[HISTORY: Adopted by the Borough Council of the Borough of
Northampton as indicated in article histories. Amendments noted where
applicable.]
[Adopted 9-20-2018 by Ord. No. 1207]
The purpose of this article shall be to protect and promote
the public health, safety and welfare of the Borough's citizens
and tenants, while at the same time encouraging owners and tenants
to maintain and improve the quality of rental housing within the community.
As a means to those ends, this article establishes a program requiring
the registration, inspection and licensing of all residential rental
housing units within the Borough as defined in this article. It is
also the policy of the Borough of Northampton that owners and tenants
share the responsibility of obeying the various codes adopted to protect
and promote public health, safety and welfare within the Borough.
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 unless a different meaning clearly appears from
the context within which the term is used:
The Borough of Northampton and/or any duly authorized agent(s)
or representative(s) of the Borough of Northampton.
Any federal, state or local law, code or ordinance adopted
or in effect in and for the Borough of Northampton, as amended from
time to time.
The officer, individual or firm appointed by the Borough
who is charged with administration of this article or any duly authorized
agent(s) or representative(s) of the Borough of Northampton or any
said officer, individual, representative or firm of such agent or
representative.
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,
or 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.
The following types of properties shall be considered "exempt
units":
A.
Any hospital, nursing home, group home or other rental unit used
for human habitation which offers or provides medical or nursing services,
and wherein all operations of such facility are subject to county,
state or federal licensing or regulations concerning the health and
safety of the users, patients or tenants.
B.
Hotel units, as defined herein.
C.
HOTEL UNIT
OWNER
PROPERTY MANAGER OR AGENT
RESIDENTIAL RENTAL REGISTRATION
RESIDENTIAL RENTAL UNIT
(1)
(2)
RESIDENTIAL RENTAL UNIT LICENSE
ROOMING HOUSE
TENANT/OCCUPANT
On-campus dormitories, fraternity houses and sorority houses, as
defined in the Borough's Zoning Ordinance.[1]
Any room or group of rooms located within a hotel, motel,
bed-and-breakfast, forming a single habitable unit used or intended
to be used for living and sleeping only on a transient basis for a
period of less than 14 days. The hotel unit must be registered with
Northampton County.
Any legal or beneficial holder of title to a residential
unit. This shall include any person or legal entity having an equitable
interest in a rental dwelling; or recorded in the official records
of the County or Borough as holding title to the rental dwelling;
or otherwise having control of the rental dwelling, including the
guardian of the estate of any such person and the executor or administrator
of the estate; or any such person if ordered to take possession of
a rental dwelling by a court.
An adult individual designated and authorized by the owner
of a residential rental unit to act on his/her or its behalf.
A document prepared by the Borough of Northampton to the
owner, required for lawful rental and occupancy of residential rental
units under this article.
Any residential unit providing independent living spaces
for one or more persons, including permanent provisions for living,
sleeping, eating, cooking, and sanitation which is occupied by a person
other than the owner and pays rent to stay in the unit. In addition
to exempt units identified above, the following shall not be considered
regulated rental units for the purposes of this article:
Owner-occupied dwelling units, provided that not more than two
unrelated individuals, in addition to the owner and his/her relatives,
occupy the dwelling unit at any given time.
One dwelling unit that is on the same lot as a second dwelling
unit, provided the two dwellings are only occupied by the owner and
persons who are "related" to the owner.
A document issued by the Borough of Northampton to the owner(s)
of residential unit(s) evidencing the existence of said residential
rental unit upon application by the owner to the Borough of Northampton
and the passing of the requisite inspection(s).
Any dwelling, or that part of any dwelling, containing three
or more rooming units.
Any person or number of persons, corporation, partnership
or other entity who rents, occupies or leases a residential rental
unit they do not own for more than 30 consecutive days.
The Borough Code Enforcement Officer and/or such other qualified
individual(s) appointed by the Borough Council shall administer this
article in accordance with its terms and shall be responsible for
instituting enforcement proceedings on behalf of the Borough. All
references to the Borough Code Enforcement Officer shall include any
individual appointed by Borough Council.
The following process shall be utilized in administering this
article:
A.
All residential rental unit owners are required to submit a separate
residential rental unit registration application for each rental unit.
B.
After receipt of the residential rental unit registration application,
the Code Enforcement Officer will schedule an inspection of each residential
rental unit.
C.
If the residential unit inspection is satisfactory, the Borough shall
issue a residential unit license for the rental unit. If there are
any infractions identified during the inspection, the Code Enforcement
Officer will provide a time line to correct all infractions before
issuing a license.
A.
The following rental unit registration submission process shall be
used for the registration of all rental unit(s) and for any subsequent
transfer of ownership and/or the establishment any new rental unit
established after the adoption of this article.
