[HISTORY: Adopted by the Borough Council of the Borough of
Kenhorst as indicated in article histories. Amendments noted where
applicable.]
[Adopted 8-7-2016 by Ord.
No. 577]
A.
Short title. This article shall be cited as the "Rental Conduct Standards"
of the Borough of Kenhorst.
A.
AGENT
APARTMENT
BOARDINGHOUSE
CLOSED DISRUPTIVE CONDUCT REPORT
(1)
(2)
CODE ENFORCEMENT OFFICER
COMMON AREA
DISRUPTIVE CONDUCT
DISRUPTIVE CONDUCT REPORT (DCR)
DWELLING
DWELLING UNIT
FAMILY
(1)
(2)
(3)
GUEST
HOUSING APPEALS BOARD
LET, LETTING, LEASE, RENT, RENTING, RENTAL or words of similar
meaning
MULTIPLE DWELLING
NONRENEWAL
OCCUPANT
OPEN DCR or OPEN DISRUPTIVE CONDUCT REPORT
OWNER
(1)
(2)
(3)
PERFORMANCE CODES
PERMIT YEAR
PERSON
POLICE
PREMISES
REASONABLE NOTICE
REGULATED UNIT
REMEDIAL PLAN
RENTAL PERMIT
RENTED ROOM
RESPONSIBLE PARTY
REVOCATION
ROOMING HOUSE
ROOMING UNIT
STUDENT
STUDENT HOME
SUSPENSION
UNIT
The following definitions shall apply in the interpretation and enforcement
of this article:
A person acting on behalf of an owner.
A dwelling unit occupied by one family and containing at
least one bathroom and separate eating and cooking facilities with
bath.
A one-family dwelling occupied by the owner thereof (and
his family, if applicable), portions of which building the owner lets
room for lodging.
A closed DCR shall be a DCR as to which the owner or agent:
With respect to a DCR, responds by complying with the procedures set forth in § 362-7E(3) of this article within 10 business days of receipt of a written notice of a Level 1 DCR; and
Within 10 business days of approval of a remedial plan, the Code Enforcement Officer has made a determination that the remedial plan proposed by the owner or agent pursuant to § 362-7E(4) has been performed by the owner or agent in all material respects. The owner or agent may request the Code Enforcement Officer to make such determination at the time of approval of the remedial plan or at any time thereafter. An owner or agent shall not be deemed to have failed to substantially perform a remedial plan as a result of the refusal of any judicial authority to order the eviction of any occupant, so long as the owner or agent has diligently pursued any eviction proposed in the owner or agent's remedial plan by appropriate legal proceedings to the Court of Common Pleas.
Any person specifically designated as such by the Council
of the Borough of Kenhorst to enforce this article, and shall include
the duly authorized representatives of said Code Enforcement Officer.
Any open area within a structure shared by occupants or that
the occupants have the right to share, including, but not limited
to, kitchens, bathrooms, living rooms, dining rooms, attics, basements
and any room used for parties, social events or the congregation of
people, excepting bedrooms.
Any form of conduct, action, incident or behavior perpetrated,
caused or permitted by any occupant or visitor of a regulated unit
that is so loud, untimely (as to hour of the day), offensive, riotous
or that otherwise disturbs other persons of reasonable sensibility
in their peaceful enjoyment of their premises such that a report is
made to police and/or to the Code Enforcement Officer complaining
of such conduct, action, incident or behavior. It is not necessary
that such conduct, action, incident or behavior constitutes a criminal
offense, nor that criminal charges be filed against any person in
order for a person to have perpetrated, caused or permitted the commission
of disruptive conduct, as defined herein; provided, however, that
no disruptive conduct shall be deemed to have occurred unless the
Code Enforcement Officer or police shall investigate and make a determination
that such did occur, and keep written records, including a disruptive
conduct report, of such occurrence.
A written report of disruptive conduct on a form to be prescribed
in this article, to be completed by the Code Enforcement Officer or
police officer, as the case may be, who actually investigates an alleged
incident of disruptive conduct and which shall be maintained by the
Code Enforcement Officer. Disruptive Conduct Reports shall be separate
from any other action taken by the police and shall be considered
public documents. A DCR may be issued and deemed appropriate under
this article regardless of whether a criminal citation or prosecution
is issued in response to the disruptive conduct and other legal action
in the judicial system is not pursued by the Borough Police Department
or Code Enforcement Officer. Upon the issuance of a DCR, the occupants
and/or owner shall accrue penalties as provided by this article.
Any building or structure (except temporary housing) which
is wholly or partly used or intended to be used for living or sleeping
by human occupants.
Any 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 or sleeping.
As used in this article, the term "family" shall be defined
as:
One or more persons related by blood, marriage, adoption or
other decree of legal custody living together as a single housekeeping
unit and using cooking facilities and certain rooms in common;
Not more than three persons unrelated, as set forth in Subsection (1) above, living together as a single housekeeping unit and using cooking facilities and certain rooms in common; provided, however, that no related dependent of such unrelated persons shall be counted in determining the number of unrelated persons living together; or
More than three unrelated handicapped persons living permanently
together as a single housekeeping unit and using cooking facilities
and certain rooms in common; provided, however, that such persons
shall be under the supervision of a non-handicapped resident of the
dwelling and provided, further, that the dwelling is owned and operated
by a Pennsylvania nonprofit corporation.
A person on the premises with actual or implied consent of
an occupant, who is not an occupant.
The Housing Appeals Board shall be established pursuant to
this article and will be comprised of the Kenhorst Borough Council
Safety Committee and the Mayor.
The act of permitting a unit to be used to provide a living
arrangement for one or more persons not the owner-of-record thereof,
whether or not for compensation.
Any dwelling containing two or more dwelling units.
The nonrenewal described in § 362-10C(1) of this article.
Any person over one year of age living, sleeping, cooking
or eating in a unit.
A DCR which has been issued and has not become a closed DCR.
Any person who, individually, jointly or severally with others,
shall have:
Legal or equitable title to or have any other legal or beneficial
interest in any unit, with or without accompanying actual possession
thereof, including corporations;
Charge, care or control of any dwelling or dwelling units as
owner or agent of owner, or as executor, administrator, trustee or
guardian of an estate of the owner; or
Any person who, individually or as a corporation, who is the
owner-of-record by either deed or other instrument filed in the Recorder
of Deeds in and for Berks County, of a majority interest in a property.
For purposes of this article, "majority" shall mean at least 51%.
For purposes of this article, equitable ownership shall not be construed
to be actual ownership.
All codes of the Borough of Kenhorst, and specifically Chapter 341, Property Maintenance, Article III, Adoption of Standards, as such ordinance is amended from time to time; Chapter 475, Zoning, as amended from time to time; and any solid waste and fire prevention ordinances that may be adopted and amended from time to time.
