[HISTORY: Adopted by the Borough Council
of the Borough of Ephrata 8-12-1991 by Ord. No. 1211; amended in its entirety
9-11-2017 by Ord. No. 1537. Subsequent amendments noted where applicable.]
The purpose of this chapter and the policy of the Borough of
Ephrata is to protect and promote the public health, safety and welfare
of its citizens, to establish rights and obligations of owners and
occupants relating to residential rental units in the Borough and
to encourage owners and occupants to maintain and improve the quality
of rental housing within the Borough. In furtherance of these objectives,
this chapter provides for a systematic inspection program permitting
of residential rental units, and penalties.
A.
The provisions, regulations, duties, limitations and restrictions of this chapter shall apply to the use and occupancy of all residential rental units within the Borough of Ephrata unless otherwise expressly exempted as provided for in § 253-6 herein.
B.
No provision, regulation, duty, limitation or restriction of this
chapter shall penalize a resident, tenant or landlord for a contact
made for police or emergency assistance by or on behalf of a victim
of abuse as defined in 23 Pa.C.S.A. § 6102 (relating to
definitions), a victim of a crime pursuant to 18 Pa.C.S.A. (relating
to crimes and offenses) or an individual in an emergency pursuant
to 35 Pa.C.S.A. § 8103 (relating to definitions), if the
contact was made based upon the reasonable belief of the person making
the contact that intervention or emergency assistance was necessary
to prevent the perpetration or escalation of the abuse, crime or emergency
or if the intervention or emergency assistance was actually needed
in response to the abuse, crime or emergency.
Approvals issued pursuant to this chapter shall not relieve
an owner of the responsibility to secure such other permits or approvals
for activities or uses regulated by any other applicable code, rule,
act, or ordinance.
Unless otherwise expressly stated, the following terms shall,
for the purpose of this chapter, have the meanings indicated as follows:
The use and occupancy of a single-family detached dwelling
accommodating transient guests for rent.
A building in which the owner or tenant rents at least one
(but not more than five) residential rental units, regardless of whether
or not meals are furnished.
The Borough of Ephrata, Lancaster County, Pennsylvania.
Any state or local code or ordinance adopted, enacted and/or in effect in and for the Borough of Ephrata concerning fitness for habitation or the construction, maintenance, operation, occupancy, use or appearance of any premises or residential rental unit, including, but not limited to, the Uniform Construction Code (hereinafter "UCC"), the International Property Maintenance Code, International Plumbing Code, International Fire Prevention Code, the International Building Code and any duly enacted amendment or supplement to any of the above and any new enactment falling within this definition, codified as Chapter 245 of the Code of the Borough of Ephrata, Property Maintenance; the Zoning Ordinance, codified as Chapter 319 of the Code of the Borough of Ephrata; the Municipal Waste Management Ordinance, codified as Chapter 271 of the Code of the Borough of Ephrata; Nuisance Property Regulations, codified as Chapter 218 of the Code of the Borough of Ephrata; Act 37 of 2014, 8 Pa.C.S.A. § 101 et seq., the Borough Code; and the general public nuisance laws of Commonwealth of Pennsylvania.
A sworn or nonsworn person and any assistant or deputy thereof designated or assigned by Borough Council or its Borough Manager the duties to enforce this chapter, including the performance of inspections, issuance of residential rental permits and issuance of citations, their designated assistants or agents and those code enforcement officials and officials of the Borough of Ephrata as defined in Chapter 245 of the Code of the Borough of Ephrata, Property Maintenance, and other ordinances of the Borough of Ephrata; and any authorized member or officer of the Ephrata Borough Police Department or other law enforcement organization having appropriate jurisdiction.
Any open area within a structure shared by occupants or that
the occupants have the right to share, including, but not limited
to, kitchens, bathrooms, living rooms, dining rooms, attics, hallways,
basements and any room, porch or yard used for parties, social events
or the congregation of people, excepting bedrooms.
The County of Lancaster, Pennsylvania.
One or more rooms intended to be occupied by one family as
separate living quarters, containing sanitary facilities, kitchen
facilities and having outside access directly from the dwelling unit
or through a common hall.
A residential facility licensed under an applicable state
program occupied as a residence by one full-time resident supervisor
and not more than five residents who receive twenty-four-hour resident
supervision in a single-family residential setting.
A person on the premises with the actual or implied consent
of an occupant.
