[HISTORY: Adopted by the Borough Council of the Borough of Mount Wolf as indicated in article histories. Amendments noted where applicable.]
[Adopted 3-12-1996 by Ord. No. 1996-05]
Every landlord shall notify the Tax Collector within 30 days of the name of every new tenant and every tenant who has moved from the landlord's premises. If two or more tenants have moved in or out, the names of each tenant 18 years of age or older must be reported. A landlord who fails to comply with the requirements of this section commits a civil offense punishable as set forth in Chapter 1, Article I, General Penalty, § 1-2 of this Code.
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
[Adopted 9-8-2020 by Ord. No. 2020-05]
This article shall be known and may be cited as the "Rental Properties Maintenance and Housing Occupancy Ordinance of the Borough of Mount Wolf."
A. 
Definitions. As used in this article, the following terms shall have the meanings indicated:
ACCESSORY STRUCTURE
A structure, the use of which is incidental to that of the principal building and which is attached thereto or located on the same premises. This definition shall include fences, sheds, pools, etc.
APPROPRIATE AUTHORITY
That person within the governmental structure of the corporate unit charged with the administration of the appropriate ordinance.
APPROVED
Approved by the local or state authority having such administrative authority.
ASHES
The residue from the burning of combustible material.
BOROUGH
The Borough of Mount Wolf.
BUILDING APPEALS BOARD
A committee of three members of the Mount Wolf Borough Council, which is appointed annually by the Council President to preside over appeals of the decisions of the Code Enforcement Officer.
CHIMNEY
A vertical masonry shaft of reinforced concrete or other approved noncombustible, heat-resisting material enclosing one or more flues for the purpose of removing products of combustion from solid, liquid or gas fuel.
CODE ENFORCEMENT OFFICER
The individual, entity or any assistants thereof authorized by the Mount Wolf Borough Council to inspect properties and perform any other duties set forth in this article.
DISRUPTIVE CONDUCT
Any act by an occupant of a rental property or by a person present at a rental property involving public drunkenness, consumption of an alcoholic beverage in public, public urination or defecation, the unlawful deposit of trash or litter on public or private property, damage to or destruction of public or private property, the obstruction of public roads, streets, highways or sidewalks, interference with emergency or police services, use of profane or obscene language or gestures, indecent exposure, fighting or quarreling, or other act defined as "disorderly conduct" in the Pennsylvania Crimes Code[1] or which otherwise injures or endangers the health, safety or welfare of the resident of the Borough residing in the neighborhood or vicinity of the gathering. It is not necessary that such conduct, action, incident or behavior constitute criminal offense or that criminal charges be filed against any person in order for said 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 a Code Enforcement Officer or a police officer shall investigate and make a determination that such did occur, and keep written records, including a disruptive conduct report, of such occurrences. The occupant and the owner and, if applicable, the operator shall be notified of any such occurrences in writing.
DWELLING
Any enclosed space which is wholly or partly used or to be used for living or sleeping by human occupants.
DWELLING UNIT
Any room or group of rooms located within a dwelling and forming a single habitable unit with facilities which are used or intended to be used for living, sleeping, cooking and eating by human occupants.
EXTERMINATION
The control and elimination of insects, rodents or other pests by eliminating their harborage places; removing or making inaccessible materials that may serve as their food; by poisoning, spraying, fumigating or trapping; or by any other recognized and legal pest elimination methods approved by the local or state authority having such administrative authority.
FLUSH WATER CLOSET
A toilet bowl flushed with water under pressure with a water sealed trap above floor level. Such toilet bowls shall have a smooth, easily cleanable surface.
GARBAGE
Animal and vegetable wastes resulting from handling, preparation, cooking and consumption of food.
GUEST
Any person who shares a dwelling unit in a nonpermanent status for no more than 30 consecutive days.
HABITABLE ROOM
A room or enclosed floor space used or intended to be used for living, sleeping, cooking or eating purposes, excluding laundries, furnace rooms, pantries and utility rooms of less than 50 square feet, foyers or communicating corridors, stairways, storage spaces and workshops, hobby and recreation areas in unsealed or uninsulated parts of structure below ground level or in attics.
INFESTATION
The presence within or around a dwelling of any insects, rodents or other pests.