August 1 of any year through July 31 of the succeeding year.
Includes any individual, firm, corporation, company, association,
partnership, trust, agent or other entity. When referring to occupancy
or maximum dwelling unit occupancy pursuant to this article, "person"
shall refer only to an individual.
The Police Department of the City of Reading, or any properly
authorized member or officer thereof or any other law enforcement
agency having jurisdiction within the Borough of Kenhorst.
Any lot, tract or parcel of real property in the Borough
of Kenhorst, including the land and all buildings and appurtenant
structures or appurtenant elements, on which one or more regulated
units are located.
In the case of nonemergency notice, five business days' advance notice by United States first class mail. Reasonable notice in emergency situations shall be determined in accordance with § 362-9.
Any unit subject to regulation under this article.
The plan required to be filed by the owner or agent pursuant to § 362-7E(4)
The permit issued to the owner or agent of regulated units
under this article, which is required for the lawful letting and occupancy
of regulated units.
A room which is let and which is occupied by persons who
share certain facilities in common with the owner and/or with other
occupants of the dwelling, boardinghouse, rooming house or multiple
dwelling in which the let rental is located.
Any parent of, legal guardian of or other adult legally responsible
for any minor individual (under 18 years of age) who would be considered
an occupant for purposes of this article. All minor occupants shall
provide the name of the responsible party to the owner or agent of
the regulated unit at the time of the entry into a particular lease
or rental agreement, and the owner or agent shall provide this information
to the Borough.
The revocation described in § 362-10C(3) of this article.
A building, other than a fraternity house, sorority house,
hotel or a motel, in which building the owner provides rooms for lodging
of individuals.
Any room or group of rooms located within a rooming house
forming a single habitable unit used or intended to be used for living
or sleeping purposes.
An individual who is enrolled at a university, college or
trade school and whose primary occupation is as a student or who is
on a semester or summer break from studies at a college, university
or trade school or any combination of such persons. The term "student"
shall not apply to students who have completed a bachelor or equivalent
degree or persons enrolled in a single course at a time. The residents
of a student home may or may not live as a single housekeeping unit.
A living arrangement for at least two students, up to a maximum
of three students (as defined in this article) and who are unrelated
to each other by blood, marriage or legal adoption. The term "student
home" shall not include dormitories owned or operated by an institution
of higher education, fraternity house, or sorority house. The term
"student home" shall be used interchangeably with the term "student
rental." This term shall not include one or more students living in
the same dwelling as their parent(s). This term shall not be used
to regulate any residential uses owned or operated by a college or
university or be considered an "institutional use."
The suspension described in § 362-10C(2) of this article.
Any apartment, rented room, rooming unit, boardinghouse,
rooming house, multiple dwelling or other dwelling unit or dwelling,
or any room or portion thereof that is offered for let.
B.
Word usage.
(1)
Whenever the words "dwelling," "dwelling unit," "multiple dwelling,"
"boardinghouse," "rented room," "rooming house," "rooming unit," "apartment,"
"regulated unit," "unit," and "premises" are used in this article,
they shall be construed as though they were followed by the words
"or any part thereof."
(2)
Tense, gender and number. Words used in the present tense include
the future; words used in the masculine gender include the feminine
and the neuter; the singular number includes the plural, and the plural,
the singular.
A.
Application.
(1)
No person shall operate or let to another for occupancy any unit,
unless such person shall first apply for and obtain annually a rental
permit issued by the Code Enforcement Officer which includes inspections
for safety as prescribed by separate ordinance.
(2)
No rental permit shall be issued or renewed unless such applicant designates in writing to the Code Enforcement Officer the name of said owner's agent for the receipt of service of notice of violation of the provisions of this article and scheduling of inspections pursuant to separate ordinance and for service of process pursuant to the provisions of this article and accurately and truthfully provides all of the information required by the rules and regulations referenced in § 362-4A and § 362-7, Responsibilities of owner and agents, of this article.
(3)
Exceptions. There shall not be any acceptable exceptions to the behavioral
standards of this article. Rental ordinance provisions shall apply
to any and all occupants who are not the owner of the property by
at least 51% ownership regardless of family status.
B.
Rental permits shall be issued for the period of one permit year.
Upon expiration of any rental permit, a new rental permit shall be
required for a further period of one permit year.
C.
Rental permits for less than the full permit year will not be issued
at the beginning of the permit year but at the time of permit issuance.
All rental permits shall have as their termination date the 31st day
of December next occurring.
D.
Every rental permit issued under this article shall be maintained
in the regulated unit and shall be posted in a conspicuous location
in the entryway of every permitted regulated unit in such a way as
to minimize tampering and removal and in such a way that it may be
seen at all times. In addition, the Borough shall maintain a copy
of the rental permit in the property file located at Borough Hall.
E.
Rental permit applications for student homes must include evidence of compliance with § 362-4 of this article.
F.
Rental permits shall not be transferable in the event of a change
in ownership of the regulated unit.
G.
Rental permits or permits previously issued and applications previously
filed under the previous enactment of the rental unit regulations
within the Borough shall be treated as being issued under this article.
A.
In addition to zoning regulations concerning student homes, the following
provisions shall apply to those units housing persons defined as students
within this article. The provisions of this article shall apply in
all zoning districts. Further, in all districts, the occupancy of
dwellings shall be regulated according to the definition of "family."
Therefore, no more than three unrelated persons may occupy a dwelling
unit, whether for rental use or general occupancy.
B.
A student home shall meet the same regulations that apply to all
rental units, in addition to the specific regulations set forth in
this section.
C.
The owner of any student home shall register its location with the
Code Enforcement Officer upon application for a rental permit.
D.
Student homes must have one off-street parking space for each occupant.
Adequate parking in compliance with this article must be demonstrated
at the time of application for a rental permit commencing December
31, 2012.
E.
In the event that the owner of student home fails to maintain a current
rental permit, said dwelling unit shall be considered in violation
of this article and the Code Enforcement Officer and/or Zoning Administrator
may initiate condemnation proceedings pursuant to the terms of the
Borough's Property Maintenance Code.[1]
Article II, Inspection; Registration; Rental Occupancy Permits, shall govern inspections and any previous ordinance is repealed in its entirety, except to the extent that there are any open DCR's or any penalties were provided under the previous ordinances.
A.
The Borough Council may, by resolution, adopt from time to time fees
and charges applicable to this article. Such fees and charges may
include, but are not limited to, the following:
(1)
The amount of the annual fee for the permit year shall be $100 to
be paid at the time of filing an application for a rental permit.
Annual fee shall cover review and initial inspection and one follow-up
inspection, if required as well as the permit issuance.
