[HISTORY: Adopted by the Borough Council
of the Borough of Danville 7-9-2013 by Ord. No. 513. Amendments noted where applicable.]
This chapter shall be known as the Borough of Danville "Residential
Rental Registration Ordinance."
It is the purpose of this chapter and the policy of the Council
of the Borough of Danville, in order to protect and promote the public
health, safety and welfare of its citizens, to establish rights and
obligations of owners and occupants relating to the rental of residential
rental units in the Borough of Danville and to encourage owners and
occupants to maintain and improve the quality of rental housing within
the community. It is also the policy of the Borough that owners, managers
and occupants share responsibilities to obey the various codes adopted
to protect and promote public health, safety and welfare. As a means
to those ends, this chapter provides for a system of inspections,
issuance and renewal of rental occupancy licenses and sets penalties
for violations. This chapter shall be liberally construed and applied
to promote its purposes and policies.
As used in this chapter, the following terms shall have the
meanings indicated:
Any code or ordinance adopted, enacted and/or in effect in
and for the Borough of Danville concerning fitness for habitation
or the construction, maintenance, operation, occupancy, use or appearance
of any premises or residential rental unit. Included within, but not
limited by, this definition are the following which are in effect
as of the date of the enactment of this chapter: the Uniform Construction
Code (hereinafter "UCC") the International Property Maintenance Code,
International Plumbing Code, International Fire Prevention Code, International
Electrical Code, Zoning Ordinance, the International Building Code
and any duly enacted amendment or supplement to any of the above and
any new enactment falling within this definition.
The duly appointed Code Enforcement Officer(s) having charge
of the Office of Code Enforcement of the Borough of Danville and any
assistants or agents.
Any area within a structure shared by occupants of separate
residential rental units that the occupants of such separate units
have the right in common to use or share, including, but not limited
to, kitchens, bathrooms, attics, basements, social rooms, hallways,
yards, porches, and entrance ways.
Shall be defined under this chapter as:
Engaging in fighting, threatening or other violent or tumultuous
behavior.
Making unreasonable noise.
Using obscene language or obscene gestures.
Creating a hazardous or physically offensive condition by any
act which serves no legitimate purpose of the actor.
Any activities declared illegal under the Pennsylvania Crimes
Code (18 Pa.C.S.A. § 101 et seq.) or Liquor Code (47 P.S.
§ 1-101 et seq.), or the Controlled Substance, Drug, Device
and Cosmetic Act (35 P.S. § 780-101 et seq.).
Any form of conduct, action, incident or behavior perpetrated,
caused or permitted by any occupant or visitor of a residential rental
unit that disturbs other persons of reasonable sensibility in their
peaceful enjoyment of their premises such that a report is made to
the police. It is not necessary that such conduct, action, incident,
or behavior constitute a criminal offense, nor that criminal charges
be filed against any person in order for a person to have perpetrated,
caused or permitted the commission of disorderly conduct, as defined
herein; provided, however, that no disorderly conduct shall be deemed
to have occurred unless the police investigate and make a determination
that such did occur, and keep written records, including a disorderly
conduct report, of such occurrence.
A written report of disorderly conduct to be completed by
the police.
A person on the premises with the actual or implied consent
of an occupant.
One or more persons, jointly or severally, in whom is vested
all or part of the legal title to the premises or all or part of the
beneficial ownership and a right to the present use and enjoyment
of the premises, including a mortgage holder in possession of the
residential rental unit (same as "owner").
The Landlord and Tenant Act of 1951, 68 P.S. § 250.101
et seq.
An adult individual designated by the owner of a residential
rental unit.
Any individual living or sleeping in a building, or having
possession of a space within a building.
Any person, agent, operator, firm or corporation having a
legal or equitable interest in the 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 the estate of such person if ordered to take possession of real
property by a court.
A rental unit in which the owner resides on a regular, permanent
basis.
Any individual, partnership, company, association, society,
trust, corporation or other group or entity, whether an owner or lessee
of residences or commercial or institutional establishments.
