[HISTORY: Adopted by the Borough Council
of the Borough of Mount Gretna as indicated in article histories.
Amendments noted where applicable.]
[Adopted 9-12-2016 by Ord. No. 204]
Mount Gretna Borough has seen an increase in concern over residential
rental occupied units over the past several years. The purposes of
this article are to promote the health, safety, and general welfare
of the Borough's residents by establishing uniform procedures for
licensing of residential rental units within the Borough and to set
forth the penalties for violations of this article.
As used in this article, the following terms shall have the
meanings indicated:
Adjacent, looking left and right from the street, would be
the lot meeting, touching, bordering, and contiguous to the side yard
of the property requesting the issuance of a short-term license. If
the property is adjacent to an unopened walking path and/or an unopened
paper street, adjacent would extend to the next property bordering
the unopened walking path and/or unopened street.
[Added 12-14-2021 by Ord. No. 224]
A room designed to be used for sleeping purposes with two
means of ingress (one of which may be a window acceptable under the
building code), including a door which can be closed for purposes
of privacy, a closet, and in close proximity to a bathroom. Spaces
used for eating, cooking, bathrooms, toilet rooms, closets, halls,
storage, lofts, or utility rooms and similar uses are not considered
bedrooms. Space used or intended for general and informal everyday
use, such as a living room, den, sitting room or similar, is not to
be considered a bedroom.
[Added 12-19-2018 by Ord.
No. 213; amended 12-14-2021 by Ord. No. 224]
Mount Gretna Borough, Lebanon County, Pennsylvania 17064.
The duly elected governing body of Mount Gretna Borough,
Lebanon County, Pennsylvania.
A visitor to the rental property but not constituting an
occupant between the hours of 7:00 a.m. and 10:00 p.m.
[Added 12-19-2018 by Ord.
No. 213; amended 12-14-2021 by Ord. No. 224]
A residential living area for one household that is used
for living and sleeping purposes and includes its own cooking facilities
and bathroom with a toilet and a bathtub and/or shower.
Any person specifically designated to enforce this article
by resolution of Borough Council.
An adult individual may be designated by the owner of a residential
rental unit under this article. The manager then shall be the agent
of the owner for service of process and receiving notices or demands
and to perform the obligations of the owner under this article.
An individual who resides in a residential rental dwelling
unit other than a tenant.
One or more persons, corporation, partnership or other association
in whom is vested all or part of the legal title to the premises.
A dwelling unit in which at least one owner of record of
the property resides as his/her primary dwelling throughout a calendar
year and/or a summer residence in which the owner resides on a seasonal
basis. If an owner-occupied unit is rented for any time, said rental
shall be governed by the provisions of the requirements of a residential
rental unit set forth herein.
A dwelling unit occupied for residential purposes that is
not an owner-occupied unit.
A license issued to the owner of a residential rental unit
that is required in order to lawfully rent and occupy a residential
rental unit.
Any dwelling unit owned or managed by a person, firm or corporation
which is rented or leased for a period of less than 30 consecutive
days for a minimum reservation of three consecutive nights during
which time the owner or manager is not present on a full-time basis.
[Added 12-19-2018 by Ord.
No. 213; amended 12-14-2021 by Ord. No. 224]
An occupant of a residential rental unit with whom a legal
relationship with the owner exists pursuant to a lease or other legally
enforceable agreement under the laws of the Commonwealth of Pennsylvania.
The minimum age of the tenant shall be 25 years of age.
[Amended 12-14-2021 by Ord. No. 224]
Form of shared property ownership, commonly vacation or recreational
property, where rights vest in several owners to use the property
for specific periods of time each year.
[Added 12-14-2021 by Ord. No. 224]
It shall be the duty of every owner to:
A.
Obtain and maintain a residential rental unit license for each residential rental unit as set forth in § 137-5 of this article. This provision shall apply to any and all leases or other legally enforceable agreements under the laws of the Commonwealth of Pennsylvania, regardless of length.
B.
Provide
the Borough with the maximum number of bedrooms and the maximum sleeping
accommodation occupancy for the residential rental unit, not to exceed
10 occupants.
