[HISTORY: Adopted by the Borough Council of the Borough of
Dallastown 8-28-2001 by Ord. No.
469. Amendments noted where applicable.]
GENERAL REFERENCES
Building construction — See Ch. 90.
Numbering of buildings — See Ch. 93.
Inspections — See Ch. 114.
Mosquito control — See Ch. 131.
Nuisances — See Ch. 136.
Property maintenance — See Ch. 149.
Solid waste — See Ch. 164.
Stormwater management — See Ch. 173.
Streets and sidewalks — See Ch. 178.
Zoning — See Ch. 224.
This chapter shall be known and may be cited as the "Rental
Properties Maintenance and Housing Occupancy Ordinance of the Borough
of Dallastown."
A.
ACCESSORY STRUCTURE
APPROPRIATE AUTHORITY
APPROVED
ASHES
CENTRAL HEATING SYSTEM
CHIMNEY
CODES ENFORCEMENT OFFICER
DORMITORY
DWELLING
DWELLING UNIT
EGRESS
EXTERMINATION
FAMILY
FLUSH WATER CLOSET
GARBAGE
GUEST
HABITABLE ROOM
HEATED WATER
HOUSEHOLD
INFESTATION
KITCHEN
MULTIPLE DWELLING
OCCUPANT
OPERATOR
ORDINARY SUMMER CONDITIONS
ORDINARY WINTER CONDITIONS
OWNER
(1)
(2)
PERSON
PLUMBING
PREMISES
PRIVACY
REFUSE
RENTAL PROPERTY
RESIDENT
ROOMING HOUSE
ROOMING UNIT
RUBBISH
SAFETY
SPACE HEATER
SUPPLIED
TEMPORARY HOUSING
TENANT
Definitions. As used in this chapter, the following terms shall have
the meaning indicated:
A structure, the use of which is incidental to that of the
main building and which is attached thereto or located on the same
premises.
That person within the governmental structure of the corporate
unit charged with the administration of the appropriate ordinance.
Approved by the local or state authority having such administrative
authority.
The residue from the burning of combustible material.
A single system supplying heat to one or more dwelling unit(s)
or more than one rooming unit.
A vertical masonry shaft of reinforced concrete or other
approved noncombustible, heat-resisting material enclosing one or
more flues for the purpose of removing products of combustion from
solid, liquid or gas fuel.
The individual or entity authorized by Dallastown Borough
Council to inspect properties and any other duties set forth in this
chapter.
A room in any dwelling used for sleeping purposes by two
or more unrelated persons.
Any enclosed space which is wholly or partly used or to be
used for living or sleeping by human occupants, provided that "temporary
housing," as hereinafter defined, shall not be regarded as a dwelling.
Any room or group of rooms located within a dwelling and
forming a single habitable unit with facilities which are used or
intended to be used for living, sleeping, cooking and eating by human
occupants.
A going out; emergence; the right to go out; a way out; exit.
The control and elimination of insects, rodents or other
pests by eliminating their harborage places; removing or making inaccessible
materials that may serve as their food; by poisoning, spraying, fumigating
or trapping; or by any other recognized and legal pest elimination
methods approved by the local or state authority having such administrative
authority.
One adult person plus one or more persons who are legally
related to said person and residing in the same dwelling unit with
said person. In the event that this definition is inconsistent with
any state or federal law relating to housing or disability, the definition
contained in the state or federal law shall supersede this definition
and prevail.
A toilet bowl flushed with water under pressure with a water
sealed trap above the floor level. Such toilet bowls shall have a
smooth, easily cleanable surface.
Animal and vegetable wastes resulting from the handling,
preparation, cooking and consumption of food.
Any person who shares a dwelling unit in a nonpermanent status
for no more than 30 days.
A room or enclosed floor space used or intended to be used
for living, sleeping, cooking or eating purposes, excluding laundries,
furnace rooms, pantries and utility rooms of less than 50 square feet,
foyers or communicating corridors, stairways, storage spaces and workshops,
hobby and recreation areas in unsealed or uninsulated parts of structure
below ground level or in attics.
