[Ord. 15-2006, 07 § 1, passed 11-27-2006]
(a)
Purposes. This article is intended to serve the following purposes:
(1)
To assist the City of Lebanon (the "City") in protecting and
promoting the public health, safety and welfare of its citizens.
(2)
To establish rights and obligations of owners and occupants
relating to the rental of certain residential units in the City of
Lebanon and to seek that owners and occupants properly maintain rental
housing within the City.
(3)
To ensure that owners, managers and occupants share responsibilities
to comply with codes, to prevent over-crowding, and to avoid nuisances
for neighboring residents.
(4)
To provide for a system of inspections; issuance and renewal
of licenses; and establish penalties for violations.
(b)
Findings. In considering the adoption of this article, the City of
Lebanon makes the following findings.
(1)
This article is enacted under the authority of the Third Class
City Code of Pennsylvania.
(2)
There is a greater incidence and greater severity of violations
of various codes of the City at rental residential properties than
at owner-occupied residential properties.
(3)
There is a greater incidence of problems with the maintenance
and upkeep of rental residential properties than at owner-occupied
residential properties.
(4)
There is a greater incidence of disturbances which adversely
affect the peace and quiet of the neighborhood at rental residential
properties than at owner-occupied residential properties.
(5)
A systematic inspection process can avoid life-threatening problems,
such as a lack of functioning smoke detectors.
[Ord. 15-2006, 07 § 1, passed 11-27-2006]
(a)
BUSINESS DAYS
CITY
CODE
CODE ENFORCEMENT OFFICER
COMMON AREA
DISRUPTIVE CONDUCT
A.
B.
C.
D.
E.
DISRUPTIVE CONDUCT REPORT
DWELLING
DWELLING UNIT
GUEST
LANDLORD
MANAGER
MULTI-UNIT BUILDING
OCCUPANT
OWNER
OWNER-OCCUPIED DWELLING UNIT
PERSON
POLICE
PREMISES
REGULATED RENTAL UNIT
RENTAL AGREEMENT
RESIDENTIAL RENTAL LICENSE
ROOMING HOUSE UNIT
TENANT
UNRELATED PERSONS
As used in this article, the following terms shall have the following
meanings. If a term is not defined in this article, but is defined
in the City Existing Building Code or Construction Code, then that
definition shall apply to this article. If a term is not defined in
any of those codes, but is defined in the City Planning and Zoning
Code, then the definition in such Code shall apply to this article.
Days in which the offices of the City of Lebanon are open
for public business.
The City of Lebanon, Lebanon County, Pennsylvania.
Any Code or ordinance adopted, enacted, and/or in effect
in and for the City of Lebanon concerning fitness for habitation or
the construction, maintenance, operation, occupancy, use, vermin or
rodent control, or public health matters of any premises or dwelling
unit. This shall include, but not be limited to, the City Existing
Building Code, the Electrical Code, the Construction Codes, the Property
Maintenance Code, solid waste ordinances, public health ordinances,
and noise control ordinances.
The duly appointed Code Enforcement Officer(s) having the
duty to enforce this article, the City Existing Building Code and
similar codes of the City of Lebanon, and any assistants or deputies
thereof.
In multi-unit buildings, space which is not part of an individual
regulated rental unit and which is shared among occupants of the dwellings.
Common areas shall be considered as part of the premises for purposes
of this article.
A form of conduct, action, incident or behavior perpetrated,
caused or permitted by an occupant or guest of a regulated rental
unit that is:
In a violation of Ordinances of the City of Lebanon and that
is so loud, untimely as to time of the day, offensive and/or nuisance-causing
that it unreasonably interferes with the peaceful enjoyment by other
persons of their premises or causes damage to property that is owned
by others.
Involves music or noise that is disruptive to persons occupying
a different dwelling unit.
Involves music that is audible from a street, sidewalk or dwelling
from a minimum distance of 50 feet away from the premises where he
sound is originating.
Is the subject of a criminal citation for disorderly conduct.
Is the subject of a criminal citation under the Pennsylvania
Crimes Code or the Pennsylvania Liquor Code.
|
In order for such disruptive conduct to constitute an offense
under this article, a written report must be issued by a sworn police
officer or a City Code Enforcement Officer and notice must be sent
to an occupant and the owner or manger.
|
A written report of "disruptive conduct" that is completed
by a police officer or City Codes Enforcement Officer who investigated
the matter.
