[Ord. 585, 9/12/2011]
1. 
Purpose/Scope/Declaration of Policy and Findings.
A. 
General. It is the further purpose of this Subpart and the policy of the Council of the Home Rule Borough of Edinboro, in order to protect and promote the public health, safety and welfare of its citizens, to establish rights and obligations of owners and occupants relating to the rental of certain dwelling units in the Home Rule Borough of Edinboro and to encourage owners and occupants to maintain and improve the quality of rental housing within the community. It is also the policy of the Borough that owners, managers and occupants share responsibilities to obey the various codes adopted to protect and promote public health, safety and welfare. As means to those ends, this Subpart provides for a system of inspections; issuance and renewal of rental license; and sets penalties for violations. This Subpart shall be liberally construed and applied to promote its purposes and policies.
B. 
In considering the adoption of this Subpart, the Council of the Home Rule Borough of Edinboro makes the following findings:
(1) 
There is a greater incidence of violations of various codes of the Borough at residential properties where owners do not reside in the Borough and rent such property to three or more unrelated individuals than at owner-occupied residential properties or family-occupied residential rental properties.
(2) 
There is a greater incidence of problems with the maintenance and upkeep of residential properties where owners do not reside in the Borough and rent such property to three or more unrelated individuals than at owner-occupied residential properties or family-occupied residential rental properties.
(3) 
There is a greater incidence of disturbances which adversely affect the peace and quiet of the neighborhood at residential properties where owners rent to three or more unrelated individuals than at owner-occupied residential properties or family-occupied residential rental properties.
[Ord. 585, 9/12/2011]
1. 
General. The following words and terms shall, for the purposes of this Subpart, have the meanings shown herein.
AGENT
See "responsible local agent."
APPLICATION FOR REGULATED RENTAL LICENSE
The form required to be executed by owner/landlord, requiring the information set forth thereon.
APPROVED CARBON MONOXIDE ALARM
The term includes:
[Added by Ord. 598, 4/13/2015]
A. 
A single or multiple station carbon monoxide alarm listed as complying with the Approved American National Standard for Single and Multiple Station Carbon Monoxide Alarms (ANSI/UL2034) or a carbon monoxide detector listed as complying with the Approved American National Standard for Gas and Vapor Detectors and Sensors (ANSI/UL2075) installed in accordance with this Subpart.
B. 
A device that may be combined with a smoke alarm or smoke detector if the combined smoke alarm or detector meets all of the following:
(1) 
Complies with either of the following:
(a) 
The Approved American National Standard for Single and Multiple Station Carbon Monoxide Alarms (ANSI/UL2034) for carbon monoxide alarms and the Approved American National Standard for Single and Multiple Station Smoke Alarms (ANSI/UL217) for smoke alarms.
(b) 
The Approved American National Standard for Gas and Vapor Detectors and Sensors (ANSI/UL2075) for carbon monoxide detectors and the Approved American National Standard for Safety for Smoke Detectors for Fire Alarm Systems (ANSI/UL268) for smoke detectors.
(2) 
Emits an alarm in a manner that clearly differentiates between detecting the presence of carbon monoxide and the presence of smoke.
C. 
A carbon monoxide detection system that includes carbon monoxide detectors and audible notification appliances that are installed and maintained in accordance with the National Fire Alarm and Signaling Code (NFPA 72) and the Standard for the Installation of Carbon Monoxide (CO) Detection and Warning Equipment (NFPA 720) and are in compliance with the Approved American National Standard for Gas and Vapor Detectors and Sensors (ANSI/UL2075).
BOROUGH
The Home Rule Borough of Edinboro.
CODE
Any code or ordinance adopted, enacted, and/or in effect in and for the Borough concerning fitness for habitation or the construction, maintenance, operation, occupancy, use or appearance of any premises or dwelling unit. Included within, but not limited by, this definition are the following which are in effect as of the date of enactment of this Subpart. Current version of referenced ICC codes of the Pa. Uniform Construction Code, 2009 International Property Maintenance Code (as amended). Weed and Vegetation Control Ordinance [Chapter 10, Part 1]; Sidewalk Maintenance and Ice Removal Ordinance [Chapter 21] of the Borough Code; Garbage, Rubbish and Refuse Ordinance [Chapter 20, Part 1]; Zoning Ordinance [Chapter 27]; and any duly enacted amendment or supplement to any of the above and any new enactment falling within this definition.