Water heated to a temperature of not less than 120° F.
A family and/or one or more unrelated persons who share the
same dwelling and use some or all of its cooking and eating facilities,
including servants and not more than two boarders.
The presence within or around a dwelling of any insects,
rodents or other pests.
Any room containing any or all of the following equipment
or the area of a room within three feet of such equipment: sink and/or
other devices for dishwashing, stove or other devices for cooking,
refrigerator or other devices for cool storage of food, cabinets and/or
shelves for storage of equipment and utensils and counter or table
for food preparation.
Any dwelling containing more than two dwelling units or rooming
units, or more than two of any combination of dwelling and rooming
units.
Any person, over one year of age, living, sleeping, cooking
or eating in or actually having possession of a dwelling unit or a
rooming unit; except that in dwelling units, a guest will not be considered
an occupant.
Any person who has charge, care, control or management of
a building or part thereof in which dwelling units or rooming units
are let.
A temperature of 10° F. below the highest recorded temperature
in the locality for the prior ten-year period.
A temperature of 15° F. above the lowest recorded temperature
in the locality for the prior ten-year period.
Person who, alone or jointly or severally with others:
Shall have legal title to any real estate subject to this chapter,
with or without accompanying actual possession thereof; or,
Shall have charge, care or control of any real estate or improvement
thereon which is subject to this chapter, as owner or agent of the
owner, or as executor, executrix, administrator, administratrix or
guardian of the estate of the owner. Any such person thus representing
the actual owner shall be bound to comply with the provisions of this
chapter and with rules and regulations adopted pursuant thereto, to
the same extent as if he were the owner.
Any individual, firm, corporation, association or partnership
or other legal entity.
All of the following supplies, facilities and equipment:
gas pipes, gas-burning equipment, water pipes, garbage disposal units,
incinerators, waste pipes, water closets, sinks, dishwashers, lavatories,
bathtub, shower baths, shower stalls, clothes-washing machines, catch
basins, drains, vents and any other similar supplies and fixtures,
together with all connections to water, sewer or gas lines and water
pipes and lines, including those utilized in conjunction with air-conditioning
equipment.
A lot, plot or parcel of land, together with any improvements
thereon erected.
The ability of a person or persons to carry out an activity
commenced without interruption or interference, either by sight or
sound, by unwanted persons.
All putrescible and nonputrescible solids (except body wastes),
including garbage, rubbish, ashes and dead animals.
Any dwelling or dwelling unit that is occupied, or intended
to be occupied, by a tenant, tenants, or someone other than the owner
of the property.
[Amended 10-14-2003 by Ord. No. 504; 4-11-2022 by Ord. No. 597]
An individual who is domiciled in the Borough of Dallastown
or, in the case of a nonindividual, any entity with its principal
place of business and mailing address in the Borough of Dallastown.
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.
Nonputrescible solid wastes (excluding ashes) consisting
of either:
The condition of being free from danger and hazard which
may cause accidents or disease.
A self-contained, heating appliance of either the circulating
type or the radiant type and intended primarily to heat only one room.
Paid for, furnished by, provided by or under the control
of the owner or operator.
Any tent, trailer, mobile home or any other structure used
for human shelter which is designed to be transportable and which
is not attached to the ground, to another structure or to any utility
system on the same premises for more than 30 consecutive days.
Any person other than the owner who occupies, resides, or
is entitled to occupy or reside in any dwelling or dwelling unit with
the permission, express or implied, of the owner or operator of such
dwelling or dwelling unit, regardless of whether there is any written
or verbal lease therefor or no lease, and regardless of whether such
person pays rent or other compensation or consideration to the owner
or operator of such dwelling or dwelling unit for the occupancy or
right to occupy or reside in such dwelling or dwelling unit.
B.
Word usage.
(1)
In this chapter, words used in the singular include the plural, and
the plural includes the singular; the masculine gender includes the
feminine and the feminine the masculine.
