[Adopted 4-25-2007 by Ord. No. 4954 (Art.
1727 of the 1965 Codified Ordinances)]
A.
Purposes. This article is intended to serve the following
purposes:
(1)
To assist the City of Easton (the "City") in protecting
and promoting the public health, safety and welfare of its citizens;
(2)
To establish rights and obligations of owners and
occupants relating to the rental of certain residential units in the
City of Easton and to seek that owners and occupants properly maintain
rental housing within the City;
(3)
To ensure that owners, managers and occupants share
responsibilities to comply with codes, to prevent overcrowding, and
to avoid nuisances for neighboring residents; and
(4)
To provide for a system of inspections and for issuance
and renewal of licenses and to establish penalties for violations.
B.
Findings. In considering the adoption of this article,
the City of Easton makes the following findings:
(1)
This article is enacted under the authority of the
Third Class City Code of Pennsylvania.
(2)
There is a greater incidence and greater severity
of violations of various codes of the City at rental residential properties
than at owner-occupied residential properties.
(3)
There is a greater incidence of problems with the
maintenance and upkeep of rental residential properties than at owner-occupied
residential properties.
(4)
There is a greater incidence of disturbances which
adversely affect the peace and quiet of the neighborhood at rental
residential properties than at owner-occupied residential properties.
(5)
A systematic inspection process can avoid life-threatening
problems, such as a lack of functioning smoke detectors.
[Amended 5-14-2008 by Ord. No. 5091; 4-10-2019 by Ord. No. 5674]
A.
BUSINESS DAYS
CITY
CODE
CODE ENFORCEMENT OFFICER
COMMON AREA
DISRUPTIVE CONDUCT
(1)
(a)
(b)
(c)
(d)
(e)
(2)
DISRUPTIVE CONDUCT REPORT
DWELLING
DWELLING UNIT
GUEST
LANDLORD
MANAGER
MONTH
MULTIUNIT BUILDING
OCCUPANT
OWNER
OWNER-OCCUPIED DWELLING UNIT
PERSON
POLICE
PREMISES
REGULATED RENTAL UNIT
(1)
(2)
(a)
(b)
RENTAL AGREEMENT
RESIDENTIAL RENTAL LICENSE
ROOMING HOUSE UNIT
TENANT
UNRELATED PERSONS
As used in this article, the following terms shall have the following
meanings. If a term is not defined in this article, but is defined
in the Property Maintenance Code of the City of Easton or Construction
Code,[1] then that definition shall apply to this article. If a term is not defined in any of those codes, but is defined in Chapter 595, Zoning, of the City's Code, then the definition in such chapter shall apply to this article.
Days in which the offices of the City of Easton are open
for public business.
The City of Easton, Northampton County, Pennsylvania.
Any code or ordinance adopted, enacted and/or in effect in
and for the City of Easton concerning fitness for habitation or the
construction, maintenance, operation, occupancy, use, vermin or rodent
control, or public health matters of any premises or dwelling unit.
This shall include, but not be limited to, the City's Existing Structures
Code,[2] the Electrical Code, the construction codes, solid waste
and water ordinances, public health ordinances, and noise control
ordinances.
The duly appointed Code Enforcement Officer(s), Code Compliance
Officer(s), Rental Compliance Officer, or other individual having
the duty to enforce this article, the City's Existing Structures
Code[3] and other codes and ordinances of the City of Easton.
In multiunit buildings, space which is not part of an individual
regulated rental unit and which is shared among occupants of the dwellings.
Common areas shall be considered as part of the premises for purposes
of this article.
A form of conduct, action, incident or behavior
perpetrated, caused or permitted by an occupant or guest of a regulated
rental unit that:
Is a violation of ordinances of the City of
Easton and that is so loud, untimely as to time of the day, offensive
and/or nuisance-causing that it unreasonably interferes with the peaceful
enjoyment by other persons of their premises or causes damage to property
that is owned by others;
Involves music or noise that is disruptive to
persons occupying a different dwelling unit;
Involves music that is audible from a street,
sidewalk or dwelling from a minimum distance of 40 feet away from
the premises where the sound is originating;
Is the subject of a criminal citation for disorderly
conduct; or
Is the subject of a criminal citation under
the Pennsylvania Crimes Code or the Pennsylvania Liquor Code.
Upon prosecution of any of the activities described
above that is defined as "disruptive conduct," and a determination
of guilt, either by plea of the individual accused or determination
by the Magisterial District Judge or the Court, a copy of that disposition
is to be sent to the owner or manager along with a copy to the Office
of Residential Rental Properties Licensing and Inspection.
A written report of "disruptive conduct" that is completed
by a police officer who investigated the matter.
A building including one or more dwelling units.
A residential living area for one household that is used
for living and sleeping purposes and that has its own cooking facilities
and a bathroom with a toilet and a bathtub and/or shower.
