[HISTORY: Adopted by the Borough Council of the Borough of
Springdale as indicated in article histories. Amendments noted where
applicable.]
[Adopted 4-5-1983 by Ord.
No. 1056]
From and after the date of passage of this article, the owners
of any multiple-family dwelling, as well as of any buildings or structures
containing rental apartments or units located within the geographical
boundaries of the Borough of Springdale, shall notify the Borough
Secretary of the name and address of all current occupants or tenants
on or before July 1, 1983, shall supply the names and addresses of
all new tenants or occupants occupying said rental unit or apartment
after July 1, 1983, and shall notify the Borough Secretary when a
tenant or occupant vacates the premises or terminates possession.
The notification required shall be on forms supplied by the
Borough without charge, said forms to be available on request at the
Borough office and shall contain the following information:
A.
The name and address of the current tenant or occupant and the names
of all children, dependents or others residing with said tenant or
occupant.
B.
Said form shall be used for the name and address of any new tenant
or occupant and the names of all children, dependents or others residing
with said tenant or occupant who takes possession or shall occupy
the apartment or unit after July 1, 1983, and the date that occupancy
takes place.
C.
Said form shall be used for the name and address of any tenant or
occupier who terminates possession or vacates the premises after July
1, 1983, and the date the premises were vacated.
The notification required under this article as to new tenants
or occupants occupying after July 1, 1983, or tenants or occupants
vacating premises after July 1, 1983, shall be submitted to the Borough
Secretary or other official designated by Borough Council within 30
days after a new tenant or occupant moves into said rental apartment
or unit, and in the event that a tenant or occupant terminates possession
or vacates the premises, a similar notice to that effect shall be
submitted within 30 days of the date of vacation of the premises by
said tenant or occupant.
All forms required to be used under this article shall be available
without charge at the Springdale Borough office, Municipal Building,
325 School Street, Springdale, PA 15144, and a current up-to-date
registration of all such multiple-family dwellings or rental units
or apartments shall be maintained by the Borough office.
Any person, firm or corporation who or which shall violate or
fail, neglect or refuse to comply with any of the provisions of this
article shall, upon conviction thereof before any Magisterial District
Judge duly authorized to hold hearings thereon, be sentenced to pay
a fine of not more than $100, and costs of prosecution, and, in default
of payment of such fine and costs, to undergo imprisonment for not
more than 10 days. Each day's violation shall constitute a separate
offense, and notice to the offender shall not be necessary or required
to constitute an offense.
[Adopted 7-21-2015 by Ord. No. 1240]
This article shall be known as the Borough of Springdale "Landlord
Registration Ordinance."
A.
It is the purpose of this article and the policy of the Council of
the Borough of Springdale, 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
residential rental units in the Borough of Springdale 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/emergency contacts and occupants share responsibilities
to obey the various codes adopted to protect and promote public health,
safety and welfare. As a means to those ends, this article provides
for a system of inspections, issuance and renewal of occupancy licenses
and sets penalties for violations. This article shall be liberally
construed and applied to promote its purposes and policies. In considering
the adoption of this article, the Borough of Springdale makes the
following findings:
(1)
In
recent years, many formerly private homes have been turned into residential
rental units. Those rental units have oftentimes been rented to individuals
who, because they have no ownership interest in the property, have
allowed the properties to deteriorate. In many cases, the owners of
the properties live long distances from the Borough of Springdale.
As a result, property maintenance of many rental units in the Borough
of Springdale has been somewhat lax. In addition, problems have occurred
because many tenants, because they have no ownership interest in the
real estate, have not been concerned about following codes of the
Borough of Springdale, including codes which govern maintenance and
safety of the property. This, in turn, has caused problems for other
homeowners near the rental units. In addition, there is a greater
incidence of violation of various codes of the Borough of Springdale
in residential rental properties where owners rent properties to tenants.
Estimates are that over 75% of all code violations in the Borough
of Springdale occur in tenant-occupied structures.
B.
In considering the adoption of this article, the Borough of Springdale
makes the following findings:
(1)
There
is a greater incidence of violations of various codes of the Borough
at residential properties where owners of rental property do not reside
in the Borough 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
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 do not reside in the Borough than at owner-occupied residential
properties or family-occupied residential rental properties.
C.
This article shall be liberally construed and applied to promote
its purposes and policies.