(1)
Within 60 days of article adoption, each owner and/or, if applicable,
the manager of each residential rental unit shall submit to the Borough
a fully completed residential rental registration application for
each rental unit, along with the applicable registration fee. The
registration shall be valid for one year. The Borough shall not process
any registration application without the required fee.
(2)
Thereafter, by December 31 of each calendar year, the owner and/or,
if applicable, the manager of each residential rental unit shall submit
the application form to the Borough which shall be valid from January
1 to December 31 of the following year. A rental registration form
must be submitted for each residential rental unit annually along
with the applicable registration fee.
(3)
After the effective date of this article, any person who becomes an owner of any parcel of real estate or any improvement on real estate or a building located in the Borough defined as a residential rental unit by agreement of sale, deed, or by any other means, shall, within 60 days thereafter, report to the Borough the information consistent with the registration applications procedure as defined in Subsection A(1) and (2) above.
B.
Report of change in occupancy.
(1)
After the effective date of this article, each and every owner of
a residential rental unit within the Borough shall report to the Borough,
within 10 days, any change in the use or occupancy of any residential
rental unit owned by such owner of any residential rental unit located
on property owned by any owner within the Borough.
(3)
In the event that a residential rental unit was used or utilized
by a tenant(s) and then becomes vacant for a period of six months,
this change shall also be reported to the Borough.
A.
Inspection requirement.
(1)
Following registration by the owner, the Borough shall schedule an
inspection of the residential rental unit in accordance with a systematic
inspection program to be prepared by the Code Enforcement Officer
and made available upon request. Such program shall ensure that the
owner is given reasonable notice in advance of the date for which
the inspection is scheduled. The penalty for not allowing an inspection
shall be denial of the residential rental license and any other penalty
provided for in this article.
(2)
The Code Enforcement Officer will conduct an initial inspection on
all residential rental units with subsequent inspections taking place
every four years, and/or upon a change in the occupant of a residential
rental unit, whichever shall occur first. For newly constructed rental
units, the initial inspection will not be required but will be substituted
with the inspection(s) conducted under the new construction building
codes. All subsequent inspections will occur every four years following
the first occupancy and/or a change in the occupancy, whichever shall
occur first. The Code Enforcement Officer may also inspect residential
rental units upon receipt of complaints and for any other reasonable
cause.
(3)
If the Code Enforcement Officer finds the residential rental unit(s)
is/are in compliance with all applicable codes and any other article
requirements, the Code Enforcement Officer shall issue a license.
(4)
Once a license has been issued for a residential rental unit, the
license shall remain effective until such time as an inspection by
the Code Enforcement Officer results in its revocation or nonrenewal,
provided that the owner submits all required documentation and fees
necessary to renew the license.
(5)
If the Code Enforcement Officer, upon completion of the inspection,
finds that the residential rental unit(s) is/are not in compliance
with all applicable codes, the Code Enforcement Officer shall issue
notices and, if appropriate, commence enforcement actions under the
procedures set forth in the Ordinance.
(6)
By conducting the inspections pursuant to this article, the Borough
does not warrant or guarantee the complete safety or suitability of
the residential rental unit. The Borough, through any action or inaction
pursuant to this article, does not make any representation, warrantees
or guarantees.
B.
License requirement and issuance.
(1)
A residential rental license is required for all occupied residential
rental unit(s) and the license is required to be in possession of
the owner or manager for each regulated rental unit. For a rooming
house, a single license is allowed for all units within a Rooming
House building.
(2)
The Borough shall issue a residential rental registration number
if the owner has submitted a completed annual residential rental unit
registration form, pays the applicable registration fee, submits a
completed and accurate occupant listing for the residential rental
units by December 31 of each year, is current on real estate taxes,
sewer fees, water fees and trash collection fees for the residential
rental unit and has successfully passed an inspection defined in this
article.
(3)
The Code Enforcement Officer may deny and/or revoke a residential
rental registration if any of the following occur within the residential
rental unit or on the premises:
(a)
Failure upon inspection to abate any violation of this article
or any Code violation noted in the rental housing inspection form
within the time specified in the notice of violation unless an appeal
is pending.
(b)
Occurrence of three violations of this article and/or of any
other Borough Codes or ordinances that apply to the residential rental
unit or premises during the term of the registration. Before an occurrence
may be considered a violation, there must be either:
(4)
The owner(s) of the premise where a residential rental unit is located
is/are responsible, jointly and severally, for filing a registration
application to the Borough for each rental unit, which registration
application must comply with all the requirements, established pursuant
to this article, and any applicable regulation for such applications.
C.
Certificate of compliance required.
