[Ord. No. 334, 3/8/2010]
The following words, when used in this Part 1A, shall have the
meanings ascribed to them in this section, except where the context
clearly indicates or requires a different meaning.
LANDLORD
Any person who grants a lease or otherwise permits the use
of his real estate or portion thereof for a consideration, monetary
or otherwise.
PERSON
Any natural person, partnership, association, firm or corporation.
TENANT
Person or persons who has or have the use of real estate
of a landlord and is or are responsible for the giving of any type
of consideration therefore, but excluding those who are tenants for
a period of less than 30 days.
[Ord. No. 334, 3/8/2010]
All landlords within 30 days after the effective date of this
Part, 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 therefore, as the case
may be, shall report to the Borough Secretary in writing, addressed
to him/her at the municipal building located at 14 S. Market Street,
Elizabethville, Pennsylvania, during regular business hours, 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 said parcels or units
and the names of its tenants at the time of such report, together
with a designation as to which unit or parcel is occupied by each.
[Ord. No. 334, 3/8/2010]
Any change in the occupancy of real estate rented or leased to in the identity of the tenants from that shown in the report of the landlord, as required in §
11-102, shall be reported by the landlord to the Borough Secretary within 10 days after such change. It is intended hereby that landlords shall report a new tenant or a tenant who rents or leases a different unit or parcel of real estate and when a unit or parcel of their real estate becomes vacant.
[Ord. No. 334, 3/8/2010]
The Borough Secretary may require the landlords to complete
the "Status of Occupancy Report Form," which is attached to this Part
as Exhibit A and may require the information set forth above and such
other pertinent information that the Borough Council, by resolution,
may direct the Borough Secretary to incorporate into said report form.
The failure to have such report forms or make such forms available,
however, shall not excuse the obligation of landlords to provide the
information required herein.
[Ord. No. 334, 3/8/2010]
Any landlord violating any of the provisions of this Part 1A
or who furnishes false information to the Borough or who uses a false
name or address in any report required by this Part, upon conviction
thereof before any magisterial district judge, shall be sentenced,
to, pay a fine of not more than $1,000 plus costs and, in default
of payment of said fine and costs, to a term of imprisonment not to
exceed 30 days. Each day that a violation of this Part continues shall
constitute a separate offense.
[Ord. No. 334, 3/8/2010]
This Part 1B shall be known as the "Residential Rental Unit
Registration and Inspection Law."
[Ord. No. 334, 3/8/2010]
As used in this Part 1B, the following words shall have the
following meanings, unless the context clearly indicates otherwise:
AGENT
Any person, corporation, copartnership, association or fiduciary
who or which, for monetary consideration, aids in the rental of property
as defined herein. When used in Part 1B in a clause proscribing any
activity or imposing a penalty, the term, as applied to partnerships
and associations, shall mean each partner and, as applied to corporations,
the officers thereof.
CODES
The International Property Maintenance Code, 2006 Edition, Chapters 3 through
8 (attached hereto), as published by the International Code Council, as amended from time to time.
OWNER
Any person, agent, operator, firm, corporation, partnership,
association, property management group, housing authority or fiduciary
having legal, equitable or other interest in any real property, or
recorded in the official records of the state, county or municipality
as holding title to the property; or otherwise having control of the
property, including the guardian of the estate of any such person
and the executor or administrator of such person's estate. When
used in this Part 1B in a clause proscribing any activity or imposing
a penalty, the term, as applied to partnerships and associations,
shall mean each partner and, as applied to corporation, the officers
thereof.
[Ord. No. 334, 3/8/2010]
No residential rental unit shall be occupied by other than the
owner thereof unless a registration license has been obtained and
a certificate of compliance, as required by the provisions of this
Part 1B, is displayed at the structure in which the residential rental
unit is located.
[Ord. No. 334, 3/8/2010]
If the inspection of the residential rental unit disclosed no
codes violations, the Borough designee shall issue a certificate of
compliance to the owner within 14 days of the inspection.
[Ord. No. 334, 3/8/2010]
Upon application for a certificate of compliance and the payment to the Borough of a fee in an amount as established from time to time by resolution of Borough Council, the Borough designee shall review the pertinent Borough records and inspect the subject premises in accordance with §
11-116 of this Part 1B. All inspection fees shall be paid prior to the inspection regardless of the number of units. Failure to pay inspection fees shall be deemed a failure and/or refusal to comply with the provisions contained herein, and will be subject to the penalty contained in §
11-114 of this Part 1B.
[Ord. No. 334, 3/8/2010]
In Section 302.4 of the General Requirements of the Code, the
height of weeds and plant growth shall not exceed six inches.
[Ord. No. 334, 3/8/2010]
The issuance of a certificate of compliance is not a representation
by the borough that the residential rental unit and/or building in
which it is located is in compliance with the fire prevention, building,
mechanical, property maintenance, electrical or plumbing codes. The
issuance of a certificate of compliance indicates that the residential
rental unit did not have any obvious and visible dangerous conditions
as of the date of the inspection. However, neither the enactment of
this Part 1B nor the issuance of a certificate of compliance shall
impose any liability upon the Borough for any errors or omissions
which resulted in the issuance of such certificate, nor shall the
Borough bear any liability not otherwise imposed by law.
[Ord. No. 334, 3/8/2010]
The owner of a residential rental unit aggrieved by a decision
of the Borough designee may, within 30 days or the time fixed for
repair, whichever is shorter, appeal the decision to the Elizabethville
Borough Council.
[Ord. No. 334, 3/8/2010]
Nothing in this Part 1B shall preclude or prohibit the Borough
designee from identifying any violations of the fire prevention, building,
mechanical, property maintenance, electrical or plumbing codes which
exist and noting the same on any inspection report.
[Ord. No. 334, 3/8/2010]
Appropriate Borough officials are authorized and directed to
take such actions as are necessary to effectuate this Part 1B.