[Ord. 455, 10/6/2008, § 2]
1.
Purposes. This Part is intended to serve the following purposes:
A.
To assist the Township of West Lebanon (the "Township") in protecting
and promoting the public health, safety and welfare of its citizens.
B.
To establish rights and obligations of owners and occupants relating
to the rental of certain residential units in the Township of West
Lebanon and to seek that owners and occupants properly maintain rental
housing within the Township.
C.
To ensure that owners, managers and occupants share responsibilities
to comply with codes, to prevent over-crowding, and to avoid nuisances
for neighboring residents.
D.
To provide for a system of inspections; issuance and renewal of licenses;
and establish penalties for violations.
2.
Findings. In considering the adoption of this Part, the Township
of West Lebanon makes the following findings:
A.
This Part is enacted under the authority of the First Class Township
Code of Pennsylvania.
B.
There is a greater incidence and greater severity of violations of
various Codes of the Township at rental residential properties than
at owner-occupied residential properties.
C.
There is a greater incidence of problems with the maintenance and
upkeep of rental residential properties than at owner-occupied residential
properties.
D.
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.
E.
A systematic inspection process can avoid life-threatening problems,
such as a lack of functioning smoke detectors.
[Ord. 455, 10/6/2008, § 3]
As used in this Part, the following terms shall have the following
meanings. If a term is not defined in this Part, but is defined in
the Township Existing Building Code or Construction Code, then that
definition shall apply to this Part. If a term is not defined in any
of those codes, but is defined in the Township Planning and Zoning
Code, then the definition in such Code shall apply to this Part.
Days in which the offices of the Township of West Lebanon
are open for public business.
Any code or ordinance adopted, enacted, and/or in effect
in and for the Township of West 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 Township 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 Part, the Township Existing Building Code and
similar codes of the Township of West 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 Part.
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 Township of West 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 theft 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 the
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 Part, a written report must be issued by a sworn police
officer or a Township Code Enforcement Officer and notice must be
sent to an occupant and the owner or manager.
A written report of "disruptive conduct" that is completed
by a police officer or Township 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.
This term shall have the same meaning as "owner."
An adult individual designated by the owner of a regulated
rental unit under this Part. 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 Part 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 person, 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 Township of West Lebanon or the Pennsylvania State Police.
Any parcel of real property in the Township, 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: (1) an owner-occupied dwelling
unit and (2) exempted by this Part 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 Part, 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 Part, 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 Township-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.
The Township of West Lebanon, Lebanon County, 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 Part. The term
"related" shall be restricted to the following relationships: spouse,
parent, child, sister, brother, grandchild, great grandchild, grandparent,
great grandparent, aunt, uncle, or any of these same relationships
in a "step-" or "in-law" situation.
[Ord. 455, 10/6/2008, § 4]
1.
General.
A.
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.
B.
As provided for in this Part, 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.
C.
A residential rental license is required by § 11-105 for each regulated rental unit. If a valid license has not been issued within the time-frame established by this Part, 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 Part.
D.
This Part 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 Part 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.
E.
This Part is not intended to, nor shall its effect be, to limit any
other enforcement remedies which may be available to the Township
against an owner, occupant, or guest thereof.
F.
The owner and/or owner's agent shall accompany the Code Enforcement
Officer in all scheduled inspections at the property conducted under
this program.
2.
Designation of Manager.
A.
If the owner is not a full-time resident of the Township of West
Lebanon or a twenty-mile radius of the Township of West Lebanon, then
the owner shall designate a person to serve as manager who does reside
or work on a daily basis within a twenty-mile radius of the Township
of West 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 twenty-mile radius
of the Township of West Lebanon. If the owner is a partnership, a
manager shall be required if a partner does not reside within a twenty-mile
radius of the Township of West 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
Part and under rental agreements with occupants.
B.
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 Township, and such information shall be kept current
and updated within five business days after it changes.
C.
The manager shall be authorized to accept service of process on behalf
of the owner.
D.