As used in this article, the following terms shall have the
meanings indicated:
The Borough of Springdale, Allegheny County, Commonwealth
of Pennsylvania.
Any code or ordinance adopted, enacted and/or in effect in and for the Borough of Springdale concerning fitness for habitation or the construction, maintenance, operation, occupancy, use or appearance of any premises or residential rental unit. Included within, but not limited by, this definition are the following, which are in effect as of the date of the enactment of this article: The Uniform Construction Code (hereinafter "UCC"), the International Property Maintenance Code, International Plumbing Code, International Fire Prevention Code, International Electrical Code, Chapter 266, Floodplain Management, the International Building Code and any duly enacted amendment or supplement to any of the above and any new enactment falling within this definition.
The duly appointed Code Enforcement Officer(s) having charge
of the Office of Code Enforcement of the Borough of Springdale and
any assistants or agents.
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, basements
and any room used for parties, social events or the congregation of
people, excepting bedrooms.
Any form of conduct, action, incident or behavior perpetrated,
caused or permitted by any occupant or visitor of a residential rental
unit that is so loud, untimely (as to hour of the day), offensive,
riotous or that otherwise disturbs other persons of reasonable sensibility
in their peaceful enjoyment of their premises such that a report is
made to police and/or to the Code Enforcement Officer, complaining
of such conduct, action, incident or behavior. It is not necessary
that such conduct, action, incident or behavior constitute a criminal
offense, nor that criminal charges be filed against any person in
order for a person to have perpetrated, caused or permitted the commission
of disruptive conduct, as defined herein; provided, however, that
no disruptive conduct shall be deemed to have occurred unless the
Code Enforcement Officer or police shall investigate and make a determination
that such did occur, and keep written records, including a disruptive
conduct report, of such occurrence.
A written report of disruptive conduct on a form to be prescribed
therefor, to be completed by the Code Enforcement Officer or police,
as the case may be, who actually investigates an alleged incident
of disruptive conduct and which shall be maintained by the Code Enforcement
Officer.
Also known as the "manager."
A person on the premises with the actual or implied consent
of an occupant.
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 residential
rental unit (same as "owner").
The Landlord and Tenant Act of 1951, 68 P.S. § 250.101
et seq.
An adult individual designated by the owner of a residential
rental unit.
The license issued to the owner of residential rental units
under this article, which is required for the lawful rental and occupancy
of residential rental units.
An 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.
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 residential
rental unit.
A rental unit in which the owner resides on a regular, permanent
basis.
A natural person, partnership, corporation, unincorporated
association, limited partnership, trust or any other entity.
The Police Department of the Borough of Springdale or any
properly authorized member or officer thereof or any other law enforcement
agency having jurisdiction within the Borough of Springdale.
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 rental units are located.
A written agreement between owner/landlord and occupant/tenant supplemented by the addendum required under § 362-9E, embodying the terms and conditions concerning the use and occupancy of a specified residential rental unit or premises.
Any structure within the Borough of Springdale which is occupied
by someone other than the owner of the real estate as determined by
the most current deed and for which the owner of the said parcel of
real estate receives any value, including but not limited to money
or the exchange of services. Each apartment within a building is a
separate structure requiring inspection and a license.
Any human-made object, the use of which requires an ascertainable
stationary location on land whether or not it is affixed to the land.
Each apartment within a building is a separate structure.
An individual who resides in a rental unit, whether or not
he or she is related to 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 (same as "occupant").
A.
General. It shall be the duty of every owner to keep and maintain
all rental units in compliance with all applicable state laws and
regulations and local ordinances and to keep such property in good
and safe condition. The owner/landlord shall be responsible for regularly
performing all maintenance, including lawn mowing and ice and snow
removal, and for making any and all repairs in and around the premises.
As provided for in this article, every owner/landlord shall be responsible
for regulating the proper and lawful use and maintenance of every
dwelling which he, she or it owns. 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 conduct or 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.
B.
Designation of manager/emergency contact. Every owner who is not
a full-time resident of the Borough of Springdale, and/or who does
not live within 15 air miles of the boundaries of the Borough of Springdale,
shall designate a manager/emergency contact who shall reside in an
area that is within 15 air miles from the Borough of Springdale. If
the owner is a corporation, a manager/emergency contact shall be required
if an officer of the corporation does not reside within the above-referenced
area. The officer shall perform the same function as a manager/emergency
contact. If the owner is a partnership, a manager/emergency contact
shall be required if a partner does not reside within the above-referenced
area. Said partner shall perform the same function as a manager/emergency
contact. The manager/emergency contact 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 article
and under rental agreements with occupants. The identity, address
and telephone number(s) of a person who is designated as manager/emergency
contact hereunder shall be provided by the owner or manager/emergency
contact to the Borough, and such information shall be kept current
and updated as it changes.
