[Ord. 864, 11/17/2005]
The purpose of this Part and the policy of the Borough of Elizabethtown
shall be 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. As a means to these ends, this
Part provides for a systematic inspection program, registration and
licensing of residential rental units and penalties. In considering
the adoption of this Part, the Borough makes the following findings:
A. There is a concern in the Borough with the failure of some property
owners to properly maintain residential rental units.
B. Borough records indicate there is a greater incidence of problems
with the maintenance and upkeep of residential properties which are
not owner-occupied as compared to those that are owner-occupied.
C. Borough records indicate that violations of the Borough's Ordinances
are generally less severe at owner-occupied units as compared to residential
rental units.
D. Borough records indicate that there are a growing number of disturbances
at residential rental units.
[Ord. 864, 11/17/2005]
Unless otherwise expressly stated, the following terms shall,
for the purpose of this Part, have the meanings indicated as follows:
BOROUGH
The Borough of Elizabethtown, Lancaster County, Pennsylvania.
CODES COMPLIANCE OFFICIAL
A person designated by Borough Council to enforce this Part,
including performance of inspections, issuance of residential rental
licenses and issuance of citations.
CODES
Any state or local law, code or ordinance adopted, enacted or in effect in and for the Borough, including, but not limited to, the Existing Structures and Property Maintenance Code, codified as Chapter
5 of the Code of Ordinances of the Borough of Elizabethtown, Lancaster County, Pennsylvania.
COUNTY
The County of Lancaster.
DISRUPTIVE CONDUCT
Any act by an occupant of a residential rental unit or by a person present at a residential rental unit involving public drunkenness, consumption of an alcoholic beverage in public, public urination or defecation, the unlawful deposit of trash or litter on public or private property, damage to or destruction of public or private property, the obstruction of public roads, streets, highways or sidewalks, interference with emergency or police services, unreasonable noise as defined by the Borough Noise Nuisance Ordinance, codified as Part
2, Noise Nuisance, of Chapter
10, of the Code of Ordinances, use of profane or obscene language or gestures, indecent exposure, fighting or quarreling, or any other act defined as disorderly conduct in the Pennsylvania Crimes Code or any act prohibited in Chapter
10, Part
2 of the Borough's Code of Ordinances or which otherwise injures or endangers the health, safety or welfare of the residents of the Borough residing in the neighborhood or vicinity of the gathering. 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 said 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 a codes compliance official or a police officer shall investigate and make a determination that such did occur, and keep written records, including a disruptive conduct report, of such occurrences. The occupant and the owner and, if applicable, the manager shall be notified of any such occurrences, in writing.
DISRUPTIVE CONDUCT REPORT
A written report of disruptive conduct to be completed by
a police officer or codes compliance official who actually investigates
an alleged incident of disruptive conduct and which shall be maintained
by the Codes Compliance Official.
DWELLING
A building or structure designed for living quarters for
one or more families, including industrialized housing and manufactured
homes which are supported either by a foundation or are otherwise
permanently attached to the land.
[Added by Ord. 983, 11/16/2017]
FAMILY
A family as defined in Chapter
27, Zoning.
[Added by Ord. 983, 11/16/2017]
HOTEL/MOTEL
A building or group of buildings where more than six individual
sleeping quarters that may have separate entrances are offered for
compensation, to transient occupants as defined in this Part, licensed
under applicable laws and regulations. Such a use may have ancillary
services such as recreational facilities, dining services, meeting
rooms, and/or fitness centers.
[Added by Ord. 983, 11/16/2017]
INSTITUTION AND INSTITUTIONAL FACILITY
An organization founded and united for a specific purpose
(such as education or health care) consisting of a building or complex
of buildings where an organization for the providing of a service
or specific cause is situated.
INSTITUTIONAL FACILITY ROOM
A unit used as a residence and located in a structure owned
and operated by an institution for a common purpose such as, without
limitation, an educational facility or a nursing or retirement care
facility.
MANAGER
A person retained by an owner to be responsible for one or
more residential rental units within the Borough.
OCCUPANT
Any person living and sleeping in a residential rental unit
or having actual possession of said residential rental unit.
OCCUPANT LISTING
A list of tenants residing at the residential rental unit.
The list shall include the name, excluding minor children, and address
with unit number.