A building or group of buildings containing six or more individual
rooms for rent, primarily for transients, with common hallways for
all rooms on the same floor, and where no provision is made for cooking
in any individual room or suite. "Hotel" does not include institutional
or educational uses, buildings where human beings are housed under
legal constraint, bed-and-breakfasts or campgrounds. The term "hotel"
shall be synonymous with "motel."
Any room or group of rooms located within a hotel or motel,
forming a single habitable unit used or intended to be used for living
and sleeping only on a transient basis for a period of less than 15
consecutive days.
A lessor, or person(s) who act as agent for the lessor, of
any parcel of real estate located within the Borough of Ephrata, or
a lessor, or person(s) who act as agent for the lessor, of any improvements
on real estate or any building located within the Borough of Ephrata;
any person who owns and leases all or any part of his or her real
estate to another person for a dwelling unit for a consideration,
monetary or otherwise, or who owns and permits another person to use
or occupy all or a part of his real estate for a dwelling unit with
or without consideration.
A person retained by an owner to be responsible for one or
more residential rental units within the Borough and who is authorized
by the owner as the agent of the owner for service of process, receiving
of notices and demands; and performing the duties and obligations
of a manager or responsible agent as set forth in this chapter.
Any person over one year of age living and sleeping in a
residential rental unit or having actual possession of said residential
rental unit; any individual who resides in a residential 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 lease or by the laws of
the Commonwealth of Pennsylvania.
The person who holds record title and/or the equitable owner
under an agreement of sale of a property upon which a residential
rental unit is erected or maintained. If more than one person owns
the residential rental unit as joint tenants, tenants in common, tenants
by the entireties, or tenants in co-partnership, each such person
shall be considered an owner and shall have all of the duties of an
owner under this chapter; any person, agent, operator, property management
group, housing authority or fiduciary having legal, equitable or other
interest in any real property; as recorded in the official records
of the state, county or municipality as holding title to the real
property; or otherwise having control of the real property, including
the guardian of the estate of such person and the executor or administrator
of such person's estate. When used in this chapter in a clause
proscribing any activity or imposing a penalty, the term as applied
to partnerships and associations, shall mean each general partner;
as applied to corporations, the officers thereof; and as applied to
limited liability companies, the members and any managers or responsible
agents thereof; a landlord.
Any real estate tax, sewer, electric or water usage charge
or municipal trash collection fee for the residential rental unit
that is not paid in full by the due date or dates established for
such tax, charge or fee by the applicable service provider or taxing
entity.
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 premises in which food, shelter, and personal assistance
or supervision are continually provided for four or more adults who
are not relatives of the operator, who do not require the services
in or of a licensed long-term facility, but who do require assistance
or supervision in matters such as dressing, bathing, diet, financial
management, evacuation of a residence in the event of an emergency,
or medication prescribed for self-administration, and which meets
the regulations of any applicable government licensing agency.
Any parcel of real estate within the Borough, including the
land and all buildings and appurtenant structures, on which one or
more residential rental units are located.
A legally enforceable agreement between owner and tenant/occupant
embodying the terms and conditions concerning the use and occupancy
of a regulated residential rental unit and executed by all parties
subject to the agreement.
A document issued annually by the Code Enforcement Officer
to the owner, operator, responsible agent or manager of a residential
rental unit certifying the unit as permitted for being rented. Such
permit is required for lawful rental and occupancy of residential
rental units.
A rooming unit or a dwelling unit let for rent or a residential
unit occupied by any persons other than one occupied solely by the
owner and members of the owner's family. 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 unit 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-purchase agreements
or long-term (greater than six months) agreements of sale; a transient
dwelling; a hotel or motel unit; a boardinghouse room; a bed-and-breakfast
facility.
A portion of a dwelling unit, including 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. Granting of
permission to use shared or common cooking facilities may be associated
with the leasing of a rooming unit.
An occupant of a residential rental unit with whom a legal
relationship with the owner as established by a lease or other enforceable
agreement under the laws of the Commonwealth of Pennsylvania.
A one-family, two-family or multifamily dwelling which is
not occupied exclusively by the owner thereof and each dwelling unit
therein is not occupied pursuant to the terms of a written lease for
more than 15 days during any one-month period or is occupied pursuant
to a written lease with a term of less than one month.
No person shall let to another for occupancy any residential rental unit unless he or she shall first apply for and obtain annually a permit issued by the Codes Enforcement Office of the Borough of Ephrata in accordance with the provisions of § 253-10 of this chapter (Residential rental unit permitting) and it shall be unlawful for any person to conduct or operate or cause to be rented, either as owner or manager or responsible agent, any residential rental unit within the Borough without having a residential rental permit as required by this chapter.