KITCHEN
Any habitable room containing any or all of the following equipment, or the area of a room within three feet of such equipment: sink and/or other devices for dishwashing, stove or other devices for cooking, refrigerator or other devices for cool storage of food, cabinets and/or shelves for storage of nonperishable food, equipment and utensils and counter area for food preparation.
LICENSE
The document issued by the Borough of Mount Wolf demonstrating permission to operate a rental property in the Borough.
MULTIPLE DWELLING
Any dwelling containing three or more dwelling units or rooming units, or three or more of any combination of dwelling and rooming units.
OCCUPANT
Any person living, sleeping, cooking or eating in or actually having possession of a dwelling unit or a rooming unit, except that in dwelling units, a guest will not be considered an occupant.
OPERATOR
Any person who has charge, care, control or management of a building or part thereof in which dwelling units or rooming units are let.
OWNER
Any person, agent, operator, firm or corporation having a legal or equitable interest in the property, that is recorded in the official records of the state, county or municipality as holding title to or an interest in 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 the estate of such person if ordered to take possession of real property by a court.
PERSON
Any individual, corporation, partnership or any other group acting as a unit.
PLUMBING
All of the following supplies, facilities and equipment: gas pipes, gas-burning equipment, water pipes, garbage disposal units, incinerators, waste pipes, water closets, sinks, dishwashers, lavatories, bathtubs, shower baths, shower stalls, clothes-washing machines, catch basins, drains, vents and any other similar supplies and fixtures, together with all connections to water, sewer or gas lines and water pipes and lines, including those utilized in conjunction with air-conditioning equipment.
PREMISES
A lot, plot or parcel of land, easement or public way, including any structures thereon.
PROPERTY MAINTENANCE CODE
The ICC International Property Maintenance Code, 2012 Edition, as adopted, amended and revised from time to time by the Borough.[2] All subsequent editions of the Property Maintenance Code adopted by the Borough or in effect pursuant to applicable law shall be included hereunder.
REFUSE
All putrescible and nonputrescible solids (except body wastes), including garbage, rubbish, ashes and dead animals.
RENTAL PROPERTY
Any occupied or unoccupied dwelling, dwelling unit, rooming house or rooming unit meant to be occupied by a tenant or tenants.
RENTAL PROPERTY AGENT
A person designated by the owner of a rental property to be responsible for said rental property as more fully set forth herein.
RESIDENT
An individual who is domiciled in the Borough of Mount Wolf, or, in the case of a nonindividual, any entity with its principal place of business and mailing address in the Borough of Mount Wolf.
ROOMING HOUSE
A building containing a single owner-occupied dwelling unit and guest rooms, where lodging is provided with or without meals for compensation. Businesses commonly referred to as "bed-and-breakfast inns" are included in this definition.
ROOMING UNIT
Any room or group of rooms forming a single habitable unit used or intended to be used for living and sleeping, but not for cooking purposes.
RUBBISH
Combustible and noncombustible waste materials, except garbage; the term shall include the residue from the burning of wood, coal, coke and other combustible materials, paper, rags, cartons, boxes, wood, excelsior, rubber, leather, tree branches, yard trimmings, tin cans, metals, mineral matter, glass, crockery and dust and other similar materials.
SAFETY
The condition of being free from danger and hazard which may cause accidents or disease.
SPACE HEATER
A self-contained heating appliance of either the circulating type or the radiant type and intended only as a supplement to the primary heat source.
SUPPLIED
Paid for, furnished by, provided by or under control of the owner or operator.
TENANT
Any person other than the legal owner of record who occupies, resides, or is entitled to occupy or reside in any dwelling or dwelling unit with the permission, express or implied, of the owner or operator of such dwelling or dwelling unit, regardless of whether there is any written or verbal lease therefor or no lease, and regardless of whether such person pays rent or other compensation or consideration to the owner or operator of such dwelling or dwelling unit for the occupancy or right to occupy or reside in such dwelling or dwelling unit.
ZONING ORDINANCE
The Mount Wolf Borough Zoning Ordinance, as amended.[3]
[1]
Editor's Note: See 18 Pa.C.S.A. § 101 et seq.
[2]
Editor's Note: See Ch. 290, Property Maintenance.
[3]
Editor's Note: See Ch. 450, Zoning.
B. 
Word usage.
(1) 
Words used herein but not specifically defined shall have the same meanings as defined in the Property Maintenance Code.[4] Any words not defined herein or in the Property Maintenance Code shall carry the common meaning as defined in the dictionary.