A person on the premises of a regulated rental unit with
the actual or implied consent of an occupant.
This term shall have the same meaning as "owner."
An adult individual designated by the owner of a regulated
rental unit under this article. The manager shall be the agent of
the owner for service of process and receiving notices or demands
and to perform the obligation of the owner under this article and
under rental agreements with occupants.
A period of time between the same dates in successive calendar
months, ranging between 28 and 31 days.
A building containing two or more dwelling units that are
not completely separated from each other by vertical party walls.
An individual who resides in a regulated rental unit.
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 present use and enjoyment
of the premises, including but not limited to a mortgage holder who
is in possession of a regulated rental unit.
A dwelling unit in which at least one owner of record of
the property resides as his/her primary dwelling.
A natural person, partnership, corporation, unincorporated
association, limited partnership, trust, or any other entity.
Sworn law enforcement officers of the Police Department of
the City of Easton or the Pennsylvania State Police.
Any parcel of real property in the City, including the land
and all buildings and structures, on which one or more regulated rental
units is located.
Any improved structure or portion of a structure within the
City which is not: a) an owner-occupied dwelling unit and b) exempted
by this article from needing a residential rental license.
Regulated rental units include, but are not limited to the following:
any living quarters or accommodations in any hotel, apartment hotel,
motel, resort motel, apartment, apartment motel, rooming house, mobile
home, mobile home park, mobile home space, recreational vehicle park,
town home, or condominium and for which the owner and/or landlord
receives any value or consideration, including but not limited to
money, or the exchange of goods or services, regardless of the relationship
between lessor and lessee. A college fraternity or sorority used for
residential purposes shall be considered regulated rental units unless
it is within a dormitory that is owned by a college. "Regulated rental
unit" shall include both long-term and short-term regulated rental
units.
LONG-TERM REGULATED RENTAL UNITRegulated rental unit which the owner and/or landlord rents or leases for a term greater than one month.
SHORT-TERM REGULATED RENTAL UNITRegulated rental unit which the owner and/or landlord rents or leases for a term not exceeding one month.
A written agreement or other legally enforceable agreement
between owner and tenant embodying the terms and conditions concerning
the use and occupancy of a specified regulated rental unit.
The license issued, subsequent to an inspection of the premises
by the Code Enforcement Officer, to the owner of regulated rental
units under this article, which is required in order to lawfully rent
and occupy regulated rental units. Until a rental unit has been inspected
and a license issued, the residential rental license shall be considered
a residential rental registration.
A living unit that does not meet the definition of a dwelling
unit and that is not within a City-permitted hotel or bed-and-breakfast
inn.
An occupant of a regulated rental unit with whom a legal
relationship with the owner is established by a lease or other enforceable
agreement under the laws of the Commonwealth of Pennsylvania.
Two or more persons who reside in a dwelling unit and who
are not related to each other through blood, adoption, marriage or
formal foster relationship. A person who is only related as a cousin
shall be considered unrelated for the purposes of this article. The
term "related" shall be restricted to the following relationships:
spouse, parent, child, sister, brother, grandchild, great grandchild,
grandparent, great grandparent, aunt, uncle, or any of these same
relationships in a "step-" or "in-law" situation.
[1]
Editor's Note: See Ch. 435, Art. I, Property Maintenance Code of the City of Easton (which was formerly entitled "Existing Structures Code," but was amended in its entirety 8-26-2015 by Ord. No. 5513 to reference the "International Property Maintenance Code, 2009 edition as amended," rather than the "BOCA National Existing Structures Code/1987, as amended") and Ch. 245, Art. II, Uniform Construction Codes, respectively.
A.
General.
(1)
It shall be the duty of every owner to keep and maintain all regulated rental units in compliance with the City of Easton Code Chapter 435, Property Maintenance and Housing Standards, and all other applicable codes, standards and laws, and to keep such property in good and safe condition.
[Amended 8-26-2015 by Ord. No. 5513; 9-13-2017 by Ord. No. 5602]
(2)
As provided for in this article, every owner shall
be responsible for regulating the proper and lawful use and maintenance
of every dwelling which he, she or it owns. Every owner shall be responsible
to act to minimize disruptive conduct, through the rental contract
and through its enforcement of leases, on the premises by the occupants
of regulated rental units.
(3)
A residential rental license or registration is required by § 456-18 for each regulated rental unit. If a valid license or registration has not been issued, or the license has been revoked, then the rental unit shall not be rented for residential use. If a regulated rental unit is rented for residential use without a valid residential rental license or registration, such action shall be a violation of this article.