A.
The permitting provisions of this chapter shall not apply to hospitals; hotels, motels or transient dwelling properties, bed-and-breakfast establishments, group homes or those personal care homes or nursing homes that are permitted by the Commonwealth of Pennsylvania. The foregoing shall not exempt any exempt property or residential rental unit from the provisions of § 253-12 of this chapter (Inspection of units).
B.
If a property containing a residential unit, or a residential rental unit is exempt as set forth in Subsection A of this section hereinabove, and is found to be in violation of a code or ordinance or law relating to any land use, property or housing maintenance regulation, the owner and, if applicable, the manager or responsible agent shall correct the violation(s) within the time frame cited by the code enforcement officer. In the event the violation(s) is/are not corrected or abated within any applicable period of time designated for such correction or abatement and no appeal from the notice of such violation is either taken or pending, the property and/or residential unit shall lose its exemption until the violation(s) is/are corrected. Upon the occurrence of three such code, or ordinance or laws relating to any land use, property or housing maintenance regulation, violations during any twelve-month period, the property and/or residential unit shall lose its exemption from the requirement to obtain a residential rental permit for a period of five years.
A.
It shall be the duty of every owner to:
(1)
Retain a manager or responsible agent when this chapter requires that a manager or responsible agent be designated in accordance with the provisions of § 253-8 of this chapter.
(2)
Obtain and maintain a valid and current residential rental permit
for each residential rental unit.
(3)
Maintain all residential rental units, including all common areas in compliance with all applicable state laws and regulations and codes of the Borough of Ephrata, including, but not limited to, Chapter 245, Property Maintenance, and Chapter 319, Zoning, and regularly perform all routine maintenance, including lawn mowing and ice and snow removal and promptly make any and all repairs necessary to fulfill this obligation.
(4)
Correct any code violation(s) relating to the use and occupancy of
a residential rental unit within the time frame cited by a code enforcement
officer.
(5)
Keep and maintain all premises in a clean, sanitary and safe condition.
(6)
Employ policies to manage the residential rental units under his/her
control in compliance with the provisions of this chapter, Borough
Codes and applicable state laws.
(7)
Pay or ensure payment of all real estate taxes; sewer, electric and
water charges; and trash collection fees to ensure that such utilities
are provided.
(8)
Notify the Borough of changes in the occupancy of the residential rental unit and arrange for the inspection of the residential rental unit prior to any re-letting or occupancy in accordance with the requirements of § 253-13 of this chapter (Sale or transfer of units).
(9)
Ensure trash and recyclable collection and disposal services are
provided for and instruct tenants of the method of trash and recyclable
collection (e.g., curbside or dumpster) and, if applicable, the day
of the week of trash and recyclable pickup.
(11)
Take all actions necessary to ensure that each residential rental unit is occupied by only one family. For the purposes of this subsection, a "family" shall be considered to be a family as that term is defined in Chapter 319 of the Code of the Borough of Ephrata, Zoning, i.e., no more than four persons unrelated to all the others by blood, marriage, adoption or legal foster relationship.
(12)
Require and maintain a written rental agreement for each residential
rental unit which shall include the name of each tenant that will
reside in the residential rental unit.
(13)
Contact the Ephrata Borough Codes Enforcement Office to schedule
required inspections.
(14)
Provide upon reasonable notice and at reasonable times access
to the Code Enforcement Officers of the Borough of Ephrata all residential
rental units for the purposes of inspections and the enforcement of
the provisions of this chapter. The failure to permit such access
shall be deemed a violation of this chapter.
(15)
Include the "Addendum to Residential Rental Agreement"[1] in accordance with the provisions of § 253-11 of this chapter (Residential rental agreement), in each lease of a residential rental unit taking effect on or after the effective date of the ordinance enacting this chapter and provide an executed copy of the amendment to the code enforcement officers of the Borough of Ephrata upon request.
[1]
Editor's Note: The "Addendum to Residential Rental Agreement," Appendix A, is included as an attachment to this chapter.
(16)
Maintain a copy of the residential rental permit for that unit as set forth in Subsection B of this section hereinbelow and provide a copy of the permit to each tenant.
(17)
Provide upon request of a code enforcement officer a list of
names of all tenants residing in the residential rental unit.
B.