[Amended 12-12-2022 by Ord. No. 228]
C.
Post in a prominent place within the unit any and all trash and recyclables collection and disposal services information to tenants and occupants as provided by the Borough and instruct tenants and occupants about the collection process for such trash and recyclables collection and disposal services (e.g., curbside or dumpster and day of pick up). Provide each unit a copy of Mount Gretna Borough Refuse, Noise and Parking Ordinances. The ordinances may be viewed at the Borough website, http://borough.mtgretna.com. (Noise, Chapter 118, Chapter 121, regarding refuse and garbage, § 121-2(a)(1)(a) through (c), § 134-8, Chapter 76, Open Burning, §§ 76-1, 76-5, 155-2 through 155-3, and Vehicles and Traffic, Chapter 181).
D.
If appointed
by the owner, the manager shall be considered the owner's agent for
purposes of service of process and receiving notices and requests
from the Borough, as well as for performing obligations of the owner
as set forth in this article.
E.
An owner must reside within 20 miles of the short-term rental property.
If the owner resides at a location over 20 miles from the short-term
rental property, an agent or local contact person must be selected
to act as a manager for the short-term property.
[Added 12-14-2021 by Ord.
No. 224]
F.
A manager must reside within 20 miles of the short-term rental property.
The Borough must be notified, in writing, within seven days if there
is a change in the identity of the manager.
[Added 12-14-2021 by Ord.
No. 224]
G.
Any advertisement by the owner of the rental units shall include
the following information:
[Added 12-14-2021 by Ord.
No. 224]
(1)
The total number of overnight guests permitted.
(2)
The total number of day guests permitted from 7:00 a.m. until 10:00
p.m.
(3)
On-street parking is by permit only and two street parking permits
will be provided, and any violation is subject to a ticket and fine
being issued by the Cornwall Borough Police.
(4)
Minimum age of the tenant.
(5)
The rental is located in a Chautauqua residential community.
A.
A residential
rental license shall not be issued to an owner unless the owner provides
the Borough with his or her name, mailing address, email address,
and telephone number, including a twenty-four-hour emergency phone
number or that of a designated manager. A post office box shall not
be an acceptable address for an owner or manager. The owner shall
be required to notify the Borough of any changes within 10 business
days.
[Amended 12-14-2021 by Ord. No. 224]
B.
No person
shall operate, or allow for the operation of, a long- or short-term
rental without first obtaining a rental license from the Borough.
Operation of a long- or short-term rental without a valid rental license
is a violation of this article.
[Amended 12-14-2021 by Ord. No. 224; 12-12-2022 by Ord. No. 228]
C.
It shall
be the responsibility of the owner or manager to post or otherwise
provide a copy of the residential rental license to the tenants of
each residential rental unit. The residential rental license shall
include the following information:
(1)
The
name and telephone number of the owner and manager.
(2)
The
date on which the residential rental license expires.
(3)
A total
number of bedrooms and maximum number of overnight guests.
[Added 12-14-2021 by Ord. No. 224]
(4)
A total
number of day guests permitted.
[Added 12-14-2021 by Ord. No. 224]
D.
To allow
sufficient time to process the application for issuance of a rental
license by December 31 of each and every year, renewal license applications
must be submitted by the owner, or, if applicable, the manager, of
each residential rental unit to the Borough no later than October
l of each calendar year and inspections no later than November 1 of
each calendar year, which license renewal shall be valid from January
1 through December 31 of the following for short-term rentals and
for five years for long-term rentals. The short-term renewal license
approval shall be by Borough Council at a regular and/or special meeting
in November and/or December of each and every year, at which meeting,
at the discretion of Borough Council, the owner shall be in attendance.
The long-term license renewal approval will be done every five years
by Borough Council. No owner meeting is required unless requested
by Borough Council. Any new short-term rental application for a rental
license occurring after October 1 of each and every year shall be
considered for approval by Borough Council after compliance with this
article and at a regular and/or special meeting of Borough Council
to review the same. At such meeting, the owner's attendance shall
be at the discretion of Borough Council.
[Amended 12-14-2021 by Ord. No. 224; 12-12-2022 by Ord. No. 228]
E.