[4]
Editor's Note: See Ch. 290, Property Maintenance.
(2) 
In this article, words used in the singular include the plural, and the plural includes the singular; the masculine gender includes the feminine and the feminine the masculine.
(3) 
Meaning of certain words. Whenever the words "dwelling," "dwelling unit," "rooming house," "rooming unit," "premises," and "structure" are used in this article, they shall be construed as though they were followed by the words "or any part thereof."
A. 
No owner or other person shall occupy or let to another person any rental property unless it and the premises are clean, sanitary, fit for human occupancy and comply with all applicable legal requirements of the Commonwealth of Pennsylvania and the Borough.
B. 
Every owner of a rental property containing two or more dwelling units shall maintain in a clean and sanitary condition the shared or public areas of the dwelling and premises thereof.
C. 
Every occupant of a rental property shall maintain in a clean and sanitary condition that part or those parts of the dwelling, dwelling unit and premises thereof that he occupies and controls.
D. 
Every occupant of a rental property shall store and dispose of all rubbish in a clean, sanitary and safe manner.
E. 
Every occupant of a rental property shall store and dispose of all his garbage and any other organic waste which might provide food for insects and/or rodents in a clean, sanitary and safe manner, and if a container is used for storage pending collection, it shall be rodentproof, insectproof and watertight.
F. 
Every owner of a rental property shall supply licensed trash and recycling containers with an attached lid for the sanitary and safe storage and/or disposal of rubbish and garbage.
G. 
Every owner of a rental property shall be responsible for the extermination of insects and rodents on the premises whenever such dwelling unit is the only one infested.
H. 
Every owner of a rental property shall keep all plumbing fixtures therein in operable condition.
I. 
From October 30 until April 30 in every rental property when the control of supplied heat is the responsibility of a person other than the occupant, a temperature of at least 60° F. shall be maintained in all habitable rooms, bathrooms and water closet compartments.
J. 
Every owner of a rental property who resides more than 20 miles from the Borough municipal limits shall designate, in writing, to the Borough a rental property agent. The rental property agent shall have the authority to act on behalf of the owner and shall accept service for all notices to be provided hereunder. The use of the terms "owner" and "rental property agent" herein shall be interchangeable. The rental property agent shall be liable for any violation of this article and shall be subject to prosecution hereunder as if he were the owner; provided, however, that owner shall be and remain liable for violations of this article whether or not a rental property agent has been appointed and designated. A tenant may not be a rental property agent.
K. 
Every owner of a rental property shall conspicuously display within the rental property the current license.
L. 
No more than three unrelated occupants shall reside in a dwelling unit. Related occupants shall include those related by blood, marriage, adoption or a legal foster relationship. Unrelated occupants shall be on a single lease and shall live together as a single household unit.
M. 
Every owner shall provide the following parking for each dwelling unit: There shall be 1.5 off-street parking spaces for each dwelling unit. The total spaces are to be rounded up. For example: one unit = 1.5 spaces rounded to two; two units = three spaces; three units = 4.5 spaces rounded to five; four units = six spaces. The size of each parking space shall be nine feet by 18 feet. Properties that do not have adequate parking would need to request a waiver from Borough Council. The waiver would be handled on a case-by-case basis.
N. 
If a rental property contains a detached garage, it may not be rented out separately from the dwelling unit and must be utilized to provide for off-street parking for the tenants. In the event the tenants do not own a vehicle, a detached garage may only be used for tenants' personal storage.
No person shall occupy as owner or occupant or let to another for occupancy any rental property, for the purpose of living, which does not comply with the minimum standards set forth in the Property Maintenance Code.[1] Such minimum standards shall include but not be limited to handrails and guardrails, light and ventilation, thermal and sanitary maintenance of structural elements.
[1]
Editor's Note: See Ch. 290, Property Maintenance.
No person shall occupy or let to be occupied any rental property for the purpose of living therein unless there is compliance with the space, use and location requirements set forth in the Borough's Zoning Ordinance.[1]
[1]
Editor's Note: See Ch. 450, Zoning.
No person shall operate a rooming house or shall occupy or let to another for occupancy any rooming unit in any rooming house which is not in compliance with the provisions of this article. No owner or other person shall occupy or let to another person any rooming unit unless it is clean and sanitary and complies with all applicable requirements of the Borough, including the following:
A. 
