[Ord. 472 (2012-5), 12/19/2012]
This Part shall be known and may be referred to as the "Rental
Licensing, Maintenance and Inspection of Residential Rental Property
Ordinance of the Borough of Glen Rock." Such provisions of this Part
shall apply to all existing residential rental structures and constitute
the minimum requirements and standards for rental premises and to
provide for a systematic inspection program, licensing and for the
administration, enforcement and penalties for a violation thereof.
[Ord. 472 (2012-5), 12/19/2012]
1.
This Part shall be construed to secure its expressed intent, which
is to protect public safety, health and welfare of Borough citizens,
in so far as they are affected by the continued occupancy and maintenance
of rental structures and rental premises. Existing structures and
premises that do not comply with these provisions shall be altered
or repaired to provide a minimum level of health and safety as required
herein and by reference. This Part shall establish the rights and
obligations of owners and occupants of residential rental units in
the Borough and to encourage owners and occupants to maintain and
improve the quality of rental housing within the Borough.
A.
There is a growing concern in the Borough regarding the maintenance
of residential rental units.
B.
The Borough is aware that there is a greater incidence of maintenance
problems with non-owner-occupied properties as compared to owner-occupied
properties.
C.
Borough police records evidence a greater number of disturbances
at residential rental units than other properties in the Borough.
[Ord. 472 (2012-5), 12/19/2012; as amended by Ord. 490 (2017-05),
10/18/2017]
Definitions of the International Property Maintenance Code[1] are adopted in its entirety, with the addition of the
following definitions:
The Borough of Glen Rock, York County, Pennsylvania.
A person, or persons or official designated by the Borough
to enforce this Part, including the performance of inspections and
issuance of citations and violations.
Any state or local code or ordinance adopted, enacted or
in effect in and for the Borough including, but not limited to, the
International Property Maintenance Code and the codes referenced therein,
the Building Code[2] and the general nuisance ordinance and any other recommended
code, rules or regulations recommended by the Building Code or other
enforcement officer of the Borough, adopted by the Borough through
resolution.
The County of York.
Any act by an occupant of a residential rental unit or by
a person present at a residential rental unit who, while at the residential
rental unit, is involved in an incident involving public drunkenness,
consumption of an alcoholic beverage in public, public urination or
defecation, the unlawful deposit of trash or litter on public or private
property, damage to or destruction of public or private property,
the obstruction of public roads, streets, highways or sidewalks, interference
with emergency or police services, use of profane or obscene language
or gestures, indecent exposure, fighting or quarreling, or any other
act defined as disorderly conduct in the Pennsylvania Crimes Code
or which otherwise injures or endangers the health, safety or welfare
of the residents of the Borough residing in the neighborhood or vicinity
of the gathering. It is not necessary that such conduct, action, incident
or behavior constitute a criminal offense, nor that criminal charges
be filed against any person in order for said person to have perpetrated,
caused or permitted the commission of disruptive conduct, as defined
herein. Provided, however, that no disruptive conduct shall be deemed
to have occurred unless a Code Enforcement Officer or a police officer
shall investigate and make a determination that such did occur, and
keep written records, including a disruptive conduct report, of such
occurrences. The occupant and the owner and, if applicable, the manager
shall be notified of any such occurrences, in writing.
A written report of disruptive conduct to be completed by
a police officer, Code Enforcement Officer or other authorized Borough
Official who actually investigates an alleged incident of disruptive
conduct and which shall be maintained by the Borough.
A form of transient lodging in a building or facility consisting
of one room or rooms connected together constituting a separate and
independent housekeeping established for occupancy of unrelated individuals
occupying a single unit. Often used for educational institutional
settings.
Shall be considered (1) parents and children related to each
other by blood, marriage, adoption or legal foster relationship.
[Amended by Ord. No. 513, 8/17/2022]
Any dwelling or portion thereof which is designed or used
for three or more persons unrelated to each other or to any family
occupying the dwelling unit and having common eating facilities. Group
quarters shall include, but not be limited to fraternity, and sorority
houses, dormitories and other quarters of an institutional nature.
Such quarters must be associated with a parent religious, educational,
charitable or philanthropic institution.
Any person who shares a dwelling unit in a nonpermanent status
for no more than 30 days in a one-year period.
An owner or person who acts as an agent for the owner of
any parcel of real estate located in the Borough of Glen Rock or an
owner or person who acts as agent for the owner of any improvements
on real estate or any building located in the Borough of Glen Rock;
this shall include a manager of a rental unit or units.
A building designed and occupied as a residence for two or
more families living independently of each other and doing their own
cooking, including apartment houses, rowhouses or townhouses.
Any person over one year of age residing and sleeping in
a residential rental unit with the Borough.
The person(s) who holds record title and/or the equitable
owner under an agreement of sale of a property upon which a residential
rental unit is located or maintained. In the case that more than one
person owns the unit, all such persons shall have all of the rights,
duties and responsibilities of an owner under this Part.
A natural individual, unincorporated association, partnership,
corporation, estate, trust, or any other legally recognized entity
and the members of such partnership and the officers of such corporation.
A lot, plot or parcel of land, together with any improvements,
thereon erected.
Any space used for human occupancy, whether a rooming unit
or a dwelling unit, for let or rent, located within a building used
for residential use and occupancy, that is rented for human occupancy
under either a written or oral lease or other rental agreement, regardless
of the term of the rental or lease, and that is occupied by persons
other than one occupied solely by owner and members of the owner's
family, but for purposes of this Part, excluding units within the
motel or hotel rented by the day for transient occupancy. Each individual
townhouse dwelling, each individual apartment unit, each individual
unit in a multifamily building, and each rooming unit shall be considered
a separate residential rental unit. If a structure contains a rooming
unit or if any portion of the structure is let for rent, it shall
be considered a residential rental unlit whether or not the owner
or a relative of the owner also resides in the structure. A residential
rental unit includes dwelling units under lease to purchase agreements
or long-term agreements of sale (greater than six months).