In order
to be issued the annual residential rental license each year, the
owner or, if applicable, the manager of each residential rental unit
shall:
(1)
Provide
the Borough with the name, mailing address, email address, and phone
number of the owner or, if applicable, manager of the residential
rental unit.
[Amended 12-14-2021 by Ord. No. 224]
(2)
Provide the Borough with the maximum number of occupants who will reside in the residential rental unit not to exceed 10 occupants except as set forth in § 137-3B of this article.
(3)
Ensure
that any overdue real estate taxes, water and sewage, and any other
outstanding fees that are owed to the Borough, Mount Gretna Authority,
and the Pennsylvania Chautauqua assessments are fully paid as required.
[Amended 12-14-2021 by Ord. No. 224]
(4)
Tender
the Borough the annual licensing fee intended to cover the Borough's
costs for administrating this article. The fee shall be established
by resolution adopted by the Borough Council based on costs experience.
[Amended 12-14-2021 by Ord. No. 224]
F.
Where there is a recurring annual long-term rental, the owner shall reapply every five years for a rental license. The inspections for a long-term rental renewal shall follow the same criteria for inspections for a short-term rental as set forth in § 137-4.2D of this article.
[Amended 12-12-2022 by Ord. No. 228]
G.
The applicant shall prepare and present a current copy of a notice
to the Borough which is clearly visible and legible which shall be
posted within the structure on or adjacent to the inside of the front
door containing the following information:
[Added 12-14-2021 by Ord.
No. 224]
(1)
The name and telephone number of the owner of the unit and the name
and telephone number of the person in charge;
(2)
The street address of the property;
(3)
The maximum number of occupants permitted for an overnight stay in
the short-term rental and the maximum number of day guests permitted
at any one time based upon the provisions of this article and notification
that day guests may not be on the property on any day before 7:00
a.m. or after 10:00 p.m.;
[Amended 12-14-2021 by Ord. No. 224]
(4)
Parking on the public street is by permit only with two parking permits
provided for the rental unit;
(5)
Any other on-street parking shall be subject to a ticket and fine
as issued by the Cornwall Borough Police;
(6)
Trash, refuse, and recyclable containers shall be placed at the street
only within 24 hours of the pickup date and must be removed from the
street within 24 hours after the pickup date. All trash and refuse
containers shall be stored in a leakproof plastic or metal container
with a secured lid. All recyclable containers shall be stored in a
plastic or metal container preferably with a secured lid. Storage
of trash, refuse, and recyclables in plastic bags is prohibited;
(7)
The occupant, owner, or guests may be cited and fined for creating
a nuisance or disturbance or for violating any provisions of the Borough's
ordinances and laws of the Commonwealth of Pennsylvania;
(8)
The rental occupants are required to make the unit available for
inspection by the Enforcement Officer pursuant to the provisions of
this article;
(9)
All fireworks on the premises and within the Borough are prohibited;
(10)
All open-flame outdoor burning is prohibited except in an approved
grill for purposes of cooking;
(11)
The daytime phone number for the Cornwall Borough Police and
the dispatch number for nondaytime phone calls regarding police matters:
Monday through Friday, 8:00 a.m. to 4:00 p.m. (717-274-2071); after
hours nonemergency, 717-272-2054 (dispatch). For fire and police emergencies,
dial 911. The hours and phone numbers set forth herein may be added
and/or changed by a resolution adopted by Mount Gretna Borough Council.
H.
No short-term rental license shall be issued for a dwelling unit
that is adjacent to a lot in which another short-term rental is located.
Any short-term rentals which were adjacent to another short-term rental
as of December 31, 2021, shall be permitted to continue unless there
is a thirty-day lapse at the expiration of a current rental license,
in which case the provisions of this subsection shall apply. All adjacent
short-term rentals as of December 31, 2021, are on file with the Borough
Office.
[Added 12-14-2021 by Ord.
No. 224; amended 12-12-2022 by Ord. No. 228]
I.
The owner shall provide the name, address, and website of any advertisement
for the rental of any unit set forth herein and shall provide to the
Borough within five days any changes to the same during the course
of the rental license effected time period.
[Added 12-14-2021 by Ord.