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 Township
is not required to provide separate notice to the owner.
3.
Disclosure.
A.
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.
4.
Maintenance of Premises.
A.
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.
B.
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.
C.
The existence of an agreement between owner and occupant shall not
relieve an owner of any responsibility under this Part or other Township
codes for proper repair and maintenance of a building or premises.
5.
Rental Agreement and Addendum.
A.
All rental agreements for regulated rental units shall be in writing
or otherwise legally enforceable.
B.
The owner and occupant shall not include text in a rental agreement
that is contrary to the provisions of this Part.
C.
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 Part. The text of the addendum shall
be consistent with Appendix 11-1-A. The owner shall secure a written
acknowledgment from occupants that the occupants have received the
addendum. Upon oral or written request by the Township of West Lebanon,
the owner, within 10 days of the request, shall furnish to the Township
copies.
6.
The owner and occupants shall comply with all provisions of the Pennsylvania
Landlord-Tenant Act.
7.
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 Township codes.
8.
Eviction. In the event that an occupant(s) of a regulated rental
unit is involved in a first 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.
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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 Township
of West Lebanon for a minimum period of two years.
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A.
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 Part.
B.
This Part shall not limit the ability of an owner to evict tenants
in compliance with state law for reasons other than violations of
this Part.
C.
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.
D.
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.
9.
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.
10.
Township Can Make Repairs.
A.
In case the owner of premises shall neglect, fail or refuse to comply
with any notice from the Township 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
Township may cause the violation to be corrected. There shall be imposed
upon the owner a charge of the actual costs involved, plus 25% of
said costs or $50 whichever is greater, for each time the Township
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.
B.
The remedies provided by this subsection are not exclusive and the
Township and its Code Enforcement Officer may invoke such other remedies
available under this Part 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.
11.
The owner or manager shall allow and schedule inspections by a Code Enforcement Officer of the premises during Township 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 § 11-106, Subsection 2C.
[Ord. 455, 10/6/2008, § 5]
1.
General.
A.
The occupant shall comply with all obligations imposed upon occupants
by this Part, all applicable codes and ordinances of the Township
and all applicable provisions of state law.
2.
Health Regulations. Occupants shall collect and dispose of all rubbish,
garbage, and other waste in a clean and sanitary manner, and comply
with Township solid waste and recycling regulations.
3.
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.
4.
Disruptive Conduct. (See definition in § 11-102.)
A.
Occupants shall not engage in, nor tolerate nor permit guests on
the premises to engage in, disruptive conduct, or other violations
of this Part.
B.
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
identifies of the alleged perpetrator(s) of the disruptive conduct
and the factual basis for the disruptive conduct.
C.
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.
D.
A criminal or civil citation is not required in order for a disruptive
conduct report to be issued.
E.
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.
5.
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 Part.
[Ord. 455, 10/6/2008, § 6]
1.
License Requirement.
A.
A residential rental license shall be required for all occupied regulated
rental units. Within 120 days after the effective date of this Part,
the owner or his duly authorized agent shall be required to apply
for a license for each regulated rental unit. A license is required
to be in possession of the owner or manager within 180 days after
the effective date of this Part for each regulated rental unit. For
a rooming house, a single license is allowed for all units within
a rooming house building.
(1)
A residential rental license shall not be issued or renewed
until:
(a)
All overdue real estate taxes and business license, water, sewage
and other outstanding fees that are owed to the Township of West Lebanon
or its authorities have been paid in full.
(b)
The owner has provided information concerning a manager if applicable
and has provided a list of names of occupants.
[Amended by Ord. No. 528, 11/1/2021]
B.
The following shall not be considered regulated rental units for
the purposes of this Part:
(1)
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.
(2)
Hotels and motels used for transient visitors to the area, but
without units that serve the same purposes as rooming house units.
(3)
Hospitals and state-licensed nursing homes and personal care
homes.
(5)
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.
(6)
On-campus dormitories owned by an accredited college or university.
C.
The applicant for the license shall use a form provided by the Township.