The Police Department of the Borough of Danville or any properly
authorized member or officer thereof or any other law enforcement
agency having jurisdiction within the Borough of Danville.
The area occupied by a rental unit, business or other enterprise.
When more than one rental unit, business or enterprise occupies a
single building on the ground floor, each business area shall be considered
a separate premises. Rental units, businesses or other enterprises
which occupy other floors shall be considered separate premises.
A written agreement between owner/landlord and occupant/tenant supplemented by the addendum required under § 141-4E, embodying the terms and conditions concerning the use and occupancy of a specified residential rental unit or premises.
The license issued to the owner of residential rental units
under this chapter, which is required for the lawful rental and occupancy
of residential rental units.
Occupant or tenant who is listed on the rental agreement.
Any residential structure within the Borough of Danville
which is occupied by someone other than the owner of the real estate
as determined by the most current deed and for which the owner of
the said parcel of real estate received any value, including but not
limited to money or the exchange of services. Each apartment within
a building is a separate structure requiring inspection and a license.
Anything constructed or erected on the ground or attached
to the ground, including but not limited to buildings, sheds, mobile
homes and other similar items.
An individual who resides in a rental unit, whether or not
he or she is the owner thereof, with whom a legal relationship with
the owner/landlord is established by a rental agreement and/or a lease
or by the laws of the Commonwealth of Pennsylvania (same as "occupant").
A.
General. It shall be the duty of every owner to keep and maintain
all rental units in compliance with all applicable state laws and
regulations and local ordinances and to keep such property in good
and safe condition. The owner shall be responsible for all property
maintenance, including lawn mowing and ice and snow removal, and for
making any and all repairs in and around the premises. As provided
for in this chapter, every owner shall be responsible for regulating
the proper and lawful use and maintenance of every rental unit which
he or she owns. This section shall not be construed as diminishing
or relieving, in any way, the responsibility of occupants or 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, civil
or criminal enforcement proceeding, or criminal law; 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 on the occupant's conduct or activity.
Nothing herein is intended to impose any additional civil/criminal
liability upon owners other than that which is imposed by existing
law. This chapter is not intended, nor shall its effects be, to limit
any other enforcement remedies which may be available to the Borough
of Danville against an owner, occupant or guest thereof.
B.
Designation of manager.
(1)
Every owner who is not a full-time resident of the Borough of Danville,
and/or who does not live within 20 miles of the Borough of Danville,
and/or who is not employed within 20 miles of the Borough of Danville,
shall designate a manager who shall reside within 20 miles from the
Borough of Danville or be employed within 20 miles of the Borough
of Danville.
(2)
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 shall perform the same function as a manager.
(3)
If the owner is a partnership, a manager shall be required if a partner
does not reside within the above-referenced area. Said partner shall
perform the same function as a manager.
(4)
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 chapter and under rental agreements
with occupants. The identity, address and telephone number(s) of a
person who is designated as 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. Designation of a manager shall
not prohibit other authorized agents by the owner.
(5)
It shall be presumed, for the purposes of this chapter, any communication
with a properly identified manager shall serve as a communication
with the owner.
C.
Disclosure and records.
(1)
Before an occupant initially enters into or renews a rental agreement
for a rental unit, the owner or manager shall furnish the occupant
with the most recent inspection report relating to the property.
(2)
The owner or manager shall disclose to the occupant, in writing,
on or before the commencement of the tenancy, a copy of the rental
registration agreement.
(3)
Provision of summary of ordinance to occupant. Following the effective
date of this chapter, a summary hereof in substantially the form set
forth in Appendix A,[1] shall be provided to the tenant at or before the commencement
of the landlord-tenant relationship. If a summary has been provided
at or before the commencement of the landlord-tenant relationship,
a summary does not have to be provided upon renewal. Where a rental
agreement has been entered into prior to the effective date of this
chapter, the owner shall provide the occupants with a copy of the
summary within 45 days after enactment of this chapter.
[1]
Editor's Note: Appendix A is on file in the Borough offices.