No. 224]
J.
Signature of both the owner and the person in charge. If the property
is owned by more than one owner, then all owners of the property are
required to sign the application. If the property is owned by a corporate
entity, such as an LLC, authorized members and/or shareholders of
such entity are required to sign the application and designate a person
in charge.
[Added 12-14-2021 by Ord.
No. 224]
K.
If not already provided, a copy of the deed to the property evidencing
the ownership of the same.
[Added 12-14-2021 by Ord.
No. 224]
L.
If there is a deed restriction and/or a homeowners' association restriction
prohibiting rental, a written waiver of the provisions shall be provided
with the application and if not provided, the application for a license
will not be approved.
[Added 12-14-2021 by Ord.
No. 224]
[Added 12-19-2018 by Ord.
No. 213]
A.
Unless otherwise specifically stated herein, the Enforcement Officer
shall be permitted to inspect each residential rental unit at or prior
to the issuance of a rental license;
B.
The Enforcement Officer shall be permitted to inspect each residential
unit. Each residential unit is required to be inspected at each renewal.
[Amended 12-14-2021 by Ord. No. 224; 12-12-2022 by Ord. No. 228]
C.
The Enforcement Officer shall be permitted to inspect a residential
rental unit whenever there is probable cause to believe that a violation
of the within article is present. Under such circumstances, the Enforcement
Officer shall provide the owner, or, if applicable, the manager, with
24 hours' notice of an inspection under this subsection;
[Amended 12-14-2021 by Ord. No. 224]
D.
The cost of any inspection incurred by the Enforcement Officer shall
be paid by the owner to the inspection agency within 30 days after
the date of invoice to the owner of the required fee as established
by resolution by Mount Gretna Borough. The rental license shall not
be issued until payment is made as set forth herein;
[Amended 12-14-2021 by Ord. No. 224]
E.
Written consent for inspection of the property by the Enforcement
Officer to verify compliance with the conditions of the rental application.
F.
An owner
seeking a rental license has the responsibility to contact and arrange
for an inspection with the Borough's approved code inspection company.
[Added 12-12-2022 by Ord. No. 228]
[Added 12-19-2018 by Ord.
No. 213]
A.
No more than one short-term rental unit may be located in a structure,
and a short-term rental unit may not be located in a structure which
also contains one or more other dwelling units.
B.
Overnight occupancy of a short-term rental shall be limited to no
more than two persons per bedroom, not to exceed 10 occupants.
[Amended 12-12-2022 by Ord. No. 228]
C.
The maximum number of day guests allowed at any one time is 10, not
counting overnight occupants.
[Amended 12-14-2021 by Ord. No. 224; 12-12-2022 by Ord. No. 228]
D.
Inspections for a short-term rental unit shall demonstrate that the
short-term rental unit contains or meets all of the following:
(1)
Working smoke and carbon monoxide detectors in each bedroom;
[Amended 12-14-2021 by Ord. No. 224]
(2)
Working smoke and carbon monoxide detectors outside each bedroom
in the common hallway;
[Amended 12-14-2021 by Ord. No. 224]
(3)
Working smoke and carbon monoxide detectors on each floor;
[Amended 12-14-2021 by Ord. No. 224]
(4)
GFI outlet required if outlet located within six feet of water
source (all sinks, sump pumps, etc.);
(5)
Aluminum or metal exhaust from clothes dryer (if a dryer is
provided);
(6)
Carbon monoxide detector if open flame (oil or gas) furnace
or gas fireplace;
(7)
Carbon monoxide detector if garage is attached;
(8)
Provide a fire extinguisher, 10 pounds type ABC, mounted in
the kitchen at a conspicuous location with a current charge testing
pad;
[Amended 12-14-2021 by Ord. No. 224]
(9)
Stairs (indoor and outdoor) in good condition;
(10)
Covers (faceplate) on all outlets;
(11)
Fully functioning bathing and toilet facilities;
(12)
Fully functioning kitchen (if one has been installed);
(13)
The Pennsylvania Uniform Construction Code and the International
Property Maintenance Code as adopted by the Borough.