No person shall operate a rooming house unless he holds a valid occupancy permit issued by the appropriate authority in the name of the operator and for the specific dwelling or dwelling unit. The operator shall apply to the appropriate authority upon compliance by the operator with the applicable provisions of this article and of any rules and regulations adopted pursuant thereto. The permit shall not be transferable.
B. 
At least one flush water closet, lavatory basin and bathtub or shower, properly connected to a water and sewer system approved by the Code Enforcement Officer and in good working condition, shall be supplied for each six persons or fraction thereof residing within a rooming house, including members of the operator's family wherever they share the use of said facilities.
A. 
Every dwelling unit shall have smoke detectors as required by the Property Maintenance Code.[1]
[1]
Editor's Note: See Ch. 290, Property Maintenance.
B. 
Every dwelling unit with the exception of those heated primarily with electric heat shall consist of at minimum one functioning carbon monoxide detector. The owner shall provide a carbon monoxide detector that is either separate from the required smoke alarm(s) or is part of a combined unit. All carbon monoxide detectors shall be tested in accordance with the manufacturer's instructions. The occupant shall have the duty and responsibility to notify the owner of any defect(s). The owner shall have the duty and responsibility of remedying any defect after receiving notice of the defect. All carbon monoxide detectors shall be kept in proper working condition at all times and shall be replaced after being in service for a period of 10 years or becoming defective/inoperable, whichever comes first.
C. 
Every dwelling unit shall consist of at minimum one functioning fire extinguisher. Any dwelling unit shall have a portable fire extinguisher with a minimum rating of 2-A:10-B:C. The owner shall provide portable fire extinguishers and shall mount, locate and identify them so that they are readily accessible to occupants without subjecting the occupants to possible injury. The owner shall assure that portable fire extinguishers are maintained in a fully charged and operable condition and kept in their designated places at all times except during use. Fire extinguishers shall be clearly located where they will be readily accessible and immediately available in the event of fire.
A. 
The Code Enforcement Officer is hereby authorized and directed to inspect and license all rental property subject to the provisions of this article.
B. 
The Code Enforcement Officer shall inspect each rental property in the Borough to determine compliance with this article once every two years pursuant to a reasonable schedule to be established by such Officer, or in response to a complaint that an alleged violation of the provisions of this article or of applicable rules or regulations pursuant thereto has been committed, or when the Code Enforcement Officer has valid reason to believe that a violation of this article or any rules and regulations pursuant thereto has been committed, or upon the transfer of ownership of the entire property.
C. 
The Code Enforcement Officer is authorized and directed to make inspections at any reasonable hour to determine compliance with this article. For this purpose, the Code Enforcement Officer is authorized to enter and examine any rental property yard or part, or either, and every owner, operator, occupant or agent shall give the Code Enforcement Officer free access to it. Inspection may be postponed and/or rescheduled due to illness or other emergency or unforeseen circumstance.
D. 
The Code Enforcement Officer is hereby authorized to inspect the premises surrounding any rental property subject to this article for the purpose of determining whether there is compliance with its provisions. It shall be the responsibility of the owner to ensure the occupant complies with the provisions of this article.
E. 
The Code Enforcement Officer and the owner or occupant or other person in charge of a rental property subject to this article may agree to an inspection by appointment at a time other than the hours provided by this article. The owner or rental property agent must be present at all times during the inspection.
F. 
The owner or rental property agent in charge of a rental property, upon presentation by the Code Enforcement Officer of proper identification, shall give the Code Enforcement Officer entry and free access to every part of the rental property or to the surrounding premises.
G. 
If any owner or rental property agent refuses, impedes, inhibits, interferes with, restricts or obstructs entry and free access to every part of the structure or premises where inspection authorized by this article is sought, it is considered a violation of this article and after receiving proper notice of such violation, may be grounds for possible revocation of the rental license and/or posting of an order to vacate. Further, the Code Enforcement Officer and the Borough are authorized to seek, in a court of competent jurisdiction, an order that such owner or occupant or other person in charge cease and desist with such interference. Such person may also be liable for such fines and criminal penalties as set forth in other sections of this article.
H. 
The Code Enforcement Officer and the Borough shall have the authority to institute any action permitted by law to enforce the provisions of this article.
I. 
Any inspection scheduled pursuant to any provision of this article may be canceled one time by contacting the Borough Office during normal business hours at least 48 hours in advance of the scheduled inspection. Failure to comply with these procedures for canceling, or canceling the inspection more than one time, will result in the imposition of a cancellation fee as established by the Mount Wolf Borough Council from time to time by resolution.