(2)
Meaning of certain words. Whenever the words "dwelling," "dwelling
unit," "rooming house," "rooming unit," "premises," "structure" are
used in this chapter, they shall be construed as though they were
followed by the words "or any part thereof."
A.
No owner or other person shall occupy or let to another person any
rental property unless it and the premises are clean, sanitary, fit
for human occupancy and comply with all applicable legal requirements
of the Commonwealth of Pennsylvania and the Borough.
B.
Every owner of a rental property containing two or more dwelling
units shall maintain in a clean and sanitary condition the shared
or public areas of the dwelling and premises thereof.
C.
Every occupant of a rental property shall maintain in a clean and
sanitary condition that part or those parts of the dwelling, dwelling
unit and premises thereof that he occupies and controls.
D.
Every occupant of a rental property shall store and dispose of all
rubbish in a clean, sanitary and safe manner.
E.
Every occupant of a rental property shall store and dispose of all
his garbage and any other organic waste which might provide food for
insects and/or rodents, in a clean, sanitary and safe manner, and
if a container is used for storage pending collection, it shall be
rodent-proof, insect-proof and watertight.
F.
Every owner of a rental property containing three 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 single-family dwellings, it shall be the responsibility of
the occupant to furnish such facilities or containers.
G.
Every occupant of a rental property or of a dwelling unit in a dwelling
containing more than one dwelling unit shall be responsible for the
extermination of insects and rodents on the premises whenever such
occupant's dwelling unit is the only one infested. Notwithstanding
the foregoing provisions of this subsection, whenever infestation
is caused by failure of the owner to maintain a dwelling in a rodent-proof
or reasonable insect-proof condition, extermination 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.
H.
Every owner of a rental property shall keep all plumbing fixtures
therein in operable condition.
I.
From October 1 until April 30 and from 6:00 a.m. to 11:00 p.m. in
every rental property when the control of supplied heat is the responsibility
of a person other than the occupant, a temperature of at least 68°
F. shall be maintained in all habitable rooms, bathrooms and water
closet compartments at a distance of 18 inches above the floor level.
No person shall occupy as owner or occupant or let to another
for occupancy any rental property, for the purpose of living, which
does not comply with the following requirements: 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 six 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 30 inches to 36 inches high
and, if unenclosed, balusters spaced no more than six inches apart.
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.
Every bathroom and water closet compartment and nonhabitable room
used for food preparation shall be equipped with a window and or ventilation
system in working condition, which is approved by the appropriate
authority.
B.
Every public hall and stairway in every multiple dwelling 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.
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.
Every dwelling 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 dwelling unit located therein to
a temperature of at least 68° F. at a distance of 18 inches above
floor level under ordinary winter conditions.
B.
No owner or occupant shall install, operate or use an unvented space
heater employing a flame unless the same contains a functioning automatic
oxygen sensor.
[Added 6-11-2018 by Ord.
No. 591]
Every residential rental property dwelling unit shall have the
following minimum firesafety devices installed and maintained in an
operational condition:
A.
Smoke alarm systems/detectors.
(1)
Smoke detectors installing in accordance with the Building Code
in effect at the time of construction.
(2)
In the event the residential rental property dwelling unit was
constructed prior to any mandated smoke alarm system/detectors, the
following minimum smoke alarm/detectors shall be installed and maintained:
(a)
One single-station smoke detector in each sleeping area, one
single-station smoke detector in any common hallway leading to sleeping
areas, and one smoke detector on each level of the residential rental
property; and,
(b)
All common areas of a residential rental property dwelling unit
shall have at least one smoke detector for each 1,000 square feet
of floor area.
B.
Carbon monoxide detectors.
(1)
A carbon monoxide detector shall be installed in any common
hallway leading to a sleeping area(s) and one carbon monoxide detector
on each level of a residential rental property dwelling unit.
(2)
All common areas of a residential rental property dwelling unit
shall have at least one carbon monoxide detector.
C.
Fire extinguishers.