(2)
Any owner or agent who fails to renew an expired rental permit within 10 days after the expiration date of the rental permit shall, in addition to the fines provided for in § 362-10A of this article, be subject to a fee of $50 or as established by Borough resolution from time to time for each and every additional ten-day period or part thereof during which the expired rental permit is not renewed and the regulated unit continues to be used for purposes subject to regulation under this article.
(3)
Fees to be imposed for failure to permit an inspection at a time
agreed upon in advance by the owner or agent and the Code Enforcement
Officer and confirmed in writing by the Code Enforcement Officer.
Fee shall be $50 or as established by Borough resolution from time
to time for failure to schedule or for each missed appointment, unless
owner/agent notifies the Borough at least 24 hours in advance.
B.
No fee shall be required in connection with the issuance of a rental
permit in the following circumstances:
(1)
When the owner or agent is the United States government, the Commonwealth
of Pennsylvania, the Borough of Kenhorst or any agency thereof.
(2)
When the owner or agent is a non-individual person organized and
operated exclusively for religious or charitable purposes, and provided
further, that no part of the net earnings or profits of any such non-individual
person shall inure to the benefit of any officer, director shareholder,
partner, trustee, beneficiary or principal thereof or to any other
person, other than solely for charitable purposes.
A.
Whosoever, as owner or agent, lets or holds out to let any unit subject
to the provisions of this article, shall supply the Code Enforcement
Officer with the following information:
(1)
The street address and mailing address (if different from the street
address) of each such unit.
(2)
The number of units for let in any dwelling, rooming house or boardinghouse,
which number shall in no event exceed the number of such units provided
for on the rental permit issued to the owner or agent on behalf of
the owner.
(3)
The name of each person occupying each such unit.
(4)
The period of time for which the unit is let.
B.
Such information shall be supplied to the Code Enforcement Officer annually in writing, in such form as may be prescribed in accordance with § 362-6 of this article. Such information pertaining to any unit shall also be supplied in writing to the Code Enforcement Officer, in such form as may be prescribed in accordance with § 362-9 of this article, within 10 days after the occupancy of any such unit changes.
C.
The owner of any unit required to obtain a rental permit pursuant
to the requirements of this article shall designate a person to serve
as the owner's agent. The owner or agent shall be legally responsible
for operating each unit in compliance with all provisions of this
article and the performance codes, the rental permit issued relating
to the maximum number of persons that may occupy such regulated unit
and all other provisions of this article. The agent shall reside either
within such premises where the regulated unit is located or within
a five-mile radius thereof. The owner of the regulated unit may also
serve as the agent, if such owner resides within the premises where
the regulated unit is located or within a five-mile radius of the
territorial boundary of the Borough of Kenhorst or if such owner resides
more than five miles from the territorial boundary of the Borough
of Kenhorst but has a place of business within the Borough of Kenhorst
and is present at the place of business during normal business hours.
For purposes of this section, "normal business hours" shall mean the
period of time commencing at 9:00 a.m. and continuing through and
including 5:00 p.m., prevailing time, Monday through Friday, except
legal holidays, throughout the calendar year. In the absence of the
owner, the agent shall be responsible for providing access to such
regulated unit so as to permit the Code Enforcement Officer to make
inspections thereof. The agent shall be an individual not less than
18 years of age. The name, address and phone numbers of the owner
and agent shall be posted in a conspicuous place within the regulated
unit.
D.
The owner of any regulated unit shall, within 10 days of becoming
such owner and thereafter annually, furnish in writing the following
information to the occupants and to the Code Enforcement Officer:
E.
Regulation of occupant conduct and activities.
(1)
The owner or agent of any regulated unit shall be responsible for
assuring that the conduct and activities of the occupants of every
regulated unit which the owner or agent owns in the Borough of Kenhorst,
which conduct or activity takes place at such regulated unit or its
premises, is in compliance with this article. In order to achieve
those ends, every owner or agent of a regulated unit shall take appropriate
contractual and enforcement action to cause the conduct and activities
of the occupants thereof to comply with this article.
(2)
Where an owner or agent does not manage the use of common areas of
the premises and the behavior of occupants and guests in the common
areas by appropriate contractual and enforcement action, the owner
or agent shall be directly responsible for the behavior of occupants
and guests in common areas of the premises as if the owner or agent
were an occupant.
(3)
Within five business days after the receipt of written notice from the Code Enforcement Officer that a DCR has been issued as a result of an occupant of a regulated unit having violated a provision of this article, the owner or agent shall notify the occupants of the regulated unit of the issuance of the DCR and its contents, utilizing a form letter provided with such written notice, such form letter to be in such form as is approved in accordance with § 362-5 of this article. A copy of such form letter issued by the owner or agent to the occupants shall be delivered to the Code Enforcement Officer within such five business-day-period. Failure by the owner or agent to comply with the foregoing provisions of § 362-7E(3) shall constitute sufficient grounds for the issuance to the owner or agent by the Code Enforcement Officer of an additional DCR and additional penalties and/or enforcement actions.
(4)
Remedial plan.
(a)
Within 10 business days after the receipt of a written notice from the Code Enforcement Officer that a DCR has been issued as a result of an occupant or owner or agent of a regulated unit having violated a provision of this article, the owner or agent shall file with the Code Enforcement Officer a remedial plan, on such form as is approved in accordance with § 362-4 of this article, which shall, at a minimum, state the following:
(b)
The Code Enforcement Officer shall review the report, and, if
the Code Enforcement Officer determines that adequate steps have been
taken or are proposed to be taken and the remedial plan is adequate
to address future violations, the Code Enforcement Officer shall,
within 10 business days after receipt of the remedial plan, approve
the remedial plan or reject the remedial plan and issue written notice
thereof to the owner or agent. The owner or agent shall, on his or
her initiative, enforce the remedial plan. Failure to enforce the
remedial plan diligently shall be a violation of this article. If
the Code Enforcement Officer determines that the remedial plan should
not be approved and rejects the remedial plan, written notice thereof
shall be issued to the owner or agent, and within 10 business days
of receiving such notice the owner or agent shall refile a remedial
plan which addresses the deficiencies found by the Code Enforcement
Officer. The owner or agent may appeal the Code Enforcement Officer's
rejection of the remedial plan to the Housing Appeals Board.