It shall be the responsibility of every owner and, if applicable,
every manager or responsible agent to maintain and display in each
residential rental unit the current permit identification number for
the residential rental unit. In addition, the owner, manager or responsible
agent shall maintain within each residential rental unit the following
information:
(1)
The name, mailing address and telephone number of the owner and manager or responsible agent and the telephone number or numbers of the owner and manager or responsible agent that shall be effective at all times for the purpose of contact by a code enforcement officer as set forth in § 253-8 hereinbelow.
(2)
If applicable, the evenings on which garbage and recycling are to
be placed curbside for collection.
(3)
The telephone number to call to register complaints regarding the
physical condition of the residential rental unit.
(4)
The telephone number for emergency police, fire and medical services.
(5)
Property address.
(6)
Maximum occupancy per unit.
(7)
A summary of the owner's and occupant's duties under this
chapter.
C.
In no event shall the existence of any agreement by lease or other
contract between owner and occupant relieve an owner of any responsibility
under this chapter or other ordinances or codes for maintenance of
the premises.
D.
If the owner has appointed a manager or responsible agent, the manager or responsible agent shall be jointly responsible to fulfill all of the obligations in Subsection A of this section. No owner may relieve himself or herself of the responsibility to perform the duties set forth in Subsection A hereinabove by appointing a manager or responsible agent.
A.
No residential rental permit shall be issued to any owner who cannot
demonstrate that he, she or their manager or responsible agent can
at all times either respond by telephone or arrive at the residential
rental unit for which the permit is sought within a time period of
not more than 45 minutes from the time of an initial request to respond
is made by a Code Enforcement Officer to the phone number(s) provided
by the owner for such purpose.
[Amended 2-12-2018 by Ord. No.
1542]
(1)
If the owner of a residential rental unit cannot demonstrate that
he or she can arrive at the residential rental unit for which the
permit is sought within a time period of not more than 45 minutes
from the time of an initial request to appear is made by a code enforcement
officer to the phone number(s) provided for such purpose, then the
owner shall, as a condition for the issuance of a residential rental
permit, designate a person to serve as the manager or responsible
agent who shall comply with the forty-five-minute response time set
forth hereinabove.
(2)
If the owner is a corporation, it shall designate a person to serve
as the manager or responsible agent who shall comply with the forty-five-minute
response time set forth hereinabove.
(3)
If the owner is a partnership or a limited liability company, it
shall designate a person to serve as the manager or responsible agent
who shall comply with the forty-five-minute response time set forth
hereinabove. Any partner or member may perform the same function as
a manager or responsible agent with regard to the forty-five-minute
response time set forth hereinabove.
B.
The manager or responsible 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 chapter.
The identity, address and telephone number(s) of a person who is designated
as manager or responsible agent shall be provided by the owner to
the Borough and such information shall be kept current. For the purpose
of this subsection, a post office box is not acceptable for the manager's
or responsible agent's address. This designation shall not be
valid unless signed by the owner and the manager or responsible agent
designated to act on behalf of the owner. The owner shall notify the
code enforcement officer within 10 calendar days of any change in
the name or address of the manager or responsible agent.
C.
A manager or responsible agent must be authorized to receive notices
and communications necessary or deemed to be appropriate under the
terms of the Codes of the Borough and to accept service of process
of initial and subsequent pleadings on behalf of the owner or operator
which may be necessary or deemed to be appropriate for the enforcement
of the Codes of the Borough; provided, however that nothing contained
herein shall affect the right of the Borough to submit notices and
communications directly to the owner, rather than to the manager or
responsible agent, or to serve process and initial and subsequent
pleadings in any other manner permitted by law.
D.
The failure to designate a manager or responsible agent in accordance
with the provisions of this chapter shall result in the revocation
or denial of a residential rental permit.
Each occupant of a residential rental unit shall have the following
duties:
A.
Comply with all obligations of this chapter and all applicable codes
and Borough ordinances, as well as all state laws and regulations.
B.
Conduct himself/herself and require other persons, including, but
not limited to, guests on the premises and within their residential
rental unit with their consent, to conduct themselves in a manner
that will not disturb the peaceful enjoyment of the premises by others
and that will not disturb the peaceful enjoyment of adjacent or nearby
dwellings by people occupying the same.
C.
Not engage in, nor tolerate, nor permit others on the premises to
cause damage to the residential rental unit or engage in violations
of this chapter, codes, Borough ordinances, or applicable state laws.
D.
