[Ord. 73-2006, passed 12-20-2006]
(a)
The purpose of this article and the resulting policy of the City
of Erie (hereinafter "City") 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 City and to encourage owners and occupants to maintain
and improve the quality of rental housing within the community. As
a means to these ends, this article provides for a systematic inspection
program, registration and licensing of residential rental units, and
penalties.
(b)
In considering the adoption of this article, the City makes the following
findings:
(1)
There is a growing concern in the community with the general
decline in the physical condition of residential rental units;
(2)
City 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;
(3)
City records indicate there are a greater number of disturbances
at residential rental units than all other properties combined; and
(4)
City records indicate that violations of the various codes are
generally less severe at owner-occupied units as compared to residential
rental units.
[Ord. 73-2006, passed 12-20-2006; Ord. 33-2009, passed 6-17-2009]
For the purposes of this article, the following definitions
shall apply:
The official designated by the City to enforce building and/or
similar laws and this article, or his duly authorized representative.
Any state or local code or ordinance adopted, enacted or
in effect in and for the City of Erie relating to or concerning the
fitness for habitation, construction, maintenance, operation, use
or appearance of any premises or dwelling unit.
Means that a rental unit may be occupied on a conditional
basis, provided that certain requirements established by the Code
Official are addressed within a specified time frame.
Any building or portion thereof which is designed for or
used for residential purposes. The word "dwelling" shall not include
hotels, motels, or rooming houses, but shall include short-term rentals
and dwelling units under a written or unwritten lease agreement.
[Amended by Ord. No. 25-2023, passed 5-17-2023]
To permit possession or occupancy of a dwelling, dwelling
unit, rooming unit, building or structure by a person who is a legal
or equitable owner or not be the legal owner of record thereof, pursuant
to a written or unwritten agreement.
Any person who has charge, care or control of a structure
or premises, which are let or offered for occupancy.
The owner or owners of the freehold of the premises or lesser
estate therein, a mortgage or vendee in possessions, assignee of rents,
receiver, executor, trustee, lessee or other person, firm or corporation
in control of a building or of premises, or their duly authorized
agents.
An individual, firm, corporation, association, partnership
or public entity.
The Inspector of the Office of Code Enforcement or his authorized
representatives.
A document issued by the City of Erie Code Enforcement Office
to the owner, operator, responsible agent or manager of a residential
rental unit upon correction of all applicable code violations granting
permission to operate a residential rental unit in the City of Erie.
Such license is required for lawful rental and occupancy of residential
rental units under this article, unless a public officer has not inspected
the unit or violations of the applicable codes are being corrected
and the unit operates under a residential rental registration, or
the residential rental unit is exempt from the license provisions
of this article.
A property used or intended to be used for residential purposes.
The annual registration of all individual residential rental
units within the City of Erie, certified by a document issued to the
applicant therefor.
A rooming unit or a dwelling unit let for rent, or a residential
unit occupied by persons other than the owner and his or her immediate
family members, which includes the owner's parents, parents-in-law,
or adult children. A residential rental unit shall not include a hotel
unit.
A person authorized by the owner to act in his behalf. All
responsible agents must reside in Erie County, Pennsylvania.
Any dwelling unit or room(s) within a dwelling unit owned
or managed by a person, firm or corporation which is rented on a transient
basis (for a period of less than 30 consecutive days), during which
the owner or manager may or may not be present on a full-time basis.
[Added by Ord. No. 25-2023, passed 5-17-2023]
Is whenever the Code Official applying the relevant code
finds that such structure is unsafe, unlawful or because of the degree
to which the structure is in disrepair or lacks maintenance, is unsanitary,
vermin or rat infested, contains filth and contamination, or lacks
ventilation, illumination, sanitary or heating facilities or other
essential equipment required by the relevant code or because the location
of the structure constitutes a hazard to the occupants of the structure
or to the public.
Any individual residing or stopping in the City of Erie for
less than 30 days at any one time.
One that is found to be dangerous to the life, health, property
or safety of the public or the occupants of the structure by not providing
minimum safeguards to protect or warn occupants in the event of fire,
or because such structure contains unsafe equipment or is so damaged,
decayed, dilapidated, structurally unsafe or of such faulty construction
or unstable foundation that partial or complete collapse is possible.
Any boiler, heating equipment, elevator, moving stairway,
electrical wiring or device, flammable liquid container or other equipment
on the premises or within the structure which is in such disrepair
or condition that such equipment is a hazard to life, health, property
or safety of the public or occupants of the premises or structure.
[Ord. 73-2006, passed 12-20-2006; Ord. 16-2014, passed 4-2-2014]
(a)
It shall be unlawful for any person, firm or corporation to operate,
let or rent to another for occupancy any residential rental unit in
the City of Erie, unless a residential rental registration has been
issued by the Code Official.
(b)
Registration required for rental units.
(1)
By December 31 of each calendar year the owner, operator, responsible
agent or manager of each short-term rental shall continue to apply
for a residential rental registration.
