[HISTORY: Adopted by the Borough Council of the Borough of
Souderton as indicated in article histories. Amendments noted where
applicable.]
[Adopted 10-4-2004 by Ord. No. 647 (Ch. 73, Art. I, of the 1972 Code)]
The purpose of this article is to provide for the equitable
distribution of the tax levies in the Borough of Souderton among its
residents; to protect and promote the health, safety and welfare of
the residents of the Borough and particularly the occupants of rental
units and commercial units; and to encourage the owners of residential
rental units and commercial units to maintain said units in a safe
and sanitary condition.
As used in this article, the following terms shall have the
meanings indicated unless a different meaning clearly appears from
the context:
The owner, manager or principal supervisor of any business
or profession occupying a commercial unit in the Borough of Souderton.
Any ordinance, code, law or regulation in effect for the Borough of Souderton concerning fitness for habitation or the construction, maintenance, occupancy, use or appearance of any building, dwelling unit, commercial unit or structure, including but not limited to the Zoning Ordinance; International Building, Plumbing, Electrical, Fire Prevention and Property Maintenance Codes, as promulgated by the International Code Council; Chapter 535, Solid Waste, and Chapter 415, Nuisances, of the Code of the Borough of Souderton.
A professional or business office, retail store or establishment,
financial institution, school, restaurant, bakery, club, recreational
facility, personal service shop, medical or dental office or facility,
manufacturing enterprise or any similar use, whether owned or leased.
Such units shall not be subject to the annual registration requirements
of this article, but shall be subject to periodic inspections by the
Code Enforcement Officer as set forth in this article.
The owner of any residential rental unit or commercial unit
rented or offered for rent within the Borough of Souderton.
Any person actually residing in or occupying a residential
rental unit or a commercial unit.
An apartment, dwelling house, room or group of rooms rented
or offered for rent for residential purposes. The term shall not include
an in-law suite as defined and permitted under § 1408 B(5)
of the Souderton Borough Zoning Ordinance No. 405, as amended; nor
shall the term include a hotel as defined in § 200 of the
Souderton Borough Zoning Ordinance No. 405, as amended.
Any person who has the right of occupancy, either singly
or with others, of a residential or commercial unit owned by a landlord,
for a period of time exceeding 30 days.
A.
It shall be the duty of every landlord owning one or more residential
rental units in the Borough of Souderton to annually register all
such units with the Borough of Souderton on a registration form supplied
by the Borough. Said registration form shall be filed with the Borough
Manager during the month of January of each year and shall include
the following information concerning each residential rental unit
owned by such landlord:
(1)
The address of each residential rental unit and unit designation
or apartment number.
(2)
Description of such residential rental unit, including the number
of rooms.
(3)
The name of each person occupying the residential rental unit.
(4)
Any physical change or structural alteration of the residential rental
unit occurring during the preceding calendar year.
Upon receipt of the aforesaid registration form and fee, the
Borough Manager shall issue a permit for each residential rental unit
so registered. It shall be the duty of each landlord to conspicuously
post such permit at the residential rental unit.
It shall be the duty of every landlord owning one or more residential
rental units in the Borough of Souderton to file with the Borough
Manager a report of any change in the use or occupancy of any residential
rental unit. The reported changes shall include the name of every
new tenant in such residential rental unit, the forwarding address
of the former tenant, if known, and the effective date of such change.
All reports required by this section shall be made within 10 days
after a landlord has knowledge that a residential rental unit has
had a change in use or occupancy or has become vacant.
The Code Enforcement Officer of the Borough of Souderton is
authorized and directed to make periodic inspections of each residential
rental unit and each commercial unit in the Borough of Souderton at
least once every three years in order to safeguard the health and
safety of the occupants, employees, customers and clients thereof
and in order to determine and enforce compliance with the codes, laws
and regulation applicable to such units and the structures containing
such units. The Code Enforcement Officer is further authorized to
enter for the purpose of such inspection all residential rental units
and commercial units and the structure containing such units at reasonable
times and upon reasonable notice. It shall be the duty of every landlord,
business owner and tenant to provide access to such units upon request
by the Code Enforcement Officer.
The Code Enforcement Officer shall issue a written report of
each inspection and shall supply a copy thereof to the landlord, the
tenant(s) occupying the unit and/or the business owner. The report
shall detail the items inspected and shall note all deficiencies and
violations observed during such inspection. The report shall state
the corrective action or repairs required to be taken by the landlord,
tenant or business owner of such unit and the date by which the corrective
action or repairs are required to be completed. The Code Enforcement
Officer is authorized and directed to schedule follow-up inspection(s)
of the residential rental unit or commercial unit to determine compliance
with the inspection report.
The Code Enforcement Officer shall charge every landlord owning
a residential rental unit within the Borough of Souderton an inspection
fee as set by resolution of the Borough Council for each residential
rental unit and an inspection fee as set by resolution of the Borough
Council for each commercial unit inspection conducted by the Code
Enforcement Officer in order to defray the cost of conducting the
inspection. Follow-up inspections shall require the payment as set
by resolution of the Borough Council for each inspection for compliance.
Any landlord or other person who shall fail to file the registration
forms or reports required to be filed by this article or who shall
otherwise fail to comply with the requirements of this article, including
providing access as requested by the Code Enforcement Officer, shall
be guilty of a violation of this article and shall, upon conviction
thereof, be sentenced to pay a fine of not more than $1,000 and/or
to imprisonment for a term of not more than 30 days for each such
violation.
In addition to the foregoing penalties for violations of this
article, landlords tenants, and/or occupants of residential rental
units and business owners shall be subject to the fines and penalties
and other remedies provided in other applicable codes and ordinances
if such landlord, tenant or business owner shall fail to correct or
repair any violation of such code or ordinance cited during an inspection
of a residential rental unit or commercial unit as directed by the
Code Enforcement Officer.