Use the trash and recyclable collection services provided by the
owner unless the tenant has otherwise contracted with a collection
service.
E.
Use the residential rental unit for no purpose other than as a residence and such other accessory uses permitted by Chapter 319 of the Code of the Borough of Ephrata, Zoning.
F.
Maintain the residential rental unit in a manner meeting all requirements for occupants of structures set forth in Chapter 245 of the Code of the Borough of Ephrata, Property Maintenance.
G.
Allow the code enforcement officer to inspect the residential rental
unit in accordance with the provisions of this chapter upon reasonable
notice and at reasonable times.
H.
Not allow persons other than those identified on the lease to reside
in the residential rental unit.
I.
Not allow the residential rental unit to be occupied by more than one family. For the purposes of this subsection, a "family" shall be considered to be a family as that term is defined in Chapter 319 of the Code of the Borough of Ephrata, Zoning, i.e., no more than four persons unrelated to all the others by blood, marriage, adoption or legal foster relationship.
J.
Not engage in, nor tolerate, nor permit others on the premises of
the residential rental unit to engage in, any conduct declared illegal
under the Pennsylvania Crimes Code (18 Pa.C.S.A. § 101 et
seq.; the Pennsylvania Liquor Code (47 P.S. § 1-101 et seq.);
or the Controlled Substance, Drug, Device and Cosmetic Act (35 P.S.
§ 780-101 et seq.) or which is otherwise in violation of
any code, Borough ordinance or other applicable law that regulates
the use, occupancy, construction, maintenance or condition of the
residential rental unit or premises.
K.
Ensure that the maximum number of persons permitted in the residential rental unit at any time shall not exceed the occupancy requirements of Chapter 245 of the Code of the Borough of Ephrata, Property Maintenance, § 245-404.5, as amended from time to time.
L.
Maintain all batteries installed in each provided smoke and carbon
monoxide alarm at all times during tenant's occupancy of the
residential rental unit and do not otherwise tamper with or disable
any such alarm.
A.
The owner, manager or responsible agent of each residential rental
unit shall annually apply for and obtain from the Codes Enforcement
Office a residential rental permit for each residential rental unit.
A residential rental unit permit shall be valid for a period of one
year or portion thereof and shall expire on November 30 of each year.
The Borough, as a courtesy, may forward a notice that a residential
rental permit will expire and must be renewed, but the failure of
the Borough to send such notice or the failure of the owner, manager
or responsible agent to receive such notice shall not excuse the owner,
manager or responsible agent of a residential rental unit from making
an application to obtain and/or renew a residential rental unit permit.
B.
The code enforcement officer shall issue a residential rental permit
or a residential rental permit renewal provided that:
(1)
The owner provides the name, address and phone number of a manager or responsible agent (if applicable) and the telephone number or numbers of the owner and manager or responsible agent that shall be effective at all times for the purpose of contact by a Code Enforcement Officer as set forth in § 253-8 of this chapter;
(2)
The owner pays the residential rental unit permit fee which shall
be established by ordinance or resolution of the Borough Council;
(4)
All real estate taxes; sewer, electric and water rate charges; and
municipal trash collection fees for the residential rental unit are
paid and not past due;
(5)
No portion of the property containing the residential rental unit, including the residential rental unit, is in violation of the Code of the Borough of Ephrata, Property Maintenance, (Chapter 245), Zoning (Chapter 319), Noise Control (Chapter 214), Nuisance Properties (Chapter 218), or has been condemned or declared a public nuisance as provided for by law.
C.
The code enforcement officer shall deny or revoke a residential rental permit upon the occurrence of any of the following, provided that before any occurrence referred to in this Subsection C shall be considered a violation, there must be a written notice of the violation communicated, in writing, from a code enforcement officer to the owner, manager or responsible agent within 15 business days of the date of the incident or event of noncompliance; and a final determination has been rendered by the Property Maintenance and Codes Appeals Board (hereinafter referred to as the "Appeals Board") pursuant to the provisions of Chapter 4 of the Code of the Borough of Ephrata; or a summary conviction has been rendered before a court of competent jurisdiction; and/or the applicable period for the owner or other person aggrieved to file an appeal from the determination of the code enforcement officer, determination of the Appeals Board, or summary conviction must have expired, provided that no occurrence shall be considered a violation as hereinabove set forth where such occurrence was included in an accelerated rehabilitative disposition pursuant to the provisions of Pa.R.Crim.P. § 300 et seq. and the defendant has completed all conditions of that disposition:
(1)
The owner does not provide the current name, address and phone number of a manager or responsible agent (if applicable) and the telephone number or numbers of the owner and manager or responsible agent that shall be effective at all times for the purpose of contact by a Code Enforcement Officer as set forth in § 253-8 of this chapter.