A building including one or more dwelling units.
A residential living area for one household that is used
for living and sleeping purposes, and that has its own cooking facilities,
and a bathroom with a toilet and a bathtub and/or shower.
A person on the premises of a regulated rental unit with
the actual or implied consent of an occupant.
Shall have the same meaning as "owner."
An adult individual designated by the owner of a regulated
rental unit under this article. The manager shall be the agent of
the owner for service of process and receiving notices or demands
and to perform the obligation of the owner under this article and
under rental agreements with occupants.
A building containing two or more dwelling units that are
not completely separated from each other by vertical party walls.
An individual who resides in a regulated rental unit.
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 present use and enjoyment
of the premises, including but not limited to a mortgage holder who
is in possession of a regulated rental unit.
A dwelling unit in which at least one owner of record of
the property resides as his/her primary dwelling.
A natural person, partnership, corporation, unincorporated
association, limited partnership, trust, or any other entity.
Sworn law enforcement officers of the Police Department of
the City of Lebanon or the Pennsylvania State Police.
Any parcel of real property in the City, including the land
and all buildings and structures, on which one or more regulated rental
units is located.
A dwelling unit or rooming house unit that is occupied for
residential purposes and that is not: (A) an owner-occupied dwelling
unit and (B) exempted by this article from needing a residential rental
license. A college fraternity or sorority used for residential purposes
shall be considered regulated rental units, unless it is within a
dormitory that is owned by a college.
A written agreement or other legally enforceable agreement
between owner and tenant, which is required to be supplemented by
the Addendum provided in this article, embodying the terms and conditions
concerning the use and occupancy of a specified regulated rental unit.
The license issued to the owner of regulated rental units
under this article, which is required in order to lawfully rent and
occupy regulated rental units.
A living unit that does not meet the definition of a dwelling
unit and that is not within a City-permitted hotel or bed and breakfast
inn.
An occupant of a regulated rental unit with whom a legal
relationship with the owner is established by a lease or other enforceable
agreement under the laws of the Commonwealth of Pennsylvania.
Two or more persons who reside in a dwelling unit and who
are not related to each other through blood, adoption, marriage or
formal foster relationship. A person who is only related as a cousin
shall be considered unrelated for the purposes of this article. The
term "related" shall be restricted to the following relationships:
spouse, parent, child, sister, brother, grand-child, great-grand-child,
grand-parent, great-grand-parent, aunt, uncle, or any of these same
relationships in a "step-" or "in-law" situation.
[Ord. 15-2006, 07 § 1, passed 11-27-2006]
(a)
General.
(1)
It shall be the duty of every owner to keep and maintain all
regulated rental units in compliance with the IPMC, 2003 Edition,
as amended, and to keep such property in good and safe condition.
(2)
As provided for in this article, every owner shall be responsible
for regulating the proper and lawful use and maintenance of every
dwelling which he, she or it owns. Every owner shall be responsible
to act to minimize disruptive conduct, through the rental contract
and through its enforcement of leases, on the premises by the occupants
of regulated rental units.
(3)
A residential rental license is required by section 1907.05 for each regulated rental unit. If a valid license has not been issued within the time-frame established by this article, or the license has been suspended or revoked, then the rental unit shall not be rented for residential use. If a regulated rental unit is rented for residential use without a valid residential rental license, such action shall be a violation of this article.
(4)
This article 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; nor shall this article 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 herein
is intended to impose any additional civil/criminal liability upon
owners other than that which is imposed by existing law.
(5)
This article is not intended to, nor shall its effect be, to
limit any other enforcement remedies which may be available to the
City against an owner, occupant, or guest thereof.
(6)
The owner and/or owner's agent shall accompany the Code Enforcement
Officer in all scheduled inspections at the property conducted under
this program.
(b)
Designation of manager.
(1)
If the owner is not a full-time resident of the City of Lebanon
or a 20 mile radius of the City of Lebanon, then the owner shall designate
a person to serve as manager who does reside or work on a daily basis
within a 20 mile radius of the City of Lebanon. If the owner is a
corporation, a separate manager shall be appointed unless an officer
of the corporation is appointed as the manager and such officer lives
within a 20 mile radius of the City of Lebanon. If the owner is a
partnership, a manager shall be required if a partner does not reside
within a 20 mile radius of the City of Lebanon. Said partner shall
perform the same function as a manager. The manager shall be the agent
of the owner for service of process and receiving of notices and demands,
as well as for performing the obligations of the owner under this
article and under rental agreements with occupants.