2.
Licenses and Fees.
A.
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 re-inspected on a schedule
of one inspection every four years. The Township is not obligated
to complete all inspections within this schedule. If the Township,
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 Township may inspect the unit in one or more following years.
B.
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 Township of West Lebanon or a Township authority.
(1)
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.
(2)
If a regulated rental unit was inspected by the Township for
code compliance within the previous four years, then an inspection
under this Part may be delayed to result in a minimum of four years
until the next inspection.
C.
Upon application for a license and prior to issuance or renewal thereof,
each applicant shall pay to the Township an annual license and inspection
fee.
(1)
The annual fee for a residential rental unit shall be $50 per
dwelling unit, $20 per each rooming house unit and $10 for each sleeping
room in a fraternity or sorority. The fee for a calendar year shall
be paid by April 1 of each year. If the annual fee is not paid by
April 1, an additional fee of $20 shall apply for each subsequent
month. The annual fee for non-profit for a residential rental unit
owned by a non-profit organization shall be $25. This fee is intended
to cover the Township's actual costs for administering the program
and for inspections and related vehicle, office, administrative and
overhead expenses.
(2)
If a second inspection is needed for a dwelling unit or rooming
house unit because the unit was found to be in violation of Township
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.
(3)
The fee to reinstate a revoked residential rental license shall
be $100 per dwelling unit or $100 per rooming house building.
(4)
The fees provided in this Part may be revised by written ordinance
of Township Council.
(5)
A residential rental license shall not be issued or renewed
if the owner has not paid any monies owed to the Township of West
Lebanon, or has not paid any fines and costs arising from enforcement
of this Part or any codes of the Township of West Lebanon relating
to land use and/or code enforcement or if any licensing fees under
this Part are past due to the Township.
(6)
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.
D.
A license or inspection by itself shall not warrant that a rental
unit is lawful, safe, habitable or in compliance with all Township
codes.
3.
Inspection.
A.
Each regulated rental unit shall be subject to inspection by the
Code Enforcement Officer or another duly authorized agent of the Township
under the schedule outlined in this Part.
B.
Township Code Enforcement Officers are the officials authorized to
enforce this Part and to take appropriate measures to abate violations
hereof, for and on behalf of the Township of West Lebanon.
C.
This Part shall not be construed as to limit the Code Enforcement
Officer's authority to conduct inspections or enforcement actions
under other Township codes or to require that a property be made available
for inspection whenever there is probable cause that a violation of
Township codes may be present.
D.
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.
4.
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. Such warrant is only required where
access to a regulated rental unit or common areas is denied to the
Code Enforcement Officer after a request.
[Ord. 455, 10/6/2008, § 5]
1.
General. A Code Enforcement Officer may initiate the following enforcement
actions against an owner for violating any provision of this Part
that imposes a duty upon the owner and/or for failing to regulate
the breach of duties by occupants as provided for herein.
2.
Responses to Violations of this Part and Other Township Codes.
A.
Notice of Violations. A Code Enforcement Officer shall provide written
notification of violations of Township codes and require that they
be corrected within a reasonable maximum time period that the Code
Enforcement Officer establishes in the enforcement notice.
(1)
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.
(2)
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.
B.
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
Township of West Lebanon or if there are outstanding violations of
Township 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 Township 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.
C.
Revocation. The immediate revocation of the license to rent a regulated
rental unit shall occur if a Code Enforcement Officer determines that
violations of Township codes present a threat to the safety of occupants
or other members of the public. Such revocation shall occur until
violations of Township 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.
D.
Suspension. A Code Enforcement Officer may suspend the license to
rent a regulated rental unit if violations of Township 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 Township codes is corrected.
(1)
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.
(2)
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.
E.
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.
3.
Criteria for Applying Sanctions.
A.
The Code Enforcement Officer, when deciding upon the sanctions provided in Subsection 2 above shall consider the following:
(1)
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.
(2)
Whether the owner has prior violations of this code and whether
those violations were satisfactorily corrected in a timely manner.