CODE ENFORCEMENT OFFICER
The duly appointed person having charge of the Office of Building, Planning and Zoning of the Borough and any assistants, deputies or other duly authorized representatives thereof.
DWELLING
A building having one or more dwelling units.
DWELLING UNIT
A single unit providing complete, independent living facilities for one or more persons, including permanent provisions for living, sleeping, eating, cooking and sanitation.
FAMILY
Definition found in Borough Zoning Ordinance [Chapter 27].
FOSSIL FUEL
Coal, kerosene, oil, wood, fuel gases and other petroleum or hydrocarbon products which emit carbon monoxide as a by-product of combustion.
[Added by Ord. 598, 4/13/2015]
GUEST
A person on the premises with the actual or implied consent of an occupant.
INSTALLED
When used in reference to a carbon monoxide alarm, "installed" means a carbon monoxide alarm that is hardwired into the electrical wiring, directly plugged into an electrical outlet without a switch, other than a circuit breaker, or, if the alarm is battery-powered, attached to the wall or ceiling of a regulated rental unit, in accordance with the Standard for the Installation of Carbon Monoxide (CO) Detection and Warning Equipment (NFPA 720).
[Added by Ord. 598, 4/13/2015]
LANDLORD
One or more persons, jointly or severally, in whom is vested all or part of the legal title to the premises, or all or part of the beneficial ownership and a right to present use and enjoyment of the premises, including a mortgage holder in possession of a regulated rental unit (same as owner).
LICENSE
The license issued to the owner of regulated rental units under this chapter, which is required for the lawful rental of a regulated rental unit.
MULTIPLE UNIT DWELLING
A building containing two or more independent dwelling units, including, but not limited to, double houses, row houses, townhouses, condominiums, apartment houses, and conversion apartments.
OCCUPANT
An individual who resides in a regulated rental unit, whether or not he or she is the owner thereof, with whom a legal relationship with the owner/landlord is established by a written or oral lease or by the laws of the Commonwealth of Pennsylvania (same as tenant).
OPERATIONAL
When used in reference to a carbon monoxide alarm, "operational" means working and in service.
[Added by Ord. 598, 4/13/2015]
OWNER
One or more persons, jointly or severally, in whom is vested all or part of the legal title to the premises or all or part of the beneficial ownership and a right to the present use and enjoyment of the premises, including a mortgage holder in possession of a regulated rental unit (same as landlord).
OWNER OCCUPIED DWELLING UNIT
A dwelling unit in which the owner resides on a regular, permanent basis.
PERSON
A natural person, partnership, corporation, unincorporated association, limited partnership trust, or any other entity.
PREMISES
Any parcel of real property in the Borough, including the land and all buildings and appurtenant structures or appurtenant elements, on which one or more regulated rental units are located.
PROPERTY MAINTENANCE APPEALS BOARD
A Board consisting of three Home Rule Borough of Edinboro residents appointed by Borough Council. See § 5-211 and § 1-241 of Codified Ordinances (also known as the "Housing Review Board").
REGULATED RENTAL UNIT
A dwelling unit or rooming unit leased or rented to a person or persons.
RENTAL AGREEMENT
Written or oral agreement also called a lease, between owner/landlord and occupant/tenant.
RESPONSIBLE LOCAL AGENT
An adult individual designated by the owner of a regulated rental unit under § 5-293, Subsection 2. The responsible local agent shall be the agent of the owner for service of due process and receiving notices or demands and to perform the obligations of the owner under this Subpart and under rental agreements with occupants.
ROOMING HOUSE
A building arranged or occupied for lodging, with or without meals, for compensation and not occupied as a one-family or two-family dwelling.
ROOMING UNIT
Any room or group of rooms in a rooming house forming a single habitable unit occupied or intended to be occupied for sleeping or living, but not for cooking purposes.
TENANT
An individual who resides in a regulated rental unit, whether or not he or she is the owner thereof with whom a legal relationship with the owner/landlord is established by a written or oral lease or by the laws of the Commonwealth of Pennsylvania (same as occupant).
TENANT INFORMATION FORM
The summary of Borough Ordinances required to be delivered to tenant(s)/occupant(s) of each regulated rental unit.
