[Ord. 905, 6/19/2017]
The Council of the Borough of Oxford shall appoint a Code Enforcement
Official and such deputies and assistants as are necessary to enforce
the provisions of this chapter. Such positions may be combined with
another position or positions established in the Borough.
[Ord. 905, 6/19/2017]
1.
The owner and the operator of any dwelling unit which has been rented,
leased, let out or re-rented during any calendar year shall, on or
before February 1 of that year, file a list with the Code Enforcement
Officer setting forth the number of units currently occupied as of
the filing of the list, the names of the tenants thereof, and the
ages of all minor tenants.
2.
Whenever there is a change in tenants for any or all dwelling units
in a building, the owner and/or operator shall, within 15 days of
any change in tenancy, file a list with the Code Enforcement Officer
setting forth the number of units occupied as of the date of filing,
the names of the tenants thereof, and the ages of all minor tenants.
[Ord. 905, 6/19/2017]
1.
The Code Enforcement Officer and/or his or her agents are hereby
authorized and directed to make inspections of the conditions of all
dwellings, rooming units and accessory structures located in the Borough
of Oxford. Upon display of proper identification, the inspector is
authorized to enter, examine and survey such units and premises on
weekdays between 9:00 a.m. and 4:00 p.m. or at such other time as
may be necessary in an emergency or as mutually agreed upon by the
occupant and the Code Enforcement Officer or one of his/her agents.
2.
In the event a mutually agreeable date and time cannot be agreed
upon, the Code Enforcement Officer and/or his agent or agents are
authorized to select the date and time for the inspection, between
9:00 a.m. and 4:00 p.m. on a business day. The inspection date and
time shall be confirmed by a certified notice of inspection letter,
return receipt requested, sent via United States Mail and addressed
to the last known mailing address of the property owner or manager,
with a copy to the occupant. The inspection date and time shall also
be confirmed by a notice of inspection letter sent via regular United
States Mail and addressed to the last known mailing address of the
property owner or manager, with a copy to the occupant. In no event
shall an inspection be scheduled any sooner than 14 days from the
date upon which the notice letter was mailed.
3.
If the subject property is not made available for inspection on the
inspection date confirmed in accordance with either of the foregoing
provisions and in the event the property owner or manager and the
Code Enforcement Officer (or his agent or agents) have not rescheduled
the inspection within 10 days of the confirmed inspection date, any
previously issued certificate of occupancy for the subject dwelling
unit shall be revoked by the Code Enforcement Officer and/or his agent(s).
[Ord. 905, 6/19/2017]
Every occupant of a rental dwelling unit or rooming unit shall
grant to the owner or his agents or employees free access to it at
reasonable times for the purpose of making repairs or alterations
to effect compliance with this chapter.
[Ord. 905, 6/19/2017]
1.
When the Code Enforcement Officer determines that there exists a
violation of any provision of this chapter, he shall serve written
notice of such violation on the owner, with a copy to the occupant,
as hereinafter provided.
2.
Such notice shall:
A.
Be put in writing;
B.
Include a statement of the reasons why it is being issued;
C.
Allow a reasonable time for the performance of any act it requires;
D.
Be served upon the owner or his agent, with a copy to the occupant,
provided that such notice shall be deemed to be properly served upon
such person if a copy thereof is sent by registered or certified mail
to his last known address or if he is served by any other method authorized
or required under the laws of this state.
3.
Such notice shall contain an outline of remedial action which, if
taken, will effect compliance with the provisions of this chapter
and with rules and regulations adopted pursuant thereto.
[Ord. 905, 6/19/2017]
Within 30 days of service of the notice, any owner may request
and shall be granted a hearing on the matter before the Borough Council
of Oxford or a committee appointed by the Borough Council, provided
that such person shall file in the office of the Code Enforcement
Officer a written petition requesting such hearing and setting forth
a brief statement of the grounds therefor within 10 days after the
day the notice was served. Upon receipt of such petition, the Borough
Council or its appointed committee shall set a time and place for
such hearing and shall give petitioner written notice thereof, with
a copy to the tenant. At such hearing, the petitioner shall be given
an opportunity to be heard and to show why such notice should be modified
or withdrawn. The hearing shall be commenced not later than 30 days
after the day on which the petition was filed. After the hearing,
the Borough Council or its appointed committee may sustain, modify
or withdraw the notice of the violation on the basis of the findings
at the hearing and shall give petitioner written notice thereof. Such
proceedings shall be summarized in writing and shall become a matter
of public record in the office of the Code Enforcement Officer. Such
record shall also include a copy of every notice or order issued in
connection with the matter. If the appointed committee hears the petitioner
and makes a decision which the petitioner rejects, the petitioner
shall have the right to appeal to the entire Borough Council within
seven days of receiving the notice, asking Borough Council to hear
the case and make the ruling. Any person aggrieved by the decision
of the Borough Council may seek relief therefrom in the Chester County
Court of Common Pleas, by taking an appeal within 30 days from the
date of the decision by Borough Council.
[Ord. 905, 6/19/2017]
Any notice served pursuant to § 5-606 shall automatically become an order if a written petition is not filed in the office of the Code Enforcement Officer within 30 days after such notice is filed.