D.
Maintenance of premises.
(1)
The owner shall maintain the premises in compliance with the applicable
codes of the Borough of Springdale and shall regularly perform all
routine maintenance, including lawn mowing and ice and snow removal,
and shall promptly make any and all repairs necessary to fulfill this
obligation.
(2)
In every case, however, the owner has ultimate responsibility in
maintaining the property. In no case shall the existence of any agreement
between owner and occupant or any other third party relieve an owner
of any responsibility under this article or other ordinances or codes
for maintenance of the premises. Rather, the owner shall at all times
remain responsible for maintaining the property and enforcing the
terms of this article.
E.
Rental agreement.
(1)
Prohibited provisions. Except as otherwise provided by this article,
no rental agreement may provide that the occupant or owner agrees
to waive or to forgo rights or remedies under this article. A provision
prohibited by this subsection included in a rental agreement is unenforceable.
(2)
Upon request by the Borough of Springdale, the owner, within 10 days
of the request, shall furnish to the Borough of Springdale a list
of tenants.
F.
Registration. Every owner of a residential rental unit must register
the unit with the Code Enforcement Officer/Borough office in accordance
with the following schedule:
(1)
All owners of residential units must register the units with the
Code Enforcement Officer/Borough office within 30 days after the effective
date of this article.
(2)
Any individual, entity or firm which converts any structure to a
residential rental unit or units shall register the residential rental
unit or units with the Code Enforcement Officer of the Borough of
Springdale within 30 days of the completion of the conversion of the
unit or units or within 30 days of the time when any rent, including
the exchange of other services for the unit or units, is obtained
or within 30 days of the date within which a tenant or tenants occupies
the unit or units, whichever time period is sooner.
(3)
It shall be the responsibility of the grantee and the grantee's
agent in the purchase of the said real estate, including the grantee's
attorney or title company, to notify Springdale Borough within 72
hours of any purchase or transfer of a rental unit.
(4)
The owner of a residential rental unit must update the registration
information on record with the Code Enforcement Officer within 10
days of any changes of the information set forth below.
(5)
All owners of any residential rental unit living outside of the fifteen-air-mile limit set forth in § 362-9B must have a local manager/emergency contact who shall reside within 15 air miles of the Borough of Springdale and who shall be available as an emergency contact person.
(6)
Registration information shall be provided to the Borough of Springdale
by all owners and shall include the following:
(a)
Owner name, address, telephone number.
(b)
Local manager name, address, telephone number (an emergency
contact person).
(c)
Property address and number of units.
(d)
Maximum occupancy per unit.
(e)
Emergency telephone number.
(f)
Actual number of occupants.
(g)
Names and addresses of current tenants.
(7)
In addition to complying with any and all other Borough regulations
and ordinances, including obtaining an occupancy permit, any owner
of a residential rental unit shall notify the Borough of Springdale
at the Borough Building within 10 days of a new tenant occupying,
renting or residing in the landlord's or owner's residential
rental unit.
(8)
Notwithstanding any other provisions of this article, the names and
addresses of a tenant shall not be disclosed by any Borough personnel
in the event that the tenant is the subject of a court order requiring
that this information be kept confidential.
G.
Landlord-Tenant Act. The owner shall comply with all provisions of
the Landlord-Tenant Act.
H.
Enforcement.
(1)
Within 10 days after receipt of written notice from the Code Enforcement
Officer that an occupant of a residential rental unit has violated
a provision of this article, the owner shall take immediate steps
to remedy the violation and take steps to assure that there is not
a reoccurrence of the violation.
(2)
In the event that a second violation occurs within a license year
involving the same occupant or occupants, the Code Enforcement Officer
will continue to cite the owner.
I.
Code violations. Upon receiving notice of any code violations from
the Code Enforcement Officer, the owner shall promptly take action,
or cause the necessary action to be taken, to abate the offending
condition and eliminate the violation.
J.