UNRELATED
Of or pertaining to persons not related to one another through blood to the level of second cousins, adoption or marriage.
[Ord. 585, 9/12/2011]
1. 
General.
A. 
It shall be the duty of every owner to keep and maintain all regulated rental units and premises in compliance with all applicable codes and provisions of all other applicable state laws and regulations and local ordinances, and to keep such property in good and safe condition. As provided for in this Subpart and code, every owner shall be responsible for regulating the proper and lawful use and maintenance of every dwelling which he, she or it owns.
B. 
This section shall not be construed as diminishing or relieving, in any way, the responsibility of occupants or their guests for their conduct or activity; nor shall it be construed as an assignment, transfer, or projection over or onto any owner of any responsibility or liability which occupants or their guests may have as a result of their conductor activity under any private cause of action, civil or criminal enforcement proceeding, or criminal law; nor shall this section be construed so as to require an owner to indemnify or defend occupants or their guests when any such action or proceeding is brought against the occupant based upon the occupant's conduct or activity.
C. 
This Subpart is not intended to, nor shall its effect be, to limit any other enforcement remedies which may be available to the Borough against an owner, occupants, or guest thereof.
2. 
Designation of Responsible Local Agent. Every owner shall designate a responsible local agent who shall reside either on the premises or within five miles of the Borough boundary. The responsible local agent shall be the agent of the owner for service of process and receiving of notices and demands, as well as for performing the obligations of the owner under this Subpart and under rental agreements with tenants. The identity, address and telephone number(s) of the designated responsible local agent hereunder shall be provided by owner or responsible local agent to the Borough, and such information shall be kept current and updated as it changes. Naming a responsible agent is also required if an owner plans to be absent for periods of time longer than 15 days. The owner or responsible local agent shall disclose the name, address and telephone number of the responsible local agent to the tenant in writing on or before the commencement or renewal of the tenancy.
3. 
Application for Residential Property Housing License/Regulated Rental License. At the time of annual renewal for residential rental property licenses (formerly known as occupancy permits), which is set on or before December 31 of each year, the owner shall complete and sign the application form; prepared by or at the direction of the Code Enforcement Officer, and shall require the owner to provide:
[Amended by Ord. No. 613, 1/7/2019]
A. 
The names and addresses of the owner and the responsible local agent, if applicable.
B. 
The address(es) and unit/room/apartment number(s) of the regulated rental unit(s).
C. 
A list of the names of all adult tenants or heads of family in each unit.
D. 
The actual number of tenants and the maximum number of tenants permitted per regular rental unit.
E. 
The number of smoke detectors per unit.
F. 
Fire extinguisher availability.
G. 
His/her signature attesting to the owner's compliance with the specified Borough Ordinances, including Subsection 4 of this section, that tenants have received the tenant information form.[1]
[1]
Editor's Note: Former Subsection 3.H. pertaining to student houses, which immediately followed this subsection, was repealed by Ord. No. 621, 8/9/2021.
4. 
Tenant Information Form. This brief summary of ordinances that apply (or may apply) to the tenants of regulated rental units, shall be provided by the Borough Code Enforcement Office to the owners, who shall check any additional sections which apply to that unit, and give them to the Tenants of each unit, with appropriate explanations.
5. 
Maintenance of Premises. The owner shall maintain the premises in compliance with the applicable codes of the Borough and shall regularly perform all routine maintenance of mechanical equipment, and shall promptly make any and all repairs necessary to fulfill this obligation. The owner shall maintain the premises with regard to lawn mowing and ice and snow removal, if applicable. The owner shall reply promptly to reasonable complaints and inquiries from tenants.
6. 
Prohibited Provisions. Except as otherwise provided by this Subpart, no rental agreement may provide that the tenant or owner agrees to waive or to forego rights or remedies under this Subpart. A provision prohibited by this subsection which is included in a rental agreement is unenforceable.
7. 
Inspections by Code Enforcement Officer. The owner shall permit inspections of any premises by the Code Enforcement Officer at reasonable times upon reasonable notice. The Code Enforcement Officer may inspect premises with a tenant's approval at any reasonable time. Upon receiving notice of any code violations from the Code Enforcement Officer, the owner shall take action within 24 hours, or cause the necessary action to be taken, to abate the offending condition and eliminate the violation.
8. 
Utility Services.
A. 