(2)
The legal name, mailing address, daytime physical address (not
a post office box), and day time and evening telephone number(s) of
a person who is designated as the manager shall be provided in writing
by the owner to the City, and such information shall be kept current
and updated within five business days after it changes.
(3)
The manager shall be authorized to accept service of process
on behalf of the owner.
(4)
In addition, an owner may designate an agent to serve all of
the same purposes of the owner. If an agent is designated, then the
City is not required to provide separate notice to the owner.
(c)
Disclosure. The owner or manager shall disclose to the occupant in
writing on or before the commencement of the tenancy: the name, address
and telephone number of the manager; or the name, address and telephone
number of the owner of the premises if a manager is not required to
be designated.
(d)
Maintenance of premises.
(1)
The owner shall maintain the premises in compliance with the
International Property Maintenance Code, 2003 Edition, as amended,
and shall regularly perform all routine maintenance, including lawn
mowing and ice and snow removal, and shall promptly make any and all
repairs necessary to fulfill this obligation.
(2)
However, the owner and occupant may agree that the occupant
is to perform specified repairs, maintenance tasks, alterations, or
remodeling if such responsibilities are established in writing. Such
an agreement may be entered into between the owner and occupant only
if entered into in good faith and not for the purpose of evading the
obligations of the owner or occupant.
(3)
The existence of an agreement between owner and occupant shall
not relieve an owner of any responsibility under this article or other
City codes for proper repair and maintenance of a building or premises.
(e)
Rental agreement and addendum.
(1)
All rental agreements for regulated rental units shall be in
writing or otherwise legally enforceable.
(2)
The owner and occupant shall not include text in a rental agreement
that is contrary to the provisions of this article.
(3)
Addendum to rental agreement. An Addendum to each rental agreement
for regulated rental units shall be provided by the owner to the occupant
before a rental agreement is presented for signing by an occupant,
after the effective date of this article. The text of the Addendum
shall be consistent with Appendix A. The owner shall secure a written
acknowledgment from occupants that the occupants have received the
Addendum. Upon oral or written request by the City of Lebanon, the
owner within 10 days of the request shall furnish to the City copies.
(4)
Any public or non-profit housing entity may, in lieu of the
adoption of the leasing Addendum heretofore described; incorporate
the requirements of the said Addendum into their existing lease upon
the demonstration to the City that their lease is the product of a
Federal or State requirement or program A copy of the incorporated
lease shall be presented to the City for recordation purposes within
five days from the City's assent.
(f)
The owner and occupants shall comply with all provisions of the Pennsylvania
Landlord-Tenant Act.
(g)
Common areas. The owner shall be responsible to minimize disruptive
conduct by occupants and guests in any common area and the premises
and to maintain proper physical conditions in such areas. The owner
shall be required to ensure that common areas and the outside premises
are in compliance with City codes.
(h)
Eviction. In the event that an occupant(s) of a regulated rental
unit is involved in a third disruptive conduct violation within any
one year period during which a residential rental license was required,
the Code Enforcement Officer shall provide a written statement to
the owner or his manager that the property shall be vacated. If the
disruptive conduct was caused by only one occupant, then the owner
or his manager officer shall limit the vacate order to that person.
Occupants shall be responsible to prevent their guests from engaging
in disruptive conduct on the premises. The owner shall begin eviction
proceedings within 15 days after receiving such statement and shall
continue such proceedings to completion, without interruption, unless
the occupants vacate the premises. Once an eviction is ordered, those
occupant(s) shall not be permitted to occupy any area on the same
lot for a minimum period of two years. In addition, once an eviction
is ordered, those occupant(s) shall not be permitted to occupy any
dwelling unit or boarding/rooming house unit that is owned by the
same person or entity within the City of Lebanon for a minimum period
of two years.
(1)
Failure of an owner to comply vacate the premises shall result
in the suspension or revocation of the residential rental license
and shall be a violation of this article.
(2)
This article shall not limit the ability of an owner to evict
tenants in compliance with State law for reasons other than violations
of this article.