Borough can make repairs. In case the owner of premises shall neglect,
fail or refuse to comply with any notice from the Borough or its Code
Enforcement Officer to correct a violation relating to maintenance
and repair of the premises under any code in effect in the Borough
of Springdale within the period of time stated in such notice, the
Borough may cause the violation to be corrected. There shall be imposed
upon the owner a charge of the actual costs involved, plus 10% of
said costs for each time the Borough shall cause a violation to be
corrected, and the owner of the premises shall be billed after same
has been completed. Any such bill which remains unpaid and outstanding
after the time specified therein for payment shall be grounds for
the imposition of a municipal lien upon the premises as provided by
law. Such a lien may be reduced to judgment and enforced and collected
as provided by law, together with interest at the legal rate and court
costs. The remedies provided by this subsection are not exclusive,
and the Borough and its Code Enforcement Officer may invoke such other
remedies available under this article or the applicable codes, ordinances
or statutes, including, where appropriate, condemnation proceedings
or declaration of premises as unfit for habitation; or suspension,
revocation or nonrenewal of the license issued hereunder.
K.
Inspections. The owner shall permit inspections of any premises by
the Code Enforcement Officer at reasonable times upon reasonable notice.
Under no circumstances shall an owner refuse to permit an inspection
within five business days of receiving a request to inspect.
L.
Smoke alarms. All owners of residential rental units in the Borough
of Springdale shall be required, within five days of the passage of
this article, to install smoke alarms, regardless of the occupant
load, at the following locations:
M.
Carbon monoxide alarms. All owners of residential rental units in
the Borough of Springdale shall be required to install and maintain
carbon monoxide alarms in compliance with state law.
N.
Noncompliance.
(1)
Any parcel of real estate containing a residential rental unit which
has been found to be in noncompliance with this article, after inspection
and reinspection, shall be subject to reinspection by the Code Enforcement
Officer as follows:
(a)
Each residential rental unit referred to above shall be inspected
one time each year. A particular residential unit which contains a
violation of this article shall be reinspected as set forth above.
(b)
In addition, each residential rental unit shall be inspected
each time one of the residential rental units is vacant.
(2)
In the event of a violation, a residential rental unit cannot be
occupied unless and until the unit is approved as meeting the criteria
of this article and any other applicable codes of the Borough of Springdale,
as determined by the Enforcement Officer.
(3)
Notice of violation; remedies.
(a)
If, after inspection of one or more of the residential rental
units as set forth above, the Code Enforcement Officer determines
that there are violations of any codes of the Borough of Springdale,
the Code Enforcement Officer shall provide a notice of violation which
shall, at a minimum, set forth the following:
(b)
Within 10 days after receipt of a written notice from the Borough
of Springdale Code Enforcement Officer that there has been a violation
of this section or any other applicable ordinances of the Borough
of Springdale, the owner shall take immediate steps to remedy the
violation and take steps to assure that there will not be a reoccurrence
of the violation.
(c)
Within 20 days after receipt of a notice of violation, the owner
of a residential rental unit shall file with the Code Enforcement
Officer a report on a form provided by the Borough of Springdale setting
forth what action the owner has taken to remedy the violation and
what steps he or she has taken to prevent a reoccurrence of the violation.
The report shall also set forth a plan as to steps the owner will
take in the future if the violation reoccurs, as listed in Borough
Code.
(d)
The Code Enforcement Officer shall review the report and, if
adequate steps have been taken and the plan is adequate to address
future violations, shall approve the plan. The owner, on his or her
initiative, shall enforce the plan, and failure to do so shall be
a violation of this article of the Borough of Springdale.
(4)
If, after a violation as set forth above, a parcel of real estate
containing residential rental units has no violations of applicable
codes of the Borough of Springdale for a period of two years, said
property shall then be deemed to be back in compliance with the terms
and conditions of this article and shall not then be subject to the
inspections set forth in this section until there are other violations.
(5)
If a parcel of real estate in noncompliance with the terms and conditions
of this article or other ordinances of the Borough of Springdale is
sold, then the parcel of real estate shall remain in noncompliance
until the sooner of the following has occurred:
(6)
All owners of any real estate containing or upon which are erected
any residential rental unit which are in noncompliance with this article
and who desire to sell the 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 article. Further, any property owner selling
a parcel of real estate upon which is erected a residential rental
unit or units which is or are found to be in noncompliance under the
terms and conditions of this article shall notify the Code Enforcement
Officer or the Borough office, in writing, within 30 days prior to
closing on the sale of said parcel of real estate.
