[HISTORY: Adopted by the Borough Council of the Borough of Lemoyne as indicated in article histories. Amendments noted where applicable.]
[Adopted 3-6-1969 by Ord. No. 453 (Ch. 11, Part 1, of the 1984 Code of Ordinances)]
The following words when used in this article shall have the meaning ascribed to them in this section except where the context clearly indicates or requires a different meaning:
- That person or persons who has the use of real estate of a lessor and is responsible for the giving of any type of consideration therefor, but excluding those who are lessees for a period of not less than 30 days.
- Any person who grants a lease or otherwise permits the use of his real estate or portion thereof for a consideration, monetary or otherwise.
- Any natural person, partnership, association, firm, or corporation.
All lessors, within 30 days after the effective date of this article, or in case of real estate thereafter acquired or thereafter rented or becoming available for rental, within 30 days after the acquisition, rental or availability for rental thereof, as the case may be, shall report to the Borough Secretary in writing addressed to him at the Borough Office, the number of parcels or units of real estate presently or hereafter rented or available for rental, a description (by address, unit or apartment number and/or some other meaningful method) of the said parcels or units, and the names of its lessees at the time of such report, together with a designation as to which unit or parcel is occupied by each.
Any change in the occupancy of real estate rented or leased or in the identity of the lessee from that shown in the report of the lessor as required in § 394-2 hereof shall be reported by lessor so the Borough Secretary within 10 days after such change. It is intended hereby that lessors shall report a new lessee or a lessee who rents or leases a different unit or parcel or lessor's real estate and when a unit or parcel of their real estate becomes vacant.
The Borough Secretary may prepare a form report entitled "Status of Occupancy Report," which form report may require that information set forth above and such other pertinent information that the Council by resolution may direct the Borough Secretary to incorporate into the said report form. The failure to have such report forms, however, shall not excuse the obligation or lessors to provide the information required herein.
Any lessor violating any of the provisions of this article or who furnishes false information to the Borough or who uses a false name or address in any report required by this article shall, upon conviction before a Magisterial District Judge, be sentenced to a fine not more than $100 and costs of prosecution, and in default of payment thereof to suffer imprisonment for a term not to exceed 30 days.
[Adopted 1-1-2016 by Ord. No. 732]
The Borough has determined that non-owner-occupied dwelling units are frequently maintained at a standard significantly less than owner-occupied dwelling units and that such failure to maintain those units can, and frequently does, result in dwelling units that are unsafe, unsanitary and, in many instances, not maintained to the minimum standards required by the various applicable codes in effect in the Borough of Lemoyne, from time to time. Therefore, the Borough Council finds it to be desirable and in the public interest to enact the following provisions, providing for the regular and systematic inspection of these properties to ensure their continued compliance with applicable Borough codes.
This article shall be known and may be cited as the "Residential Rental Dwelling Unit Code of the Borough of Lemoyne."
A certain document designated as the "International Property Maintenance Code, 2009," as published by the International Code Council, be and is hereby adopted as the Residential Rental Dwelling Unit Code of the Borough of Lemoyne, Cumberland County, Pennsylvania, for the control of residential rental buildings and structures as herein provided, and each and all of the regulations, provisions, penalties, conditions and terms of the "International Property Maintenance Code" are hereby referred to, adopted and made a part hereof as if fully set out in this chapter, with the additions, insertions, deletions and changes, if any, prescribed in § 394-10 of this chapter.
In the event any provision of this article is inconsistent with a provision of any other part or chapter of the Code of the Borough of Lemoyne, other code or ordinance in effect in the Borough of Lemoyne, the provision applying the stricter standard shall apply.
The following sections of the International Property Maintenance Code, 2009, are hereby revised, removed, replaced, and/or modified as follows:
The issuance of a certificate of compliance shall not be deemed, nor construed as, a representation, guaranty or warranty of any kind by the Borough, or its officials, agents or employees, and shall create no liability upon or duty by the Borough, its officials, agents or employees.
The issuance of a certificate of compliance shall not preclude or otherwise affect the authority of the code official from the enforcement of this or any other part of this code, or applicable statute, ordinance, rule or regulation at any time.
[Added 8-10-2017 by Ord. No. 746]
Service fee for failing to register rental property on time. When a property is required to be registered as a "residential rental unit" as outlined in this article and the owner fails to register the property and pay the registration fee for the upcoming year by January 31 of that year, the property registration shall be deemed to be late. The following charges will be assessed against the property owner in addition to the set registration fee:
Notice of violation and Quick Ticket procedures. In addition to other law enforcement mechanisms available to the Borough under this code, the Code Official is authorized to issue notice of violation notices for violations under this section and "Quick Tickets" for violations of this section when the notice of violation has not been acted upon within 10 days of issuance. Fines for failure to register residential rental units shall be payable by the owner within 15 days. Repeat offenders shall be subject to additional penalties. Failure to pay the Quick Ticket within 15 days may result in a summary citation being issued through the Magisterial District Judge's office. Borough Council shall approve the Quick Ticket forms and penalty amounts by resolution.