(1)
Each residential rental property dwelling unit shall have a
minimum of one Class A:B:C multipurpose fire extinguisher to be firmly
attached to the structure in a location accessible to the tenant(s)
residing in the dwelling unit. The extinguisher shall have a minimum
five-pound capacity, multipurpose dry chemical, classification 2A
10-B:C, capable of an eight-to-ten-second sustained flow of extinguishing
agent, with horizontal range of five to 12 feet.
(2)
There shall be at least one functioning and operable fire extinguisher
located on each level of occupancy.
(3)
All common areas of a residential rental property shall have
at least one fire extinguisher installed.
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 weathertight, watertight 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 then 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 premises
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 weathertight
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 dwelling unit to outside space shall have supplied
properly fitting screens having at least sixteen-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 upper 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 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.
H.
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.
I.
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, ordinance and regulation of the Borough and the Commonwealth
of Pennsylvania.
J.
No owner, operator or occupant shall cause any service, facility,
equipment or utility which is required under this chapter to be removed
from or 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.
K.
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.
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, plus one occupant unrelated to the family,
except for guest or domestic employees, shall occupy a dwelling unit
unless a permit for a rooming house has been granted by the appropriate
authority.
B.
In the case of rental properties which contain attached or detached garages, garage space must be rented with the dwelling unit to insure adequate off-street parking in accordance with Ch. 224, Zoning, requirements and may not be rented to a nontenant of the property unless adequate parking spaces exist.
No person shall operate a rental property rooming house or shall
occupy or let to another for occupancy any rental property dormitory
room and/or rooming unit in any rooming house which is not in compliance
with the provisions of this chapter. No owner or other person shall
occupy or let to another person any rooming unit or dormitory room
unless it is clean and sanitary and complies with all applicable requirements
of the Borough of Dallastown including the following:
A.
No person shall operate a rental property rooming house unless he
holds a valid occupancy permit issued by the appropriate authority
in the name of the operator and for the specific dwelling or dwelling
unit. The operator shall apply to the appropriate authority upon compliance
by the operator with the applicable provisions of this chapter and
of any rules and regulations adopted pursuant thereto. The permit
shall be transferable. Every person holding such a permit shall give
notice, in writing, to the appropriate authority within 24 hours after
having sold, transferred, given away or otherwise disposed of ownership
of, interest in or control of any rooming house. Such notice shall
include the name and address of the person succeeding to the ownership
control of such 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 rooming
house, including members of the operator's family wherever they share
the use of said facilities, provided that:
(1)
In a 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.
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.
E.
Structurally sound handrails shall be provided on any steps containing
three risers or more. If steps are not enclosed, handrails and balusters
spaced no more than six inches apart shall be provided. Porches and/or
balconies located more than three feet higher than the adjacent areas
shall have structurally sound protective handrails 30 inches to 36
inches high, and, if unenclosed, balusters spaced no more than six
inches apart shall also be provided.
A.
The Codes Enforcement Officer is hereby authorized and directed to
inspect rental property rooming houses and all other rental properties
subject to the provisions of this chapter.
B.
The Codes Enforcement Officer shall inspect each rental property
in the Borough to determine compliance with this chapter once every
two years pursuant to a reasonable schedule to be established by such
officer, or in response to a complaint that an alleged violation of
the provisions of this chapter 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 chapter
or any rules and regulations pursuant thereto has been committed.
[Amended 2-11-2002 by Ord. No. 481]
C.
The Codes Enforcement Officer is authorized and directed to make
inspections at any reasonable hour to determine compliance with this
chapter. For this purpose, the Codes Enforcement Officer is authorized
to enter and examine any rental property or rooming house, 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.
D.
The Codes Enforcement Officer is hereby authorized to inspect the
premises surrounding dwellings, dwelling units, rooming houses, rooming
units and dormitory rooms subject to this chapter for the purpose
of determining whether there is compliance with its provisions.
E.
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 subject to this chapter may agree to an inspection
by appointment at a time other than the hours provided by this chapter.