Every person owning a rental property shall register the property with the Borough Office within five days of the purchase. The application for registration shall include the owner's name, physical address (not a PO box), phone number and email address. If the legal owner of record is a corporation or other entity, the name and contact information of the responsible owner or member shall be provided.
Whenever, upon inspection of the rental property or of the records required to be kept by this article, the Code Enforcement Officer finds that conditions or practices exist which are in violation of the provisions of this article or of any applicable rules and regulations pursuant thereto, the Code Enforcement Officer or the Borough shall serve the owner or other person in charge with notice of such violation in a manner hereinafter provided. Such notice shall state that unless the violations cited are corrected within the time provided, the owner shall be subject to penalties provided by this article.
A. 
Every person proposing to operate a rental property approved by the Borough for such purpose shall be required to obtain a license for said rental property prior to any tenant occupying said rental property. All rental properties legally in existence on the effective date of this article shall have 180 days to obtain a license for said rental property. Thereafter, the continued operation of a rental property without a license shall be considered a violation of this article.
B. 
The issuance of a license shall not be considered a representation or warranty that the rental property is in compliance with all Borough codes, ordinances, rules and regulations.
C. 
Said license shall be valid for one year after issue date, provided that all conditions within this article are met.
The Mount Wolf Borough Council may adopt such rules and regulations, and revisions and amendments thereto, as are deemed appropriate for giving effect to the purpose of this article.
A. 
Whenever the Code Enforcement Officer determines that a rental property or the surrounding premises fails to meet the requirements set forth in this article or in applicable rules and regulations issued pursuant hereto, the Code Enforcement Officer or other Borough designee shall issue a notice setting forth the alleged failures and advising the owner of record that such failures must be corrected. This notice shall:
(1) 
Be in writing.
(2) 
Set forth the alleged violations of this article or of applicable rules and regulations issued pursuant thereto.
(3) 
Describe the rental property or dwelling, dwelling unit, rooming unit or premises where the violation is alleged to exist or to have been committed.
(4) 
Provide a reasonable time for the correction of any violation alleged. The time for compliance shall take into consideration the seriousness of the violation and the climatic conditions. The Code Enforcement Officer or other Borough designee may, in his or her sole and absolute discretion, give one additional extension of time, provided that the owner is exercising due diligence and the inability to make the correction is through no fault of the owner.
(5) 
Be served upon the owner of the rental property or dwelling, dwelling unit, rooming unit or premises personally, or by mail, addressed to the last-known place of residence of the owner. If one or more persons to whom such notice is addressed cannot be found after diligent effort to do so, service may be made upon such persons by posting a notice in or about the dwelling, dwelling unit, rooming unit or premises described in the notice or by causing such notice to be published in a newspaper of general circulation.
(6) 
Be served upon the rental property agent for the receipt of such service of notice designated pursuant to this article.
B. 
The owner of every rental property must file with the Borough Office, within 30 days of a new tenant's occupancy of the rental property, and each year between January 1 and January 31 a property registration. All owners or rental property agents must comply with the registration requirements and provide the name(s) of occupant(s), roomers or person(s) living within a rental property, and provide the names and address of owner and/or rental property agent along with other needed information.
C. 
At the end of the period of time allowed for the correction of any violation alleged, the Code Enforcement Officer shall reinspect the rental property described in the notice. Failure to have all violations corrected shall result in the revocation of any license, the posting of the rental property with an order to vacate, and/or the determination that the owner is operating a rental property without a license and in violation of this article.
All fees and charges for licensing and inspection due and unpaid under this article shall be recovered by the Borough as other debts due the Borough are now by law recovered, and shall constitute a municipal claim.
Any owner of a rental property who has received notice of a violation of this article and fails to take the necessary corrective action shall, upon conviction thereof, be sentenced to pay a fine in accordance with the schedule below, together with the costs of prosecution, including reasonable attorneys' fees, and, in default thereof, be sentenced to imprisonment in the York County Prison for a period of not more than 30 days. Each day of continued violation shall constitute a separate offense.
A. 
First offense: $100.
B. 
Second offense: $200.
C. 
Third offense: $500.
D. 
Each offense thereafter: $500.