(3)
The effect of sanctions upon the occupants, particularly when
the occupants did not cause the violation.
(4)
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.
4.
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 Part.
5.
Grounds for Imposing Sanctions. Any of the following may subject
an owner to sanctions as provided for in this Part:
A.
Failure to abate a violation of Township codes and ordinances that
apply to premises within the time directed by the Code Enforcement
Officer.
B.
Refusal to permit the inspection of the premises by a Code Enforcement
Officer as required by this Part.
C.
Failure to take steps to remedy and prevent violations of this Part
by occupants of regulated rental units as required by this Part.
D.
Failure to evict occupants after having been directed to do so by
a Code Enforcement Officer as provided for in this Part.
6.
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:
A.
The address of the premises in question and identification of the
affected regulated rental unit(s).
B.
A description of the violation which has been found to exist.
C.
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.
D.
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.
E.
Information regarding the appeal process.
7.
Appeals.
A.
Any person affected by a decision, notice or order of a Code Enforcement
Officer under this Part or any issuance of a disruptive conduct report
or any eviction order under this Part shall have the right to appeal
to the Township of West Lebanon Housing Board of Appeals. An application
for appeal may be made when it is claimed that the provisions of this
Part have been improperly applied or administered or that factual
errors were made by the Code Enforcement Officer, or for such other
grounds under this Part as the applicant may allege.
B.
Other Boards. The Township of West Lebanon Board of Health shall continue to hear appeals concerning health regulations. The Township of West Lebanon Zoning Hearing Board shall continue to hear appeals concerning the Zoning Ordinance [Chapter 27]. The Township of West Lebanon Housing Board of Appeals shall continue to hear appeals as provided in Housing Code section of the Codified Ordinances of the Township of West Lebanon.
8.
Notifications.
A.
Notices of violations and license suspensions, revocations and non-renewals
shall be sent to the owner, and manager if applicable, by certified
mail.
(1)
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.
B.
The Township 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.
C.
For purposes of this Part, any notice required hereunder to be given
to a manager shall be deemed as notice given to the owner.
D.
There shall be a presumption that any notice required to be given
to the owner under this Part shall have been received by such owner
if the notice was given to the owner in the manner provided by this
Part.
E.
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. 455, 10/6/2008, § 7]
1.
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 Township 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 Township codes, or to
violate any other provision of this Part. It shall be unlawful for
any owner, manager or occupant to violate this Part.
2.
Penalties.
A.
The penalties and remedies for a violation of Township Construction
Codes or the Township Existing Building Code shall be as established
in such other code.
B.
Any person who violates a provision of this Part shall upon conviction
thereof before a district magistrate be liable to pay the following
penalties:
(1)
First violation on a lot in a calendar year: a fine of $200.
(2)
Second violation on a lot in a calendar year: a fine of $500.
(3)
First and each subsequent violation on a lot in a calendar year:
a fine of $1,000.
(4)
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.
C.
In addition, as, eviction of occupants of a regulated rental unit
may be required under provisions of this Part, and the residential
rental license that grants the privilege to rent a regulated rental
unit may be revoked, suspended or withdrawn.
3.
Non-exclusive Remedies. The penalty provisions of this Part and the
license non-renewal, suspension and revocation procedures provided
in this Part shall not limit the ability of the Township to enforce
other Township ordinances and to utilize the penalties, remedies and
procedures provided under such other Township ordinances and state
law.
[Ord. 455, 10/6/2008, § 8]
1.
Changes in Ownership/Occupancy.
A.
Each owner of a regulated rental unit shall notify the Code Enforcement
Office in writing within five business days after any change in ownership
of the premises, number of regulated rental units, or change in tenants
or number of tenants or any other change in information in the rental
license registration form.
[Amended by Ord. No. 528, 11/1/2021]
B.
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 Part. Failure to so notify the Code Enforcement Officer shall
be considered a violation of this Part.
2.
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 Part, and shall be
separately subject to prosecution for the violation of this Part.