[Added by Ord. 983, 11/16/2017]
OWNER
Any person as defined in this Part, agent, operator, firm
or corporation having a legal or equitable interest in the property;
or recorded in the official records of the state, county or Borough
as holding title to the property; or otherwise having control of the
property, including the guardian of the estate of any such person(s),
and the executor or administrator of the estate of any such person(s)
if ordered to take possession of real property by a court.
[Amended by Ord. 983, 11/16/2017]
OWNER'S FAMILY
The person who holds record title and/or equitable owner
to include his or her spouse, son, daughter, owner's parents or owner's
spouses' parents only.
PERSON
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 entities.
PREMISES
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.
PROPERTY MAINTENANCE CODE
The existing Structures and Property Maintenance Code of the Borough of Elizabethtown enacted as Chapter
5 of the Code of Ordinances of the Borough of Elizabethtown, Lancaster County, Pennsylvania, as it may be amended from time to time.
RESIDENTIAL RENTAL UNIT
1) A dwelling unit let for rent, or 2) a rooming unit, or
3) a bed-and-breakfast establishment, or 4) a short-term lodging accommodation,
or 5) an accessory dwelling unit, or 6) a dwelling unit that is not
occupied by the owner, is a residential rental unit. Each individual
townhouse dwelling, each individual apartment unit, each individual
unit in a multifamily building, each individual bed-and-breakfast
establishment, each individual rooming unit, and each individual short-term
lodging accommodation 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
for sale. A residential rental unit shall not include a hotel/motel
as defined herein or a hospital room utilized for medical services.
It shall include an institutional facility room, but only as hereinafter
set forth in § 309.
[Amended by Ord. 983, 11/16/2017]
ROOMING UNIT
A rooming unit as defined in Chapter
27, Zoning.
[Amended by Ord. 983, 11/16/2017]
TRANSIENT OCCUPANT
A person, as defined in this Part, who uses, possesses, or
occupies a dwelling unit or portion thereof for a period of 30 consecutive
calendar days or less.
[Added by Ord. 983, 11/16/2017]
[Ord. 864, 11/17/2005; as amended by Ord. 945, 2/21/2013;
by Ord. 983, 11/16/2017; by Ord. No.
1007, 4/6/2023]
1. It shall be the duty of every owner to:
A. Keep and maintain all residential rental units in compliance with
all applicable codes, ordinances and provisions of all applicable
state laws and regulations, including, but not limited to, the Borough
Zoning Ordinance and Existing Structures and Property Maintenance
Code.
B. Keep and maintain all premises in good and safe condition.
C. Be aware of, and act to eliminate, disruptive conduct in all residential
rental units.
D. Employ policies to and actually manage the residential rental units
under his/her control in compliance with the provisions of this Part,
Borough Ordinances and applicable state laws.
E. Pay or ensure payment of all real estate taxes, sewer charges, water
charges, and trash collection fees to insure that such vital utilities
are provided.
F. Obtain and maintain a residential rental license for each residential
rental unit.
G. Provide the Borough within 10 days of occupancy with the names (excluding
minor children), physical address, and mailing address, if different,
of all tenants of the residential rental unit and notify the Borough
of changes in the occupancy of the residential unit within 10 days
thereof.
H. Provide trash and recyclable collection and disposal services information
and instruct tenants of the method of trash and recyclable collection
(e.g., curbside or dumpster and day of pickup).
I. Take all actions necessary to ensure that each residential rental
unit is occupied by only one family. For the purposes of this paragraph,
a "family" is defined in the Borough Zoning Chapter.
J. Require a written rental license application for each residential
rental unit, as defined in this Part. The names of all permitted occupants
shall be listed on the license application, excluding minor children,
and excluding transient occupants of short-term lodging accommodations
and bed-and-breakfast establishments. Each lease, excluding bed-and-breakfast
establishments and short-term lodging accommodations, shall contain
a provision and notice to the tenant(s) that if the residential rental
license for the leased unit is revoked, the owner shall have the right
to terminate the lease and evict the tenant with 30 days' written
notice and that tenant agrees this procedure does not violate any
part of the Landlord and Tenant Act of Pennsylvania. Further, if the lease is so terminated as a result of
the landlord not complying with the terms of this Part, the tenant
may cure this matter by exhausting available legal remedies provided
for under federal and/or state law.