(4)
The owner shall maintain the rental agreement, current license and
current inspection report issued by the Code Enforcement Office of
the Borough of Danville.
(5)
Changes in ownership or occupancy. It shall be the duty of each owner
of a residential rental unit to notify the Code Enforcement Officer,
in writing, of any change in ownership of the premises or of the number
of residential rental units on the premises. It shall also be the
duty of the owner to notify the Code Enforcement Officer, in writing,
of the changing of a rental unit from owner-occupied to non-owner-occupied,
which thereby transforms the dwelling into a residential rental unit
for purposes of this chapter.
D.
Maintenance of premises.
(1)
The owner shall maintain the premises in compliance with the applicable
codes of the Borough of Danville and shall regularly perform or contract
all routine maintenance, including lawn mowing and ice and snow removal,
and shall promptly make any and all repairs necessary to fulfill this
obligation.
(2)
The owner and tenant may agree that the tenant or occupants are to
perform specified repairs, maintenance tasks, alterations or remodeling.
In such case, however, such agreement between the owner and tenant
must be in writing. Such an agreement may be entered into between
the owner and tenant only if:
(3)
In no case shall the existence of any agreement between the owner
and tenant relieve an owner of any responsibility under this chapter
or other ordinances or codes for maintenance of the premises.
E.
Rental agreement.
(1)
Terms and conditions. The owner and tenant may include in a rental
agreement terms and conditions not prohibited by this chapter or other
applicable ordinances, regulations and laws, including rent, term
of the agreement and other provisions governing the rights and obligations
of the parties.
(2)
Prohibited provisions. Except as otherwise provided by this chapter,
no rental agreement may provide that a tenant, occupant or owner agrees
to waive or to forgo rights or remedies under this chapter. A provision
prohibited by this subsection included in a rental agreement is unenforceable.
(3)
The owner shall secure a written acknowledgment from tenant that
the tenant has received the disclosures and information required by
this chapter.
(4)
The rental agreement must be signed prior to occupancy and shall
contain but not be limited to the following:
(a)
The address of the residential rental unit.
(b)
The residential rental unit license number.
(c)
The name, address and phone number of the property owner.
(d)
The name, address and phone number of the property manager (where
applicable).
(e)
The name of the tenant.
(f)
Lease period (start and end date).
(g)
Schedule and due date of payment.
(h)
A list of available utilities and maintenance responsibilities
at the property shall be identified and indicated as either a responsibility
of the tenant or provided by the owner as part of the rental agreement.
This list shall include but not be limited to the following:
(i)
The location of available parking provisions (where applicable).
(j)
A statement that the tenant acknowledges noncompliance with
this chapter on the part of the occupants or the owner may be cause
for the municipality to direct eviction of the occupants by the owner.
(5)
Upon request by the Borough of Danville, the owner, within 10 days
of the request, shall furnish to the Borough of Danville a copy of
the completed and executed rental registration agreement, in a form
provided by the Borough of Danville, which form of agreement shall
include, in part, acknowledgment that the tenant has received the
disclosures and information required by this chapter. Such request
shall only be made if the current rental registration agreement for
the rental unit is not provided to the Code Enforcement Officer.
(6)
A copy of the current rental agreement shall be available at the
time of inspection.
F.
Registration. Every owner of a residential rental unit must register
the unit with the Code Enforcement Officer and obtain a license in
accordance with the following schedule:
(1)
All owners of residential rental units must register the units with
the Code Enforcement Officer beginning with the calendar year 2012.
(2)
Any individual, entity or firm which converts any structure to a
residential rental unit or units shall register the residential rental
unit or units with the Code Enforcement Officer of the Borough of
Danville and obtain a rental occupancy license prior to entering into
a lease or rental agreement with a tenant.
(3)
It shall be the responsibility of the grantee and the grantee's
agent in the purchase of the said real estate, including the grantee's
attorney or title company, to notify Danville Borough City Hall within
72 hours of any purchase or transfer of a rental unit.