The owner, agent or person in charge must be present at all times
during the inspection.
F.
The owner or occupant or other person in charge of a rental property
dwelling, dwelling unit, rooming house or dormitory room, 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 dwelling, dwelling unit, rooming house, dormitory room or to
the premises surrounding any of these. Before making inspections within
a contiguous area, the Codes Enforcement Officer shall first consult
with organizations representative of property owners and other residents
of such contiguous area, if any such organization exist.
G.
If any owner or occupant or other person in charge of a rental property
dwelling, dwelling unit, rooming unit, dormitory room or a multiple
dwelling or rooming house subject to the provisions of this chapter
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 chapter 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.
If any owner or occupant or other person in charge of a rental property
subject to the provisions of this chapter refuses, impedes, inhibits,
interferes with, restricts or obstructs entry and free access to any
part of the dwelling unit or premises where inspection is authorized
by this chapter is sought, the Codes Enforcement Officer and the Borough
are authorized to seek in a court of competent jurisdiction an order
that such person in charge cease and desist with such interference.
Such person may also be liable for such fines and criminal penalties
as set forth in other sections of this chapter.
H.
The Codes Enforcement Officer and the Borough shall have the authority
to institute any action permitted by law to enforce the provisions
of this chapter.
I.
Any inspection scheduled pursuant to any provision of this chapter may be canceled one time by contacting the Borough Office during normal business hours at least 72 hours in advance of the scheduled inspection. Failure to comply with these procedures for canceling, or canceling the inspection more than one time, will result in the imposition of a cancellation fee as set forth in § 151-22 of this chapter.
[Added 2-24-2003 by Ord.
No. 492]
Every person owning a rental property rooming house or other
rental property shall give notice, in writing, to the Codes Enforcement
Officer within 24 hours after having transferred or otherwise disposed
of the legal control of any licensed rooming house or rental property.
Such notice shall include the name and address of the person or persons
succeeding to the ownership or control of such rooming house or rental
property.
Every owner or other person in charge of a rental property or
rooming house shall keep or cause to be kept records of all request
for repairs and complaints by tenants, which are related to the provisions
of this chapter 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 for inspection and copying
upon demand. Such records shall be admissible in any administrative
or judicial proceedings pursuant to the provisions of this chapter
as prima facie evidence of the violation or the correction of violations
of this chapter or applicable rules and regulations pursuant thereto.
Whenever, upon inspection of the rental property or rooming
house or of the records required to be kept by this chapter, the Codes
Enforcement Officer finds that conditions or practices exist which
are in violation of the provisions of this chapter or of any applicable
rules and regulations pursuant thereto, the Codes Enforcement Officer
or the Borough shall serve the owner or other person in charge with
notice of such violation in a manner hereinafter provided. Such notice
shall state that unless the violations cited are corrected within
the time provided, the owner shall be subject to penalties provided
by this chapter.
[Amended 12-11-2006 by Ord. No. 543; 12-11-2023 by Ord. No. 599]
Every person proposing to operate a rental property or rental
property rooming house approved by the Borough for such purpose shall
be required to register said rental property or rental property rooming
house with the Borough of Dallastown. A registration fee is hereby
imposed upon each rental property or rental property rooming house
located in the Borough of Dallastown and shall be paid to the Borough
of Dallastown by the owner thereof. If a rental property contains
more than one dwelling unit, the registration fee is hereby imposed
upon each such dwelling unit. If the rental registration fee remains
unpaid as of the last business day in February for any year in which
it is due, a fee of $10 per month shall be added on the first day
of every month the rental registration fee remains unpaid. This amount
shall be due in addition to any other amounts set forth herein for
noncompliance with the terms of this chapter and may be increased
or decreased by resolution of Council.
The Codes Enforcement Officer may propose for adoption by the
Borough Council such rules and regulations, and revisions and amendments
thereto, as are deemed appropriate for giving effect to the purpose
of this chapter.
A.