(14)
Gas, electrical and water shutoff shall be identified by label
and shall be accessible at all times and not secured from tenants
in owner's lockout areas.
[Added 12-14-2021 by Ord.
No. 224]
(15)
Each bedroom shall be provided with an emergency exit opening
which operates without the use of keys, tools, or special hardware.
[Added 12-14-2021 by Ord.
No. 224]
(16)
The front door and all other exit doors shall be operable for
exit without the use of keys, tools, or special hardware.
[Added 12-14-2021 by Ord.
No. 224]
(17)
Garage space and area storing flammable products shall have
a fire resistance separation from the occupied structure space. Both
a smoke and carbon monoxide detector are required if the garage is
attached to the dwelling.
[Added 12-14-2021 by Ord.
No. 224]
(18)
Posted house number must be visible from street view and shall
be on a reflective sign for emergency response team.
[Added 12-14-2021 by Ord.
No. 224]
(19)
Leakproof containers provided with closed-fitting covers for
storage, removal and disposal of rubbish and garbage. Recyclable containers
shall be in plastic or metal containers preferably with a closed-fitting
cover for storage and removal.
[Added 12-14-2021 by Ord.
No. 224]
(20)
Plumbing fixtures shall be maintained in safe, sanitary and
functional conditions.
[Added 12-14-2021 by Ord.
No. 224]
(21)
Dwelling shall be provided with heating facilities capable of
maintaining a room temperature of 68° Fahrenheit in all habitable
rooms, bathrooms and toilet rooms.
[Added 12-14-2021 by Ord.
No. 224]
(22)
Maintain property in good repair, sanitation, and safe.
[Added 12-14-2021 by Ord.
No. 224]
(23)
Fuel-fired equipment shall be in good working order and provided
with compliance combustible air and installed in approved location.
[Added 12-14-2021 by Ord.
No. 224]
(24)
Carbon monoxide detectors required. Water heater shall have
the temperature and pressure release valve installed and in working
order.
[Added 12-14-2021 by Ord.
No. 224]
(25)
Clothes dryer shall exhaust to the exterior in accordance with
the manufacturer's specification.
[Added 12-14-2021 by Ord.
No. 224]
(26)
Each habitable room shall have as a minimum two electric receptacles.
[Added 12-14-2021 by Ord.
No. 224]
(27)
Each stairway, kitchen, bathroom, furnace room, and laundry
room shall be provided with a luminaire.
[Added 12-14-2021 by Ord.
No. 224]
(28)
Each bathroom and laundry room shall have as a minimum one electric
receptacle.
[Added 12-14-2021 by Ord.
No. 224]
(29)
Compliance with the posting requirements of notices set forth
in this article.
[Added 12-14-2021 by Ord.
No. 224]
(30)
The above may be added to and/or changed by resolution adopted
by Borough Council.
[Added 12-14-2021 by Ord.
No. 224]
E.
Other certificates and documents required with the application:
[Amended 12-14-2021 by Ord. No. 224; 12-12-2022 by Ord. No. 228]
(1)
Copy of the current Pennsylvania sales and use tax permit.
(2)
Declaration page of the current insurance policy indicating
at least $500,000 liability insurance to cover the use of a short-term
rental for the full duration of the permit term.
(3)
Certificate of use and occupancy from the Enforcement Officer
shall include the number of bedrooms meeting the definition of a bedroom
as set forth in this article.
(4)
A
copy of the hotel license issued by the County of Lebanon.
F.
The applicant shall prepare and present a renter's information notice
with the application, which shall be prominently and continuously
posted at the short-term rental unit, which contains the following
information:
[Amended 12-14-2021 by Ord. No. 224; 2-14-2022 by Ord. No. 226; 12-12-2022 by Ord. No. 228]
(1)
The name of the local contact person or owner of the short-term
rental unit and a telephone number which that party may be reached
on a twenty-four-hour basis.
(2)
The 911 address of the property.
(3)
The maximum number of occupants permitted to stay in the dwelling
unit and the maximum number of day guests permitted at any one time.