(7)
All owners of any parcels of real estate containing residential rental
units shall permit access to the property so that the Code Enforcement
Officer of the Borough of Springdale, or his or her designee, shall
be able to complete all inspections necessary to determine compliance
with this article and any other applicable ordinances of the Borough
of Springdale. Refusal to allow entry of the residential rental unit
by the Code Enforcement Officer of the Borough of Springdale to inspect
the said unit shall be a violation of this article.
(8)
For the purpose of enforcing this article, the Code Enforcement Officer,
or his designee, 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 article.
(9)
The Code Enforcement Officer may reinspect any property subject to
a notice of violation upon expiration of the time to accomplish repairs
or upon notice from the owner that the violations have been rectified.
(10)
The owner of any property containing or upon which is erected
a residential rental unit shall pay a $45 fee for each and every reinspection
to cover the cost of a reinspection each time a reinspection is required
under the terms of this article or each time a reinspection is requested
by the Code Enforcement Officer to determine compliance with this
article or any other applicable ordinances of the Borough of Springdale.
The fee set forth herein may be increased or decreased by a resolution
of Springdale Borough Council.
O.
Tenant registration.
(1)
Beginning upon the effective date of this article, all tenants, the
name the unit is in, who are renting a residential rental unit or
residential rental units in the Borough of Springdale shall within
60 days of the passage of this article present to the Code Enforcement
Officer in Borough of Springdale one form of identification which
shall include a state-issued driver's license or photo identification
card.
(2)
The Borough Code Enforcement Officer shall record the name of the
tenant, the landlord's name, the date of registration, the address
of the leased property and the type of identifying information presented
and shall have the tenant attest, in writing, that the information
provided is true and correct subject to the penalties provided for
unsworn falsification to authorities.
(3)
If a tenant is unable to present this information in person on account
of a disability or infirmity, the Code Enforcement Officer of the
Borough of Springdale shall provide alternative means to provide this
information in order to reasonably accommodate the tenant.
(4)
Each time an occupant changes, the owner must inform the Borough
of Springdale within 10 days; he or she shall register with the Borough
of Springdale within 10 days of entering into the landlord-tenant
relationship and/or occupying the premises and provide the information
referenced above.
P.
The owner shall maintain and provide upon demand the following:
(1)
The current license and current inspection report issued by the Code
Enforcement Office of the Borough of Springdale.
(2)
The addendum to the license application required by this article,
showing the names of the authorized occupants of the residential rental
unit.
(3)
The total number of persons who may occupy the residential rental
unit or units and any common areas located within the rental unit.
(4)
A notice will be signed by the tenant that there is an ordinance
which can be picked up at the Borough office: a notice of ordinances
and statutes applicable to the occupants of the rental unit on a placard
provided by the Borough of Springdale.
(5)
The notices required by this section shall be maintained in such
a way so as to minimize tampering and removal.
A.
General. The occupant shall comply with all obligations imposed upon
occupants by this article, all applicable codes and ordinances of
the Borough of Springdale and all applicable provisions of state law.
B.
Health and safety regulations. The occupant shall deposit all rubbish,
garbage and other waste from his or her rental unit into containers
provided by the owner or landlord in a clean and safe manner.
C.
Peaceful enjoyment. The occupant shall conduct himself or herself
and require other persons, including, but not limited to, guests on
the premises and within his or her rental unit with his or her 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 the persons
occupying same.
D.
Residential use. The occupant shall, unless otherwise permitted by
applicable law or ordinance, occupy or use his or her rental unit
for no other purpose than as a residence.
E.
Illegal activities. The occupant shall not engage in, nor tolerate,
nor permit others on the premises to engage in, any conduct declared
illegal under the Pennsylvania Crimes Code (18 Pa.C.S.A. § 101
et seq.) or 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.).
F.
Disruptive conduct.
(1)
The occupant shall not engage in, nor tolerate, nor permit others
on the premises to engage in disruptive conduct or other violations
of this article.
(2)
When police or the Code Enforcement Officer investigates an alleged
incident of disruptive conduct, he or she shall complete a disruptive
conduct reported upon a finding that the reported incident did, in
his or her judgment, constitute disruptive conduct as defined herein.