(3)
A requirement to evict occupants shall not apply if a successful
appeal is made to the Property Maintenance Board of Appeals, or if
the district magistrate rules in the occupant's favor during
eviction proceedings, or where a court appeal or other legal action
has been filed that would lawfully prevent eviction.
(4)
The Code Enforcement Officer shall maintain a list of occupants
who were ordered to be evicted and the affected addresses Such list
shall be maintained for a minimum of three years and shall be available
for public review.
(i)
Code violations. Upon receiving notice of any code violations from
the Code Enforcement Officer, the owner shall take necessary action,
or cause such action to be taken, to eliminate the violation within
the time limit provided on the notice or citation.
(j)
City can make repairs.
(1)
In case the owner of premises shall neglect, fail or refuse
to comply with any notice from the City or its Code Enforcement Officer
to correct a violation relating to maintenance and repair of the premises
under any code within the period of time stated in such notice, the
City may cause the violation to be corrected. There shall be imposed
upon the owner a charge of the actual costs involved, plus an administrative
fee of $70 for each time the City shall cause a violation to be corrected.
The owner of the premises shall be billed after such work 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 interest and 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, attorney's
fees and court costs.
(2)
The remedies provided by this subsection are not exclusive and
the City and its Code Enforcement Officer may invoke such other remedies
available under this article or other applicable codes, ordinances
or statutes, including where appropriate, condemnation proceedings
or declaration of premises as unfit for habitation; or suspension,
revocation, or non-renewal of the residential rental license.
[Amended by Ord. 40-2008, 09, § 1, passed 12-21-2009]
(k)
The owner or manager shall allow and schedule inspections by a Code Enforcement Officer of the premises during City business hours, after a minimum of seven calendar days' notice have been provided to the owner or manager. The owner or manager shall provide a minimum of three calendar days advance notice to at least one adult occupant of each rental unit of the time and date of the inspection. These advance notice requirements shall not apply when the Code Enforcement Officer has reason to believe that an imminent threat to public health and safety may exist. See also section 1907.05.
[Ord. 40-2008, 09 § 2, passed 12-21-2009; Ord. 15-2006, 07 § 1, passed 11-27-2006]
(a)
General.
(1)
The occupant shall comply with all obligations imposed upon
occupants by this article, all applicable codes and ordinances of
the City and all applicable provisions of state law.
(b)
Health regulations. Occupants shall collect and dispose of all rubbish,
garbage, and other waste in a clean and sanitary manner, and comply
with City solid waste and recycling regulations.
(c)
Illegal activities. Occupants shall not engage in, nor tolerate nor
permit guests on the premises to engage in, any conduct declared illegal
under any federal criminal statute, and/or under, the Pennsylvania
Crimes Code (18 Pa.C.S.A. § 101 et seq.) or Liquor Code
(47 P.S. § 1-101 et seq.), or the illegal sale or distribution
of controlled substances under the Controlled Substance, Drug, Device
and Cosmetic Act (35 P.S. § 780-101 et seq.), or their successor
laws.
(d)
Disruptive conduct. (See definition in section 1907.02).
(1)
Occupants shall not engage in, nor tolerate nor permit guests
on the premises to engage in, disruptive conduct, or other violations
of the article.
(2)
When police investigate an alleged incident of disruptive conduct,
the police officer 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
provided in this report shall include, if possible, the identity or
identities of the alleged perpetrator(s) of the disruptive conduct
and the factual basis for the disruptive conduct.
(3)
When a police officer issues a disruptive conduct report concerning
a regulated rental unit, a copy shall be provided by the police to
the Code Enforcement Officer, who shall maintain records of such reports.
The Code Enforcement Officer shall mail a copy of the disruptive conduct
report to an occupant and the owner or manager after his/her receipt
of the report.
(4)
A criminal or civil citation is not required in order for a
disruptive conduct report to be issued.
(5)
If a citation is issued and successfully prosecuted or a guilty
plea entered before a district justice, such citation may automatically
be considered a disruptive conduct report. However, if an appeal of
a citation is filed from a decision of a district justice, the matter
shall not be deemed to constitute disruptive conduct unless a finding
of guilty is affirmed by a final decision on appeal.
(e)
Damage to premises. The occupant shall not intentionally cause, nor
permit nor tolerate others to cause damage to the premises. Conduct
which results in damages in excess of $500 shall be considered disruptive
conduct under this article.