A document issued by Glen Rock Borough to the owner of a
residential rental unit.
Any dwelling or that part of any dwelling containing one
or more rooming units, and/or one or more dormitory rooms.
Any room or group of rooms forming a single habitable unit
used or intended to be used for living and sleeping, but not for cooking
purposes.
[Ord. 472 (2012-5), 12/19/2012]
1.
Every owner will make tenants aware of tenant responsibilities outlined
in this section with a written copy of these items.
A.
Owner Responsibilities.
(1)
No owner or other person shall occupy or let to another person
any rental property unless it and the premises are clean, sanitary,
and in a good and safe condition, and comply with all applicable codes
and provisions of state and local laws and regulations.
(2)
Every owner of a rental property containing two or more dwelling
units shall maintain in a clean and sanitary condition the shared
or public areas of the dwelling and premises thereof.
(3)
Every owner of a rental property containing two or more dwelling
units shall supply facilities or containers for the sanitary and safe
storage and/or disposal of rubbish and garbage. In the case of rental
property of a single-family dwelling, it shall be the responsibility
of the occupant to furnish such facilities or containers.
(4)
Each owner is responsible to provide trash and recyclable collection
and disposal services, as may be required by the Borough, and instruct
tenants of the method of trash and recyclable collection (e.g., curbside
or dumpster) and, if applicable, the day of week of trash and recyclable
pickup.
(5)
Notwithstanding the provisions of Subsection 1B(4) of this section, whenever infestation is caused by failure of the owner to maintain a rental property unit in a rodent-proof or reasonable insect-proof condition, extermination thereof shall be the responsibility of the owner. Whenever infestation exists in two or more of the dwelling units in any rental property or in the shared or public parts of any rental property containing two or more dwelling units, extermination thereof shall be the responsibility of the owner.
(6)
Each owner is responsible to be aware of, and to act to eliminate
disruptive conduct in all residential rental units.
(7)
Each owner is responsible to employ policies and to manage the
residential rental units under his/her control in compliance with
the provisions of this Part, Borough codes and applicable state laws.
(8)
Each owner is responsible to pay or insure payments of all real
estate taxes, sewer fees, and trash collection fees to insure that
such vital utilities are provided.
(9)
Each owner is responsible to obtain and maintain a residential
rental license for each residential rental unit that they own.
(10)
Each owner is responsible to provide the Borough, within 30
days of occupancy, of the names of all tenants of the residential
rental unit, notify the Borough of changes in the occupancy of the
residential rental unit, and notify the Borough of any special needs
of any tenant under the Americans With Disabilities Act or other applicable
laws.
(11)
Each owner is responsible to provide each tenant of a residential
unit with a disclosure statement containing the requirements of this
Part, including the provisions relating to disruptive conduct. Providing
a copy of this Part to each tenant will satisfy this requirement.
(12)
Each owner is responsible to take all actions necessary to insure
that each residential rental unit is occupied by only one family.
(13)
Each owner is to require a written rental agreement for each
residential rental unit.
B.
Tenant Responsibilities.
(1)
Every occupant of a rental property shall maintain in a clean
and sanitary condition that part or those parts of the dwelling, dwelling
unit, and premises thereof that he occupies and controls.
(2)
Every occupant of a rental property shall store and dispose
of all refuse in a clean, sanitary and safe manner.
(3)
Every occupant of a rental property shall store and dispose
of all his garbage and any other organic waste, which might provide
food for insects and/or rodents, in a clean, sanitary and safe manner,
and if a container is used for storage pending collection, it shall
be rodent-proof, insect-proof and watertight. Occupants of a single-family
dwelling shall be responsible for providing containers for the sanitary
and safe storage and/or disposal of rubbish and garbage.
(4)
Every occupant of a rental property or of a dwelling unit in
a structure containing more than one dwelling unit shall be responsible
for the extermination of insects and rodents on the premises whenever
such occupant's unit is the only one infested.
[Ord. 472 (2012-5), 12/19/2012]
1.
Police officers, the Code Enforcement Officer or other authorized
Borough Official shall investigate alleged incidents of disruptive
conduct. The police officer, Code Enforcement Officer or other authorized
Borough Official conducting the investigation shall complete a disruptive
conduct report upon a finding that the reported incident constitutes
disruptive conduct. The information filed in the disruptive conduct
report shall include, if possible, the identity of the alleged perpetrator(s)
of the disruptive conduct and the factual basis for the disruptive
conduct described in the disruptive conduct report. A copy of the
disruptive conduct report shall be given or mailed to the occupant
and mailed to the owner and, if applicable, the manager, within 30
days of the occurrence of the alleged disruptive conduct.
2.
The occupant or the owner and, if applicable, the manager, shall
have 15 days from the date of receipt of the disruptive conduct report
to appeal the disruptive conduct report. The appeal shall be made
in writing and submitted to the Borough of Glen Rock.
3.
After three disruptive conduct incidents in any twelve-month period
by an occupant documented by disruptive conduct reports, the owner
and, if applicable, the manager shall have 30 days from the date of
the receipt of the third disruptive conduct report, or 15 days from
the date of the appeal decision affirming the violation, whichever
is earlier, to begin eviction proceedings against the occupants. Failure
to take such action will result in the immediate revocation of the
residential rental license. The residential rental units involved
shall not have its residential rental license reinstated until the
reinstatement fee, as set by resolution of the Borough Council, is
paid, and the disruptive occupants have been evicted, the district
justice has ruled in the occupant's favor, the district justice has
ruled in the owner's favor but has not ordered the eviction of the
occupant(s), or the occupants have filed an appeal to a higher court
or declared bankruptcy, thereby preventing their eviction. The disruptive
occupants, upon eviction, shall not reoccupy any residential rental
units on the same premises involved for a period of at least one year
from date of eviction. This Subsection is not intended to limit or
inhibit the owner and, if applicable, the manager's right to initiate
eviction actions prior to the issuance of the third disruptive conduct
report in a twelve-month period.