(4)
Trash and recyclable pickup days and notification that trash,
refuse, and recyclable containers shall be placed at the street only
24 hours prior to their scheduled pickup date and shall be removed
within 24 hours after the trash and recyclable pickup date. Trash
and refuse shall not be left or stored on the exterior of the property
except in secure, watertight metal or plastic containers or similar
containers designed for storage, with a limit of three secured containers.
Recyclable containers shall not be left or stored on the exterior
of the property except in secure plastic or metal containers or similar
containers designed for storage, with a limit of two recyclable containers.
(5)
Notification that an occupant may be cited and/or fined for
creating a disturbance or for violation of other provisions of the
applicable Borough ordinances, including, but not limited to, parking,
occupancy limits, and noise.
(6)
Notification that short-term rental occupants and guests are
required to make the dwelling unit available for inspection by the
Enforcement Officer upon request.
(7)
The
daytime phone number for the Cornwall Borough Police and the dispatch
number when the Cornwall Police Department is unavailable for daytime
phone calls. The current numbers are:
(8)
The
phone number for a local hospital, emergency room, and ambulance service.
G.
At the time of a request for a rental license, the applicant shall
provide confirmation that the applicant has taken all action to register
with the Lebanon County Treasurer to enable the applicant to pay the
hotel room rental tax imposed by Lebanon County. No rental license
for the short-term rental unit shall be issued until the applicant
presents such confirmation or registration.
H.
No short-term rental license shall be issued for a dwelling unit
that is adjacent to a lot in which another short-term rental is located.
Any short-term rentals which were adjacent to another short-term rental
as of December 31, 2021, shall be permitted to continue unless there
is a thirty-day lapse at the expiration of a current rental license,
in which case the provisions of this subsection shall apply. All adjacent
short-term rentals as of December 31, 2021, are on file with the Borough
office.
[Amended 12-12-2022 by Ord. No. 228]
I.
The owner shall, upon notification that the occupants of the short-term
rental unit have created unreasonable noise or disturbances, engage
in disorderly conduct or violated provisions of Mount Gretna Borough
ordinances or state law pertaining to noise or disorderly conduct,
properly use their best effort to prevent a recurrence of such conduct
by those occupants or guests.
J.
Any overnight occupancy of recreational vehicles, campers, trailers,
and tents at the property where the short-term rental is located shall
not be allowed. Outdoor overnight sleeping of occupants or guests
of the short-term rental is prohibited.
A.
It shall
be the duty of each occupant and tenant of a residential rental unit
to use the trash and recyclables collection services as instructed
by the owner to include placing trash and recyclables for regular
pickup.
B.
It shall
be the duty of each tenant to ensure that no unauthorized occupants
reside in a residential rental unit unless approved by the owner.
C.
It shall be the duty of each tenant and occupant to abide by ordinances of Mount Gretna Borough, particularly the refuse, noise, and parking ordinances, Codified Ordinances Chapter 155, Solid Waste, Article I, Chapter 118, Noise, and Chapter 181, Vehicles and Traffic. The ordinances may be reviewed at the Borough website, http://borough.mountgretna.com. Rental occupants or guests shall not engage in disorderly conduct or disturb the peace and quiet of any nearby neighborhood or persons by loud, unusual or excessive noise, tumultuous or offensive conduct, public indecency, threatening, quarreling, challenging to fight, or fighting, or creating a dangerous or physically offensive condition.
[Amended 12-14-2021 by Ord. No. 224]
D.
A tenant
may not sublease all or a portion of the residential rental unit.
[Added 12-14-2021 by Ord. No. 224]
E.
All fireworks
on the premises or within the Borough of Mount Gretna are prohibited.
[Added 12-14-2021 by Ord. No. 224]
F.
All open
burning, except an approved charcoal grill for purposes of cooking,
is prohibited.
[Added 12-14-2021 by Ord. No. 224]
G.
Organized
high stakes gambling is prohibited.
[Added 12-14-2021 by Ord. No. 224]
H.
Time-shares
are prohibited.
[Added 12-14-2021 by Ord. No. 224]
[Amended 12-14-2021 by Ord. No. 224; 12-12-2022 by Ord. No. 228]
Residential rental licenses shall not be transferred. No rentals
shall occur on a sale or transferred property until such time as an
approved inspection, the issuance of a certificate of occupancy, and
a new rental license has been issued by the Borough.