(4)
The owner of a residential rental unit must update the registration
information on record with the Code Enforcement Officer within 10
days of any changes of the information required to be reported by
this chapter.
(5)
In the event of a change of tenant during the registration period,
the owner shall notify the Code Enforcement Officer and have the new
tenant sign a rental registration agreement. Such agreement shall
then be provided to the Code Enforcement Officer within 10 days. If
the rental unit is in compliance as of its most recent inspection,
no new inspection is required at the time of change of tenant. The
owner shall provide the most recent inspection report for the rental
unit to the new tenant.
G.
Landlord-Tenant Act. The owner shall comply with all provisions of
the Landlord-Tenant Act.
H.
Common areas. Where an owner of a residential rental unit does not
regulate the use of common areas and the behavior of occupants and
guests in the common areas, the owner shall be directly responsible
for the behavior of occupants and guests in the common areas as if
the owner were an occupant. The failure of the owner to regulate behavior
of occupants and guests in the common areas that results in the following
shall be a violation of this chapter:
(1)
Engaging in fighting, threatening or other violent or tumultuous
behavior;
(2)
Making unreasonable noise;
(3)
Creating a hazardous or physically offensive condition by any act
which serves no legitimate purpose of the actor;
(4)
Any activities declared illegal under the Pennsylvania Crimes Code
(18 Pa.C.S.A. § 101 et seq.), or Liquor Code (47 P.S. § 1-101
et seq.), or the Controlled Substance, Drug, Device and Cosmetic Act
(35 P.S. § 780-101 et seq.).
I.
Disorderly conduct. The Code Enforcement Officer shall provide disorderly
conduct reports to the owner by regular mail to the address provided
at the most recent registration of the residential rental unit. Such
reports shall be mailed within 10 days of receipt of the report by
the Code Enforcement Officer from the police.
A.
Borough can make repairs. In case the owner of a premises shall neglect,
fail or refuse to comply with any notice from the Borough or its Code
Enforcement Officer to correct a violation relating to maintenance
and repair of the premises under any code in effect in the Borough
of Danville within the period of time stated in such notice, the Borough
may cause the violation to be corrected. 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,
and the owner of the premises shall be billed after same has been
completed. 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. Such a lien
may be reduced to judgment and enforced and collected as provided
by law, together with interest at the legal rate and court costs.
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 chapter or the applicable codes, ordinances or
statutes, including, where appropriate, condemnation proceedings or
declaration of premises as unfit for habitation; or suspension, revocation
or nonrenewal of the license issued hereunder.
B.
Inspections. Failure by the property owner to schedule an inspection
during the license term shall be a violation of this chapter. The
inspections shall be completed as follows:
(1)
The Code Enforcement Officer of the Borough of Danville shall inspect
all units once a year and record the inspection on a written inspection
report. The inspection report shall be signed and dated by the owner
of the residential rental unit or his or her manager. Inspections
may be made by the Code Officer anytime within the said year.
(2)
A copy of the report shall be provided to the owner, and the owner
shall provide a copy to any tenant named on the lease at the time
of the inspection.
(3)
Findings of violations.
(a)
The owner of any parcel of real estate containing a residential
rental unit which has been found to be in noncompliance with this
chapter shall be subject to a notice of violation with a time frame
for corrective actions.
(b)
Any residential rental unit which has been found to be in noncompliance
with this chapter shall be subject to reinspection by the Code Enforcement
Officer.
(c)
Vacant properties with an open violation shall not be occupied
unless and until the violation has been corrected and the unit is
approved as meeting the criteria of this chapter and any other applicable
codes of the Borough of Danville.
(4)
The Code Enforcement Officer may reinspect any property, subject
to a notice of violation upon expiration of the corrective action
deadline or upon notice from the owner that the violations have been
rectified.
(5)
If a rental unit has remained in full compliance for a period of
two years, then the property's routine inspection interval may
be extended to two years. This extension will automatically be revoked
upon discovery of violations by inspection or complaint.