(5)
This section shall not be construed as diminishing or relieving,
in any way, the responsibility of the occupants, responsible parties
and/or their guests for their conduct or activity, nor shall it be
construed as an assignment, transfer or projection over or onto any
owner or agent of any responsibility of the occupants, any responsible
parties or their guests for their conduct or activity, nor shall it
be construed as an assignment, transfer or projection over or onto
any owner or agent 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 section be construed so as to require
an owner or agent to indemnify or defend the occupants, any responsible
party or their guests when any such action or proceeding is brought
against the occupant based upon the occupant's conduct or activity,
nor to, in and of itself, impose any liability for negligence based
upon any act or omission of the owner or agent. Nothing herein is
intended to impose any additional civil/criminal liability upon owner
or agent other than that which is imposed by other laws or judicial
decisions or that which is imposed by this article. This section is
not intended to, nor shall its effect be, to limit any other enforcement
remedies which may be available to the Borough of Kenhorst against
an owner or agent, occupant or guest thereof.
F.
Leases. Regulated units shall only be let pursuant to an agreement
or lease.
(1)
All rental agreements and/or leases for the rental of regulated units
shall be in writing and shall be supplemented with the addendum attached
hereto as Exhibit A.[1] No oral agreements or leases and no oral modifications
of agreements or leases are permitted. All information required to
be given to occupants and responsible parties by the owner or agent,
pursuant to this article and/or the Pennsylvania Landlord and Tenant
Act,[2] shall be furnished before the signing of the agreement or lease. The owner or agent shall provide the occupant and responsible party with copies of the rental agreement or lease and addendum upon execution. Exhibit A shall not be submitted to the Borough of Kenhorst unless requested pursuant to Subsection F(3) below.
(2)
Commencing with the effective date of this article, this article
shall be available for purchase in the Borough Office and may be made
available by other appropriate means, such as electronically at the
Borough's website. Where a rental agreement or lease has been
entered into prior to the effective date of this article, the owner
or agent shall make the occupant aware of this article within 30 days
thereafter.
(3)
The owner or agent shall secure a written acknowledgement from the
occupant at the time of signing the rental agreement or lease that
the occupant has received the information required by this article
on a form approved in accordance with this section and which shall
contain an acknowledgement of receipt of the information by the occupant
and any responsible party. Upon request by the Code Enforcement Officer,
the owner or agent, within 10 business days of the request, shall
furnish to the Code Enforcement Officer two copies of said acknowledgement
and copies of the rental agreement(s) or lease(s) the owner or agent
has entered into for regulated units.
G.
The owner or agent shall ensure that the regulated unit and the premises
upon which the regulated unit is located comply at all times with
the performance codes.
H.
The owner or agent shall reply promptly to reasonable complaints
and inquiries from occupants.
I.
The owner or agent shall comply with all provisions of the Landlord
and Tenant Act of the Commonwealth of Pennsylvania.
J.
All notices served upon the owner or agent by the Code Enforcement
Officer or the Housing Appeals Board shall be conspicuously posted
by the owner or agent within the unit to which the notice applies.
A.
Peaceful enjoyment. The occupants of a regulated unit shall each
conduct themselves and require other persons, including, but not limited
to, guests on the premises and within the regulated unit with the
occupant's consent and consistent with agreements and leases
in effect, to conduct themselves in a manner that will not disturb
the peaceful enjoyment of the premises by others, and that will not
disturb the peaceful enjoyment of adjacent or nearby premises by the
persons occupying the same.
B.
Illegal activities. The occupant shall not engage in, nor tolerate
nor permit others on the premises to engage in, any conduct declared
illegal under the Pennsylvania Crimes Code (18 Pa. C.S.A. § 101
et seq.) or Liquor Code (47 P.S. § 1-101 et seq.) or the
Controlled Substance, Drug, Device and Cosmetic Act (35 P.S. § 780-101
et seq.).
C.
Disruptive conduct. It shall be a violation of this article for any
occupant or any other person to engage in disruptive conduct, as defined
in this article, on the premises of a regulated unit. When police
or the Code Enforcement Officer investigate an alleged incident of
disruptive conduct occurring in or about a regulated unit, the investigating
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 in this article. The information filled
in on said report shall include, to the extent possible, the identity
or identities of the alleged perpetrator(s) of the disruptive conduct
and all other obtainable information, including the factual basis
for the disruptive conduct, as requested on the prescribed form. Where
the police make such investigation, said police officer shall then
submit the completed disruptive conduct report to the Code Enforcement
Officer. In all cases, the Code Enforcement Officer shall mail a copy
of the disruptive conduct report to the owner or agent of the regulated
unit in question within five business days of the occurrence of the
alleged disruptive conduct, notwithstanding whether the person making
the investigation on behalf of the Borough of Kenhorst is the Code
Enforcement Officer or the police. The Code Enforcement Officer may
also mail a copy of the disruptive conduct report to other appropriate
parties.
D.
In addition to all obligations imposed upon occupants by this article,
occupants of regulated units shall comply with all other applicable
codes and ordinances of the Borough of Kenhorst and all other applicable
laws of the Commonwealth of Pennsylvania and the United States of
America.
E.
The occupant of a regulated unit shall comply with all lawful provisions
of the rental agreement and/or lease entered into between owner or
agent and occupant.
F.
The occupant of a regulated unit shall not intentionally cause, nor
permit nor tolerate others to cause, damage to the premises. Conduct
which results in damage to a property may be considered a violation
of this article and/or the performance codes and may be subject to
a DCR.
G.
The occupant of a regulated unit shall permit inspections of the
premises by the Code Enforcement Officer at reasonable times and upon
reasonable notice.
H.
It shall be a violation of this article for any person to remove
or deface any notice, placard or document required to be posted within
a regulated unit, and it shall be unlawful for any person to occupy
the regulated unit unless all notices, placards and documents are
posted as required by this article.
A.
Whenever the Code Enforcement Officer believes, or has cause to believe,
that there is a violation of the provisions of this article or any
rule or regulation adopted pursuant to it, including by virtue of
the issuance of a DCR, the Code Enforcement Officer shall give notice
of the violation. Such notice shall:
(1)
Be in writing and shall state the place and manner of the violation,
including the address of the specific regulated unit in question.
(2)
State the nature or condition of the violation.
(3)
State the determination of the investigating officer with respect
to the violation, including a conspicuous statement that a DCR was
issued or whether the DCR includes performance code violations or
involves other criminal or legal ramifications.
(4)
State the name of the person who he deems responsible therefor, together
with name of the owner of the premises involved and any agent for
the owner.
(5)
State the date of the notice and the number of days allowed for compliance
with it.
(6)
Be served upon the owner or agent of the premises involved, any relevant responsible party appearing in the records of the Code Enforcement Officer, and all other persons, if any, named in the notice pursuant to Subsection A(4), and any notice served upon the owner or agent and such other person or persons, if any, personally or by certified or registered mail, return receipt requested, sent to the last known address of such owner or agent and such other person or persons, if any, and by posting the same in a conspicuous place in or about the premises affected by the notice, shall be deemed to have been properly served.
(7)
The notice may, in addition, contain any other pertinent data, information
or statements which the Code Enforcement Officer deems appropriate.