[Ord. 15-2006, 07 § 1, passed 11-27-2006; Ord. 13-2016, 17, passed 2-27-2017]
(a)
License requirement.
(1)
A residential rental license shall be required for all regulated
rental units. For a rooming house, a single license is allowed for
all units within a rooming house building.
A.
A residential rental license shall not be issued or renewed
until:
1.
All overdue real estate taxes and business license, water, sewage
and other outstanding fees that are owed to the City of Lebanon or
its authorities have been paid in full.
2.
The owner has provided information concerning a manager if applicable
and has provided a list of names of occupants age 18 or older.
3.
The owner has provided information concerning the name of the
licensed refuse and recycling hauler contracted for the property,
including the day(s) of pickup.
4.
The owner shall use a form provided by the City of Lebanon which
requires certification that the information provided is true and accurate.
Any person providing false information on said form is subject to
applicable penalties set forth in any state or local statute.
(2)
The following shall not be considered regulated rental units
for the purposes of this article:
A.
Owner-occupied dwelling units, provided that not more than two
unrelated individuals, in addition to the owner and his/her relatives,
occupy the dwelling unit at any given time.
B.
Any regulated rental unit(s) that meets the following conditions:
1.
The unit has been vacant for a minimum of six consecutive months
during the calendar year; and
2.
The unit has not been rented and no security deposit has been
accepted at any time during the calendar year; and
3.
Proof of the vacancy (i.e., electric, water and/or sewer bill
showing minimal usage) must be submitted at the time of application.
This exemption shall be valid for the license for the calendar
year.
C.
Hotels and motels used for transient visitors to the area, but
without units that serve the same purposes as rooming house units.
D.
Hospitals and state-licensed nursing homes and personal care
homes.
F.
One dwelling unit that is on the same lot as a second dwelling
unit, provided the two dwellings are only occupied by the owner and
persons who are "related" to the owner.
G.
On-campus dormitories owned by an accredited college or university.
(3)
The applicant for the license shall use a form provided by the
City.
(4)
The owner or manager shall:
A.
Maintain a current list of all occupants age 18 or older in
each regulated rental unit, which shall include their name, address
and telephone number.
B.
Furnish such list to the City annually in writing at the time
of application and/or renewal.
C.
Notify the City in writing of any changes in the number or names
of occupants age 18 or older within 30 days after a change.
(b)
Licenses and fees.
(1)
Each residential rental license shall have an annual term and
each regulated rental unit shall be subject to a minimum of at least
one inspection every four years, based upon a schedule established
by the Chief Code Enforcement Administrator. The Chief Code Enforcement
Administrator shall establish four geographic areas and require that
regulated rental units in each of those geographic areas be made available
for inspection in the designated year and then reinspected on a schedule
of one inspection every four years. The City is not obligated to complete
all inspections within this schedule. If the City, through no fault
of the owner, manager or tenant, was not able to complete an inspection
in a regulated rental unit in the designated year, the City may inspect
the unit in one or more following years.
(2)
The following time extensions shall apply for the requirements
to have a rental unit inspection, unless there is evidence of a possible
code violation on the property. These time extensions shall only apply
after the first initial inspection and if the property has not been
subject of any code enforcement actions (other than items that were
satisfactorily corrected within 30 days), and has no outstanding taxes,
fines or fees due to the City of Lebanon or a City Authority.
A.
If an owner or manager provides evidence that a rental unit
has been occupied by the same occupants for the last three years,
then a Code Enforcement Officer may allow an inspection to be delayed
to once every five years.
B.
If a regulated rental unit was inspected by the City for code
compliance within the previous four years, then an inspection under
this article may be delayed to result in a minimum of four years until
the next inspection.
(3)
Upon application for a license and prior to issuance or renewal
thereof, each applicant shall pay to the City an annual license and
inspection fee.
A.
The annual fee for a residential rental unit shall be $40 per
dwelling unit, $20 per each rooming house unit and $10 for each sleeping
room in a fraternity or sorority. If a property is rented at any time
during the calendar year, the foregoing rental license fee shall be
assessed and shall not be pro-rated for any portion of the calendar
year. Failure to register an occupied unit within 30 days of occupancy
will result in a penalty fee of $50 in addition to the annual fee.