The information filled in on said report shall include, if possible,
the identity or identities of the alleged perpetrator(s) of the disruptive
conduct and all other obtainable information, including the factual
basis for the disruptive conduct requested on the prescribed form.
Where the police make such investigation, said police officer shall
then submit the completed disruptive conduct report to the Code Enforcement
Officer. In all cases, the Code Enforcement Officer shall mail a copy
of the disruptive conduct report to the owner or manager/emergency
contact within three working days of the occurrence of the alleged
disruptive conduct, whether the person making the investigation on
behalf of the Borough is the Code Enforcement Officer or police.
(3)
In the event that a second violation occurs within a twelve-month
period, involving the same occupant or occupants, the police will
report to the District Attorney and all applicable agencies. The Code
Enforcement Officer may direct the owner to evict the occupant or
occupants who have violated this article of the Code of the Borough
of Springdale and to not permit the occupant to occupy the premise
during any subsequent period.
G.
Compliance with rental agreement. The occupant shall comply with
all lawful provisions of the rental agreement entered into between
owner and occupant. Failure to comply may result in the eviction of
the occupant by the owner.
H.
Inspection of premises. The occupant shall permit inspections by
the Code Enforcement Officer of the premises at reasonable times,
upon reasonable notice.
I.
Disruptive conduct. It shall be a violation of this article for any
occupant or any other person to engage in disruptive conduct as defined
by this article.
A.
License requirement.
(1)
As a prerequisite to entering into a rental agreement or permitting the occupancy of any rental unit [except as provided in Subsection A(3) below], the owner of every such rental unit shall be required to apply for and obtain a license for each rental unit.
(2)
A license shall be required for all residential rental units.
(3)
The following categories of rental properties shall not require licenses
and shall not, therefore, be subject to the permitting provision of
this article:
(4)
The application for the license shall be in a form as determined
by the Borough.
(5)
In the event that a license is denied by the Code Office, the owner
shall have the right to appeal to the Borough Council of the Borough
of Springdale within 30 days of mailing of the notice of denial of
the application. The hearing before the Borough Council shall be governed
by the Local Agency Law.[1]
[1]
Editor's Note: See 2 Pa.C.S.A. § 551 et seq.
B.
License term, fee and occupancy limit.
(1)
Upon application for a license and prior to the issuance or renewal
thereof, each applicant shall pay to the Borough a license and inspection
fee, in an amount to be established from time to time by resolution
of the Borough Council of the Borough of Springdale. The initial fee
for a license shall be $50 for each residential rental unit/apartment.
The license shall indicate thereon the maximum number of occupants
in each rental unit.
(2)
No license shall be issued if the owner has not paid any fines and
costs arising from enforcement of this article or any of the ordinances
of the Borough of Springdale relating to land use and/or code enforcement
or if any licensing fees under this article are due and owing to the
Borough.
C.
Search warrant. Upon a showing of probable cause that a violation
of this article or any other ordinance of the Borough of Springdale
has occurred, the Code Enforcement Officer or police may apply to
the Magisterial District Judge having jurisdiction in the Borough
of Springdale for a search warrant to enter and inspect the premises.
A.
General. The Code Enforcement Officer may initiate disciplinary action
against an owner that may result in a formal warning, nonrenewal,
suspension or revocation of the owner's license for violating
any provision of this article that imposes a duty upon the owner,
and/or for failing to regulate the breach of duties by occupants as
provided herein.
(1)
FORMAL WARNING
NONRENEWAL
REVOCATION
SUSPENSION
Definitions of options. As used in this section, the following terms
shall have the meanings indicated:
Formal written notification of at least one violation of
this article. Upon satisfactory compliance with this article and any
conditions imposed by the Code Enforcement Officer and/or the Borough
Council, the formal warning shall be removed when the owner applies
for license renewal at a time set by the Code Enforcement Officer
or by the Borough Council.
The denial of the privilege to apply for license renewal
after expiration of the license term. The Borough will permit the
owner to maintain occupants in the premises until the end of the license
term but will not accept applications for renewal of the license until
a time set by the Code Enforcement Officer or by Borough Council.
The immediate loss of the privilege to rent residential rental
units for a period of time set by the Code Enforcement Officer or
the Borough Council and the loss of the privilege to apply for renewal
of the license at the expiration of the time period. Upon the loss
of the privilege to rent, the owner shall take immediate steps to
evict the occupants.