B.
Any person affected by a notice of violation, determination or order issued by the Code Enforcement Officer or affected by any rule or regulation adopted pursuant to this article (except the establishment of fees as set forth herein) may appeal said notice, determination, order, rule or regulation to the Housing Appeals Board. The filing of such appeal shall not stay the violation, except in the case of appeals of enforcement or disciplinary action pursuant to § 362-10 of this article.
C.
Except as otherwise provided relative to the regulation of student homes, whenever the Code Enforcement Officer determines that an emergency condition exists as a result of a violation of this article which requires immediate action to protect public health and/or safety, he may issue an order declaring the existence of such emergency and requiring action to be taken to remedy such emergency; including but not limited to Borough intervention for cleanup or condemnation of the property. Such emergency order shall be effective immediately upon issuance. Any person to whom such order is directed shall comply therewith immediately. However, such person may file an appeal to the Housing Appeals Board as hereinabove provided for in Subsection B of this section, but such appeal shall not serve as a supersede as to the Code Enforcement Officer's emergency order. In the case of any emergency repairs or cleanup by the Borough, a lien may be placed on the property without notice or further invoicing of the costs of the same after a single invoicing requiring payment within 10 days.
D.
Notwithstanding the requirements of Subsection A of this section, if the Code Enforcement Officer determines or has reason to believe that a violation of this article exists concerning the health, safety, welfare or occupancy of the premises, he may proceed, without giving the notice provided for in Subsection A of this section, to cause a citation to be issued to the owner or agent and, in the case of violations involving occupancy as more particularly set forth in § 362-7E of this article, to the agent of the unit which the Code Enforcement Officer determines or has information to reasonably believe is in violation of the provisions of this article or any rule or regulation adopted pursuant to it.
A.
Any person who violates or fails to comply with any of the provisions of this article or any order, notice, rule or regulation issued or made in connection herewith shall, upon an unappealed violation as set forth in § 362-9 of this article or upon conviction thereof after an appeal, pay a fine of not less than $50 nor more than $1,000 and, in default of the payment thereof, shall undergo imprisonment in the Berks County Prison for a period not exceeding 30 days.
B.
Every violation of this article shall constitute a separate offense, and each day such violation exists shall constitute a separate offense. In the event that any regulated unit is occupied by more than the maximum number of persons allowed by and listed on the rental permit issued in accordance with § 362-3 of this article, then each day of occupancy by each such person in excess of such maximum number of occupants shall constitute a separate offense under this article. It shall be a violation of this article to let a unit subject to regulation under this article after nonrenewal, suspension and/or revocation of a rental permit pursuant to Subsections C through E of this section.
C.
Disciplinary actions. Subject to the procedure set forth in Subsection A of this section, the Code Enforcement Officer may initiate the disciplinary actions set forth in this section against an owner or agent with respect to a regulated unit for any of the reasons set forth in Subsection D of this section:
(1)
Nonrenewal. The denial of the privilege to apply for rental permit
renewal for a regulated unit after expiration of the permit term.
The owner shall be permitted to maintain occupants in the regulated
unit in question until the end of the current permit term, but the
Code Enforcement Officer shall not accept applications for renewal
of the rental permit until the expiration of the time set by the Housing
Appeals Board.
(2)
Suspension. The immediate loss of the privilege to let the regulated
unit for a period of time set by the Code Enforcement Officer or the
Housing Appeals Board. The Code Enforcement Officer may suspend only
until the matter can be scheduled for the next possible Housing Appeals
Board meeting, at which meeting the Housing Appeals Board shall consider
the propriety of the suspension and set the period of time for its
duration, if it is to be continued. The owner or agent, after the
expiration of the suspension period, may apply for rental permit renewal
for the regulated unit without the need to show cause why the owner
or agent's privilege to apply for a rental permit should be reinstated.
Upon suspension, the owner or agent shall take immediate steps to
evict the occupants of the regulated unit in question.
(3)
Revocation. The immediate loss of the privilege to let the regulated
unit for a period of time set by the Code Enforcement Officer or the
Housing Appeals Board and the loss of the privilege to apply for renewal
of the rental permit at the expiration of said time period. The Code
Enforcement Officer may revoke only until the matter can be scheduled
for the next possible Housing Appeals Board meeting, at which meeting
the Housing Appeals Board shall consider the propriety of the revocation
and set the period of time for its duration, if it is to be continued.
Upon the loss of the privilege to let, the owner or agent shall take
immediate steps to evict the occupants of the regulated unit in question.
D.
Grounds for imposing discipline.
(1)
Actions subject to discipline.
(a)
Any of the following may subject an owner to discipline as provided for in Subsection C:
[1]
Failure to abate a violation of the performance codes and/or
this article applicable to the premises within the time directed by
the Code Enforcement Officer.
[2]
Refusal to permit the inspection of the premises by the Code
Enforcement Officer as required by this article.
[3]
Failure to take such actions as may be required or necessary
to cause any open DCR to be deemed a closed DCR by the Code Enforcement
Officer by the end of the permit year in which the DCR was issued,
including, but not limited to, failure to respond to notice of a DCR
or failure to perform an approved remedial plan in any material respect.
[4]
Failure to remedy and prevent further violations of this article,
other than with respect to disruptive conduct.
(b)
For purposes of this subsection, there need be no criminal conviction
before a violation can be found to exist.
(2)
No discipline involving nonrenewal, suspension and/or revocation
shall be permitted unless the discipline has been preceded by the
issuance of a notice of violation permit.
E.
Criteria for application of discipline.
(1)
With respect to the issuance of a DCR, the Code Enforcement Officer,
when considering which of the discipline options to utilize as set
forth in this section, and the Housing Appeals Board, when deciding
any discipline matter under this section, shall consider the following:
(a)
The effect of the violation on the health, safety and welfare
of the occupants of the regulated unit and other residents of the
premises.
(b)
The effect of the violation on the neighborhood.
(c)
Whether the owner has a record of prior violations of this article
and other ordinances of the Borough of Kenhorst or has received notices
of violations as provided for in this article, whether or not related
to the regulated units in question. In this regard, no closed DCR
(and any enforcement actions related thereto) shall be considered.
(d)
Whether the owner has been subject to prior discipline under
this article. In this regard, no closed DCR (and any enforcement actions
related thereto) shall be considered. The prior issuance of a formal
warning in connection with the open DCR shall be considered.
(e)
The effect of disciplinary action on the occupants.
(f)
The action taken by the owner or agent to remedy the violation
and to prevent future violations, including any approved remedial
plan submitted by the owner or agent in response to a DCR with respect
to any open DCR.
(g)
The suitability of the policies and rental agreement or lease
terms employed by the owner or agent to manage the regulated unit
to enable the owner or agent to comply with the provisions of this
article.