K. Retain a manager when this Part requires that a manager be designated.
L. When required by the International Residential Code, in all residential
rental units, an approved carbon monoxide alarm shall be installed
outside of each separate sleeping area in the immediate vicinity of
the bedrooms. Carbon monoxide alarms shall be installed in accordance
with the manufacturer's installation instructions.
M. It is the responsibility of the owner of a residential rental unit,
as defined herein, to be compliant with all applicable provisions
of the Elizabethtown Borough Code of Ordinances.
N. Install
ten-year sealed lithium battery smoke detectors at such locations
as are required by the Existing Structures and Property Maintenance
Code, unless the residential rental unit is provided with an
operational hard-wired smoke detection system.
2. If the owner has appointed a manager, the manager shall be jointly
responsible to fulfill all of the obligations set forth in § 303
hereof. No owner may relieve himself of the responsibility to perform
the duties set forth in § 303 by appointing a manager.
3. It shall be unlawful for any person to conduct or operate or cause
to be rented either as owner or manager any residential rental unit
within the Borough without having a residential rental license as
required by this Part.
4. It shall be the responsibility of every owner and every manger to
display the residential rental license in the residential rental unit.
The residential rental license shall include the following information:
A. Address and telephone number of the owner or manager.
B. Of expiration of the residential rental license.
5. No residential rental license shall be issued to any owner residing
more than 20 miles from the municipal limits of the Borough unless
the owner provides the Borough with the name, mailing address and
telephone number of a manager residing within 20 miles of the municipal
limits of the Borough, authorized to accept service of process on
behalf of the owner. For the purpose of this Section, a post office
box is not acceptable for the manager's address. This designation
shall not be valid unless signed by the owner and the manager designated
to act on behalf of the owner. The owner shall notify the Borough
within 10 days of any change in manager.
[Ord. 864, 11/17/2005]
It shall be the duty of each occupant of a residential rental
unit to:
A. Comply with all obligations of this Part 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 constitute disruptive conduct nor 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 disruptive
conduct, or other violations of this Part, Codes, Borough Ordinances,
or applicable state laws.
D. Use the trash and recyclable collection provided by the owner to
include placing trash out for weekly pickup.
E. Use the residential rental unit for no purpose other than as a residence.
F. Allow the Codes Compliance Official to inspect the residential rental
unit in accordance with this Part at reasonable times.
G. Not allow persons other than those identified on the lease to reside
in the residential rental unit.
H. Not allow the possession of, serving to or consumption of alcohol
by underage persons, nor allow the possession of, providing to or
use of controlled substances by any person in an illegal fashion.
[Ord. 864, 11/17/2005; as amended by Ord. No. 1007, 4/6/2023]
1. Prior to initial occupancy of newly constructed residential rental
units, newly created residential rental units, or substantially rehabilitated
residential rental units, the owner or manager shall register with
and make written application to the Borough for a residential rental
license as herein provided. Such initial inspections will occur in
accordance with a phased-in systematic inspection program to be prepared
and made available upon request by the Codes Compliance Official.
A minimum of 15 days' prior written notice shall be given for all
initial inspections. The penalty for not allowing an inspection shall
be denial of the residential rental license.
2. The Codes Compliance Official shall inspect all other residential
rental units in accordance with a systematic program. The Codes Compliance
Official may also inspect residential rental units upon a change in
occupancy of the residential rental unit, upon receipt of complaints
and for any other reasonable cause.
3. If the Codes Compliance Official, upon completion of the inspection,
finds that the residential rental unit(s) is/are not in compliance
with all applicable codes, the Codes Compliance Official shall issue
notices and, if appropriate, commence enforcement actions under the
procedures set forth in the Code which may include directing the landlord
to begin eviction proceedings against a tenant, but only at the expiration
of any designated time period set forth at § 305(3) with
no cure being accomplished. Notice provided to a manager shall be
deemed notice provided to the owner. The following notices shall be
issued to the owner of the residential rental unit or the manager:
A. If the Codes Compliance Official finds violations warranting condemnation
of the residential rental unit under the Property Maintenance Code,
in addition to the remedies under the Property Maintenance Code, the
Codes Compliance Official shall:
(1) Issue a ten-day notice of violation; and
(2) If after 10 days from the date of the ten-day notice of violation,
a reinspection reveals that the violations are not corrected and arrangements
satisfactory to the Codes Compliance Official have not been made,
the residential rental license for that unit shall be revoked and
if the unit is vacant, it shall remain vacant.