The immediate loss of the privilege to rent residential rental
units until violation is corrected. The owner, after the expiration
of the suspension period, may apply for license renewal without the
need to show cause why the owner's privilege to apply for a license
should be restrained. Upon suspension, the owner shall take immediate
steps to evict the occupants.
B.
Criteria for applying discipline. The Code Enforcement Officer, when
recommending discipline, and the Borough Council, when applying discipline,
shall consider the following:
(1)
The effect of the violation on the health, safety and welfare of
the occupants of the residential rental unit and other residents of
the premises.
(2)
The effect of the violation on the neighborhood.
(3)
Whether the owner has prior violations of this article and other
ordinances of the Borough or has received notices of violations as
provided for in this article.
(4)
Whether the owner has been subject to disciplinary proceedings under
this article.
(5)
The effect of disciplinary action on the occupants.
(6)
The action taken by the owner to remedy the violation and to prevent
future violations, including any written plan submitted by the owner.
(7)
The policies and lease language employed by the owner to manage the
rental unit to enable the owner to comply with the provisions of this
article.
(8)
In addition to applying discipline as set forth above, the Code Enforcement
Officer may recommend and Borough Council may impose upon the existing
or subsequent licenses reasonable conditions to fulfilling the purposes
of this article.
C.
Grounds for imposing discipline. Any of the following may subject
an owner to discipline as provided for in this article.
(1)
Failure to abate a violation of Borough codes and ordinances that
apply to the premises within the time directed by the Code Enforcement
Officer.
(2)
Refusal to permit the inspection of the premises by the Code Enforcement Officer as required by§ 362-9K of this article.
(3)
Failure to take steps to remedy and prevent violations of this article by occupants of residential rental unit as required by § 362-9N(3)(b) of this article.
(4)
Failure to file and implement an approved plan to remedy and prevent violations of this article by occupants of a residential rental units as required by § 362-9N(3)(c) of this article.
D.
Procedure for nonrenewal, suspension, or revocation of license.
(1)
Notification. Following a determination that grounds for nonrenewal,
suspension or revocation of a license exist, the Code Enforcement
Officer shall notify the owner of the action to be taken and the reason
therefor. Such notification shall be in writing, addressed to the
owner in question, and shall contain the following information:
(a)
The address of the premises in question and identification of
the particular residential rental unit(s) affected.
(b)
A description of the violation which has been found to exist.
(c)
A notice that the residential rental unit(s) is in violation
of this article with a specification of the grounds of the violation.
Such violations must be cured within 30 days from the date of the
notice.
(d)
A statement informing the owner that he, she or it has a right
to appeal the decision that the owner is in violation of this article
by submitting, in writing, to the Borough, within 30 days from the
date printed on the notice, a detailed statement of the appeal, including
the grounds therefor and the reason(s) alleged as to why the determination
of the Code Enforcement Officer is incorrect or should be overturned,
and a statement of the relief requested by the appellant. Such notice
of appeal may be required to be submitted on a form to be prescribed
therefor by Borough Council, to be signed by the appellant. There
is hereby imposed a fee for filing of such appeals, the amount of
which shall be determined and established from time to time by resolution
of the Borough Council.
(e)
Upon receipt of such an appeal in proper form, accompanied with
the requisite filing fee, the Borough shall schedule a hearing, to
be held at the time and date of the next regularly scheduled Borough
Council meeting, not less than 10 days from the date on which the
appeal is filed.
(f)
The appellant and the Code Enforcement Officer shall receive
written notice of the hearing on the appeal.
(g)
Borough Council shall hold a hearing on the appeal which shall
be conducted in accordance with the Local Agency Law, 2 Pa.C.S.A.
§ 751 et seq. 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 Borough Council shall make a decision either
affirming, reversing, or modifying the action of the Code Enforcement
Officer from which the appeal was taken. Such decision shall be rendered
at a public meeting either immediately following the hearing or within
30 days thereafter. The decision shall be reduced to writing stating
clearly the factual and legal basis for the decision, within 45 days
after the hearing. If Borough Council deems it necessary or desirable,
it may continue the hearing to a subsequent time and date not later
than 45 days from the initial hearing, which time and date shall be
openly announced at the initial hearing, and in such case, the time
limits for rendering the decision and reducing it to writing set forth
herein shall be calculated from the last hearing date (at which the
substance of the decision is orally announced).
(2)
Delivery of notification.