(2)
In addition to applying discipline as set forth in this section relating
to a DCR, the Code Enforcement Officer may recommend and the Housing
Appeals Board may impose upon the existing permit [or subsequent permit(s)
with respect to the performance codes] reasonable conditions related
to the regulated unit in question for the purpose of fulfilling the
goals of this article.
F.
Procedure for nonrenewal, suspension or revocation of permit.
(1)
Following a determination that grounds exist for a formal warning
or for nonrenewal, suspension or revocation of a rental permit, the
Code Enforcement Officer shall notify the owner or agent of the action
to be taken and the reason therefor. Such notification shall be in
writing, addressed to the owner or agent, and shall contain the following
information:
(a)
The address and identification of the particular regulated unit(s)
affected.
(b)
A description of the violation which has been found to exist.
(c)
A statement that the owner or agent will receive a formal warning,
or that the rental permit for the affected regulated unit(s) will
be subject to suspension or revocation or nonrenewal for the next
permit year beginning August 1. In the case of a suspension or revocation,
the notice shall state the date upon which such suspension or revocation
will commence, and in the case of a suspension, the notice shall also
state the duration of the suspension.
(d)
A statement that, due to the nonrenewal, suspension or revocation
(as the case may be) of the rental permit, the owner or agent or any
person acting on the owner's behalf is prohibited from letting
or permitting occupancy of the affected regulated unit(s) from and
during the period said disciplinary action is in effect for, at minimum,
one year.
(e)
A statement informing the owner or agent of the owner's
right to appeal the decision to issue a formal warning or to subject
the rental permit in question to suspension, revocation or nonrenewal
to the rental permit Appeals Board, as provided in this article.
G.
In addition to any other remedy, discipline or enforcement action
provided for in this article, the Borough may enforce this article
by pursuing a civil action, including an action in equity or other
equitable injunctive relief, including therewith:
(1)
The decision by the Borough to pursue any such action shall not be
deemed an election of remedy so as to preclude other enforcement,
disciplinary or other remedies available to the Borough for enforcement
of this article; and
(2)
In the Borough's pursuit of any such action, a prima facie showing
of a violation of any final, unappealable enforcement or disciplinary
action or final, unappealable Housing Appeals Board order shall be
sufficient to satisfy any legal requirement that the Borough demonstrate
irreparable harm as a prerequisite to obtaining injunctive relief.
[Adopted 9-1-2016 by Ord.
No. 578[1]]
[1]
Editor's Note: This ordinance also provided: "All ordinances
or parts of ordinances conflicting with the provisions of this ordinance
are hereby repealed insofar as they are inconsistent with this ordinance.
However, all existing notices of violations and penalties that may
be outstanding are not repealed or withdrawn."
The Borough of Kenhorst is experiencing an increase in rental
housing throughout all zoning districts in the Borough. The Borough
wants to ensure that these dwelling units are safe, sanitary and fit
for human occupation and use. In order to effectively and efficiently
ensure that the dwelling units are safe, sanitary and fit for human
occupation and use, the Borough Code Enforcement Officer must perform
inspections annually of such dwelling units and annually such units
shall obtain a rental permit from the Borough.
As used in this article, the following terms shall have the
meanings indicated:
The Borough of Kenhorst, Berks County, Pennsylvania.
Any person or third-party agency specifically designated
as such by the Borough Council to enforce this article, and shall
include the duly authorized representatives of said Code Enforcement
Officer.
Any building or structure, except temporary housing, which
is wholly or partly used or intended to be used or available for use
or available to be used for living or sleeping by human occupants.
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 or available for use or available to be used for
living or sleeping.
Any dwelling containing two or more dwelling units.
Any person who alone, jointly or severally with others, shall
have:
Legal or equitable title to any dwelling or dwelling unit, with
or without accompanying actual possession thereof, which shall include
corporate entities;
Charge, care or control of any dwelling or dwelling units as
owner or agent of owner, or as executor, administrator, trustee or
guardian of the estate of the owner; or
Any person who, individually or as a corporation, who is the
owner-of-record by either deed or other instrument filed in the Recorder
of Deeds in and for Berks County, of a majority interest in a property.
For purposes of this article, "majority" shall mean at least 51%.
For purposes of this article, equitable ownership shall not be construed
to be actual ownership.
A rental occupancy permit issued by the Code Enforcement
Officer.
Any individual, firm, corporation, association, partnership
or other entity.
Any dwelling, or part thereof, containing one or more rooming
units, in which space is let by the owner or operator to three or
more persons, who are not the husband, wife, son, daughter, mother,
father, sister or other of the owner or operator.
The inspections of all rental properties shall be in accordance
with the provisions of the version of the Property Maintenance Code
observed by the Borough as updated and amended from time to time.[1] The Code Enforcement Officer shall administer and enforce
the provisions of this article and may make rules and regulations
necessary for its administration, including notice of entry for inspection,
permit forms and similar administrative regulations. At a minimum,
all rental properties shall maintain appropriate fire-suppression
systems, safe ingress and egress, general property maintenance and
observance of the codes of the Borough. Such rules and regulations
shall not be in conflict with this article and shall be submitted
to the Borough Council for approval. If the rules and regulations
so submitted to Borough Council are approved by Borough Council, the
same shall be filed in the office of the Code Enforcement Officer
and in the office of the Secretary of the Borough as an addends to
this article. Such rules and regulations as may be adopted shall then
be deemed to be a part of this article and to have the same effect
as this article.
A.
The Code Enforcement Officer is authorized and directed to make,
at a minimum, inspections annually to determine the condition, occupancy
and/or use of any dwelling or dwelling unit rented or available for
let or any rooming house, and the premises thereof, located within
the Borough in order to safeguard the health and safety of the occupants
thereof and the general public. In the event more frequent inspections
are needed, the Code Enforcement Officer shall provide notice to the
owner of the dwelling unit and shall make all rental permits contingent
upon satisfactory inspection protocol. The Code Enforcement Officer
is further authorized to enter the same for the purposes of examining
and surveying all areas of any such dwelling, dwelling unit or rooming
house, at reasonable times, which shall be deemed to be between the
hours of 7:00 a.m. and 5:00 p.m., prevailing time. Every owner or
occupant of any such dwelling, dwelling unit or rooming house shall
extend the Code Enforcement Officer access to such dwelling, dwelling
unit or rooming house for the purpose of making any inspection, examination
or survey thereof.
B.
In the event that permission to enter any such dwelling, dwelling
unit or rooming house for the purpose of inspection, examination or
survey is denied, the Code Enforcement Officer may apply to the appropriate
authority for a search warrant. In addition to the search warrant
provisions of this section, the refusal to permit entry shall be considered
a violation of this article for both the owner and the occupant of
the unit.
