all applicable provisions of state law.
Maximum occupancy. The maximum number of persons permitted in any rental unit at any time shall not exceed one person per each 40 square feet of habitable floor space in said rental unit.
Garbage. An occupant shall deposit all rubbish, garbage and other waste from his or her rental unit into containers provided by the owner or landlord in a clean and safe manner and shall separate and place for collection all recyclable materials, if required, in compliance with all ordinances of the Borough of New Eagle and all other applicable laws and regulations.
Peaceful enjoyment. The occupant shall conduct himself or herself and require other persons, including, but not limited to, guests on the premises and within his or her 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 an adjacent or nearby dwelling by the person(s) occupying the same.
Residential use. The occupant shall, unless otherwise permitted by applicable law or ordinance, occupy or use his or her rental unit for no other purpose than as a residence.
Illegal activities. The occupant shall not engage in, nor 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 the 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.).
Disruptive conduct. The occupant shall not engage in, nor tolerate, nor permit others on the premises to engage in, disruptive conduct or other violations of this chapter. It shall be a violation of this chapter for any occupant or any other person to engage in disruptive conduct as defined by this chapter. When a police officer 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, the 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, that is requested on the presented form. Where the Monongahela Police make such investigation, said police officer shall then submit the completed disruptive conduct report to the Code Enforcement Officer. In all cases, the Code Enforcement Officer shall mail a copy of the disruptive conduct report to the owner or manager within three working days of the occurrence of the alleged disruptive conduct, whether the person making the investigation on behalf of the Borough is the Code Enforcement Officer or a police officer.
Compliance with rental agreement. 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.
Damage to premises. The occupant shall not intentionally cause nor permit or 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.
Inspection of premises. The occupant shall permit inspections by the Code Enforcement Officer of the premises at reasonable times upon reasonable notice.
Removal or defacement of notice. It shall be a violation of this chapter for any person to remove or deface any notice or document required to be posted within a residential rental unit, and it shall be unlawful for any person to occupy the rental unit unless all notices and documents are posted as required.
Tenant registration. The following provisions shall govern tenant registration within the Borough of New Eagle:
All tenants who are renting a residential rental unit or units in the Borough of New Eagle shall, within 60 days of the passage of this chapter, go to the Borough Secretary in the Borough with two forms of identification, which shall include a state-issued driver's license or photo identification card and one of the other following forms of identification:
The Borough shall not retain a record of the tenant's social security number, if any; driver's license or photo identification number; date of birth; passport number or country of issuance or similar confidential information, but shall review these documents solely to verify identity.
The Borough Secretary shall record the name of the tenant, the landlord's name, the date of registration, the address of the leased premises and the type of identifying information presented (e.g., passport and/or birth certificate) and shall have the tenant attest in writing that the information provided is true and correct, subject to the penalties provided for unsworn falsification to authorities under Title 18 of the Pennsylvania Consolidated Statutes.
If a tenant is unable to present this information in person on account of a disability or infirmity, the Borough Secretary shall provide alternative means to provide this information in order to reasonably accommodate the tenant.
Each time a tenant enters into a new lease, he or she shall register with the Borough of New Eagle within 10 days of entering into the landlord-tenant relationship and/or occupying the premises, whichever occurs first, and provide the information referenced above.
The following provisions apply to the enforcement, violations and penalties of this chapter.
This chapter shall be enforced by the Code Enforcement Officer of the Borough of New Eagle, all police officers and any other persons designated by the Council of the Borough of New Eagle.
Basis for violation. It shall be unlawful:
For any person, either owner or manager, to allow the number of occupants of residential units to exceed the natural limit as set forth in the license.
To violate any other provision of this chapter, including but not limited to this section.
For any occupant to violate any portion of this chapter.
Penalties. Any person who violates or permits a violation of this chapter shall, upon conviction in a summary proceeding under the Pennsylvania Rules of Criminal Procedure, be guilty of a summary offense and shall be punishable by a fine of not more than $1,000 plus court costs and reasonable attorneys' fees incurred by the Borough in the enforcement proceedings. Upon judgment against any person by summary conviction, or by proceedings by summons on default of the payment of the fine or penalty imposed and the costs, the defendant may be sentenced and committed to the county correctional facility for a period not exceeding 30 days. Each day that such violation exists shall constitute a separate offense, and each section of this chapter that is violated shall also constitute a separate offense. In addition to or in lieu of enforcement under this section, the Borough may enforce this chapter in equity in the Court of Common Pleas of Washington County.
Fines. All fines imposed through this chapter shall be collected as allowable by law.
Separate violation. Each day during which any owner of a residential rental unit violates any provision of this chapter shall constitute a separate offence.
Choice of remedy. This chapter and the forgoing penalties shall not be construed to limit or deny the right of the Borough of New Eagle or its agents or representatives to such equitable other remedies as may otherwise be available with or without process of law.
Attorneys' fees. In addition to the fines set forth herein, the Borough of New Eagle shall be entitled to reasonable attorneys' fees incurred in enforcing this chapter. Said fees shall be added to any penalties set forth above.
Owner's duties. The owner of all residential rental units in the Borough of New Eagle shall have the responsibility of making sure that all occupants within their rental units comply with and abide by this chapter.
The following miscellaneous provisions shall govern this chapter:
Notices. For the purposes of this chapter, any notice required hereunder to be given to a manager shall be deemed as notice given to the owner. There shall be 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 by this chapter. The plain 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.
Changes in ownership occupancy. It shall be the duty of each owner of a residential rental unit to notify the Rental Inspector, in writing, of any change in ownership of the premises or of the number of residential premises or of the number of residential rental units on the premises. It shall also be the duty of the owner to notify the Rental Inspector in writing of any increase in the number of occupants in any rental unit or of the changing of a rental unit from owner-occupied to non-owner-occupied, which thereby transforms the dwelling into a residential rental unit for the purposes of this chapter.
Owners severally responsible. If any 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 for violations of this chapter.
Confidentiality. All registration and contact information shall be maintained in a confidential manner by the Rental Inspector and shall only be utilized for the purpose of enforcement of this chapter by the Rental Inspector and by the Borough Secretary and/or for other lawful Borough purposes.