(2)
Any real estate tax; sewer, electric or water usage charge; or municipal
trash collection fee for the residential rental unit is past due or
is otherwise not paid in full by the due date or dates established
for such tax, charge or fee by the applicable service provider or
taxing entity.
(3)
The owner fails to pay the annual residential rental unit permit
fee.
(4)
The owner fails to submit a complete an accurate number of occupants
as set forth in Section B(3) hereinabove for the residential rental
unit with the application for renewal of the residential rental unit
permit or within seven business days after a change in the identity
of any of the occupants of the residential rental unit.
(5)
The owner has failed to correct a code violation, including Chapter 245 of the Code of the Borough of Ephrata, Property Maintenance, within the time specified in the notice of violation, unless an appeal is pending.
(6)
The property or residential rental unit has been declared and adjudicated a public nuisance as provided for by 18 Pa.C.S.A. § 6504 or has been determined to be a nuisance property as provided for by Chapter 218 of the Code of the Borough of Ephrata, Nuisance Properties.
(8)
The owner fails to pay all fees referred to in this Subsection C. The aforesaid fees shall be considered late if not paid in full within 30 days from the date of the expiration of the residential rental unit permit or from the date of any invoice or written demand for payment thereof.
(9)
The occurrence of any violation of this chapter and/or of any other
Borough Code or ordinance committed by an owner or tenant that relates
to the residential rental unit or premises during the term of the
permit that constitutes an unlawful use, occupancy or maintenance
condition or otherwise poses an imminent risk to the health and safety
of the occupants of the residential rental unit or premises.
(10)
The occurrence of three violations of this chapter and/or of
any other Borough Code or ordinance committed by an owner or tenant
that regulate the use, maintenance and/or occupancy of the residential
rental unit or premises during the term of the permit whether or not
such violations relate to the lawful occupancy or pose an imminent
risk to the health and safety of the occupants of the residential
rental unit or premises.
(11)
The failure of the owner to pay any fines and costs arising
from enforcement of this chapter or any of the ordinances of the Borough
of Ephrata relating to land use and/or code enforcement or if any
permitting fees under this chapter are due and owing to the Borough.
(12)
The owner fails to include the "Addendum to Residential Rental
Agreement"[1] in accordance with the provisions of § 253-11 of this chapter (Residential rental agreement) in each lease of a residential rental unit.
[1]
Editor's Note: The "Addendum to Residential Rental Agreement," Appendix A, is included as an attachment to this chapter.
(13)
The owner, manager or responsible agent (if applicable) fails
to arrive at the residential rental unit within 45 minutes from the
time a request to do so is made in person or by telephone call or
attempted telephone call by a code enforcement officer to the number
provided to the Codes Enforcement Office in the residential rental
permit application for that residential rental unit.
D.
The code enforcement officer shall forward written notice to the owner if the code enforcement officer will deny, refuse to renew or revoke a residential rental permit. The notification shall identify the residential rental unit; the grounds for the denial, nonrenewal or revocation, including the factual circumstances and the section of this chapter supporting such determination; and informing the owner of the right to appeal the denial, nonrenewal or revocation of the residential rental permit to the Appeals Board pursuant to the provisions of § 253-14 of this chapter (Appeals).
E.
The code enforcement officer shall reinstate a residential rental
permit if the owner, manager or responsible agent corrects the reason
for the revocation of the residential rental permit and has paid the
residential rental permit reinstatement fee which shall be established
by resolution or ordinance of Borough Council.
A.
All rental agreements for regulated residential rental units shall
be in writing and shall be supplemented with the addendum attached
hereto as Appendix A.[1]No oral leases and no oral modifications thereof are permitted.
All disclosures and information required to be given to each lessee
by the owner or responsible agent shall be furnished to each lessee
prior to the execution of the rental agreement. The owner shall provide
each lessee with copies of the rental agreement and addendum upon
execution. The owner shall further secure a written acknowledgment
from the lessee(s) that they have received the disclosures and information
required by this chapter.
[1]
Editor's Note: The "Addendum to Residential Rental Agreement," Appendix A, is included as an attachment to this chapter.
B.