Any person aggrieved by a determination that a rental property violates the Property Maintenance Code as applied hereunder may, within 20 days after the day the decision, notice or order was served, appeal the determination to the Building Appeals Board, as defined and provided for in this article and Section 111 of the Property Maintenance Code.[1]
[1]
Editor's Note: See also Ch. 290, Property Maintenance.
A. 
An annual license fee and a biennial inspection fee shall be imposed. An additional inspection fee for any subsequent inspection for the same rental property, as a follow-up or other continuation of the initial inspection, shall be imposed. The inspection and licensing fees shall be established by the Mount Wolf Borough Council from time to time by resolution.
B. 
A cancellation fee is hereby imposed in and for the following occurrences: canceling any inspection more than one time where such inspection has been scheduled in accordance with this article, and canceling any scheduled inspection without following the procedures set forth in this article. Cancellation fees shall be established by the Mount Wolf Borough Council from time to time by resolution.
A. 
Unless an inspection has been completed in the last six months, prior to renting to a new tenant, the owner shall contact the Code Enforcement Officer and make satisfactory arrangements to have an inspection when the rental property or applicable dwelling unit or housing unit is vacant and prior to the occupancy of the rental property by the new tenant. Failure by the owner to do so shall constitute a violation of this article. Each and every day that a violation continues shall constitute a separate violation of this article, subject to the fines and penalties set forth in this article.
B. 
Nothing in this article shall be construed to prevent the Code Enforcement Officer from inspecting any rental property at any time upon complaint and by invitation by the tenant or tenant's authorized agent.
In any case where a provision of this article is found to be in conflict with a provision of any zoning, building, fire safety or health ordinance or code of the Borough existing on the effective date of this article, the provision which establishes a higher standard for the promotion and protection of the health and safety of the people shall prevail. In any case where a provision of this article is found to be in conflict with a provision of any other ordinance or code of the Borough existing on the effective date of this article which establishes a lower standard for the promotion and protection of the health and safety of the people, the provisions of this article shall prevail, and such other ordinances or codes are hereby declared and repealed to the extent that they may be found in conflict with this article.
A. 
Police officers, the Code Enforcement Officer or other authorized Borough Official shall investigate alleged incidents of disruptive conduct. The police officer, Code Enforcement Officer or other authorized Borough official conducting the investigation shall complete a disruptive conduct report upon a finding that the reported incident constitutes disruptive conduct. The information filed in the disruptive conduct report shall include, if possible, the identity of the alleged perpetrator(s) of the disruptive conduct and the factual basis for the disruptive conduct described in the disruptive conduct report. A copy of the disruptive conduct report shall be given or mailed to the occupant and mailed to the owner and, if applicable, the operator within 30 days of the occurrence of the alleged disruptive conduct.
B. 
The occupant or the owner and, if applicable, the operator shall have 15 days from the date of the receipt of the Disruptive conduct report to appeal the disruptive conduct report. The appeal shall be made in writing and submitted to the Borough of Mount Wolf.
C. 
After three disruptive conduct incidents in any twelve-month period by an occupant documented by disruptive conduct reports, the owner and, if applicable, the operator shall have 30 days from the receipt of the third disruptive conduct report, or 15 days from the date of the appeal decision affirming the violation, whichever is earlier, to begin eviction proceedings against the occupant(s). Failure to take such action will result in the immediate revocation of the residential rental license. The residential rental units involved shall not have its residential rental license reinstated until the reinstatement fee is paid and the disruptive occupants have been evicted, the District Justice has ruled in the occupant's favor, the District Justice has ruled in the owner's favor but has not ordered the eviction of the occupant(s), or the occupant(s) have filed an appeal to a higher court or declared bankruptcy, thereby preventing their eviction. The disruptive occupant(s), upon eviction, shall not reoccupy any resident rental units on the same premises involved for a period of at least one year from the date of eviction. This subsection is not intended to limit or inhibit the owner and, if applicable, the manager's right to initiate eviction actions prior to the issuance of the third disruptive conduct report in a twelve-month period.
D. 
The disruptive conduct report shall count against all occupants of the residential rental unit. More than one disruptive conduct report filed against the occupants of a residential rental unit in a twenty-four-hour period shall count as a single disruptive conduct report for the purpose of this section. The Code Enforcement Officer or other authorized Borough official shall maintain a list of names of all occupants evicted as a result of this section. The names shall remain on the list for a period of three years.