(6)
The owner of any property containing or upon which is erected a residential
rental unit shall pay a fee for each and every reinspection to cover
the cost of a reinspection each time a reinspection is required under
the terms of this chapter or each time a reinspection is requested
by the Code Enforcement Officer to determine compliance with this
chapter or any other applicable ordinances of the Borough of Danville.
The fee set forth herein shall be set, increased or decreased by a
resolution of Danville Borough Council.[1]
[1]
Editor's Note: The current Fee Resolution is on file
in the Borough offices.
(7)
Search warrant. Upon a showing of probable cause that a violation
of this chapter or any other ordinance of the Borough of Danville
has occurred, or is ongoing, the Code Enforcement Officer may apply
to the issuing authority having jurisdiction for a search warrant
to enter and inspect the premises. In the event the residential rental
unit is unoccupied, the requested search warrant shall be directed
to the owner or manager of the unit. In the event the residential
rental unit is occupied, the requested search warrant shall be directed
to the occupant of the unit.
A.
General. The occupant shall comply with all obligations imposed upon
occupants by this chapter, all applicable codes and ordinances of
the Borough of Danville and all applicable provisions of state law.
B.
Health and safety regulations.
C.
Residential use. The occupant 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.
D.
Compliance with rental agreement. The occupant shall comply with
all lawful provisions of the rental agreement entered into between
the owner and the occupant.
E.
Damage to premises. The occupant shall not intentionally cause, nor
permit or tolerate others to cause, damage to the premises. Conduct
which results in damages in excess of $500 shall be considered a violation
of this chapter.
F.
Inspection of premises. The occupant shall permit inspections of
any premises by the Code Enforcement Officer at reasonable times,
and upon 48 hours' notice from the owner. Refusal to allow entry
of the residential rental unit by the Code Enforcement Officer of
the Borough of Danville to inspect the said unit shall be a violation
of this chapter.
G.
Peaceful enjoyment. The occupant shall conduct himself or herself
and require other persons, including, but not limited to, guests on
the premises and within his or her rental unit with his or her consent,
to conduct themselves in a manner that will not disturb the peaceful
enjoyment of the premises by others, and that will not disturb the
peaceful enjoyment of adjacent or nearby dwellings by the persons
occupying same.
H.
Reporting of violation or eviction. All tenants who have been evicted due to violations of § 141-6, Duties of occupant, or otherwise found guilty of violations of § 141-6, if asked, shall answer truthfully and shall advise their new landlord if they have been evicted from a residence for violating the terms and conditions of this chapter.
A.
License requirement.
(1)
As a prerequisite to entering into a rental agreement or permitting the occupancy of any rental unit [except as provided in Subsection A(3) below], the owner of every such rental unit shall be required to apply for and obtain a rental occupancy license for each rental unit. An inspection must also be done on each rental unit as prescribed in this chapter.
(2)
A rental occupancy license shall be required for all residential
rental units.
(3)
The following categories of rental properties shall not require licenses,
and shall not, therefore, be subject to the permitting provisions
of this chapter:
(a)
Owner-occupied dwelling units, provided that not more than two
unrelated individuals, in addition to the immediate members of the
owner's family, occupy the dwelling unit at any given time.
(b)
Hotels and motels.
(c)
Hospitals and nursing homes.
(e)
Federally subsidized housing maintained by the Montour County
Housing Authority.
(4)
The application for the rental occupancy license shall be in a form
as determined by the Borough.
(5)
In the event a rental occupancy license is denied by the Code Office,
the owner shall have the right to appeal to the Rental Registration
and Property Maintenance Hearing Board of the Borough of Danville
within 30 days of mailing of the notice of denial of the application.
The hearing before the Rental Registration and Property Maintenance
Hearing Board shall be governed by the Local Agency Law.[2]
[2]
Editor's Note: See 2 Pa.C.S.A. § 551 et seq.
B.
Annual license term, fee and occupancy limit.
(1)
Each rental occupancy license shall have an annual term running from
January 1 of a particular year through December 31 of that year.