[Amended by Ord. 490 (2017-05), 10/18/2017]
4.
The disruptive conduct report shall count against all occupants of
the residential rental unit. More than one disruptive conduct report
filed against the occupants of a residential rental unit in a twenty-four-hour
period shall count as a single disruptive conduct report for the purpose
of this section. The Code Enforcement Officer or other authorized
Borough official shall maintain a list of the names of all occupants
evicted as a result of this section. The names shall remain on the
list for a period of three years.
[Ord. 472 (2012-5), 12/19/2012]
1.
No person shall occupy as owner or occupant or let to another for
occupancy any rental property for the purpose of living therein, which
does not comply with the following requirements:
A.
Handrails. Structurally sound handrails shall be provided for any
steps containing three risers or more. If steps are not enclosed,
handrails and balusters spaced no more than four inches apart shall
be provided. Porches and/or balconies located more than three feet
higher than the adjacent area shall have structurally sound protective
handrails 34 inches to 38 inches high and, if unenclosed, balusters
spaced no more than six inches apart.
B.
Light and Ventilation.
(1)
Every bathroom and water closet compartment and non-habitable
room used for food preparation shall be equipped with a suitable window
and or ventilation system in working condition.
(2)
Every public hall and stairway in every multiple-family dwelling
unit shall be adequately lighted by natural or electric lights at
all times so as to provide in all parts thereof at least six footcandles
of light at the tread or floor level. Every public hall and stairway
in structures containing not more than two dwellings may be supplied
with conveniently located light switches controlling an adequate lighting
system, which may be turned on when needed, instead of full-time lighting.
C.
Thermal Standards.
(1)
Every rental unit shall have heating facilities which are properly
installed and are maintained in safe and good working condition and
are capable of safely and adequately heating all habitable rooms,
bathrooms and water closet compartments in every rental unit located
therein to a temperature of at least 68° F. at a distance of 18
inches above floor level under ordinary winter conditions.
[Ord. 472 (2012-5), 12/19/2012]
1.
No person shall occupy as owner or occupant or let to another for
occupancy a rental property, for the purpose of living therein, which
does not comply with the following requirements:
A.
Every foundation, roof and exterior wall, door, skylight and window
shall be reasonably weather-tight, water-tight and damp-free and shall
be kept in sound condition and good repair. Floors, interior walls
and ceilings shall be sound and in good repair. All exterior wood
surfaces, other than decay-resistant woods, shall be protected from
the elements and decay by paint or other protective covering or treatment,
using nontoxic material where readily accessible to children. Walls
shall be capable of affording privacy for the occupant. Every rental
property and the premises on which it is located, shall be graded,
drained, free of standing water and maintained in a clean, sanitary
and safe condition.
B.
Every window, exterior door and basement hatchway or similar device
shall be kept rodent-proof and reasonably watertight and weather-tight
and shall be kept in working condition and good repair.
(1)
During that portion of the year when there is a need for protection
against mosquitoes, flies and other flying insects, every door opening
directly from a rental unit to outside space shall have supplied properly
fitting screens having at least 16-mesh and a self-closing device;
and every window or other device with openings to outdoor space, used
or intended to be used for ventilation, shall likewise be supplied
with screens; except that such screen shall not be required during
such period in rooms deemed by the Codes Enforcement Officer to be
located high enough in the tipper stories of a building as to be free
from such insects and in rooms located in areas of the Borough which
are deemed by the Codes Enforcement Officer to have so few insects
as to render screens unnecessary.
(2)
Every window located at or near ground level used, or intended
to be used for ventilation and every other opening located at or near
ground level, which might provide an entry for rodents, shall be supplied
with adequate screens or such other devices as will effectively prevent
their entrance.
C.
Every rental property and the premises on which it is located shall
be maintained so as to prevent and eliminate rodent harborage.
D.
All fences provided by the owner or agent on the premises, and/or
all fences erected or caused to be erected by an occupant, shall be
constructed of manufactured metal fencing material, wood, masonry
or other inert material. Such fences shall be maintained in good condition,
uniform in height throughout, and any wood material shall be protected
against decay by use of paint or other preservative. Such fences shall
be maintained in good repair. The permissible height and other characteristics
of all fences shall conform to the appropriate statutes, ordinances
and regulations of the Borough and Commonwealth of Pennsylvania. Wherever
any egress from the dwelling opens into the fenced area, there shall
be a means of egress from the premises to any public way adjacent
thereto.
E.
Accessory structures present or provided by the owner, agent or tenant-occupant
on the premises of a rental property shall be structurally sound,
be designed to prevent rodent harborage and be maintained in good
repair and free of vermin by the owner, agent or occupant or such
structure shall be removed from the premises. The exterior of such
structure shall be made weather-resistant through the use of decay-resistant
material or the use of paint or other preservatives.
F.
Every foundation, roof, floor, exterior and interior wall, ceiling,
inside and outside stair, every porch and every appurtenance thereto
shall be safe to use and capable of supporting the loads that normal
use may cause to be placed thereon and be kept in sound condition
and good repair. Every inside and outside stair or step shall have
uniform risers and treads.
G.
Every water closet compartment, bathroom and kitchen floor surface
shall be constructed and maintained so as to be reasonably impervious
to water and so as to permit such floor to be easily kept in a clean
and sanitary condition.
H.
Every plumbing fixture and pipe, every chimney, flue and smoke pipe
and every other facility, piece of equipment or utility which is present
in a dwelling or dwelling unit or which is required under this chapter
shall be constructed and installed in conformance with the appropriate
statutes, ordinances and regulations of the Borough and the Commonwealth
of Pennsylvania.