[Ord. 905, 6/19/2017]
Whenever the Code Enforcement Officer finds that there exists any violation of this chapter which creates an emergency requiring immediate correction to protect the health or safety of any occupant of a dwelling or the public, he may issue an order reciting the existence of such an emergency and requiring that such action be taken as he deems necessary to meet the emergency. Notwithstanding the other provisions of this chapter, such order shall be effective immediately. Any person to whom such order is directed shall comply therewith immediately but, after compliance and upon petition to the Borough Council, shall be afforded a hearing as soon as possible, in accordance with the procedure set forth in § 5-607.
[Ord. 905, 6/19/2017]
Whenever the Code Enforcement Officer finds that a dwelling unit constitutes a serious hazard to the health or safety of the occupants or to the public because it is dilapidated, unsanitary, vermin-, rodent-, spider- or insect-infested, or lacking in basic facilities and equipment required by this chapter, he shall designate such dwelling unit as unfit for human habitation. Such designation shall be posted on the dwelling and shall specify the reason for such a finding. A notice of violation shall also be served in accordance with the provisions of § 5-606, with a copy served on the occupant(s). Any dwelling unit so designated shall be vacated within a reasonable time as specified by the Code Enforcement Officer and shall not again be used for human habitation until the hazard or violation has been eliminated or corrected and the Code Enforcement Officer has removed the designation and given written approval for occupancy. A report of any such closings must immediately be filed with Borough Council.
[Ord. 905, 6/19/2017]
Borough Council and the Borough Manager are authorized to make
and adopt such procedural rules as they may deem necessary for the
proper enforcement of this chapter, provided that such procedural
rules and regulations shall not be in conflict with the substantive
provisions of this chapter. Such rules and regulations shall have
the same force and effect as the provisions of this chapter, and the
penalty for violation thereof shall be the same as the penalty for
violation of the provisions of this chapter.
[Ord. 905, 6/19/2017]
If a violation has not been corrected within the time designated
for such compliance and Borough Council finds that the continuation
of such violation constitutes a public nuisance or hazard, it may
order the correction of such violation, using Borough funds or Borough
personnel to accomplish such corrections. The costs of such work shall
be billed to the owner and asserted as a lien against the property
if not paid within 30 days.
[Ord. 905, 6/19/2017]
1.
In the event any person, firm, corporation, or any other type of
entity owning, managing, conducting or operating a dwelling unit and/or
rooming unit fails to apply for and obtain an annual certificate of
occupancy as required by this chapter, in addition to any other remedies
provided for by this chapter, the Code Enforcement Officer and/or
his agent(s) are hereby empowered and authorized to issue a citation
to any and/or each of the aforementioned persons, firms, corporations,
or any other type of entity owning, managing, conducting or operating
a dwelling unit and/or rooming unit, and upon conviction before a
District Justice, pay a penalty of not less than $200 nor more than
$300 plus court costs and reasonable attorney's fees, for each violation,
and in default of payment of such penalty and costs be imprisoned
for not less than one day nor more than 30 days. Each day there exists
a violation of this section shall constitute a separate violation
of this chapter, and the Code Enforcement Officer and/or his agent(s)
may at their discretion issue a separate citation for each such individual
violation.
2.
Except as provided in § 5-612, Subsection 1, above, any person, firm, corporation, or any other type of entity who violates any provision of this chapter or any provision of any resolution, rule or regulation adopted by the Borough Council pursuant to authority granted by this chapter or fails to correct within a reasonable time [the determination of a reasonable time is in the sole discretion of the Code Enforcement Officer and/or his agent(s), but in no event shall be less than 20 days] the defects for which the dwelling or dwellings have been cited, shall, upon conviction before a District Justice, pay a penalty of not less than $200 nor more than $300 plus court costs and reasonable attorney's fees for each violation and, in default of payment of such penalty and costs, be imprisoned for not less than one day nor more than 30 days.
[Ord. 905, 6/19/2017]
1.
Any single-family rental dwelling unit owner whose tenant has six police nuisance complaints against the tenant or property in any consecutive twenty-four-month period following the commencement of the then-current lease term shall have said property's certificate of occupancy revoked. After three complaints in the aforementioned time period, the owner will be notified, via certified mail, that there have been three complaints against its tenant or property and, after an additional three complaints, the certificate of occupancy shall be revoked for one year in accordance with Subsection 3 below. The same notice shall be provided after the fifth complaint against the tenant or property.
2.
Any owner of a multiple-dwelling-unit building that has six police nuisance complaints on a single dwelling unit in any consecutive twenty-four-month period following the commencement of the then-current lease term shall have the certificate of occupancy for that unit revoked. After three complaints in the aforementioned time period, the owner will be notified, via certified mail, that there have been three complaints against its tenant and, after an additional three complaints, the certificate of occupancy for that unit shall be revoked for one year in accordance with Subsection 3 below. The same notice shall be provided after the fifth complaint against the tenant.
3.
The owner shall be notified that there have been six police nuisance
complaints and that his/her certificate of occupancy has been revoked.
The one-year revocation period shall commence the date notice was
issued pursuant to this subsection.