In circumstances where due to state or local law, the owner is the financially responsible party for payment of utility services, it shall be the duty of the owner to assure that service is not interrupted due to nonpayment. Failure to comply with this provision is a violation of the Subpart.
B. 
Example.
(1) 
Utility service.
(2) 
Apartments — utilities in landlord name.
9. 
Notification of Parking Availability. The owner shall provide tenants with written notice of the amount of available parking spots on the property, alternative parking availability, and any on street parking restrictions for those streets upon which the property has frontage, including, but not limited to, seasonal parking restrictions as adopted by the Borough.
[Added by Ord. No. 621, 8/9/2021]
[Ord. 585, 9/12/2011]
1. 
General. The tenant shall comply with all obligations imposed upon tenants by this chapter, all applicable codes and ordinances of the Borough and all applicable provisions of state law, including, but not limited to, Grass and Weed Control Ordinance [Part 3] (see form for general provisions thereof) and the Snow and Ice Removal Ordinance [Chapter 21, Part 4].
2. 
Health and Safety Regulations. The tenant shall dispose of from his or her regulated rental unit all rubbish, garbage, and other waste, in a clean and safe manner, and separate and place for collection all recyclable materials in compliance with the Borough's Garbage, Refuse and Rubbish Ordinance [Chapter 20, Part 1].
3. 
Residential Use. The tenant shall occupy or use his or her regulated rental unit for no other purpose than as a residence in compliance with Zoning Ordinance [Chapter 27], including, but not limited to, the maximum permitted number of occupants.
4. 
Inspection of Premises. The tenant shall permit inspections by the Code Enforcement Officer of the premises at reasonable times, upon reasonable notice. The Code Enforcement Officer may inspect premises with the owner's approval at any reasonable time.
[Ord. 585, 9/12/2011]
1. 
License Requirement.
A. 
All residential occupancies which are rented, leased or occupied by persons other than legal owner are required to obtain regulated rental license prior to tenant occupancy. The following occupancies require a regulated rental license.
(1) 
Dwelling units or sleeping units of single-family, two-family or multi-family structures.
(2) 
Bed and breakfast occupancies as defined by the Borough Zoning Ordinance [Chapter 27].
(3) 
Hotels and motels.
(4) 
Privately owned dormitory occupancies on the campus of Edinboro University.
(5) 
Off campus fraternity and sorority houses.
(6) 
Exception. Owner occupied single-family dwellings which rent sleeping rooms to no more than two non-related individuals.
B. 
The application for a license shall be made in writing in such form and manner, and in accordance with such instructions as may be determined by the Code Enforcement Officer, shall be signed by the owner and shall include at least the following information:
(1) 
The names and addresses of the owner and responsible local agent, if applicable.
(2) 
The address(es) and unit/room/apartment number(s) of the regulated rental unit(s).
(3) 
A list of the names of all adult tenants or heads of family in each unit.
(4) 
The actual number of tenants and the maximum number of tenants permitted per regulated rental unit.
(5) 
The number of smoke detectors per unit.
(6) 
Fire extinguisher availability.
(7) 
His/her signature attesting to the owner's compliance with the specified Borough ordinances, including § 5-249, Subsection 4 of this Subpart and that tenants have received the tenant information form.[1]
[Amended by Ord. No. 613, 1/7/2019]
[1]
Editor's Note: Former Subsection 1.B(8), which pertained to student houses, added by Ord. No. 613, 1/7/2019, was repealed by Ord. No. 621, 8/9/2021.
C. 
Upon request by the Borough, the owner shall inform the Borough of any changes in names of tenants so revisions can be made to the license.
2. 
Issuance of License, Annual License Term, and Fee.
A. 
Upon the receipt of a fully completed application, including the list of tenants' names and the payment of the appropriate license fee, and provided that the owner is not in violation of this Subpart or any other ordinance or code of the Borough, the Code Enforcement Officer shall issue a license for the property.
B. 
Each license shall have an annual term running from January 1 through December 31. There shall be no proration of yearly fees for any reason whatsoever. Applications received after a due date shall be subject to a late fee.
[Amended by Ord. No. 613, 1/7/2019]
C. 