Whenever the Codes Enforcement Officer determines that any dwelling,
dwelling unit or rooming house or the premises surrounding any of
these fails to meet the requirements set forth in this chapter or
in applicable rules and regulations issued pursuant hereto, such Officer
or the Borough Manager or other Borough designee 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:
(1)
Be in writing.
(2)
Set forth the alleged violations of this chapter or of applicable
rules and regulations issued pursuant thereto.
(3)
Describe the dwelling, dwelling unit, rooming unit or premises where
the violation is alleged to exist or to have been committed.
(4)
Provide a reasonable time for the correction of any violation alleged.
The time for compliance shall take into consideration the seriousness
of the violation and the climatic conditions. The Codes Enforcement
Officer or the Borough Manager 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.
(5)
Be served upon the owner or occupant or other person in charge of
the dwelling, dwelling unit, rooming unit 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 dwelling, dwelling
unit, rooming unit or premises described in the notice or by causing
such notice to be published in a newspaper for three consecutive days.
(6)
Be served upon a resident agent for the receipt of such service of
notice designated pursuant to this chapter.
B.
All rental property dwellings, dwelling units, rooming house, rooming
units, dormitory rooms must register at the Borough Office each year
between January 1 and January 31. All owners or legal controlling
persons must comply with registration providing name of occupant,
roomers or person living with the dwelling, dwelling unit, rooming
unit or dormitory, and provide the names and address of owner along
with other needed information.
C.
At the end of the period of time allowed for the correction of any
violation alleged, the Codes Enforcement Officer shall reinspect the
dwelling, dwelling unit, rooming unit or premises described in the
notice.
D.
Designation of unfitness.
(1)
Whenever the Codes Enforcement Officer finds that any dwelling, dwelling
unit or rooming unit 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 chapter and any amendments thereto, the Codes Enforcement
Officer or the Borough Manager shall designate such dwelling as unfit
for human habitation. Such designation shall be posted on the dwelling
or dwelling unit and shall specify the reason or reasons. It shall
be unlawful for any person other than the Codes Enforcement Officer
to remove such notice.
(2)
Any dwelling or dwelling unit 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 or the Borough Manager has removed the designation
and given written approval for occupancy.
(3)
Any person aggrieved by a designation of unfitness for human habitation
may appeal to the Building Appeals Board, as provided in this chapter.
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 chapter where
they are applicable and more stringent. All other regulations of the
Borough shall be complied with where they are applicable.
[Amended 12-11-2006 by Ord. No. 543]
All fees and charges due under this chapter that remain unpaid
for 30 days may be recovered by the Borough as other debts due the
Borough are now by law recovered, together with attorneys' fees, and
shall constitute a municipal claim against the property for which
the fee was charged.
[Amended 3-13-2017 by Ord. No. 586-2017]
A.
Any owner or occupant or other person in charge of a rental property
who has received notice of a violation of this chapter and fails to
take the necessary corrective action shall, upon conviction thereof,
be sentenced to pay a fine of not less than $50 nor more than $1,000,
together with the costs of prosecution, and, in default thereof, be
sentenced to imprisonment in the York County Prison for a period of
not more than 30 days. Each day of continued violation shall constitute
a separate offense.
B.
Any owner or occupant or other person in charge of a rental property
convicted of three or more violations of this chapter, or any other
chapter of the Code of Ordinances of the Borough of Dallastown, York
County, Pennsylvania, within any twelve-month period shall immediately
have the rental registration for such property revoked for a period
of twelve (12) months from the date the revocation of the rental registration
becomes effective. Upon the expiration of the twelve-month revocation
period, the owner or occupant or other person in charge of a rental
property may reapply with the Borough for a new registration and shall
be required to pay the registration fee as provided in this chapter.
Should the owner or occupant or other person in charge of the rental
property continue to rent, lease, or otherwise allow a tenant to reside
in the rental property during the period of the revocation of the
rental registration, said owner or occupant or other person in charge
of the rental property shall be subject to the violations, penalties,
and other enforcement remedies as provided in this chapter or the
Code of Ordinances of the Borough of Dallastown, York County, Pennsylvania.