B.
The fee for a calendar year shall be paid within 30 days of
billing. Invoices will be mailed during the months of March through
September based on the ward the rental property is located. Each ward
shall have a designated billing month and a copy of the billing schedule
shall be available in the Department of Public Works. A penalty of
$25 will be assessed for every 60 days the invoice remains unpaid.
The annual fee for nonprofits for a residential rental unit owned
by a nonprofit organization shall be $25. This fee is intended to
cover the City's actual costs for administering the program and
for inspections and related vehicle, office, administrative and overhead
expenses.
C.
If a second inspection is needed for a dwelling unit or rooming
house unit because the unit was found to be in violation of City codes
during the initial inspection, then an additional fee of $25 shall
apply. For each subsequent inspection that is needed in any four-year
period, an additional fee of $75 shall apply.
D.
The fee to reinstate a revoked residential rental license shall
be $100 per dwelling unit or $100 per rooming house building.
E.
The fees provided in this article may be revised by written
ordinance of City Council.
F.
A residential rental license shall not be issued or renewed
if the owner has not paid any monies owed to the City of Lebanon,
or has not paid any fines and costs arising from enforcement of this
article or any codes of the City of Lebanon relating to land use and/or
code enforcement or if any licensing fees under this article are past
due to the City.
G.
If a second or subsequent inspection is needed for a dwelling
unit or rooming house unit because the Codes Enforcement Officer was
not able to enter the unit at the time that had been scheduled with
the owner or manager, then an additional fee of $75 shall apply.
(4)
A license or inspection by itself shall not warrant that a rental
unit is lawful, safe, habitable or in compliance with all City codes.
(c)
Inspection.
(1)
Each regulated rental unit shall be subject to inspection by
the Code Enforcement Officer or another duly authorized agent of the
City under the schedule outlined in this article.
(2)
City Code Enforcement Officers are the officials authorized
to enforce this article and to take appropriate measures to abate
violations hereof, for and on behalf of the City of Lebanon.
(3)
This article shall not be construed as to limit the Code Enforcement
Officer's authority to conduct inspections or enforcement actions
under other City codes or to require that a property be made available
for inspection whenever there is probable cause that a violation of
City codes may be present.
(4)
To minimize disruption to occupants, owners and managers are
encouraged to ask to attempt to schedule inspections during times
when a rental unit is unoccupied between tenants.
(d)
Warrant. Within the limitations of federal and state law, a Code
Enforcement Officer may apply to a district justice having jurisdiction
for an administrative search warrant to enter and inspect a regulated
rental unit and the premises.
[Ord. 15-2006, 07 § 1, passed 11-27-2006]
(a)
General. A Code Enforcement Officer may initiate the following enforcement
actions against an owner for violating any provision of this article
that imposes a duty upon the owner and/or for failing to regulate
the breach of duties by occupants as provided for herein.
(b)
Responses to violations of this article and other City Codes.
(1)
Notice of violations. A Code Enforcement Officer shall provide
written notification of violations of City codes and require that
they be corrected within a reasonable maximum time period that the
Code Enforcement Officer establishes in the enforcement notice.
A.
A Code Enforcement Officer may determine that the rental unit
is unfit for human habitation, in which case it shall be vacated and
remain vacated until such situation is corrected.
B.
For serious violations that do not require the property to be
immediately vacated, a Code Enforcement Officer may require that the
violations be corrected within 24 hours, or another time period stated
on the notice or citation.
(2)
Non-renewal. A Code Enforcement Officer shall delay or deny
the renewal of a residential rental license if there are any monies
owed to the City of Lebanon or if there are outstanding violations
of City Codes for that rental unit that have not been corrected at
the time of license renewal. If the violations are not a threat to
safety of occupants or other members of the public, a Code Enforcement
Officer shall permit the current occupants to continue to reside in
the premises for a reasonable period of time established by a Code
Enforcement Officer in the notice of non-renewal, with the time limit
removed when the violations of City codes are corrected. A Code Enforcement
Officer may issue a temporary license that is conditioned upon certain
actions being taken within a maximum time period.
(3)
Revocation. The immediate revocation of the license to rent
a regulated rental unit shall occur if a Code Enforcement Officer
determines that violations of City codes present a threat to the safety
of occupants or other members of the public. Such, revocation shall
occur until violations of City Codes are corrected and the property
has been re-inspected. Upon revocation, the owner shall take immediate
steps to evict the occupants and/or to locate alternative housing
for the occupants.