The owner and tenant shall not include any terms or conditions in the rental agreement which are prohibited by this § 253-11 or other applicable ordinances, regulations or laws, including rent, term of the agreement, and other provisions governing the rights and obligations of the parties.
C.
Except as otherwise provided by this chapter, no residential rental
agreement shall provide that the lessee or owner agrees to waive or
to forego any of the duties or remedies set forth in this chapter.
D.
A copy of this chapter shall be attached to each residential agreement
delivered by or on behalf of an owner when any such agreement is presented
for signing to any lessee after the effective date of this chapter.
If a copy had been previously provided when the residential rental
agreement was first executed, a copy does not have to be provided
upon renewal unless the rental agreement has been amended or additional
lessees will occupy the rental unit. Where a residential rental agreement
has been entered into prior to the effective date of this chapter,
the owner shall provide each lessee with a copy of this chapter within
60 days after its enactment.
E.
Upon oral or written request by the code enforcement officer, the
owner, manager or responsible agent shall within 10 days of such request
furnish to the Borough copies of acknowledgment that the occupants
have received the disclosures and information required to be given
and acknowledged as required by ordinance.
F.
Upon oral or written request by the code enforcement officer, the
owner, manager or responsible agent shall within 10 days of such request
furnish to the Borough, for inspection purposes, copies of the leases
the owner has entered into for regulated residential rental units.
Prior to initial occupancy of newly constructed residential
rental units, newly created residential rental units, or substantially
rehabilitated residential rental units (as documented by a certificate
of occupancy), the owner, manager or responsible agent shall make
written application to the code enforcement officer for a residential
rental permit as herein provided.
A.
Initial inspections will occur within three business days from the
receipt of written notice from the owner, manager or responsible agent
to the Code Enforcement Office that a residential rental unit is ready
for inspection.
B.
Inspections of residential rental units shall be performed by the
Codes Enforcement Office prior to the occupancy or change in occupancy
of any such unit and not less frequently than once during any three-year
period regardless of the term of occupancy of any tenant. The Code
Enforcement Officer may also inspect residential rental units upon
receipt of complaints or for any other reasonable cause.
C.
If the code enforcement officer, upon completion of any inspection,
finds that the applicable codes or statutes have not been met, the
code enforcement officer shall issue notices and, if appropriate,
commence enforcement actions under the procedure set forth in the
code or statute which has been violated. Notice provided to a manager
or responsible agent shall be deemed notice provided to the owner.
D.
For the purpose of enforcing this chapter, the code enforcement officer
may seek to obtain a search warrant issued by a competent authority
for the purpose of compelling an inspection or otherwise enforcing
the terms and conditions of this chapter.
E.
The penalty for not allowing an inspection or reinspection of a residential
rental unit shall be the revocation or denial of the residential rental
permit.
A.
A residential rental permit shall not be transferred. In the case
of permitted residential rental units that are sold or transferred,
the new owner shall obtain a new residential rental permit for each
residential rental unit and shall have each residential rental unit
inspected. Failure to apply and pay the applicable permit fee for
a new residential rental permit and notify the Code Enforcement Office
that a residential rental unit is ready for inspection for each residential
rental unit within five business days of the date of sale or transfer
of ownership is a violation of this chapter.
B.
All owners of any real estate containing or upon which are erected
any residential rental unit or units which are in noncompliance with
the provisions of this chapter and who desire to sell that parcel
of real estate shall notify the purchasers, in writing, prior to the
sale of the parcel of real estate that the parcel of real estate is
in noncompliance with the terms and conditions of this chapter. In
addition, any property owner selling a parcel of real estate upon
which is erected a residential rental unit or units which are found
to be in noncompliance under the terms and conditions of this chapter
shall notify the Code Enforcement Office, in writing, within 30 days
prior to closing on the sale of said parcel of real estate.
A.
Any property owner, manager or responsible agent who receives a notice of the issuance of a citation, summons or arrest relating to conduct occurring at his/her property, or a notice of the issuance, denial or revocation of a residential rental permit or any person aggrieved by any decision of a code enforcement officer relating to the issuance of a citation, summons or arrest or a notice of the issuance, denial or revocation of a residential rental permit may appeal to the Appeals Board pursuant to the provisions of this chapter and Chapter 4 of the Code of the Borough of Ephrata.
B.