(1)
No license shall be issued in accordance with this article, unless
a certificate of compliance with this article has been issued by the
Code Enforcement Officer. Issuance of a certificate of compliance
shall represent compliance with the inspection requirements of this
article but shall not denote compliance, approval, certification,
or confirmation with any other applicable part, chapter, other code,
ordinance or statute. A certificate of compliance shall be valid until
there is a change in the occupant of the residential rental unit.
Every certificate of compliance shall be displayed in a conspicuous
place in the interior of the residential rental unit.
(2)
No residential unit shall be occupied by any person or persons other
than the owner thereof, unless a certificate of compliance is kept
on file by the owner or designated agent as required by the provisions
of this article.
A.
If the Code Enforcement Officer finds violations warranting condemnation
of the residential rental unit under the Property Maintenance Code,
the Code Enforcement Officer may condemn the property. The Code Enforcement
Officer shall have all the rights under the Borough Code and applicable
law, as well as the remedies under the Property Maintenance Code.
B.
In addition, the Code Enforcement Officer may proceed under this
article as follows:
(1)
Within 20 days after receipt of a notice of violation, the owner
shall take immediate steps to remedy the violation, including filing
with the Code Enforcement Officer a report on a form acceptable to
the Borough, 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. The failure
to file a report shall be a violation of this article.
(2)
The Code Enforcement Officer shall review the report. If adequate
steps have been taken and the plan is adequate to address future violations,
the officer shall approve the plan. The owner shall, on his or her
initiative, enforce the plan, and failure to do so shall be a violation
of this article.
(3)
The inspection fee will include one courtesy reinspection and will
be set by Borough Council.
C.
The Borough may make repairs. In the event the owner of the premises
shall neglect, fail or refuse to comply with any notice from the Borough
or its Code Enforcement Officer to correct a violation of the premises
under any code in effect in the Borough within the period of time
stated in such notice, the Borough may cause the violation to be corrected
after providing sufficient notifications to the owner.
(1)
In the event the Borough must make repairs, 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, plus attorney's fees and court costs, as applicable,
and the owner of the premises shall be billed after the correction
has been completed.
(2)
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.
(a)
Such lien may be reduced to judgment and enforced and collected
as provided by law, together with interest at the legal rate, court
costs, and applicable attorney's fees.
(b)
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 or applicable codes, ordinances or statutes,
including, where appropriate, condemnation proceedings or declaration
of premises as unfit for habitation.
D.
Denial, revocation, reinstatement of license.
(1)
If there is an inspection by the Code Enforcement Officer and, as
a result of which, the Code Enforcement Officer has determined that
the license should not be granted, should be revoked, or should not
be renewed, due to any condition(s) that does/do not comply with applicable
regulations, the Code Enforcement Officer shall issue, to the owner,
a written notice of denial, revocation, or nonrenewal, identifying
the noncompliant condition(s) and ordering that compliance be achieved
in a timely manner.
(2)
The notice shall:
(a)
Identify the residential rental unit;
(b)
State the grounds for the denial, nonrenewal or revocation,
including the factual circumstances and the section of this article
supporting such determination; and
(c)
Inform the owner of the right to appeal the denial, nonrenewal
or revocation of the residential rental license to Borough Council
under this article.
(3)
The Code Enforcement Officer may issue and/or reinstate a residential
rental license at any time if the owner or manager corrects the reason
for the denial, nonrenewal, or revocation of the residential rental
license, has paid the proper fees and is otherwise in compliance with
this article and all other applicable rules, regulations, ordinances
and laws.
E.
Appeals. An appeal from any decision of the Code Enforcement Officer
shall be taken to the Borough Manager or his agent. Such appeal shall
be made, in writing, within 10 days after such decision has been made.
The appeal shall be verified by an affidavit, stating the grounds
therefor, and be filed with the Borough Manager. The appellant and/or
his representative shall have the right to appear and be heard, if
such right is requested in the written appeal. The Borough Manager
shall make a decision on such appeal within 10 days of receipt of
appeal or of the hearing, if applicable. The Borough Manager shall
render a written decision, copies of which shall be provided to the
Code Enforcement Officer and the appellant. If the owner is aggrieved
by the decision of the Borough Manager, the owner shall have the right
to appeal the decision to Borough Council or the Court of Common Pleas
in accordance with the Local Agency Law[1] and Judicial Code,[2] and the decision shall so advise the owner.
F.
Violations and penalties.
(1)
Violations. It shall be a violation of this article 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 article.
(b)
To refuse to permit inspections required for a residential rental
unit.
(c)
To fail to perform the duties established if such person is
an owner or a manager of a residential rental unit.
(d)
To fail to perform the duties established if such person is
an occupant or tenant of a residential rental unit.