(2)
Upon application for a rental occupancy license and prior to issuance
or renewal thereof, each owner/applicant shall pay to the Borough
an annual license fee, in an amount to be established, from time to
time, by resolution of the Council of the Borough of Danville.
(a)
Rental units remaining in full compliance for a period of two years as stated in § 141-5B(5) are subject to only the annual license fee on noninspection years.
(b)
Fees received January 1 to March 31 will be set at face value.
From April 1 to May 30, a late fee of $10 will be assessed. From June
1 to July 31, a late fee of $25 will be assessed. After July 31, except
for the year of 2012, nonregistration will be deemed a violation of
this chapter, at which time a citation will be filed, including the
cost of the license and late fees.
(3)
The rental occupancy license shall indicate thereon the maximum number
of occupants in each rental unit.
(4)
No rental occupancy license shall be issued if the owner has any
unpaid fines and costs arising from enforcement of this chapter or
any other ordinance of the Borough of Danville or if the owner is
delinquent in payment of any other fees to the Borough of Danville
pertaining to the rental unit.
A.
General. The Code Enforcement Officer may initiate disciplinary action
against an owner resulting in a formal warning, nonrenewal, suspension
or revocation of the owner's license and/or fines for violating
any provision of this chapter that imposes a duty upon the owner and/or
for failing to regulate the breach by occupants as provided for herein.
B.
Grounds for imposing discipline. Any of the following may subject
an owner or occupant to discipline as provided for in this chapter:
(1)
Operating a rental unit without a rental agreement and/or a rental
occupancy license.
(2)
Failure to maintain a property in accordance with this chapter and
other codes and ordinances of the Borough of Danville.
(3)
Failure to abate a violation of Borough codes and ordinances that
apply to the premises within the time directed by the Code Enforcement
Officer.
(4)
Refusal to permit the inspection of the premises by the Code Enforcement
Officer as required by this chapter.
(5)
Failure to take steps to remedy and prevent violations of this chapter
by occupants of residential rental units as required by this chapter.
(6)
Failure to regulate the conduct of tenants, occupants and guests
as required by this chapter.
(7)
Failure to evict occupants after having been directed to do so by
the Code Enforcement Officer as provided for in this chapter.
C.
Criteria for applying discipline.
(1)
The Code Enforcement Officer, when recommending or applying discipline,
and the Rental Registration and Property Maintenance Hearing Board,
when applying discipline, shall consider the following:
(a)
The effect of the violation on the health, safety and welfare
the occupants of the residential rental unit and other residents of
the premises.
(b)
The effect of the violation on the neighborhood.
(c)
Whether the owner has prior violations of this chapter and other
ordinances of the Borough or has received notices of violations as
provided for in this chapter.
(d)
Whether the owner has previously been subject to disciplinary
proceedings under this chapter.
(e)
The effect of disciplinary action on the occupants.
(f)
The action taken by the owner to remedy the violation and to
prevent future violations, including any written plan submitted by
the owner.
(g)
The policies and lease language employed by the owner to manage
the rental unit to enable the owner to comply with the provisions
of this chapter.
(2)
In addition to applying discipline as set forth above, the Code Enforcement
Officer may recommend, and the Rental Registration and Property Maintenance
Hearing Board may impose upon the existing or subsequent licenses,
reasonable conditions related to fulfilling the purposes of this chapter.
D.
Abatement of violations. Upon receiving notice of any code violations
from the Code Enforcement Officer, or receiving any disorderly conduct
report, the owner shall promptly take action, or cause the necessary
action to be taken, to abate any offending condition and eliminate
the violation within the time specified in the notice, and in the
event of a disorderly conduct report, to correct the situation which
resulted in the disorderly conduct report.
(1)
Each day during which any owner, landlord or tenant of a residential
rental unit violates any provision of this chapter shall constitute
a separate offense.
(2)
First occurrence of an offending condition, failure to correct the
offending condition or recurrence of the offending condition shall
be subject to the following:
(a)
First offense. The owner will receive a notice of violation,
which will serve as a formal warning.