Each day of continued violation shall constitute a separate offense.
A.
Any person aggrieved by a determination of violation issued by the
Codes Enforcement Officer, Borough Manager or other Borough designee
may appeal the determination to the Building Appeals Board on an appeal
form which may be obtained from the Codes Enforcement Officer or the
Borough Manager.
B.
The appeal must be filed with the Borough Manager not later than
15 days after the date of the determination of violation.
C.
An appeal fee shall be paid by the appellant at the time the appeal
is filed. The amount of the appeal fee hereby imposed may be set by
the Borough Council by resolution from time to time. 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.
D.
The Building Appeals Board shall meet to hear the appeal not later
than 45 days after the appeal is filed. Notice of the time and date
and place of the hearing shall be sent by ordinary mail to the appellant
or the appellant's attorney of record not less than 10 days prior
to the date and time of the hearing.
A.
A Building Appeals Board is hereby established to hear and determine
appeals filed under this chapter. The Building Appeals Board shall
consist of three members who shall be residents of the Borough of
Dallastown. The Borough Council shall appoint the members of the Building
Appeals Board, and may also appoint one alternate member for the Board.
The term of office for the members and alternate member of the Building
Appeals Board shall be three years, which terms shall run from January
1 to December 31, of the applicable years; except for the initial
Building Appeals Board which shall have one of its regular members
appointed for one year, one of its regular members appointed for two
years, and one of its regular members appointed for three years. After
the appointment of the initial members of the Building Appeals Board,
the terms of all subsequent members of the Building Appeals Board
shall be staggered so that each will end in a different year. If the
Borough Council appoints an alternate member of the Board, such alternate
member may act as a member of the Building Appeals Board only where
a regular member of the Board is absent.
B.
The Building Appeals Board may establish such rules and regulations
to regulate the conduct of its hearings as it may deem appropriate.
The Board shall elect from its members a Chairperson, Vice-Chairperson
and Secretary annually.
C.
The burden of proof shall be on the Codes Enforcement Officer to
establish a violation of this chapter. The determination of the Codes
Enforcement Officer shall be affirmed if supported by substantial
evidence. Formal rules of evidence shall not apply so long as the
decision of the Building Appeals Board is based on reliable information,
but the decision of the Building Appeals Board may not be based solely
on hearsay evidence.
[Amended 2-24-2003 by Ord. No. 492; 12-11-2006 by Ord. No. 543]
A.
The registration fee imposed by this chapter shall be commensurate
with the average of the expenses incurred by the Borough in connection
with registering and inspecting properties under this Rental Properties
Maintenance and Housing Occupancy Ordinance of the Borough of Dallastown
and all other administrative matters associated with this chapter.
B.
A cancellation fee is hereby imposed in and for the following occurrences: canceling any inspection more than one time where such inspection has been scheduled in accordance with this chapter and canceling any scheduled inspection without following the procedures set forth in § 151-10I of this chapter.
C.
A follow-up inspection fee is hereby imposed for each inspection
subsequent to the initial biannual inspection of a rental unit or
rental property rooming house where the initial inspection thereof
under this chapter failed.
D.
The amount of the registration fee imposed by this chapter shall
be at the annual rate of $50, payable by January 31 of each year or
within 30 days after a property becomes a rental property, without
proration, whichever first occurs. The amount of the cancellation
fee imposed by this chapter shall be $25 for each cancellation as
defined herein. The amount of the follow-up inspection fee imposed
by this chapter shall be $25 for each such follow-up inspection. The
rate of these fees may be amended and set from time to time by resolution
of the Council of the Borough of Dallastown.
In any case where a provision of this chapter 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 ordinance, 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 chapter is found
to be in conflict with provision of any other ordinance or code of
the Borough existing on the effective date of this chapter which establishes
a lower standard for the promotion and protection of the health and
safety of the people, the provisions of this chapter 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 chapter.