B. If the Codes Compliance Official finds violations not warranting
condemnation of the residential rental unit under the Property Maintenance
Code, the Codes Compliance Official shall issue a thirty-day notice
of violation.
(1) If after 30 days from the date of the thirty-day notice of violation,
the first re-inspection reveals that all violations have not been
corrected, a thirty-day legal action warning shall be issued.
(2) If after 30 days from the date of the thirty-day legal action warning,
the second re-inspection reveals that all violations have not been
corrected, the Codes Compliance Official shall revoke the residential
rental license for that residential rental unit, and if the unit is
vacant, it shall remain vacant.
(a)
A fee will be charged for each re-inspection. The Codes Compliance
Official shall maintain a list of all residential rental units and
their ownership that have been the subject of prosecutions during
the previous five years.
4. Short-term
lodging accommodations shall be inspected annually.
[Ord. 864, 11/17/2005]
A residential rental license shall not be transferred. In the
case of licensed residential rental units that are sold or transferred,
the new owner shall seek a residential rental license for each residential
rental unit and have each residential rental unit inspected. Failure
to seek a residential rental unit license for each residential rental
unit within 30 days of the date of sale or transfer of ownership shall
result in the revocation of the residential rental license.
[Ord. 864, 11/17/2005]
An appeal from any decision of the Codes Compliance Official
shall be taken to Borough Council. Such appeal shall be made in writing
within 10 days after such decision has been made. The appeal shall
be verified by an affidavit, shall state the grounds therefor and
shall be filed with the Borough Secretary. The appeal shall be accompanied
by the appeal fee which shall be established from time to time by
this Part or by resolution of Borough Council. The appellant or his
representative shall have the right to appear and be heard, if such
right is requested in the written appeal. Borough Council shall make
a decision on such appeal within 10 days of the hearing. Borough Council
shall render a written decision, copies of which shall be provided
to the Codes Compliance Official and the appellant.
[Ord. 864, 11/17/2005; as amended by Ord. No. 1007, 4/6/2023]
1. Violations. It shall be a violation of this Part to commit or to
permit any other person to commit any of the following acts:
A. To lease, let, or allow the occupancy of a residential rental unit
without obtaining a residential rental license where required by this
Part.
B. To refuse to permit inspections required under this Part for a residential
rental unit.
C. To fail to perform the duties established by § 303 of this
Part if such person is an owner or a manager of a residential rental
unit.
D. To fail to perform the duties established by § 304 of this
Part if such person is an occupant of a residential rental unit.
E. To place false information on to or omit relevant information from
an application for a residential rental unit.
F. To fail to comply with any other provision of this Part.
2. Penalties and Remedies.
A. Any person who shall violate a provision of this Part; or who shall
fail to comply with any of the requirements thereof; shall be liable
upon summary conviction therefor to fines and penalties of (1) not
less than $100 nor more than $1,000 plus all costs of prosecution,
including the Borough's attorneys' fees, for a first offense;
(2) not less than $200 nor more than $1,000 plus all costs of prosecution,
including the Borough's attorneys' fees, for a second offense;
and (3) not less than $300 nor more than $1,000 plus all costs of
prosecution, including the Borough's attorneys' fees, for
a third or subsequent offense, which fines and penalties may be collected
as provided by law. All fines and penalties collected for violation
of this Part shall be paid over to the Borough Treasurer. Each day
that a violation continues and each section of this Part which is
violated shall be deemed a separate offense.
B. In addition to prosecution of persons violating this Part, the Code
Compliance Official, 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 the Part.
C. The provisions of this section and the provisions of this Part governing
revocation, suspension or nonrenewal of residential rental licenses
shall be independent, nonmutually exclusive, separate remedies, all
of which shall be available to the Borough as may be deemed appropriate.
The remedies and procedures in the Part are not intended to supplant
or replace, to any degree, the remedies provided to the Borough in
the Property Maintenance Code, Zoning Ordinance or any other code, law, rule or regulation.