(b)
Second offense within one year. The owner will receive a follow-up
notice of violation and shall be subject to fines as set forth in
this chapter.
(c)
Third and subsequent offenses within one year of the previous
occurrence. The owner shall be subject to additional fines as set
forth in this chapter, and the owner shall be subject to nonrenewal,
suspension or revocation of the rental unit license.
Exception: If a landlord can demonstrate that the third offense was under a lease agreement with a new tenant, it will be treated under the provisions of a second offense, except for violations of the disorderly conduct regulations outlined in § 141-8B(6), Failure to regulate the conduct of tenants, occupants, and guests as required by this chapter. Fines may still be doubled under this exception.
(3)
Definition of options.
(a)
Notice of Violation/Formal Warning: formal written notification
of at least one violation of this chapter.
(b)
Nonrenewal: the denial of the privilege to apply for license
renewal after expiration of the license term. The Borough will permit
the owner to maintain occupants in the premises until the end of the
license term but will not accept applications for renewal of the license
until a time set by the Code Enforcement Officer or by the Rental
Registration and Property Maintenance Hearing Board.
(c)
Suspension: the immediate loss of the privilege to rent a residential
rental unit for a period of time set by the Code Enforcement Officer
or the Rental Registration and Property Maintenance Hearing Board.
The owner, after the expiration of the suspension period, may apply
for license renewal without the need to show cause why the owner's
privilege to apply for a license should be reinstated. Within five
days of suspension, the owner shall take steps to evict the occupants.
(d)
Revocation: the immediate loss of the privilege to rent a residential
rental unit for a period of time set by the Code Enforcement Officer
or the Rental Registration and Property Maintenance Hearing Board
and the loss of the privilege to apply for renewal of the license
at the expiration of the time period. Within five days of the loss
of the privilege to rent, the owner shall take steps to evict the
occupants.
(e)
Penalties. Any owner, landlord or tenant of a residential unit
which violates any provision of this chapter shall upon conviction
thereof be sentenced to pay a fine of not less than $100 and not to
exceed $300 and costs of prosecution or, in default of payment of
such fines and costs, to undergo imprisonment for not more than 30
days. Each day that a violation continues after due notice has been
served shall be deemed a separate offense.
[Amended 11-4-2014 by Ord. No. 521]
(4)
Fines as imposed through this chapter shall be collected as allowable
by law.
(5)
In addition to the fines set forth herein, the Borough of Danville
shall be entitled to reasonable attorney's fees incurred in enforcing
this chapter. The said fees shall be added to any penalties set forth
above.
(6)
In the event that a second violation of disruptive conduct occurs
within a twelve-month period, involving the same occupant or occupants,
the Code Enforcement Officer may direct the owner to evict the occupant
or occupants who have violated this chapter of the Borough of Danville
Code and to not permit the occupant to occupy the premises during
any subsequent period.
E.
Notice of violation. A notice of violation shall, at a minimum, set
forth the following:
(1)
Street address of the property.
(2)
Date of the inspection.
(3)
Name of the inspector.
(4)
List of violations.
(5)
Time frame/deadline for corrective action.
(6)
Potential or actual penalties.
(7)
Right of the owner to appeal the Code Enforcement Officer's
findings.
(8)
Transfer of ownership clause.
F.
Appeals.
(1)
Any owner shall have the right to appeal the decision of the Code
Enforcement Officer by submitting in writing to the Borough Secretary
or Borough Manager, within 20 days from the date printed on the notice,
a detailed statement of the appeal, including the grounds therefor
and the reason(s) alleged as to why the determination of the Code
Enforcement Officer is incorrect or should be overturned, and a statement
of relief requested by the appellant. Such notice of appeal shall
be required to be submitted on a form to be prescribed therefor by
the Borough Council, and signed by the appellant. There is hereby
imposed a fee for filing of such appeals, the amount of which shall
be determined and established, from time to time, by resolution of
the Borough Council.