I.
No owner, operator or occupant shall cause any service, facility,
equipment or utility which is required under this Part to be removed
from, shut off from, or discontinued for any occupied rental property,
let or occupied by such person or entity, except for such temporary
interruption as may be necessary while actual repairs or alterations
are in process or during temporary emergencies when discontinuance
of service is approved by the appropriate authority.
J.
All construction and materials, ways and means of egress and installation
and use of equipment shall conform to applicable state and local laws
dealing with fire protection.
[Ord. 472 (2012-5), 12/19/2012]
1.
No person shall occupy or let to be occupied any rental property
for the purpose of living therein unless there is compliance with
the following requirements:
A.
Not more than one family, except for guests or domestic employees,
shall occupy a dwelling unit unless a license for a rental property
has been granted by the Borough of Glen Rock.
B.
In the case of rental properties which contain attached or detached garages, garage space must be leased with the dwelling unit to insure adequate off-street parking in accordance with zoning requirements and may not be leased to a non-tenant of the property unless adequate parking spaces exist in accordance with Chapter 27, Zoning, and any modifications or amendments thereto.
[Ord. 472 (2012-5), 12/19/2012]
1.
No person shall operate a rental property rooming house or shall
occupy or let to another for occupancy any rental property group quarters,
dormitory room and/or rooming unit in any rooming house which is not
in compliance with the provisions of this section. No owner or other
person shall occupy or let to another person any group quarters, rooming
unit or dormitory room unless it is clean and sanitary and complies
with all applicable requirements of the Borough of Glen Rock, including
the following:
A.
No person shall operate a rental property group quarters or rooming
house unless said person holds a valid rental license issued by Glen
Rock Borough in the name of the operator and for the specific dwelling
or dwelling unit. The operator shall apply to Glen Rock Borough upon
compliance by the operator with the applicable provisions of this
section and of any rules and regulations adopted pursuant thereto.
The license shall not be transferable. Every person holding such a
license shall give notice, in writing, to Glen Rock Borough within
30 days or as outlined herein after having sold, transferred given
away or otherwise disposed of an ownership interest in or control
of any group quarters or rooming house. Such notice shall include
the name and address of the person succeeding to the ownership control
of such group quarters or rooming house.
B.
At least one flush water closet, lavatory basin and bathtub or shower,
properly connected to a water and sewer system approved by the Codes
Enforcement Officer and in good working condition, shall be supplied
for each six persons or fraction thereof residing within a group quarters
or rooming house, including members of the operator's family wherever
they share the use of said facilities, provided that:
(1)
In a group quarters or rooming house where rooms are let only
to males, flush urinals may be substituted for not more than 1.2 of
the required number of water closets.
(2)
All such facilities shall be so located within the dwelling
as to be reasonably accessible from a common hall or passageway to
all persons sharing such facilities.
(3)
Every lavatory basin and bathtub or shower shall be supplied
with heated and unheated water under pressure at all times.
(4)
No such facilities shall be located in a basement.
C.
The following provisions shall apply in all rental property, group
quarters and rooming houses:
D.
Unless exempted by the Codes Enforcement Officer in writing, the
operator of every rental property, rooming house shall change supplied
bed linen and towels therein at least once a week and prior to the
letting of any room to any occupant, and the operator shall be responsible
for the maintenance of all supplied bedding in a clean and sanitary
manner.
[Ord. 472 (2012-5), 12/19/2012; as amended by Ord. 490 (2017-05),
10/18/2017]
[Ord. 472 (2012-5), 12/19/2012; as amended by Ord. 490 (2017-05),
10/18/2017]
1.
Every person proposing to operate a rental property approved by the
Borough of Glen Rock for such purpose shall apply for a residential
rental license with the Borough, which shall be valid until December
31 of the year for which it was issued. The owner and, if applicable,
the manager of each residential rental unit shall continue to apply
for an annual residential rental license, which shall be valid from
January 1 until December 31 of the same calendar year. Such license
must be obtained no later than November 30 of the prior year of issuance.
[Amended by Ord. No. 499, 7/15/2020]
2.
The Borough shall issue a residential rental license if the owner
provides the name, address and phone number of the individual or business
(if applicable) responsible for managing the unit(s), pays the licensing
fee, as set by resolution, submits a complete and accurate occupant
listing for each residential rental unit by November 30 of the prior
year and is not currently delinquent on real estate taxes, water/sewer
fees and trash collection fees for the residential rental units and
meets all other zoning, ordinance and legal requirements for such
issuance.
[Amended by Ord. No. 499, 7/15/2020]
3.
The Borough shall deny and may revoke a residential rental license
if the owner does not provide the name, address and phone number of
the individual or business (if applicable) responsible for managing
the unit(s) and/or does not pay the annual licensing fee and obtain
a license, and/or is not current on real estate taxes, water/sewer
fees or trash collection fees for the residential rental units, and/or
does not submit a complete and accurate occupant listing for residential
rental units by November 30 of the prior year or within one month
after a change in the identity of the occupants of the residential
rental units, and/or does not pay for and comply with the rental inspection
requirements of this Part, and/or does not correct a code violation
within the time frame cited by the Code Enforcement Officer, and/or
has not complied with the disruptive conduct provisions of this Part.
Licensing fees as set forth herein shall be set by resolution of the
Glen Rock Borough Council.
[Amended by Ord. No. 499, 7/15/2020]
4.
The Borough shall deny and may revoke a residential rental license
if the following occur within the licensed residential rental unit
or on the premises:
A.
Failure to take action to evict occupants of a residential rental
unit where the disruptive conduct provisions of this Part require
such action.
B.