[Amended by Ord. No. 25-2023, passed 5-17-2023]
(2)
A residential rental registration shall be issued if the owner
or operator of the residential rental unit provides the name of a
responsible agent (if applicable), pays the registration fee and pays
all delinquent residential refuse fees associated with the rental
units. No residential rental unit registration shall be issued until
all delinquent residential refuse fees associated with each unit are
paid and accounts kept up to date.
(3)
This registration does not warrant the habitability, safety
or condition of the residential rental unit in any way.
(c)
Sale, transfer or construction of residential rental units. A residential rental registration shall not be transferred. In the case of registered residential rental units that are sold, transferred or constructed the new owner shall seek a rental registration for each residential rental unit purchased or acquired. Failure of the new owner to seek a new rental registration for each unit within 60 days of the date of sale or transfer of ownership shall result in proceedings per Section 330.99.
[Ord. 73-2006, passed 12-20-2006; Ord. 33-2009, passed 6-17-2009; Ord. 16-2014, passed 4-2-2014; Ord. 16-2018, passed 5-16-2018]
It shall be unlawful for any person to operate, let or rent
to another for occupancy any residential rental unit in the City of
Erie, unless a rental license has been issued by the Code official.
(a)
Licensing required for rental units.
(1)
The application for the license shall be in a form as shall
be determined by the Code Official.
(2)
Short-term rentals shall have a one-year term and shall be inspected
annually. All other residential rental licenses shall have a two-year
term and each residential rental unit is required to have a minimum
of one inspection every two years. Inspection schedules shall be divided
by wards.
[Amended by Ord. No. 25-2023, passed 5-17-2023]
(3)
After the initial inspection, if the rental premises complies
with the relevant code provisions and the proper fee has been paid,
the Code Official shall issue to the applicant a residential rental
license.
(4)
If the rental premises fails to comply with the provisions of
any applicable code, the Code Official shall notify the applicant
in writing of the deficiencies within 10 days of the inspection. The
owner/operator shall be given 30 days from the date of the notice
to schedule a second inspection. If an inspection has not been scheduled
within the given time frame, the license shall not be issued.
(5)
If a Code Official is required to make additional inspections
beyond those in Subsection (a)(4) hereof, then those inspections shall
be performed for $65 per inspection. However, in no event shall the
inspection process exceed 120 days from the date of initial inspection.
(6)
When a person obtains a license for a premises, which thereafter
become noncompliant with the relevant codes, and fails to remedy the
violation or violations within the time frames specified within the
code or codes, then the license shall be revoked and occupancy in
the unit shall not exceed 120 days from the date of revocation.
(7)
Flats and duplexes occupied by the owner shall not be subject to the annual fee and will not be inspected providing that the building is registered annually, the owner provides proof of occupancy, and the owner signs a certification form provided by the City affirming that the other unit is not occupied and will not be occupied. If at any time the owner chooses to allow occupancy of the other unit, all provisions of Section 330.04 shall apply, including payments of fees and inspection. The City reserves the right to verify that the other unit is vacant.
(8)
For buildings under construction or rehabilitation that have
obtained a building permit to perform approved construction, the fee
and inspection requirements will be suspended until the building permit
is closed by the Code Official or the building permit expires. The
units must be registered to meet this exemption.
(9)
No residential rental license shall be issued or renewed until
all delinquent residential refuse fees associated with each unit are
paid and accounts kept up to date.
(10)
If the rental premises complies with the relevant code provisions
and passes two consecutive inspections unconditionally over a four
year period and the proper fee has been paid, the rental units will
be eligible to be inspected only once over the next four years. If
a rental unit fails to comply with the provisions of any applicable
code during that four-year time period, it will be required to comply
with the provisions of the code and will revert back to having one
inspection every two years. If the rental unit complies with the provisions
of the applicable codes during that four-year time period, it will
be eligible to have only one inspection over the next four years.
Note: The provisions of this subsection shall not apply to short-term
rentals. All short-term rentals shall be licensed and inspected annually.
[Amended by Ord. No. 25-2023, passed 5-17-2023]
(b)
Signature to license.
(1)
The Code Official or his designee shall affix his signature
to every license.
(c)
Display and use. Proof of the residential rental registration and
license shall be presented to a Code Official or a tenant on demand
for inspection.
[Ord. 73-2006, passed 12-20-2006; Ord. 33-2009, passed 6-17-2009]
The registration and licensing provisions of this article shall
not apply to:
(a)
All property owned by the Housing Authority of the City of Erie which
is inspected by a third party certified inspector in conformance with
United States Department of Housing and Urban Development requirements
shall be exempt. The Building Code Official shall be given a copy
of the inspection results for each unit.
(b)
Hospitals, nursing homes, group homes or other rental units used
for habitation, where such facilities are subject to county, state,
or federal licensing and inspection. Inspections of these facilities
must be at a level which meets or exceeds the code.
(c)
Any unit or structure which is issued a rooming house permit by the
City of Erie.
(d)
Single family dwellings where a parent, parent-in-law or adult child
of the owner remains in occupancy and no net income is earned by the
owner. However, this exemption shall not apply where the dwelling
is not occupied by the owner and the dwelling becomes subject to code
violations, which remain uncorrected beyond the time frames specified
in the code.
[Ord. 33-2009, passed 6-17-2009]
Property condition appeals. Any person aggrieved by any decision
of a Building Code Official or public officer submit an appeal to
the Building Code Official for a review by the Blighted Property Review
Committee/Property Maintenance Appeals Board, who shall issue a decision
in writing setting forth specific facts and legal conclusions; and
may appeal subsequently under Local Agency Law to the Court of Common
Pleas of Erie County.
[Ord. 73-2006, passed 12-20-2006]
(a)
The Office of Code Enforcement is authorized to promulgate rules
and regulations for the enforcement and interpretation of this article.
(b)
The rules and regulations shall be on file at the Department of Code
Enforcement and at the City Clerk's office, and shall be provided
to each applicant for registration and license upon a request for
an application.
[Ord. 73-2006, passed 12-20-2006]
The provisions of this article are declared to be severable;
and if any section, sentence, clause or phrase of this article shall
for any reason be held to be invalid or unconstitutional, such decision
shall not affect the validity of the remaining sections, sentences,
clauses and phrases of this article but they shall remain in effect,
it being the legislative intent that this article shall stand notwithstanding
the invalidity of any part.
[Ord. 16-2018, passed 5-16-2018; Ord. No. 25-2023, passed 5-17-2023]
(a)
|
Payment Date
|
Short-Term Rental
|
Other Residential Rental
|
|---|---|---|
|
On or before May 15
|
$80
|
$40
|
|
May 16 to June 30
|
$130
|
$65
|
|
After June 30
|
$160
|
$80
|
|
Additional inspection fee
|
$65 per inspection
|
$65 per inspection
|
(b)
If the rental unit meets the requirements described in Section 330.04(a)(10) and is eligible to be inspected only once over the next four years, it shall follow the fee schedule below for that four-year period.
|
On or before May 15
|
$30
|
|
May 16 to June 30
|
$55
|
|
After June 30
|
$70
|
|
Additional inspection fee
|
$100 per inspection
|
Note: The provisions of this subsection shall not apply to short-term
rentals. All short-term rentals shall be licensed and inspected annually.
[Ord. 73-2006, passed 12-20-2006]
The terms and provisions of this article are not intended to
bar, preclude or affect the right of the owner to pursue judicial
or extrajudicial relief against a tenant.
[Ord. 73-2006, passed 12-20-2006]
(a)
Minimum coverage: use of insurance proceeds. Short-term rental owners
shall be required to obtain a minimum of $500,000 in general liability,
hazard and casualty insurance per rental unit. All other owners shall
be required to obtain a minimum of $150,000 in general liability,
hazard and casualty insurance per rental unit. The proceeds of any
policy of insurance shall be utilized consistent with the Uniform
Construction Code, Article 1503.21(11)D (Fire Escrow Fund).
[Amended by Ord. No. 25-2023, passed 5-17-2023]
(b)
Property owners to provide City with insurance information. Owners
shall be required to place their insurance company name, policy number
and policy expiration date on their rental registration form, or in
the alternative, to provide the code enforcement officer with a copy
of a certificate of insurance. A registration certificate shall not
be issued unless insurance information is provided to the code enforcement
office.[1]
[1]
Editor's Note: Former Section 330.12, Sunset provision, added
by Ord. No. 8-2013, passed 2-6-2013, and amended by Ord. No. 34-2016, passed 12-21-2016, which section immediately
followed this section, was repealed by Ord. No. 15-2021, passed 3-17-2021.
[Ord. 73-2006, passed 12-20-2006]
Violation of this article is a summary offense, with particular
penalties upon conviction as follows:
(a)
Revocation of or failure to renew a residential rental license. A
fine of not less than $1,000 per residential rental unit for each
month the violation exists. Each month the violation exists constitutes
a separate violation. A fine shall not be sought for any period during
which the residential rental unit is vacant and the owner, operator,
responsible agent or manager is taking appropriate action to correct
the violations.
[Amended by Ord. No. 25-2023, passed 5-17-2023]
(b)
Failure to register, or failure to seek a residential rental license
(for newly constructed, newly created or substantially rehabilitated
residential rental units). The owner, responsible agent or manager
shall be sent a thirty-day notice of violation, warning of the failure
to comply with the terms of this article. Failure to comply at the
end of 30 days will result in a fine of not less than $1,000 per residential
rental unit for each month the violation exists. Each month the violation
exists constitutes a separate violation.
[Amended by Ord. No. 25-2023, passed 5-17-2023]
(c)
Whoever violates any other provision of this article shall, upon
a first offense conviction, be fined not more than $1,000 nor less
than $100 or imprisoned not more than 90 days, or both.
(d)
After conviction for violation of this article, if such person continues
violating the same provision then such person shall be liable for
further prosecution, conviction, and punishment without the issuance
of a new notice of violation or order.
(e)
In addition to prosecution of persons violating this Code, the public
officer, or the Erie City Solicitor's Office or any duly authorized
agent of the City may seek 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 this article.