A.
If the
rental license and property are in the name of a husband and wife
and there is a divorce and one party retains the property, this would
not be considered a transfer. If the residential license is in the
name of a husband and wife and one of the parties passes away, this
would not be considered a transfer.
B.
If a new
owner intends to seek a new short-term rental license, the new owner
shall seek a residential rental license for each residential unit
within 30 days of the date of the sale or transfer.
C.
If the
owner of a rental license passes away and there is a will devising
the rental license property to heirs set forth in said will, the estate
would have 120 days in which to transfer the property to the heirs
set forth in the will and apply for a rental license, and a new rental
license be issued to the decedent's heirs within said time period.
The property could not be used as a short-term rental until a new
license is issued by the Borough. Borough Council may extend the time
period set forth herein upon written request from the estate, which
extension would be at the discretion of Borough Council.
D.
If the
property is transferred by the short-term rental license holder to
a relative and the property is adjacent to another short-term rental,
the adjacency would continue with the relative, provided a new application
was made to the Borough within 30 days of the transfer to the relative.
The property could not be used as a short-term rental until a new
license is issued by the Borough. If an owner does not seek a new
short-term rental license as set forth in this section within 30 days
of the transfer, or 120 days as set forth from the estate, and the
property is adjacent to another short-term rental, the adjacency provision
is void as it applies to the rental property.
A.
Any appropriate
Borough official is authorized to initiate enforcement actions against
owners, managers, tenants and/or occupants for any violation of this
article.
B.
If the
appropriate Borough official discovers a violation of this article,
he/she shall send written notice upon the owner, manager, tenant and/or
occupant, whomever is in violation of this article, which shall identify
the residential rental unit in question, provide a detailed description
of the violation, set forth a description as to what is required to
correct the violation and afford five days to correct the violation.
C.
The enforcement
notice shall be served upon the owner, manager, tenant or occupant,
whomever is in violation of this article, by personal service, or
service by certified or registered mail, return receipt requested.
E.
The appropriate
Borough official may also deny or revoke a residential rental license
if the owner does not provide his/her current name, address, e-mail
address, if available, and phone number, including a twenty-four-hour
emergency phone number, and, if applicable, the name, address, e-mail
address, if available, and phone number of the manager, does not tender
the annual registration fee, or does not correct or ensure a correction
of a violation of this article within five days of written notification
of the violation by the appropriate Borough official. Written notification
shall occur by personal service or by sending the owner or, if applicable,
manger by certified mail, return receipt requested, restricted delivery.
The notification shall identify the residential rental unit, the grounds
for the denial or revocation, citing the factual circumstances and
section of this article supporting such determination and advise the
owner of the right to appeal the denial or revocation of the residential
rental license to Borough Council.
F.
Borough
Council or its authorized agent may reinstate a residential rental
license if the owner or manager corrects the reason for the revocation
of the residential rental license and has paid the residential rental
license reinstatement fee as set by resolution adopted by Borough
Council.
[Amended 12-14-2021 by Ord. No. 224]
[Amended 12-14-2021 by Ord. No. 224]
An appeal of the appropriate Borough official's decision may
be taken to Borough Council. An appeal shall be made, in writing,
within 10 days after such decision of the appropriate Borough official
has been made and delivered to the offending party. The appeal shall
be verified, shall state the grounds for an appeal and shall be filed
with the Borough Secretary at the Borough office. The appeal shall
be accompanied by an appeal fee which shall be set by a resolution
adopted by Borough Council. The appellant or his/her representative
shall have the right to appear and be heard. Borough Council shall
render a written decision within 10 days following the hearing. The
decision shall be in writing and provided to the appropriate Borough
official and appellant. A pending appeal shall stay a suspension of
the owner's residential rental license.
A.
It shall be a violation for any person to fail to comply with any section of this article that is not corrected as set forth in § 137-7 herein and after appeal rights have been exhausted pursuant to § 137-8.
[Amended 12-19-2018 by Ord. No. 213]
(1)
The marketing of a short-term rental in which the advertised occupancy
of a tenant and/or day guest and time limit for day guests and public
street parking requirements permitted by this article or which promotes
any other activity which is prohibited by this article shall be a
violation of this article.