(4)
Suspension. A Code Enforcement Officer may suspend the license
to rent a regulated rental unit if violations of City codes have not
been corrected within a time limit established by a Code Enforcement
Officer. Such suspension shall continue until such time as a violation(s)
of City codes is corrected.
A.
If the violations are not a threat to safety of occupants or
other members of the public, a Code Enforcement Officer shall permit
the current occupants to continue to reside in the premises for a
reasonable period of time established by a Code Enforcement Officer
in the notice of suspension.
B.
A Code Enforcement Officer may suspend the license to rent a
regulated rental unit if the owner or his/her designated manager are
not available or do not respond to contacts by a Code Enforcement
Officer, or if the name and contact information for the owner or manager
are no longer valid, or if the manager no longer represents the owner.
(5)
Reinstatement. A residential rental license shall be reinstated
if the owner of a regulated rental unit corrects the reason for the
revocation of the residential rental license and has paid the residential
rental license reinstatement fee.
(c)
Criteria for applying sanctions.
(1)
The Code Enforcement Officer, when deciding upon the sanctions
provided in subsection (b) above, shall consider the following:
A.
The effect of the violation on the health and safety of occupants
of the regulated rental unit, other residents of the premises, and
neighboring residents.
B.
Whether the owner has prior violations of this Code and whether
those violations were satisfactorily corrected in a timely manner.
C.
The effect of sanctions upon the occupants, particularly when
the occupants did not cause the violation.
D.
The actions taken by the owner to remedy the violation and to
prevent future violations, including any written plan submitted by
the owner and good faith efforts of the owner to bring the property
into compliance.
(d)
In addition to enforcing sanctions set forth above, a Code Enforcement
Officer may establish reasonable conditions upon a residential rental
license that will fulfill purposes of this article.
(e)
Grounds for imposing sanctions. Any of the following may subject
an owner to sanctions as provided for in this article:
(1)
Failure to abate a violation of City Codes and ordinances that
apply to premises within the time directed by the Code Enforcement
Officer.
(2)
Refusal to permit the inspection of the premises by a Code Enforcement
Officer as required by this article.
(3)
Failure to take steps to remedy and prevent violations of this
article by occupants of regulated rental units as required by this
article.
(4)
Failure to evict occupants after having been directed to do
so by a Code Enforcement Officer as provided for in this article.
(f)
Procedure for non-renewal suspension or revocation of license. Following
determination that grounds for non-renewal, suspension or revocation
of a License exist, a Code Enforcement Officer shall notify the owner
or manager of the action to be taken and the reason therefore. Such
notification shall be in writing addressed to the owner or manager
in question, and shall contain the following information:
(1)
The address of the premises in question and identification of
the affected regulated rental unit(s).
(2)
A description of the violation which has been found to exist.
(3)
A statement that the license for said regulated rental unit(s)
shall be suspended, revoked, or will not be renewed for the next License.
Time deadlines shall be provided in the notice. In the case of a revocation,
the notice shall state the date upon which such revocation will commence.
(4)
A statement that during the license non-renewal or revocation,
the property shall not be rented for occupancy, except for any temporary
conditional license extension that a Code Enforcement Officer may
issue.
(5)
Information regarding the appeal process.
(g)
Appeals.
(1)
Any person affected by a decision, notice or order of a Code
Enforcement Officer under this article or any issuance of a disruptive
conduct report or any eviction order under this article shall have
the right to appeal to the City of Lebanon Housing Board of Appeals.
An application for appeal may be made when it is claimed that the
provisions of this article have been improperly applied or administered
or that factual errors were made by the Code Enforcement Officer,
or for such other grounds under this article as the applicant may
allege.
(2)
Other boards. The City of Lebanon Board of Health shall continue
to hear appeals concerning health regulations. The City of Lebanon
Zoning Hearing Board shall continue to hear appeals concerning the
Zoning Ordinance. The City of Lebanon Housing Board of Appeals shall
continue to hear appeals as provided in Part Nineteen - the Housing
Code section of the Codified Ordinances of the City of Lebanon.
(3)
All appeals shall be filed within 30 days from the date of the
decision.
(h)
Notifications.