All appeals shall be made in writing within 10 business days after such decision has been made or within 10 business days from the date of mailing by first class mail of the notice of the issuance of a citation, summons or arrest relating to conduct occurring at his/her property, or a notice of the issuance, denial or revocation of a residential rental to the address of record of the owner, manager or responsible agent and to the occupant(s) of the residential rental unit. Such appeal shall be submitted in writing to the Ephrata Borough Codes Enforcement Office and shall be accompanied by an appeal fee in an amount established by resolution of the Ephrata Borough Council. The Appeals Board shall conduct a hearing and render a decision in accordance with the provisions of this chapter and Chapter 4 of the Code of the Borough of Ephrata and such other Borough ordinances, laws and regulations as may govern its conduct and procedure.
A.
Violations. It shall be a violation of this chapter to commit or
to permit any other person to commit any of the following acts:
(1)
To lease, let, or allow the occupancy of a residential rental unit
without obtaining a residential rental permit where required by this
chapter.
(2)
To refuse to permit inspections required under this chapter for a
residential rental unit.
(3)
To fail to perform the duties established by § 253-7 (owner's duties) of this chapter if such person is an owner or a manager of a residential rental unit.
(4)
To fail to perform the duties established by § 253-9 (occupant duties) of this chapter if such person is an occupant of a residential rental unit.
(5)
To place false information on or to omit relevant information from
an application for a residential rental permit.
(6)
To fail to comply with any other provision of this chapter.
B.
Penalties and remedies.
(1)
Any person allowing the occupancy of a residential rental unit without
obtaining a residential rental permit or after its residential rental
permit has been revoked shall pay a fine of not less than $500 per
residential rental unit for each day the violation exists or serve
a term of imprisonment for not more than 30 days, or both. Each day
the violation exists constitutes a separate violation.
(2)
Any owner, manager or responsible agent who fails to seek a residential
rental permit within 30 days from the date of the mailing of a thirty-day
notice of violation by the Code Enforcement Officer warning him or
her of their failure to comply with the terms of this chapter shall
pay a fine of not less than $500 for each residential rental unit
or serve a term of imprisonment for not more than 30 days, or both.
Each day the violation exists constitutes a separate violation.
(3)
Any owner, manager or responsible agent who violates any of the provisions of § 253-7A(14) (relating to access to residential rental unit) or § 253-7A(17) (relating to occupant information) shall pay a fine of not less than $500 for each residential rental unit or serve a term of imprisonment for not more than 30 days, or both. Each day the violation exists constitutes a separate violation.
(4)
Any occupant of a residential rental unit who violates any of the provisions of § 253-9 (Duties of occupants) shall pay a fine of not less than $100 or more than $600. Each day the violation exists constitutes a separate violation.
(5)
Whoever violates any other provision of this chapter shall be fined
not more than $1,000 or imprisoned not more than 30 days, or both.
Each day the violation exists constitutes a separate violation.
(6)
Any person found guilty of violating any provision of this chapter
shall pay the court costs and reasonable attorney fees incurred by
the Borough in the enforcement proceeding or proceedings in addition
to any fines and/or terms of imprisonment imposed.
(7)
In addition to prosecution of persons violating this chapter, the
Code Enforcement Officer, or any duly authorized agent of the Borough,
may take such civil or equitable remedies, in any court of record
of the Commonwealth of Pennsylvania, against any person or property,
real or personal, to effect the provisions of this chapter.
(8)
The provisions of this section and the provisions of this chapter governing the denial, revocation, or nonrenewal of residential rental permits 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 chapter are not intended to supplant or replace, to any degree, the remedies provided to the Borough in Chapter 245 of the Code of the Borough of Ephrata, Property Maintenance, Chapter 319 of the Code of the Borough of Ephrata, Zoning, or any other code.
(9)
This section and the provisions of this chapter 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 guest may
have as a result of their conduct or activity under any private cause
of action, civil or criminal enforcement proceeding, or criminal law;
nor shall this section or the provisions of this chapter 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. Nothing herein
is intended to impose any additional civil/criminal liability upon
owners other than that which is imposed by existing law. This chapter
is not intended to, nor shall its effect be, to limit any other enforcement
remedies which may be available to the Borough of Ephrata against
an owner, occupant or guest thereof.
C.
Owners severally responsible. If any 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 chapter and shall be
severally subject to prosecution for the violation of this chapter.
The provisions of this chapter shall be enforced by the sworn
and nonsworn code enforcement officers and officials of the Borough
of Ephrata and any authorized member or officer of the Ephrata Borough
Police Department or other law enforcement organization having appropriate
jurisdiction.