(a)
All notices shall be sent to the owner or manager/emergency
contact, 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 or police shall attempt delivery
by personal service on the owner or manager/emergency contact if applicable.
The police or Code Enforcement Officer shall also post the notice
at a conspicuous place on the premises.
(b)
If personal service cannot be accomplished after a reasonable attempt to do so, then the notice may be sent to the owner or manager/emergency contact at an 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 United States 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 United States Mail, and all time periods set forth under Subsection D(1) above shall thereupon be calculated from said fifth day.
E.
Nonexclusive remedies. The penalty provisions of this article and
the license nonrenewal, suspensions and revocation procedures provided
in this article 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 article.
The remedies and procedures in this article 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 references in this article 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 article.
A.
Notices. For purposes of this article, any notice required hereunder
to be given to a manager/emergency contact shall be deemed as notice
given to the owner.
(1)
There shall be a rebuttal presumption that any notice required to
be given to the owner under this article shall have been received
by such owner if the notice was given to the owner in the manner provided
by this article.
(2)
A claimed lack of knowledge by the owner of any violation hereunder
cited shall be no defense to license nonrenewal, suspension or revocation
proceedings as long as all notices prerequisite to institution of
such proceedings have been given and deemed received in accordance
with the applicable provisions of this article.
B.
Changes in ownership occupancy. It shall be the duty of each owner
of a residential rental unit to notify the Code Enforcement Officer
or the Borough office, in writing, of any change in ownership of the
premises or of the number of residential rental units on the premises.
It shall also be the duty of the owner to notify the Code Enforcement
Officer or the Borough office, in writing, of any increase in the
number of occupants in any residential rental unit or of the changing
of a rental unit from owner-occupied to non-owner-occupied, which
thereby transforms the dwelling into a residential rental unit for
purposes of this article.
C.
Owners severally responsible. If any residential 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 article, and shall
be severally subject to prosecution for the violation of this article.
All owners shall be responsible and served.
A.
This article shall be enforced by the Code Enforcement Officer of
the Borough of Springdale.
B.
Basis for violation. It shall be unlawful for any person, as either
owner or manager/emergency contact of a residential rental unit for
which a license is required, to operate without a valid, current license
issued by the Borough of Springdale authorizing such operation. It
shall also be unlawful for any person, either owner or manager/emergency
contact, to allow the number of occupants of a residential rental
unit to exceed the maximum limit as set forth on the license or to
violate any other provision of this section. It shall be unlawful
for any occupant to violate this section.
C.
Penalties.
(1)
Any landlord or owner of a residential unit which violates any of the § 362-9F(1) through (6) of this article, together with all of the subsections thereunder, shall, upon conviction thereof, be sentenced to pay a fine of $500 for each and every offense. Each day of the said violation shall be a separate offense.
(2)
Any landlord or owner of a residential rental unit which violates any of the provisions of § 362-9M through P of this article, together with all or any subsections thereunder, shall incur the following penalties, upon receipt of permit.
(a)
For the first offense. Any owner or landlord violating any of
the above-listed sections shall, upon conviction thereof in a summary
proceeding, be sentenced to pay a fine of $100 for each and every
offense. Each day of the said violation shall be a separate offense.
(b)
For the second offense. Any owner or landlord violating any
of the above-listed sections shall, upon conviction thereof in a summary
proceeding, be sentenced to pay a fine of $300 for each and every
offense. Each day of the said violation shall be a separate offense.
(c)
For the third offense. Any owner or landlord violating any of
the above-listed sections shall, upon conviction thereof in a summary
proceeding, be sentenced to pay a fine of $500 for each and every
offense. Each day of the said violation shall be a separate offense.
D.
Fines as imposed through this article shall be collected as allowable
by law.
E.
Each day during which any owner of a residential rental unit violates
any provision of this article shall constitute a separate offense.
F.
This section and the foregoing penalties shall not be construed to
limit or deny the right of the Borough of Springdale or its agents
or representatives to such equitable or other remedies as may otherwise
be available with or without process of law.
G.
In addition to the fines set forth herein, the Borough of Springdale
shall be entitled to reasonable attorney's fees incurred in enforcing
this article. The said fees shall be added to any penalties set forth
above.
H.
The owners of all residential rental units in the Borough of Springdale
shall have the responsibility of making sure that all occupants within
their rental units comply with and abide by this article of the Code
of the Borough of Springdale.