[Amended 12-14-2021 by Ord. No. 224]
(2)
If the premises are owned by more than one owner, each owner shall
be severally subject to violation of this article.
B.
An owner,
manager, occupant, or tenant determined to be in violation of this
article may be subject to the following:
(1)
This
article shall be enforced by action brought before a Magisterial District
Judge in the same manner provided for the enforcement of summary offenses
under the Pennsylvania Rules of Criminal Procedure. The Borough Solicitor
may assume charge of the prosecution. Any person, partnership, corporation,
or other entity who or which violates or permits a violation of the
provisions of this article shall, upon conviction in a summary proceeding,
pay a fine of not less than $200 nor more than $1,000 per violation,
plus all court costs and reasonable attorney's fees incurred by the
Borough in the enforcement proceedings. Each day or portion thereof
that a violation exists or continues shall constitute a separate violation.
If there are any uncured or repeated violations of this article in
any rolling twelve-calendar-month period, the fine shall be increased
by $200, $300, and $400 for each subsequent repeat violation.
[Amended 12-14-2021 by Ord. No. 224]
(2)
The
violator shall be required to pay all administrative costs and counsel
fees and expenses associated with the Borough's enforcement of this
article.
C.
Nonexclusive
remedies. The penalty provisions set forth herein shall not limit
the appropriate officers or agents of the Borough to seek legal or
equitable relief in the Court of Common Pleas of Lebanon County, including
an injunction to enforce compliance with this article.
[Amended 12-14-2021 by Ord. No. 224]
D.
The penalty provisions set forth herein shall not limit enforcement
of any Borough ordinance or Pennsylvania state statute by the Cornwall
Borough Police, who are authorized to enforce Borough and state laws
within the Borough.
[Added 12-14-2021 by Ord.
No. 224]
E.
In addition, but not limited to any of the above provisions, the
Borough may either revoke, or deny an application to renew, a short-term
rental permit for three uncured or repeated violations of this article
in any rolling twelve-calendar-month period. The revocation, suspension,
or denial to renew a short-term rental permit as a result of the three
uncured repeated violations set forth therein shall be at the sole
discretion of Borough Council.
[Added 12-14-2021 by Ord.
No. 224]
F.
The ownership of rental properties by affiliated entities or common
ownership of multiple entities shall be considered one in the same
owner, and all closely related family members shall be considered
as one owner. For purposes of violation of this article, it shall
include where there are three uncured or repeated violations in a
rolling twelve-calendar-month period by affiliated entities of common
ownership as set forth herein involving multiple rental properties
shall be considered to be violated by one owner.
[Added 12-14-2021 by Ord.
No. 224]
G.
Any repeated violation of Mount Gretna Borough ordinances or state
statutes by an owner or tenant resulting in a summary conviction before
a District Magistrate as a result of summary proceedings filed by
Cornwall Borough Police shall be considered a violation of this article.
Where there are three uncured or repeated violations by owners in
a rolling twelve-calendar-month period, it shall cause a revocation,
suspension, or denial to renew a short-term rental permit.
[Added 12-14-2021 by Ord.
No. 224]
H.
Street parking by permit only with each dwelling having a permit
for two vehicles only. All other street parking is subject to tickets
and fines being issued by the Cornwall Borough Police Department.
[Added 12-14-2021 by Ord.
No. 224]
A.
This article
shall be governed by, and shall be construed in accordance with, the
laws of the Commonwealth of Pennsylvania. Venue of this article lies
within Lebanon County, Pennsylvania.
B.
If any
provision of this article shall be determined or declared to be void
or invalid in law or otherwise, then only that provision shall be
stricken from this article and in all other respects this article
shall be valid and continue in full force and effect.
C.
This article
shall be accepted immediately upon enactment.
D.
In the
interest of promoting the public health, safety and welfare, and minimizing
the burden on Borough and community services and impact on residential
neighborhoods posed by short-term rentals, violation of any provisions
of this article is declared to be a public nuisance.
[Added 12-14-2021 by Ord. No. 224]