(2)
Upon receipt of such an appeal in proper form, accompanied with the
requisite filing fee, the Borough Secretary or Borough Manager shall
schedule a hearing within 20 days.
(3)
The appellant, the Code Enforcement Officer and the owners of properties
within a radius of 300 feet from the premises for which the license
is at issue shall receive written notice of the hearing on the appeal.
(4)
The Rental Registration and Property Maintenance Hearing Board shall
hold a hearing on the appeal, which shall be conducted in accordance
with the Local Agency Law, 2 Pa.C.S.A. § 551 et seq. A decision
on the appeal shall be rendered either immediately following the appeal
hearing or within 30 days thereafter. The decision shall be reduced
to writing within 45 days of the date of the appeal hearing. Appeals
from any decision of the Rental Registration and Property Maintenance
Hearing Board shall be to the Court of Common Pleas of Montour County,
Pennsylvania.
(5)
The Property Maintenance Hearing Board of the Borough of Danville
shall hereafter be known as the Rental Registration and Property Maintenance
Hearing Board.
G.
Delivery of notification.
(1)
All notices shall be sent to the owner and manager, if applicable,
by certified mail or have receipt otherwise verified. In the event
that the notice is returned by the postal authorities marked "unclaimed"
or "refused," then the Code Enforcement Officer shall attempt delivery
by personal service on the owner or manager, if applicable. The Code
Enforcement Officer shall also post the notice at a conspicuous place
on the premises.
(2)
If personal service cannot be accomplished after a reasonable attempt
to do so, the notice may be sent to the owner or manager at the address
stated on the most current license application for the premises in
question, by regular first-class mail, postage prepaid. If such notice
is not returned by the postal authorities within five days of its
deposit in the United States Mail, then it shall be deemed to have
been delivered to and received by the addressee on the fifth day following
its deposit in the United States Mail, and all time periods set forth
above shall thereupon be calculated from said fifth day.
H.
Transfer of ownership. It shall be unlawful for the owner of any
dwelling unit or structure who has received a compliance order or
upon whom a notice of violation has been served to sell, transfer,
mortgage or otherwise dispose of such dwelling unit or structure to
another until the provisions of the compliance order or notice of
violation have been complied with, or until such owner shall first
furnish the grantee, transferee or mortgagee a true copy of any compliance
order or notice of violation issued by the code official and shall
furnish to the code official a signed and notarized statement from
the grantee, transferee or mortgagee acknowledging the receipt of
such compliance order or notice of violation and fully accepting the
responsibility without condition for making the corrections or repairs
required by such compliance order or notice of violation.
A.
Owners severally responsible. If any rental unit is owned by more
than one person, in any form of joint tenancy, as a partnership or
otherwise, each person shall be jointly and severally responsible
for the duties imposed under the terms of this chapter and shall be
severally subject to prosecution for the violation of this chapter.
B.
Nonexclusive remedies. The penalty provisions of this chapter and
the license nonrenewal, suspension and revocation procedures provided
in this chapter shall be independent, nonmutually exclusive separate
remedies, all of which shall be available to the Borough as may be
deemed appropriate for carrying out the purposes of this chapter.
The remedies and procedures provided in this chapter for violation
hereof are not intended to supplant or replace to any degree the remedies
and procedures available to the Borough in the case of a violation
of any other code or ordinance of the Borough, whether or not such
other code or ordinance is referenced in this chapter and whether
or not an ongoing violation of such other code or ordinance is cited
as the underlying grounds for a finding of a violation of this chapter.
C.
Confidentiality. All registration and contact information shall be
maintained in a confidential manner by the Code Enforcement Officer
and shall only be utilized for the purpose of enforcement of this
chapter by the Code Enforcement Officer and Rental Registration and
Property Maintenance Hearing Board.
D.
Severability. If any section or provision of this chapter is adjudged
by a court of competent jurisdiction to be unlawful, void, or unenforceable,
all the remaining sections and provisions of this chapter shall remain
in full force and effect.