(e)
To place false information on or omit relevant information from
an application for a residential rental unit registration or license.
(f)
To fail to comply with any other provision of this Part of this
article.
(g)
To fail to comply with the direction of the Code Enforcement
Officer who has issued a notice of violation or initiated enforcement
proceedings as specified in this article.
(2)
Penalties and remedies.
(a)
Allowing occupancy of a residential rental unit after a residential
rental license has been denied, revoked, or not renewed: a fine of
not less than $500 and up to $1,000 per residential rental unit for
each month the violation exists. Each month the violation exists constitutes
a separate violation.
(b)
Failure to submit a residential rental unit registration form:
a fine of not less than $500 and up to $1,000 per residential rental
unit for each month the violation exists. Each month the violation
exists constitutes a separate violation.
(c)
Failure to seek a residential rental license. The owner or manager
shall be sent a thirty-day notice of violation, warning them of their
failure to comply with the terms of this article. If they do not comply
at the end of 30 days, there shall be a fine of not less than $500
and up to $1,000 per residential rental unit for each month the violation
exists. Each month the violation exists constitutes a separate violation.
(d)
Any other violation of this article shall, upon a first offense,
be fined not more than $1,000.
(e)
In addition to prosecution of persons violating this article,
the Code Enforcement Officer, or any duly authorized agent of the
Borough, may take any such civil, equitable or other remedies in any
court of record of the Commonwealth of Pennsylvania against any person
or property, real or personal, to affect the provisions of this article.
(f)
The provisions of this section and the provisions of this article
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 this article are not intended to supplant
or replace, to any degree, the remedies provided to the Borough in
the Property Maintenance Code,[3] Zoning Ordinance[4] or any other code, law, rule or regulation.
A.
General. It shall be the duty of every owner to keep and maintain
all rental units in compliance with all applicable federal or state
laws and regulations and local ordinances and to keep such property
in good and safe condition. 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,
in any way, as diminishing or relieving 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 or civil or criminal enforcement proceeding; 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.
This article is not intended to, nor shall its effect be, to limit
any other enforcement remedies which may be available to the Borough
against an owner, occupant or guest thereof.
B.
Designation of Manager. Every owner who is not a full-time resident
of the Borough, and/or who does not live within 30 miles of the boundaries
of the Borough, shall designate a manager, who shall reside in an
area that is no more than 20 miles from the Borough boundary line.
(1)
If the owner is a corporation, a manager shall be required if an
officer of the corporation does not reside within the above-referenced
area. The officer, in the event that he/she lives within the above-mentioned
area requirement, shall perform the same function as a manager.
(2)
If the owner is a partnership, a manager shall be required if a partner
does not reside within the above-referenced area. The partner, in
the event that he/she lives within the above-mentioned area requirement,
shall perform the same function as a manager.
(3)
The manager 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.
(4)
The identity, address and telephone number(s) of a person who is
designated as a manager hereunder shall be provided by the owner or
manager to the Borough, and such information shall be kept current
and updated as it changes as designated in this article.
C.
D.
Maintenance of premises.
(1)
The owner shall maintain the premises in compliance with the applicable
codes of the Borough and shall regularly perform all routine maintenance,
including ice and snow removal, and shall promptly make any and all
repairs necessary to fulfill this obligation.
(2)
In no case shall the existence of any agreement between owner and
occupant relieve an owner of any responsibility under this article
or other ordinances or codes for maintenance of the premises.
Tenants shall comply with all applicable codes and ordinances
of the Borough.
A.
Inspection of premises. Tenants shall permit inspections of any premises
by the Code Enforcement Officer at reasonable times upon reasonable
notice. The Code Enforcement Officer may inspect premises with an
owner's approval at a reasonable time.
B.
Disruptive conduct. Tenants shall not engage in, shall not tolerate,
nor shall permit others on the premises to engage in disruptive conduct
or other violations of this article.
C.
Health and safety regulations.
(1)
The maximum number of persons permitted in any rental unit at any
time shall not exceed one person for each 40 square feet of habitable
bedroom floor space in said rental unit.
(2)
A tenant 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 and shall separate and place for collection
all recyclable materials in compliance with all other applicable ordinances,
laws and regulations.
D.
Residential use. A tenant 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.
The fees necessary to administer all provisions of this article
shall be set by the Borough Council from time to time by resolution.
If any section, clause, provision or portion of this article
shall be held invalid or unconstitutional by a court of competent
jurisdiction, such decision shall not affect any other section, clause,
provision or portion of this article, so long as it remains workable
minus the invalid portion.
All existing ordinances of the Borough of Northampton, or parts
thereof, which are inconsistent with the provisions of this article
are hereby repealed.
This article shall take effect immediately upon its enactment
and as otherwise provided by law.