C.
"Probable cause" shall mean:
(1)
That inspection of said dwelling unit is part of a routine area inspection
being conducted as part of a systematic or concentrated codes enforcement
program;
(2)
That the affiant has knowledge of a violation of housing or health
codes or other Borough codes that may endanger or otherwise affect
the health and safety of the citizens of the Borough; or
(3)
That said entry is for the purpose of reinspecting a previous notice
of violation where not prior warrant was issued.
D.
A warrant shall not be required:
A.
Whoever, as owner or agent, rents or holds out to let any dwelling
unit, rooming unit or other living unit, which shall be considered
to be a rental unit when any person lives in the unit who is not an
owner of at least 51% of the property interest or is an owner of less
than 51% of an entity who owns the title to the property is subject
to the provisions of this article and shall supply the Code Enforcement
Officer with the following information:
(1)
The street address and mailing address (if different from the street
address) of any such dwelling, rooming house or boarding house.
(2)
The number of dwelling units, rooming units or other living units
located within said dwelling, rooming house or boarding house, which
number shall in no event exceed the number of such units provided
for on the housing permit issued to the owner or agent on behalf of
the owner.
(3)
The name of each person occupying each dwelling unit, rooming unit
or other living unit.
(4)
The period of time for which the rental is made.
B.
Such information shall be supplied to the Code Enforcement Officer
annually and, in addition, updated information pertaining to any dwelling
unit, rooming unit or other living unit shall also be supplied to
the Code Enforcement Officer within 10 days after the occupancy of
such dwelling unit, rooming unit or other living unit changes.
A.
Rental occupancy permit ("rental permit"). No owner and/or person
shall let, rent or have available to let or rent or cause to be occupied
any dwelling or dwelling unit, and no owner and/or person shall operate
a rooming house or let or have available for operation for leasing
to another for occupancy any room in a rooming house, without first
obtaining a rental occupancy permit issued by the Code Enforcement
Officer.
B.
Fees.
(1)
Annual permit fees shall be determined and set from time to time
by resolution of the Borough Council. Such fee must be paid in full
to the Borough not later than January 31 of each year. Any annual
permit fee not paid to the Borough in full on or before January 31
of the year in which it is first due shall be considered overdue and
will be assessed a penalty of $200 per year per unit.
(2)
The Code Enforcement Officer may permit owners or agents who are
required to obtain permits under this article to obtain such new permits
for 1/2 of the prescribed fee when the remaining permit period is
less than six months. Permits for less than the full permit period
will not be issued at the beginning of a permit period.
C.
Exempt persons. No fee shall be required of an owner who is one of
the following:
(1)
The United States Government, the Commonwealth of Pennsylvania, the
County of Berks, the Borough of Kenhorst, the Governor Mifflin School
District, or any agency thereof.
(2)
A corporation or association organized and operated exclusively for
religious, charitable, or for one or more such purposes, provided
that no part of the net earnings or profits inure to the benefit of
any private shareholder or person.
D.
Effective date of permit. Permits shall be issued to be effective
as of the first day of January each year and shall continue in effect
for one calendar year. Upon expiration of any permit, a new permit
shall be required for the further period of one year.
E.
Display of permit. Every permit issued under this article shall be
maintained upon the premises and every permit issued under this article
pertaining to multiple dwelling units and rooming houses shall be
posted in a conspicuous place where it may be seen at all times; and
the same shall not be transferable in the event of a change in ownership
of the licensed premises.
F.
Number of units. For the purpose of determining the number of units
or rooms to be included in a permit, the following definitions shall
apply:
(1)
Efficiency apartments and rented rooms used for purposes other than
sleeping shall be considered a dwelling unit.
(2)
Any apartment unit or room occupied by the owner-operator of the
multiple dwelling unit or rooming house shall be excluded from the
total number of units or rooms.
(3)
All buildings which are owned by the same person and are under the
same roof or connected by breezeways, passageways or similar connection
facilities, or which are constructed upon contiguous sites and operated
as one complex of units, may be combined to determine the total number
of units or rooms.
When a rental permit is issued to the owner or agent on behalf
of the owner of a unit, such permit shall constitute notice to such
owner or agent of the maximum number of persons that may lawfully
occupy the unit and the residential uses therefor.
A.
For the purpose of determining the number of units or rooms and the
maximum number of occupants of a regulated unit to be included in
a rental license, the following shall apply:
B.
Any apartment or room occupied as a dwelling unit by the owner of
a boardinghouse shall be excluded from the total number of units or
rooms.
C.
All buildings which are owned by the same person and which are under
the same roof or connected by breezeways, passageways or similar connecting
facilities or which are constructed upon contiguous sites and operated
and managed as one complex of units may be combined to determine the
total number of units or rooms.
D.
Each rental permit issued shall set forth the maximum number of occupants
permitted to occupy the regulated unit, determined by reference to
and in accordance with performance codes.
Any owner or agent who, upon receipt of a rental permit, disputes the use and/or maximum occupancy listed thereon, may request in writing a meeting concerning such use and/or occupancy with the Code Enforcement Officer, such request to be filed within 10 business days after receipt of the rental permit. If the dispute cannot be resolved in the aforesaid meeting with the Code Enforcement Officer, the owner or agent may appeal to the Housing Appeals Board, in which case such appeal period shall commence on the day of such meeting; provided, however, that any appeal of any aspect of a rental permit which sets forth a determination pursuant to Chapter 475, Zoning, as amended from time to time.
A.
No rental permit shall be issued until the rental unit and the premises upon which the rental unit is located have been inspected by the Code Enforcement Officer and the rental unit and the proposed use thereof have been found to be in compliance with performance codes; provided, however, that no inspection shall be required prior to the receipt of an application for a rental unit, the application for which is made by the owner of the rental unit within 30 days after becoming the owner of the premises and so long as there is not outstanding in the records of the Code Enforcement Officer any unresolved violations or inspection requests pertaining to the regulated unit. If any deficiencies as set forth under Chapter 341, Property Maintenance, Article III, Adoption of Standards, as amended, are detected during inspection, no rental permit shall be issued until such deficiencies are corrected, as confirmed by subsequent inspections by the Code Enforcement Officer.
B.
In addition to the requirements for maintenance of rental units as
set forth in the Borough's property maintenance code ordinance
and fire code ordinances, units shall also comply with the following:
(1)
There shall be no cooking facilities of any kind except for in the
central kitchen.
(2)
No basement or cellar shall be used as a habitable bedroom unless
relief is granted by the Borough's Housing Appeals Board which
shall at a minimum include proof of approved secondary source of ingress
and egress for safety.