Upon application for a license and prior to issuance or renewal thereof, each applicant shall pay to the Borough an annual license fee in an amount to be established from time to time by resolution of the Borough Council.[2]
[2]
Editor's Note: Former Subsection 2.D, Type of Regulated Rental License, which immediately followed this subsection, was repealed by Ord. No. 621, 8/9/2021.
3. 
Inspection.
A. 
All premises shall be subject to periodic inspection by the Code Enforcement Officer or another duly authorized agent of the Borough. Such inspection may take place when an application is submitted for a license or at any time during any given two-year period, but such inspection shall take place at least once during any given two-year period.
B. 
This section shall not be construed so as to limit or restrict the Code Enforcement Officer's authority to conduct inspections of premises, whether or not subject to the licensing and inspection requirements of this Subpart, or pursuant to any other ordinance or code.
C. 
Council shall set fees from time to time by resolution for re-inspections following notices of violations.
[Ord. 585, 9/12/2011]
1. 
General. For violating any provision of this code and/or failing to regulate the breach of duties by tenants as provided for herein, the Code Enforcement Officer shall institute an action an impose penalties against an owner by means of a formal violation notice and/or by the non-renewal or revocation of an owner's license.
[Amended by Ord. No. 613, 1/7/2019]
2. 
Definitions of Non-renewal and Revocation.
NON-RENEWAL
The determination by the Code Enforcement Officer that an owner's application for a license should not be granted or renewed because the owner is in violation of a provision or provisions of this code. The Borough may permit the owner to maintain occupants in the premises until the end of the licensed term based on the recommendation of the Code Enforcement Officer. The Code Enforcement Officer will accept applications for renewal of a license, but will not approve or disapprove the same until all prior violations of this code have been corrected.
REVOCATION
Action by the Borough of Edinboro to promptly and permanently revoke, seize, or remove regulated rental license due to frequent recurring evidence and known facts the owner has continuously failed to comply with provisions of the Subpart.
3. 
Failure to File an Application for Regulated Rental License With Borough. In the event that a landlord fails to file a completed application for a regulated rental license as required by § 5-249, Subsection 3, hereof, the Code Enforcement Officer shall provide written notice to the owner that unless owner files the application for regulated rental license with the Borough within 10 business days of the date of the letter, the Code Enforcement Officer may deny license renewal after the expiration of the current license term and/or file charges against the owner as provided for herein.
4. 
Further Grounds for Non-renewal/Revocation of a License. Any of the following shall subject an owner to non-renewal or revocation of a license:
[Amended by Ord. No. 613, 1/7/2019]
A. 
Failure to abate a violation of the various codes and ordinances that apply to the premises within the time directed by the Code Enforcement Officer.
B. 
Refusal to permit the inspection of the premises by the Code Enforcement Officer.
C. 
Failure to take steps to remedy violations of this Subpart by owners and/or occupants of regulated rental units.
D. 
Numerous, repeat and/or continuous violations, which in a cumulative effect are evident the owner is irresponsible with their duties and obligations causing undue inconvenience to the reasonable habitation and jeopardizing the health, safety and welfare of the tenant(s) and further causing additional enforcement activities by code department staff.
[Ord. 585, 9/12/2011]
1. 
Basis for Violation. It shall be unlawful for any person, as either owner or responsible local agent of a regulated rental unit for which a license is required, to operate without a valid, current license issued by the Borough authorizing such operation. It shall also be unlawful for any person, either owner or responsible local agent, to allow the number of occupants of a regulated rental unit to exceed the maximum limit licensed by this code or the Borough Zoning Ordinance [Chapter 27], or to violate any other provision of this code. It shall be unlawful for any occupant/tenant to violate this Part. Any of the following may subject an owner to penalties and/or action as provided for in this code:
A. 
Failure to abate a violation of the codes and ordinances that apply to the premises within the time directed by the Code Enforcement Officer.
B. 
Refusal to permit the inspection of the premises by the Code Enforcement Officer.
C. 
Failure to take steps to remedy violations of this Part by owners and/or occupants of regulated rental units.
D. 
Failure to file a completed application for a regulated rental license.
2. 