Occurrence of three violations of this Part and/or of any other Borough
codes or ordinances that apply to the residential rental unit or premises
during the term of the license. Before an occurrence may be considered
a violation, there must be either:
(1)
A summary conviction; or
(2)
The Code Enforcement Officer or other Borough Official must send
the owner a written notice of the violation within 30 days of the
incident and the period for the owner to file an appeal from the determination
of the Code Enforcement Officer or other Borough Official must have
expired.
5.
The Borough shall forward written notice to the owner if the Borough
will deny, refuse to renew or revoke a residential rental license.
The notification shall:
A.
Identify
the residential rental units;
B.
The grounds
for the denial, nonrenewal or revocation, including the factual circumstances
and the Section of this Part supporting such determination; and
C.
Informing
the owner of the right to appeal the denial, nonrenewal or revocation
of the residential rental license to Borough Council under this Part.
6.
The Borough may reinstate a residential rental license if the owner
or manager corrects the reason for the revocation of the residential
rental license and has paid the residential rental license reinstatement
fee, as set by resolution of the Glen Rock Borough Council.
7.
All owners of rental properties failing to obtain a residential rental
license at the Borough office each year by November 30 for the upcoming
year may be required to pay a penalty fee, in accordance with the
fee schedule set forth by Borough Council. Owners who fail to obtain
a residential rental license by December 31 for the upcoming year
may be required to pay a fine for failure to seek a residential rental
license, in accordance with the fee schedule set forth by Borough
Council. Each month the violation exists constitutes a separate violation.
[Amended by Ord. No. 499, 7/15/2020]
[Ord. 472 (2012-5), 12/19/2012]
1.
All property owned by the county or any housing authority created
by the county which is inspected annually by those agencies to assess
conformance with federal standards, or properties that are inspected
annually for compliance with the requirements of the United States
Department of Housing and Urban Development or the Pennsylvania Housing
Finance Agency, regardless of the occupants, shall be exempt from
the licensing provisions of this Part.
2.
The licensing provisions of this Part shall not apply to hospitals.
3.
If, in response to a complaint, an exempt unit is found to be in
violation of a code(s), the owner and, if applicable, the manager
shall correct the violation(s) within the time frame cited by the
Borough Official. If the violation(s) is/are not corrected, the unit
shall lose its exemption until the violation(s) is/are corrected.
If three verified complaints are received in any twelve-month period,
the unit shall lose its exemption from the requirement to obtain a
license for a period of five years.
[Ord. 472 (2012-5), 12/19/2012]
Every person owning a rental property shall give notice, in
writing, to Glen Rock Borough within 30 days after having transferred
or otherwise disposed of the legal control of any licensed rental
property. Such notice shall include the name and address of the person
or persons succeeding to the ownership or control of such rental property.
[Ord. 472 (2012-5), 12/19/2012]
Every owner or other person in charge of a rental property shall
keep or cause to be kept records of all requests for repairs and complaints
by tenants, which are related to the provisions of this Part and to
any applicable rules and regulations, and of all corrections made
in response to such requests and complaints. Such records shall be
made available by the owner, or other person in charge, to the Codes
Enforcement Officer or other Borough official for inspection and copying
upon demand. Such records shall be admissible in any administrative
or judicial proceedings pursuant to the provisions of this Part as
prima facie evidence of the violation or the correction of violations
of this Part or applicable rules and regulations pursuant thereto.
[Ord. 472 (2012-5), 12/19/2012; as amended by Ord. 490 (2017-05),
10/18/2017]
1.
All properties will be inspected once every three years on a recurring
basis. Properties will be put into one of three groups such that 1/3
of the Borough's rental properties are inspected each year. Properties
will be grouped based on owner/operator, location and inspection history
to simplify the inspection process as much as practical.
2.
Inspection Process.
A.
First quarter of year an inspection is due: The Borough will invoice
the owner/operator for inspection fees as outlined in this Part and
the Fee Resolution. Inspection fees are due by March 31. A penalty
fee may be assessed for failure to pay the inspection fee.
B.
Second and third quarter of the year that an inspection is due: Owner/operator
must contact the Codes Enforcement Officer and make satisfactory arrangements
to have the inspection, and any required reinspections, completed
prior to the end of the third quarter (September 30). Owner shall
pay all inspection and reinspection fees incurred, as set forth by
resolution of the Borough Council . Failure by the owner to do so
shall constitute a violation of this section. Each and every day that
a violation continues shall constitute a separate violation of this
section, subject to the fines and penalties set forth in this Part.
C.
Fourth quarter of the year that an inspection is due: Borough to
review inspections and identify problem areas.
3.
Any property that is licensed as a rental property for the first
time will be inspected prior to occupancy by a tenant. This provision
also applies to properties that were previously rental properties
but had been removed from the three-year inspection cycle.
4.
Nothing in this Part shall be construed to prevent the Codes Enforcement
Officer from inspecting any rental property at any time upon complaint
and by invitation by the tenant or the tenant's authorized agent.
[Ord. 472 (2012-5), 12/19/2012]
1.
The Codes Enforcement Officer is hereby authorized and directed to
inspect all rental properties subject to the provisions of this Part.
2.
The Codes Enforcement Officer is hereby authorized and directed to
make inspections pursuant to this Part or in response to a complaint
that an alleged violation of this Part or of applicable rules or regulations
pursuant thereto has been committed or when the Codes Enforcement
Officer has valid reason to believe that a violation of this Part,
any applicable law, rules or regulations pursuant thereto has been
committed.
3.
The Codes Enforcement Officer is authorized and directed to make
inspections during normal business hours to determine compliance with
this Part. For this purpose, the Codes Enforcement Officer is authorized
to enter and examine any rental property, yard or part, or either,
and every owner, operator, occupant or agent shall give the Codes
Enforcement Officer free access to it. Inspection may be postponed
and/or rescheduled due to illness or other emergency or unforeseen
circumstance.
4.