In the event an owner or agent fails to make an application for a rental permit within 30 days after taking ownership of a property for which a rental permit shall be required, the failure of which shall constitute a daily violation of this article and shall subject the owner and agent to fines and penalties as set forth herein. Such fines and penalties may result in condemnation of a unit as set forth in Chapter 341, Article III.
All "use and occupancy" and "zoning" regulations and statutes
shall apply to rental housing within the Borough of Kenhorst.
A.
Whenever the Code Enforcement Officer believes, or has cause to believe,
that there is a violation of the provisions of this article or any
rules, regulations or codes (including but not limited to the BOCA
Codes) adopted by the Borough and related hereto, the Code Enforcement
Officer shall give notice of the violation to the person responsible
therefor, and such notice shall:
(1)
Be in writing and shall state the description and manner of the violation.
(2)
State the nature or condition of the violation.
(3)
State the determination of the Code Enforcement Officer in respect
to the violation.
(4)
State the name of the person who the Code Enforcement Officer deems
responsible therefor, together with the name of the owner and agent
of the premises involved.
(5)
State the date of the notice and the number of days allowed for compliance
with said notice.
(6)
Be served upon the owner of the premises involved and all other persons, if any, named in the notice pursuant to Subsection A(4) of this section, and any notice served upon the owner and such other person or persons, if any, personally or by certified or registered mail, return receipt requested, postage prepaid, sent to the last known address of such owner and such other person or persons, if any, and by posting the same in a conspicuous place in or about the premises affected by the notice, shall be deemed to have been properly served.
(7)
The notice may, in addition, contain any other pertinent data, information
or statements which the Code Enforcement Officer deems appropriate.
B.
Any person affected by a notice of violation, determination or order
issued by the Code Enforcement Officer or affected by any rule or
regulation adopted pursuant to this article may appeal said notice,
determination, order, rule or regulation to the Borough Council. Any
such appeal must be filed in writing with the Code Enforcement Officer
within 10 days after the receipt by the appellant of such notice,
determination or order or within 20 days after any such the issuance
of a rule or regulation. At the time of filing such appeal, the appellant
shall pay to the Code Enforcement Officer a deposit, the amount of
which shall from time to time be established by resolution of Borough
Council, to cover the costs of such appeal. The Housing Appeals Board
shall hold a public hearing on the appeal within 30 days after the
date the appeal is filed. Notice of the hearing shall be given not
less than 15 days prior to the date of the hearing to the appellant,
to the Code Enforcement Officer and to any other person who may request
such notice. At the hearing, the Housing Appeals Board shall review
the notice, determination or order of the Code Enforcement Officer
or the rule or regulations which is the subject of the appeal, take
such testimony, hear such witnesses and, by a concurring vote of the
majority of its members, shall reverse or affirm, wholly or partly,
or modify the determination appealed from and shall make such order
or decision as in its opinion should be made. Failure to secure such
concurring votes shall be deemed a confirmation of the determination
of the Code Enforcement Officer. Within 20 days after said hearing,
the Housing Appeals Board shall advise the appellant, in writing,
of its decision, and a copy of said decision shall be filed with the
Secretary of the Borough and with the Code Enforcement Officer. Decisions
of the Housing Appeals Board may be further appealed to the Court
of Common Pleas of Berks County, Pennsylvania by the appellant within
20 days after receipt of the decision of the Housing Appeals Board,
or as otherwise provided by law.
C.
Whenever the Code Enforcement Officer determines that an emergency
condition exists which requires immediate action to protect public
health and/or safety, the Code Enforcement Officer may issue an order
declaring the existence of such emergency and requiring action to
be taken to remedy such emergency. Such emergency order shall be effective
immediately upon issuance. Any person to whom such order is directed
shall comply therewith immediately. However, such person may file
an appeal to the Housing Appeals Board as hereinabove provided, but
such appeal shall not serve as a supersedeas to the Code Enforcement
Officer's emergency order.
D.
The Borough Council shall from time to time establish by resolution
the amount of the deposit to be paid by any person filing an appeal
to the Housing Appeals Board as hereinabove provided. Such deposit
shall be made to the Secretary of the Borough and shall be made at
the same time as the appeal is filed. The deposit shall be used by
the Borough to pay all costs and expenses incurred by the Borough
and the Housing Appeals Board pertaining to the appeal, which costs
and expenses shall include, without limiting the foregoing, stenographic
services, the fees of the solicitor and any other professional or
secretarial costs. In the event that such costs and expenses are less
than the amount of the deposit, than any excess shall be returned
to the appellant.
E.
Notwithstanding the requirements of § 362-14 of this article, if the Code Enforcement Officer determines or has reason to believe that a violation of this article or any other Borough ordinance exists concerning the health, safety, welfare or occupancy of the premises, the Code Enforcement Officer may proceed, without giving the notice provided for in § 362-14 of this article, to cause a citation to be issued to the owner of the dwelling, dwelling unit or rooming house which the Code Enforcement Officer determines or has information to reasonably believe is in violation of the provisions of this article, any rule or regulation adopted pursuant to it or any other applicable Borough ordinance.
F.
There is hereby created a Housing Appeals Board of the Borough consisting
of the Codes Committee of the Borough Council. In the event that an
appeal commences and the Committee members change, absent a change
due to an election, the members of Borough Council who commence a
hearing shall see it through to a decision. In the event that an election
changes the makeup of the Board and the hearing commences, the new
member(s) of the Committee shall be permitted to review any transcripts
from prior hearings in order to make a decision on the appeal application.
Such appeals shall be held pursuant to any rules and regulations of
local agency appeals.
A.
Any person who violates or fails to comply with the provisions of
this article or any order, notice, rule or regulation made in connection
herewith shall, upon conviction thereof, pay a fine of not less than
$100 nor more than $1,000 and, in default of the payment thereof,
shall undergo imprisonment in the Berks County Prison for a period
not exceeding 30 days.
B.
Every violation of this housing code shall constitute a separate
offense, and each day such violation exists shall constitute a separate
offense.
C.
Any owner who fails to renew an expired permit within 10 days after the expiration date of the permit shall, in addition to the penalties provided for in Subsection A above, be subject to a penalty of $25 for each and every additional ten-day period or part thereof during which the expired permit is not renewed. The penalties imposed by this Subsection C shall be payable to the Secretary of the Borough.
D.
Any discipline or enforcement action imposed under this article which
is in any manner related to violations of the performance codes shall
be applicable to the premises in question notwithstanding any change
in the owner or its ownership of the premises. Any discipline or enforcement
action imposed under this article with respect to any premises for
reasons other than violation of any of the performance codes shall
terminate, with respect to its applicability to such premises, upon
any conveyance and/or change in owner or its ownership of the premises
to a new owner, provided that:
