[Adopted 11-20-2013 by Ord. No. 929]
The Borough of Baden recognizes the need for an inspection and
registration program for residential rental units located within the
Borough in order to ensure rental units meet all applicable building,
existing structures, fire, health, safety, and zoning codes and to
provide an efficient system for compelling both absentee and local
landlords to correct violations and maintain, in proper condition,
rental property within the Borough. The Borough recognizes that the
most-efficient system is the creation of a program requiring the inspection
and registration of residential rental units within the Borough as
defined in this article, so that an inventory of rental properties
and a verification of compliance can be made by Borough officials.
As used in this article, the following terms and words shall
have the following meanings, unless the context clearly indicates
that a different meaning is intended:
BOROUGH
The Borough of Baden, its Secretary and his/her designees
and the public safety and code enforcement officers of the Borough.
DWELLING UNIT
A building, or portion thereof, designed for occupancy for
residential purposes and having cooking facilities and sanitary facilities.
LANDLORD
Any person who owns or controls a dwelling, dwelling unit,
or rental unit and rents such unit, either personally or through a
designated agent, to any person.
OWNER
The legal title holder of a rental unit or the premises within
which the rental unit is situated.
OWNER-OCCUPIED RENTAL UNIT
A rental unit that is occupied in whole or in part by an
individual whose name specifically appears on the deed for the property
where the rental unit is located.
PERSON
Any natural individual, firm, partnership, association, joint-stock
company, joint venture, public or private corporation or receiver,
executor, personal representative, trust, trustee, conservator or
other representative appointed by order of any court.
PREMISES
A lot, plot, or parcel of land, including the buildings or
structures thereon, which also includes dwelling units and dwellings.
RENTAL UNIT
Any dwelling unit or residential structure containing sleeping
units, including, but not limited to, hotels, motels, bed-and-breakfast
establishments, boardinghouses, or sleeping rooms, which is leased
or rented from the owner or other person in control of such unit to
any tenant, whether by day, week, month, year, or any other term.
Hotels, motels and bed-and-breakfast establishments shall be exempt
from this article.
RESPONSIBLE LOCAL AGENT
A natural person having his or her place of residence in
the State of Pennsylvania and/or a professional, licensed real estate
management firm with an office located in the State of Pennsylvania
which has been granted legal authority by the property owner in accordance
with the laws of the commonwealth as the agent responsible for operating
such property in compliance with the ordinances adopted by the Borough.
TENANT
Any individual who has the temporary use and occupation of
real property owned by another person in subordination to that other
person's title and with that other person's consent; for
example, a person who rents or leases a dwelling, dwelling unit, or
rental unit from a landlord.
No person shall lease, rent, occupy, or otherwise allow a rental
unit within the Borough to be occupied without first obtaining a rental
permit from the license officer.
A. A permit can be acquired after the owner of the rental unit shall have registered the rental unit with the Borough by fully completing and filing a current registration form either on-line or in paper form with the Borough, as provided in §
144-4 of this article.
B. A permit will be denied unless all of the following requirements
are met:
(1) All requirements of §
144-5 pertaining to inspection are met;
(2) All fees charged by the Borough for the registration of the rental
unit shall be paid in full;
(3) All real estate, business taxes and housing court judgments are paid
in full;
(4) The owner or responsible local agent of the rental unit shall provide the Borough a document which states the name(s), and telephone number(s) of the leaseholders who will occupy the unit. It shall also provide the length of their occupancy. This information shall be supplied annually in accordance with §
144-4.
No person shall lease, rent, occupy, or otherwise allow a rental
unit within the Borough to be occupied without first registering the
rental unit with the Borough and designating a responsible local agent.
A. Registration forms. Registration shall be made upon forms furnished
by the Borough and shall require all of the following information:
(1) The street address and block and lot number of the rental unit(s);
(2) The number and types of rental units within the rental property;
(3) The name, residence address, telephone number, and, where applicable,
an e-mail address, mobile telephone number, and facsimile number of
all property owners of the rental unit(s);
(4) The name, residence address, telephone number, and, where applicable,
an e-mail address, mobile telephone number, and facsimile number of
the responsible local agent designated by the owner;
(5) The maximum number of tenants permitted for each rental unit;
(6) The name, address, telephone number and, where applicable, an e-mail
address, mobile telephone number, and facsimile number of the person
authorized to collect rent from the tenants;
(7) The name, address, telephone number and, where applicable, an e-mail
address, mobile telephone number, and facsimile number of the person
authorized to make or order repairs or services for the property,
if in violation of Borough or state codes, if the person is other
than the owner or the responsible local agent;
(8) The name, address and telephone number of any lienholder(s) on the
rental unit or the real property on which the rental unit is located
at the time of annual registration;
(9) The name and telephone number of all leaseholders, the number of
occupants and the termination date of the lease;
(10)
A copy of a current, valid occupancy permit for the property
shall be provided at the initial application but shall not be necessary
unless there is a transfer of property.
B. Accurate and complete information. All information provided on the
registration form shall be accurate and complete. No person shall
provide inaccurate information for the registration of a rental unit
or fail to provide the information required for such registration.
The registration form shall be signed by the property owner(s) or
the designated responsible local agent, where applicable. When the
owner is not a natural person, the owner information shall be that
of the president, general manager or other chief executive of the
organization. When more than one person has an ownership interest,
the required information shall be provided for each owner.
C. Change in registration information or transfer of property.
(1) Except for a change in the registered local agent, the property owner
of a rental unit registered with the Borough shall reregister within
60 calendar days after any change occurs in the registration information.
(2) If the property is transferred to a new owner, the new property owner
of a registered rental unit shall reregister the rental unit within
60 calendar days following the transfer of the property.
(3) Property owners shall notify the Borough of any change in the designation
of the registered local agent, including a change in name, address,
e-mail address, telephone number, mobile telephone number or facsimile
number of the designated registered local agent, within five business
days of the change.
(4) A change in the lienholder or tenants shall be made upon annual registration.
D. Registration term and renewals. Registration of a rental unit shall
be effective for one year. All registrations shall expire on September
30 of each year. The property owner shall reregister each rental unit
with the Borough 30 calendar days prior to the expiration of the registration
of the rental unit (August 31 of each year).
E. Responsible local agent. The designated responsible local agent shall
be responsible for all of the following:
(1) Operating the registered rental unit in compliance with all applicable
Borough ordinances;
(2) Providing access to the rental unit for the purpose of making any
and all inspections necessary to ensure compliance with the applicable
Borough ordinances;
(3) Maintaining a list of the names and number of occupants of each rental
unit for which he or she is responsible; and
(4) Accepting all legal notices or services of process with respect to
the rental unit.
All records, files and documents pertaining to the rental registration
and licensing and rental unit inspection program shall be maintained
by the Borough and all or portions of such documents shall be made
available to other appropriate Borough departments and the public
in accordance with the applicable provisions of Pennsylvania law.
Initial implementation shall begin no later than _____ in a
manner determined by the Borough, but in any case all rental permit
registrations must be completed and paid in full no later than __________.
Violation of this article shall be a summary offense. The fine
for each separate violation shall be a fine not to exceed $1,000 per
each unit per each month that a rental unit is not registered or inspected
as required by this article, plus any fees that have been charged
for inspection, if applicable. Inspection fees shall not be waived
or reduced.