The Codes Enforcement Officer is hereby authorized to inspect the
premises surrounding dwellings, dwelling units, group quarters, rooming
houses, rooming units, and dormitory rooms, subject to this Part for
the purpose of determining whether there is compliance with its provisions.
5.
The Codes Enforcement Officer and the owner or occupant or other
person in charge of a dwelling, dwelling unit, rooming house, rooming
unit, or dormitory room subject to this Part may agree to an inspection
by appointment at a time other than the hours provided by this Part.
The owner, agent, lessee or person in charge must be present at all
times during the inspection.
6.
The owner or occupant, lessee or other person in charge of any rental
property, upon presentation by the Codes Enforcement Officer of proper
identification, shall give the Codes Enforcement Officer entry and
free access to every part of the rental property or to the surrounding
premises.
7.
If any owner or occupant or other person in charge of a rental property
subject to the provisions of this Part refuses, impedes, inhibits,
interferes with, restricts or obstructs entry and free access to every
part of the structure or premises where inspection authorized by this
Part is sought, the Borough may seek, in a court of competent jurisdiction,
an order that such owner or occupant or other person in charge cease
and desist with such interference. Such person may also be liable
for such fines and penalties as set forth in this Part.
8.
The Borough shall have the authority to institute any action permitted
by law to enforce the provisions of this Part.
9.
The Borough Official may also inspect residential rental units upon
a change in occupancy of the residential rental unit, upon receipt
of complaints, upon the occurrence of disruptive conduct at such residential
rental unit, or for any other reasonable cause.
[Ord. 472 (2012-5), 12/19/2012; as amended by Ord. 490 (2017-05),
10/18/2017]
1.
Whenever the Codes Enforcement Officer or Borough Official determines
that any rental property or the premises surrounding any of these
fails to meet the requirements set forth in this Part or in applicable
rules and regulations issued pursuant hereto, such officer or the
Borough Official shall issue a notice setting forth the alleged failures
and advising the owner or occupant or other person in charge that
such failures must be corrected. This notice shall:
A.
Be in writing.
B.
Set forth the alleged violations of this Part or of applicable rules
and regulations issued pursuant thereto.
C.
Describe the rental property or premises where the violation is alleged
to exist or to have been committed.
D.
Provide a reasonable time for the correction of any violation alleged.
The time for compliance shall take into consideration the type and
seriousness of the violation and the climatic conditions. The Codes
Enforcement Officer or the Borough Official may, in his or her sole
and absolute discretion, give one additional extension of time, provided
that the property owner is exercising due diligence and the inability
to make the correction is through no fault of the property owner.
E.
Be served upon the owner or occupant or other person in charge of
the rental property or premises personally, or by certified mail,
return receipt requested, addressed to the last known place of residence
of the owner or occupant or other person in charge. If one or more
persons to whom such notice is addressed cannot be found after diligent
effort to do so, service may be made upon such persons by posting
a notice in or about the rental property or premises described in
the notice.
F.
Be served upon a resident agent for the receipt of such service of
notice designated pursuant to this Part.
2.
At the end of the period of time allowed for the correction of any
violation alleged, the Codes Enforcement Officer shall, for a failed
inspection, reinspect the rental property described in the notice.
The Codes Enforcement Officer shall be responsible for and shall notify
the Borough office of all inspections, reinspections, compliance and
noncompliance matters, including compliance timelines.
3.
Designation of unfitness.
A.
Whenever the Codes Enforcement Officer finds that any rental property
constitutes a serious hazard to the health and safety of the occupants
or the public because it is dilapidated, unsanitary, vermin-infested
or lacking in the facilities and equipment required by this Part and
any amendments thereto, the Codes Enforcement Officer shall designate
such rental property as unfit for human habitation. Such designation
shall be posted on the rental property and shall specify the reason
or reasons. It shall be unlawful for any person other than the Codes
Enforcement Officer to remove such notice.
B.
Any rental property so designated as unfit for human habitation shall
be vacated within 24 hours and shall not again be used for human habitation
until the conditions have been eliminated and the Codes Enforcement
Officer has removed the designation and given written approval for
occupancy.
4.
A fee will be charged for the initial inspection and for each reinspection.
The Code Enforcement Officer shall maintain a list of residential
rental units and their ownership that have been the subject of prosecution
during the preceding five years. Such fees shall be as set forth by
resolution of the Borough Council.
[Ord. 472 (2012-5), 12/19/2012]
A residential rental license shall not be transferred. In the
case of licensed residential rental units that are sold or transferred,
the new owner shall seek a residential rental license for each residential
rental unit and have each residential rental unit inspected within
60 days.
[Ord. 472 (2012-5), 12/19/2012; as amended by Ord. 490 (2017-05),
10/18/2017]
1.
Inspection Fee. An inspection fee is hereby imposed and shall be
paid in advance of the inspection to the Borough, the amount of which
may be set from time to time by resolution adopted by the Borough
Council. The inspection fee shall be equal to the expenses incurred
by the Borough in connection with inspections under this Part and
shall include a 10% administrative fee for the costs incurred by the
Borough to monitor and administer such Part. Additional inspection
fees shall be paid prior to any required reinspections and as warranted
by the other provisions of this Part.
2.
License Fee. A license fee shall be paid for issuance of each rental
unit license. Such fee shall be paid as a condition of issuance of
a rental license. Such fee shall be set from time to time by resolution
adopted by the Borough Council.
3.
Reinstatement Fee. A reinstatement fee shall be charged for reinstatement
after correction or removal of a violation of this Part or other ordinance,
rule, regulation or law as applicable herein. Such fee shall be paid
as a condition of reinstatement of a rental license. Such reinstatement
fee shall be set from time to time by resolution adopted by the Borough
Council.
4.
Appeal Fee. An appeal fee shall be paid to the Borough or other authorized
agent for filing of any appeal to the issuance of a violation hereunder.
