The Code Enforcement Officer may initiate disciplinary action against an owner that may result in a formal warning, nonrenewal, suspension or revocation of the owner's license for violating any provision of this part that imposes a duty upon the owner and/or for failing to regulate the breach of duties by occupants as provided herein.
As used in this article, the following terms shall have the meanings indicated:
FORMAL WARNING
Formal written notification of at least one violation of this part. Upon satisfactory compliance with this part and any conditions imposed by the Code Enforcement Officer and/or Borough Council, the formal warning shall be removed when the owner applies for license renewal at a time set by the Code Enforcement Officer or by Borough Council.
NONRENEWAL
The denial of the privilege to apply for license renewal after expiration of the license term. The Borough will permit the owner to maintain occupants in the premises until the end of the license term but will not accept applications for renewal of the license until a time set by the Code Enforcement Officer or by Borough Council.
REVOCATION
The immediate loss of the privilege to rent regulated rental units for a period of time set by the Code Enforcement Officer or Borough Council and the loss of the privilege to apply for renewal of the license at the expiration of the time period. Upon the loss of the privilege to rent, the owner shall take immediate steps to evict the occupants.
SUSPENSION
The immediate loss of the privilege to rent regulated rental units for a period of time set by the Code Enforcement Officer or Borough Council. The owner, after the expiration of the suspension period, may apply for license renewal without the need to show cause why the owner's privilege to apply for a license should be restrained. Upon suspension, the owner shall take immediate steps to evict the occupants.
The Code Enforcement Officer, when recommending discipline, and Borough Council, when applying discipline, shall consider the following:
1. 
The effect of the violation on the health, safety and welfare of the occupants of the regulated rental unit and other residents of the premises.
2. 
The effect of the violation on the neighborhood.
3. 
Whether the owner has prior violations of this part and other ordinances of the Borough or has received notices of violations as provided for in this part.
4. 
Whether the owner has been subject to disciplinary proceedings under this part.
5. 
The effect of disciplinary action on the occupants.
6. 
The action taken by the owner to remedy the violation and to prevent future violations, including any written plan submitted by the owner.
7. 
The policies and lease language employed by the owner to manage the regulated dwelling unit to enable the owner to comply with the provisions of this part.
8. 
In addition to applying discipline as set forth above, the Code Enforcement Officer may recommend and Borough Council may impose, upon the existing or subsequent licenses, reasonable conditions to fulfilling the purposes of this part.
Any of the following may subject an owner to discipline as provided for in this article.
1. 
Failure to abate a violation of Borough codes and ordinances that apply to the premises within the time directed by the Code Enforcement Officer.
2. 
Refusal to permit the inspection of the premises by the Code Enforcement Officer as required by § 11-226 of this part.
3. 
Failure to take steps to remedy and prevent violations of this part by occupants of regulated rental units as required by § 11-203 of this part.
4. 
Failure to file and implement an approved plan to remedy and prevent violations of this part by occupants of a regulated rental unit as required by § 11-203 of this part.
5. 
Failure to evict occupants after having been directed to do so by the Code Enforcement Officer of the Borough as provided for in § 11-203 of this part.
6. 
Three violations of this part or other ordinances of the Borough that apply to the premises within a license term. For purposes of this part, there need be no criminal conviction before a violation can be found to exist. Before a prior violation can be considered under this section, the owner must have received notice in writing of this violation within 30 days after the Code Enforcement Officer received notice of the violation.
1. 
Notification. Following a determination that grounds for nonrenewal, suspension or revocation of a license exist, the Code Enforcement Officer shall notify the owner of the action to be taken and the reason therefor. Such notification shall be in writing, addressed to the owner in question, and shall contain the following information:
A. 
The address of the premises in question and identification of the particular regulated rental unit(s) affected.
B. 
A description of the violation which has been found to exist.
C. 
A notice that the regulated rental unit(s) is in violation of this part, with a specification of the grounds of the violation. Such violations must be cured within 30 days from the date of the notice.
D. 
Notice that each day the violation remains shall be a separate violation and punishable under Article F below. The Borough shall further have the right to enjoin the obligations and duties created under this part.
E. 
A statement informing the owner that he, she or it has a right to appeal the decision that the owner is in violation of this part by submitting in writing to the Borough Secretary/Manager, within 30 days from the date printed on the notice, a detailed statement of the appeal, including the grounds therefor and the reason(s) alleged as to why the determination of the Code Enforcement Officer is incorrect or should be overturned, and a statement of the relief requested by the appellant. Such notice of appeal may be required to be submitted on a form to be prescribed therefor by Borough Council, to be signed by the appellant. There is hereby imposed a fee for filing of such appeals, the amount of which shall be determined and established from time to time by resolution of Borough Council.
F. 
Upon receipt of such an appeal in proper form, accompanied with the requisite filing fee, the Borough Secretary/Manager shall schedule a hearing to be held at the time and date of the next regularly scheduled Borough Council meeting not less than 10 days from the date on which the appeal is filed.
G. 
The appellant and the Code Enforcement Officer shall receive written notice of the hearing on the appeal.
H. 
Borough Council shall hold a hearing on the appeal, which shall be conducted in accordance with the Local Agency Law, 2 Pa.C.S.A. §§ 551 to 555. The appellant and all other parties having an interest may be heard. Based on the facts and arguments of the appellant and of the Code Enforcement Officer or other public officials involved, and any relevant factual presentations of other parties, Borough Council shall make a decision either affirming, reversing or modifying the action of the Code Enforcement Officer from which the appeal was taken. Such decision shall be rendered at a public meeting either immediately following the hearing or within 30 days thereafter. The decisions shall be reduced to writing, stating clearly the factual and legal basis for the decision, within 45 days after the hearing. If Borough Council deems it necessary or desirable, it may continue the hearing to a subsequent time and date not later than 30 days from the initial hearing, which time and date shall be openly announced at the initial hearing, and in such case, the time limits for rendering the decision and reducing it to writing set forth herein shall be calculated from the last hearing date (at which the substance of the decision is orally announced).
2. 
Delivery of notification.
A. 
All notices shall be sent to the owner or manager, if applicable, by certified mail. In the event that the notice is returned by the postal authorities marked "unclaimed" or "refused," then the Code Enforcement Officer shall attempt delivery by personal service on the owner or manager, if applicable. The Code Enforcement Officer shall also post the notice at a conspicuous place on the premises.
B. 
If personal service cannot be accomplished after a reasonable attempt to do so, then the notice may be sent to the owner or manager at an address stated on the most current license application for the premises in questions by regular first-class mail, postage prepaid. If such notice is not returned by the postal authorities within five days of its deposit in the U.S. Mail, then it shall be deemed to have been delivered to and received by the addressee on the fifth day following its deposit in the U.S. Mail, and all time periods set forth under Subsection 1 above shall thereupon be calculated from said fifth day.