Non Exclusive Remedies. Any person who is found guilty of violating any of the provisions of this Part shall, upon conviction thereof, be sentenced to pay a fine of not less than $50 nor more than $1,000, and all costs of prosecution, for each and every offense provided and, in default of payment of said fine and costs, to a term of imprisonment not to exceed 30 days. Each day that a violation of this Part continues or each section of this Part which shall be found to have been violated shall constitute a separate offense. The penalty provisions of this Part and the license non-renewal procedures provided in this Part shall be independent, non-mutually exclusive, separate remedies, all of which shall be available to the Borough as may be deemed appropriate, for carrying out the purposes of this Part. The remedies and procedures provided in this Part for violation hereof are not intended to supplant or replace, to any degree, the remedies and procedures available to the Borough in the case of a violation of any other code or ordinance of the Borough, whether or not such other code or ordinance is referenced in this Part and whether or not an ongoing violation of such other code or ordinance is cited as the underlying ground for a finding of a violation of this Part.
[Ord. 585, 9/12/2011]
1. 
Procedure for Imposition of Penalties and/or Non-renewal of a Rental License; Appeal Therefrom.
A. 
Notification. Following a determination that grounds for non-renewal of a license or imposition of penalties 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:
(1) 
The address of the premises in question and identification of the particular regulated rental unit(s) affected.
(2) 
The specific violation which has been determined to exist with a description of the requirements which have not been met, citing in each instance the applicable provision of the ordinance or code.
(3) 
The date before which the steps for compliance must be commenced and the date before which the steps must be completed.
(4) 
The recipient of the notice has the right to appeal to the Property Maintenance Appeals Board, within a prescribed period of time in accordance with the procedure set forth in this Part.
(5) 
Failure to comply with the notice within the time specified, unless extended by appeal to the Property Maintenance Appeals Board constitutes a violation with possible sanctions clearly described.
(6) 
A statement that the license for said regulated rental unit(s) may not be renewed for the next license year beginning August 15.
(7) 
A revocation and/or penalty statement informing the owner that he, she, or it has a right to appeal the decision penalizing or declining to renew the license to the Property Maintenance Appeals Board, by submitting in writing to the Code Enforcement Officer, within 14 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 regulated rental unit violation appeal form prescribed therefor 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.
(8) 
Upon receipt of such an appeal, accompanied with the requisite filing fee, and during its pendency before the Property Maintenance Appeals Board, the action of the Code Enforcement Officer shall be stayed unless the Code Enforcement Officer or any other appropriate agency or official certifies to the Property Maintenance Appeals Board facts indicating that such stay would cause immediate peril to life or property, in which case the action of the Code Enforcement Officer shall not be stayed other than by a restraining order issued by a court of competent jurisdiction. In addition, the action of the Code Enforcement Officer shall not be stayed if the appeal is filed within 45 days of the end of the current license period.
(9) 
Upon receipt of such an appeal in proper form, accompanied with the requisite filing fee, the Chairperson of the Property Maintenance Appeals Board shall schedule a hearing to be held within 15 days after the appeal is filed.
(10) 
The appellant and the owners of properties within 300 feet from the premises for which the license is at issue shall receive written notice of the hearing on the appeal.
(11) 
The Property Maintenance Appeals Board shall hold a hearing on the appeal. 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 and any police or other public officials involved, and any relevant factual presentations of other parties, the Property Maintenance Appeals Board shall make a decision within 14 days.
B. 
Delivery of Notification.
(1) 
All notices shall be sent to the owner and/or responsible local agent, 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 responsible local agent, and/or tenant, if applicable. The Code Enforcement Officer shall also post the notice at a conspicuous place on the premises.
(2) 
If personal service cannot be accomplished after a reasonable attempt to do so, then the notice may be sent to the owner and/or responsible local agent, and/or the tenant, if applicable, at the address stated on the most current license application for the premises in question, 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 paragraph .A above, shall thereupon be calculated from said fifth day.
2. 
Right to Appeal. Any person affected by any notice which has been issued in connection with the enforcement of any provision of this Part, or of any rule or regulation adopted pursuant thereto, shall have the right to request and shall be granted a hearing on the matter before the Board; provided that such person shall file, in the office of the Board, a written petition requesting such hearing and containing a statement of the grounds therefore, within 14 days after the day the notice was served. Said written notice of appeal shall provide the Property Maintenance Appeals Board with:
A. 
Documentation as to the enforcement notice, recipient's ownership, or interest in the subject property.
B. 