Such fee shall be set from time to time by resolution adopted by the
Borough Council.
5.
All fees and charges for inspection due and unpaid under this Part
shall be recovered by the Borough, as other debts due the Borough
are now by law recovered, and shall constitute a municipal claim.
6.
Penalty
Fee. A fee assessed by the Borough of Glen Rock at the time an owner,
individual or business (if applicable) responsible for managing the
unit(s) fails to fulfill and comply with the requirements of this
Part. Such fee shall be set from time to time by resolution adopted
by the Borough Council.
7.
Collection
Letter Fee. A fee assessed for forwarding to the owner or manager
of a rental unit(s) a notice of a violation or delinquency of the
provisions of the Part which letter is initiated through the Glen
Rock Borough Solicitor. Such fee shall be set from time to time by
resolution adopted by the Borough Council.
[Ord. 472 (2012-5), 12/19/2012; as amended by Ord. 490 (2017-05),
10/18/2017]
1.
Penalties and Remedies.
A.
Allowing occupancy of a residential rental unit after the residential
rental license has been revoked shall result in a fine of not less
than $500 per residential rental unit for each month the violation
exists. Each month the violation exists constitutes a separate violation.
B.
Failure To Seek a Residential Rental License.
(1)
The Owner or Manager shall be sent a thirty-day notice of violation,
warning them of their failure to comply with the terms of this Part.
If they do not comply at the end of 30 days, there shall be a fine
for each month the violation exists. Each month the violation exists
constitutes a separate violation. Such fee shall be set from time
to time by resolution adopted by the Borough Council.
C.
Whoever violates any other provision of this Part shall, upon a first
offense and conviction, be fined not more than $1,000 or imprisoned
not more than 30 days, or both.
D.
In addition to prosecution of persons violating this Part, the Code
Enforcement Officer, or any duly authorized agent of the Borough,
may take such civil or equitable actions in any count of record of
the Commonwealth of Pennsylvania, against any person or property,
real or person, to effect the provisions of this Part. In any proceeding
brought under this Part, in addition to any and all fees and penalties
provided in this Part, the Borough shall be entitled to collect all
costs of prosecution, including attorney's fees.
E.
The provisions of this section and the provisions of this Part governing
revocation, suspension or nonrenewal of residential rental licenses
shall be independent, non-mutually exclusive, separate remedies, all
of which shall be available to the Borough, as may be deemed appropriate.
The remedies and procedures in this Part are not intended to supplant
or replace, to any degree, the remedies provided to the Borough in
any other code.
F.
The Borough shall be entitled to be reimbursed for all attorneys'
fees, costs and expenses incurred in the enforcement of this Part.
G.
The Borough shall be entitled to be reimbursed for all engineering
fees, costs and expenses incurred in the enforcement of this Part.
H.
At any
time an owner or individual appointed as a manager of a residential
rental unit fails to fulfill and comply with the requirements of this
Part after notice thereof, the Borough shall have the authority to
revoke the residential rental license(s).
[Ord. 472 (2012-5), 12/19/2012]
1.
An appeal from any decision
of the Borough Official shall be taken to Borough Council. Such appeal
shall be made in writing within 15 days after such decision has been
made. The appeal shall be verified by an affidavit, shall state the
grounds therefor and shall be filed with the Borough Secretary. The
appeal shall be accompanied by the appeal fee, which shall be established
by ordinance or resolution of Borough Council. The appellant or his
representative shall have the right to appear and be heard, if such
right is requested in the written appeal. Borough Council shall make
a prompt decision on such appeal. Borough Council shall render a written
decision, copies of which shall be provided to the Code Enforcement
Office and the appellant.
2.
Any person aggrieved by any decision of a Police Officer or Code
Enforcement Officer in regard to a disruptive conduct report or the
revocation of a residential rental license may appeal to Borough Council
in accordance with the provisions of this section. Such appeal must
be filed, in writing, within 15 days from the date of receipt the
disruptive conduct report or notice of revocation.
3.
In the event the appeal is successful, for reasons other than the
grant of an extension of time for compliance the appeal fee shall
be refunded to the appellant.
[Ord. 472 (2012-5), 12/19/2012]
The building regulations of the Department of Labor and Industry
of the Commonwealth of Pennsylvania for the protection from fire and
panic shall take precedence over the provisions of this Part where
they are applicable and more stringent. All other ordinances and regulations
of the Borough shall be complied with where they are applicable.
[Ord. 472 (2012-5), 12/19/2012]
In any case where a provision of this Part is found to be in
conflict with a provision of any zoning, building, fire, safety or
health ordinance or code of the Borough existing on the effective
date of the Part, the provision which establishes a higher standard
for the promotion and protection of the health and safety of the people
shall prevail. In any case where provision of this Part is found to
be in conflict with any provision of any other ordinance or code of
the Borough existing on the effective date of this Part which establishes
a lower standard for the promotion and protection of the health and
safety of the people, the provisions of this Part shall prevail, and
such other ordinances or codes are hereby declared to be repealed
to the extent that they may be found in conflict with this Part.
[Added by Ord. No. 517, 11/16/2022]
For purposes of this Part, the definitions of "consumer fireworks"
and "display fireworks" shall be that set forth in Section 1 of the
Fireworks Law.[1] As set forth therein, the term "consumer fireworks" shall
not include devices such as "ground and hand-held sparkling devices,"
"novelties," or "toy caps."
[1]
Editor's Note: See 72 P.S. § 9401 et seq.
[Added by Ord. No. 517, 11/16/2022]
1.