[Amended by Ord. 40-2008, 09, § 1, passed 12-21-2009]
(1)
Notices of violations and license suspensions, revocations and
non-renewals and late or non-payment of registration fees shall be
sent to the owner, and manager if applicable, by certified mail. Notices
of violation of the IPMC, as amended, may be sent by first class mail
or personal service. In the event that the notice is returned by the
postal authorities marked "unclaimed" or "refused," then the Code
Enforcement Officer shall attempt delivery by personal service on
the owner OR manager if applicable. The Code Enforcement Officer shall
also post the notice at a conspicuous place on the premises.
(2)
The City shall not be responsible for failing to provide notice
where the owner has not provided an up-to-date name and address for
the owner or the manager for the rental unit.
(3)
For purposes of this article, any notice required hereunder
to be given to a manager shall be deemed as notice given to the owner.
(4)
There shall be a presumption that any notice required to be
given to the owner under this article shall have been received by
such owner if the notice was given to the owner in the manner provided
by this article.
(5)
A claimed lack of knowledge by the owner of any violation hereunder
cited shall not be a defense to rental license non-renewal, suspension
or revocation or an eviction order as long as all required notices
involving such proceedings have been sent to the last known address
of the owner.
[Ord. 15-2006, 07 § 1, passed 11-27-2006]
(a)
Basis for violation. It shall be unlawful for any person, as either
owner or manager of a regulated rental unit, to operate without a
valid, current residential rental license issued by the City authorizing
such operation. It shall also be unlawful for any person, either owner
or manager, to allow the number of occupants of a regulated rental
unit to exceed the maximum number allowed by City codes, or to violate
any other provision of this article. It shall be unlawful for any
owner, manager or occupant to violate this article.
(b)
Penalties.
(1)
The penalties and remedies for a violation of City Construction
Codes or the City Existing Building Code shall be as established in
such other code.
(2)
Any person who violates a provision of this article shall upon
conviction thereof before a district magistrate be liable to pay the
following penalties:
A.
First violation on a lot in a calendar year - a fine of $200.
B.
Second violation on a lot in a calendar year - a fine of $500.
C.
Third and each subsequent violation on a lot in a calendar year
- a fine of $1,000.
D.
If an owner fails to obtain a residential rental license that
is required, a fine of $1,000 shall apply.
E.
For each week that a violation continues to exist after the
time limit established for correction of the violation by a Code Enforcement
Officer, a separate violation shall have been deemed to occur, requiring
an additional fine.
(3)
In addition, an eviction of occupants of a regulated rental
unit may be required under provisions of this article, and the residential
rental license that grants the privilege to rent a regulated rental
unit may be revoked, suspended or withdrawn.
(c)
Non-exclusive remedies. The penalty provisions of this article and
the license nonrenewal, suspension and revocation procedures provided
in this article shall not limit the ability of the City to enforce
other City ordinances and to utilize the penalties, remedies and procedures
provided under such other City ordinances and State law.
[Ord. 15-2006, 07 § 1, passed 11-27-2006]
(a)
Changes in ownership/occupancy.
(1)
Each owner of a regulated rental unit shall notify the Code
Enforcement Officer in writing within five business days after any
change in ownership of the premises or of the number of regulated
rental units on the premises, and to submit new contact information.
(2)
The owner shall notify the Code Enforcement Officer in writing
within a maximum of five business days after the changing of a dwelling
unit from owner-occupied to being a regulated rental unit for purposes
of this article. Failure to so notify the Code Enforcement Officer
shall be considered a violation of this article.
(b)
Owners separately responsible. If any regulated 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 separately responsible
for the duties imposed under the terms of this article, and shall
be separately subject to prosecution for the violation of this article.
(c)
Severability. If any provision of this article or the application
thereof to any person or circumstances is held invalid by a court
of law, such holding shall not affect the other provisions or applications
of this article which can be given effect without the invalid provision
or application, and to this end, the provisions of this article are
declared severable.
(d)
Any portion of this article that is in contradiction with federal
directive(s) may be waived at the discretion of the Mayor of the City
of Lebanon.
(e)
Repealer. All ordinances or parts of ordinances which clearly are
inconsistent with this article are hereby repealed to the extent of
such inconsistency.
(f)
Enactment and effective date. This article shall become effective
January 1, 2007.