A detailed analysis of the enforcement notice recipient's position relative to the alleged violations. Such analysis may include all facts that the enforcement notice recipient deems appropriate, but shall at least include:
(1) 
A response or answer to the specific violations as alleged by the Borough and/or the officer with a detailed analysis of the defense as to all specific violations, citing in each instance applicable provisions of the Part.
(2) 
Any and all facts or documentation which the recipient of the notice intends to introduce at the hearing before the Property Maintenance Appeals Board.
(3) 
The names, addresses and telephone numbers of the person or persons who the recipient will call at the hearing and a synopsis in narrative form of the evidence and testimony each person will offer and testify to at the hearing. Failure to provide such names, addresses and information may result in that person being unable to testify at the hearing.
[Added by Ord. 598, 4/13/2015[1]]
1. 
Carbon Monoxide Alarm Required. Each regulated rental unit, which uses a fossil-fuel-burning heater or appliance, or fireplace, or has an attached garage, must have an operational, centrally located and approved carbon monoxide alarm installed in the vicinity of the bedrooms and the fossil-fuel-burning heater or fireplace within 18 months of the effective date of this Subpart. For the purposes of this Subpart, "installed in the vicinity" means as per the manufacturer's specifications.
2. 
Carbon Monoxide Alarm Requirements in Regulated Rental Units.
A. 
Owner Responsibilities. The owner of any regulated rental unit having a fossil-fuel-burning heater or appliance, fireplace or an attached garage used for rental purposes and required to be equipped with one or more approved carbon monoxide alarms shall:
(1) 
Provide and install an operational, centrally located and approved carbon monoxide alarm in the vicinity of the bedrooms and the fossil-fuel-burning heater or fireplace.
(2) 
Replace, in accordance with this section, any approved carbon monoxide alarm that has been stolen, removed, found missing or rendered inoperable during a prior occupancy of the rental property and which has not been replaced by the prior occupant before the commencement of a new occupancy of the regulated rental unit.
(3) 
Ensure that the batteries in each approved carbon monoxide alarm are in operating condition at the time the new occupant takes residence in the regulated rental unit.
B. 
Maintenance, Repair or Replacement. Except as provided in Subsection 2A above, the owner of a regulated rental unit is not responsible for the maintenance, repair or replacement of an approved carbon monoxide alarm or the care and replacement of batteries while the building is occupied. Responsibility for maintenance and repair of carbon monoxide alarms shall revert to the owner of the building upon vacancy of the regulated rental unit.
C. 
Occupant Responsibilities. The occupant of each regulated rental unit used for rental purposes in which an operational and approved carbon monoxide alarm has been provided must:
(1) 
Keep and maintain the device in good repair.
(2) 
Test the device.
(3) 
Replace batteries as needed.
(4) 
Replace any device that is stolen, removed, missing or rendered inoperable during the occupancy of the building.
(5) 
Notify the owner or the authorized agent of the owner in writing of any deficiencies pertaining to the approved carbon monoxide alarm.
[1]
Editor's Note: This ordinance also provided for the renumbering of former § 5-255 as § 5-256.
[Ord. 585, 9/12/2011]
1. 
Notices.
A. 
For purposes of this Part, any notice required hereunder to be given to a responsible local agent shall be deemed as notice given to the owner.
B. 
There shall be a rebuttable presumption that any notice required to be given to the owner under this Part shall have been received by such owner if the notice was given to the owner in the manner provided by this Part.
C. 
A claimed lack of knowledge by the owner of any violation hereunder cited shall be no defense to a license non-renewal proceeding, so long as all notices prerequisite to institution of such proceedings have been given and deemed received in accordance with the applicable provisions of this Part.
2. 
Changes in Ownership, Units, Tenant Number. It shall be the duty of each owner of a regulated rental unit to notify the Code Enforcement Officer in writing of any change in ownership of the premises or of the number of regulated rental units on the premises. It shall also be the duty of the owner to notify the Code Enforcement Officer in writing of any increase in the number of occupants in any regulated rental unit or of the changing of a dwelling unit from owner-occupied to non-owner-occupied, which thereby transforms the dwelling into a regulated rental unit for purposes of this Part.
3. 
Owners Severally Responsible. If any regulated rental unit is owned by more than one person in any form of joint tenancy, as a partnership, or otherwise, each person shall be jointly and severally responsible for the duties imposed under the terms of this Part and shall be severally subject to prosecution for the violation of this Part.