In accordance with the Fireworks Law,[1] a permit is required before any use of display fireworks
within the Borough limits. Permit application forms are available
from the Borough office during normal business hours. The application
must include facts sufficient to establish that the display fireworks
will not be ignited within 300 feet of sales locations for consumer
fireworks and that the display fireworks will be handled by a competent
operator at least 21 years of age who demonstrates evidence of fireworks
handling and safety training, all in accordance with Sections 1102
and 1107 of the Fireworks Law. The application must include the approval
of the Chief of the Fire Department or other appropriate official
as may be designated by the Borough Council and that the Display.
Fireworks will not be located, discharged or fired in such a manner
as to be hazardous to property or an endangerment to any person. The
application shall be accompanied by a certificate of insurance in
accordance with Subsection 1102(d) of the Law. The applicant must
acknowledge acceptance of the requirements otherwise established by
state and federal law. Permit extensions shall be permitted in accordance
with Subsection 1102(e) of the Law, provided the extension sought
receives a renewed approval by the designated official that the extended
use would not be hazardous to property or an endangerment to any person.
[1]
Editor's Note: See 72 P.S. § 9401 et seq.
2.
In accordance with Section 1105(a) of the Law, Borough Council may
under this Part grant permits for the use of display fireworks for
agricultural purposes in connection with the raising of crops and
the protection of crops from bird and animal damage. The application
for such a permit must meet the requirements of this section. A permit
under Section 1105 shall remain in effect for the calendar year in
which it was issued. Sales, possession and use of display fireworks
for the purpose stated in the permit shall be lawful for that purpose
only.
3.
Applications for use of display fireworks shall be submitted at least
two weeks prior to the date of proposed use. Permits for the use of
display fireworks may be granted by the Borough Council or by such
official or officials as are so designated by Borough Council, upon
approval of the application and payment of a fee as may be designated
from time to time by the Borough pursuant to its Fee Resolution.
[Added by Ord. No. 517, 11/16/2022]
1.
Upon proper application as hereafter prescribed, the use of consumer
fireworks within the Borough limits may be permitted when it is demonstrated
that the proposed use can be conducted without violating the prohibitions
set forth in Paragraph 3.1 and Section 1104(b)(5) of the Law.
2.
Permit application forms for the use of consumer fireworks are available
through the Borough office during normal business hours. The application
for use by exception must include facts sufficient to establish in
accordance with Section 1104 of the Law that the provisions relating
to consumer fireworks will not be violated, including facts sufficient
to demonstrate: 1) that no one under the age of 18 will purchase,
possess or use consumer fireworks; 2) that consumer fireworks will
not be used on private property or on public property, including,
but not limited to, streets, parking lots, sidewalks and parks, without
the express permission of the owner or entity that controls the property;
3) that the consumer fireworks will not be used within, directed at
or directed from a "vehicle" or "building" as those two terms are
defined in the Law; 4) that the consumer fireworks will not be directed
at another person; 5) that the consumer fireworks will not be used
by a person who is under the influence of alcohol, a controlled substance
or another drug; and 6) that the consumer fireworks will not be used
within 150 feet of a building or vehicle, whether or not the building
or vehicle is owned by the user of the consumer fireworks.
3.
In accordance with Section 1104 of the Fireworks Law, no permit shall
be granted for the use of consumer fireworks within 150 feet of an
"animal housing facility" as defined in the Law, or a fenced area
designed to confine livestock owned or managed by another person.
A permit may be granted on the basis of an application that meets
the requirements of Section 1104 for use of consumer fireworks at
a distance of 150 feet to 300 feet if the prospective user of the
consumer fireworks provides proof of notification in writing to the
owner or manager of the animals or livestock of the prospective use
at least 72 hours in advance.
4.
Applications for use of consumer fireworks shall be received at least
two weeks prior to the date of proposed use. Permits for the use by
exception of consumer fireworks may be granted by the Borough Council
or by such official or officials as are so designated by Borough Council
upon approval of the application and payment of a fee as may be designated
from time to time by the Borough pursuant to its Fee Resolution.
5.
The permit shall restrict the use by exception of consumer fireworks
to the day and time listed in the application but in no event shall
the permit allow use later than 10:00 p.m.; provided, however, that:
1) on July 2, 3 and 4 and December 31, consumer fireworks may be used
until 1:00 a.m. on the following day, and 2) when July 4 falls on
a Tuesday, Wednesday, or Thursday, consumer fireworks may be used
until 1:00 a.m. on the immediately preceding and following Friday
and Saturday. Pursuant to Subsection 1106(b) of the Law, the hours
of use of consumer fireworks may not be restricted on the Monday of
Memorial Day and the immediately preceding Saturday and Sunday, and
the Monday of Labor Day and the immediately preceding Saturday and
Sunday.
6.
No permission is granted by the Borough to any person to ignite or
discharge consumer fireworks on the streets or sidewalks in the Borough,
or on any property owned or occupied by the Borough or other governmental
entity, including without limitation, all of the Borough's parks
and buildings.
[Added by Ord. No. 517, 11/16/2022]
Nothing in this Part governs the sale of consumer fireworks
for the period of one year from the effective date of the Fireworks
Law[1] in accordance with Section 1106(a)(2) of the Law.
[1]
Editor's Note: See 72 P.S. § 9401 et seq.
[Added by Ord. No. 517, 11/16/2022]
1.
In accordance with the provisions of Section 1114(1) of the Law,
any person using consumer fireworks in violation of the provisions
of this Part, for the first offense commits a summary offense, and
upon conviction shall, in addition or any other penalty authorized
by law, be punishable by a fine of not more than $500. A subsequent
offense under this Part committed within three years of a prior conviction
shall constitute a summary offense, and upon conviction shall, in
addition to any other penalty authorized by law, be punishable of
a fine of not more than $1,000.
2.
Any person selling consumer fireworks in violation of the Law is
punishable in accordance with Section 1114(2) be punishable by a fine
of not less than $10,000.
3.
Any person selling or using display fireworks in violation of the
Law is punishable in accordance with Section 1114(3) by a fine of
not less than $10,000.