(4)
This article shall not be construed as diminishing
or relieving in any way the responsibility of occupants or their guests
for their conduct or activity; nor shall it be construed as an assignment,
transfer or projection over or onto any owner of any responsibility
or liability which occupants or their guests may have as a result
of their conduct or activity under any private cause of action, civil
or criminal enforcement proceeding, or criminal law; nor shall this
article be construed so as to require an owner to indemnify or defend
occupants or their guests when any such action or proceeding is brought
against the occupant based upon the occupant's conduct or activity.
Nothing herein is intended to impose any additional civil/criminal
liability upon owners other than that which is imposed by existing
law.
(5)
This article is not intended, nor shall its effect
be, to limit any other enforcement remedies which may be available
to the City against an owner, occupant or guest thereof.
(6)
The owner and/or owner's agent shall accompany the
Code Enforcement Officer in all scheduled inspections at the property
conducted under this article.
B.
Designation of manager.
(1)
If the owner is not a full-time resident of the City of Easton or
does not live within a thirty-mile radius of the City of Easton, then
the owner shall designate a person to serve as manager who does reside
or work on a daily basis within a thirty-mile radius of the City of
Easton. If the owner is a corporation, limited liability company,
or other business structure, a separate manager shall be appointed
unless an officer of the corporation is appointed as the manager and
such officer lives within a thirty-mile radius of the City of Easton.
If the owner is a partnership, a manager shall be required if a partner
does not reside within a thirty-mile radius of the City of Easton.
Said partner shall perform the same function as a manager. The manager
shall be the agent of the owner for service of process and receiving
of notices and demands, as well as for performing the obligations
of the owner under this article and under rental agreements with occupants.
[Added 9-13-2017 by Ord.
No. 5602; amended 4-10-2019 by Ord. No. 5674]
(a)
If the owner or manager is to be outside of a thirty-mile radius
for 30 days or more for a vacation, work-related trip, or otherwise,
a different person who lives or works on a daily basis within a thirty-mile
radius of the City of Easton shall be designated as manager. The requirements
for the designated person shall remain as specified in this chapter.
(b)
An owner who is a full-time resident of the City of Easton or
does live within a thirty-mile radius of the City of Easton may designate
a person to serve as a manager as set forth in this article.
(2)
The legal name, mailing address, daytime physical
address (not a post office box), and daytime and evening telephone
number(s) of a person who is designated as the manager shall be provided
in writing by the owner to the City, and such information shall be
kept current and updated within five business days after it changes.
(3)
The manager shall be authorized to accept service
of process on behalf of the owner.
(4)
In addition, an owner may designate an agent to serve
all of the same purposes of the owner. If an agent is designated,
then the City is not required to provide separate notice to the owner.
C.
Disclosure. The owner or manager shall disclose to
the occupant in writing on or before the commencement of the tenancy:
the name, address and telephone number of the manager or the name,
address and telephone number of the owner of the premises if a manager
is not required to be designated.
D.
Maintenance of premises.
(1)
The owner shall maintain the premises in compliance with the City of Easton Property Maintenance and Housing Standards, Chapter 435 of the Codes of the City of Easton and shall regularly perform all routine maintenance, including lawn mowing and ice and snow removal, and shall promptly make any and all repairs necessary to fulfill this obligation.
[Amended 8-26-2015 by Ord. No. 5513; 9-13-2017 by Ord. No. 5602]
(2)
However, the owner and occupant may agree that the
occupant is to perform specified repairs, maintenance tasks, alterations
or remodeling if such responsibilities are established in writing.
Such an agreement may be entered into between the owner and occupant
only if entered into in good faith and not for the purpose of evading
the obligations of the owner or occupant.
(3)
The existence of an agreement between owner and occupant
shall not relieve an owner of any responsibility under this article
or other City codes for proper repair and maintenance of a building
or premises.
E.
Rental agreement.
(1)
All rental agreements for regulated rental units shall
be in writing or otherwise legally enforceable.
(2)
The owner and occupant shall not include text in a
rental agreement that is contrary to the provisions of this article
and shall insert such provisions as necessary to facilitate enforcement
of the provisions herein, such as grounds for eviction based on violations
of the disruptive conduct provisions. Nothing herein, however, is
to be construed as to limit the owner's ability to insert more stringent
provisions in establishing the contract with the tenant.
[Amended 5-14-2008 by Ord. No. 5091]
G.
Common areas. The owner shall be responsible to minimize
disruptive conduct by occupants and guests in any common area and
the premises and to maintain proper physical conditions in such areas.
The owner shall be required to ensure that common areas and the outside
premises are in compliance with City codes.
H.
Eviction. In the event there are two determinations of guilt for conduct by any occupant or guest determined to be "disruptive conduct," as set forth in the definition in § 456-15, in a regulated rental unit during the course of any period of 24 consecutive months, the owner is to begin eviction proceedings of the tenant(s) by providing notice to vacate within 15 days of receipt of the second notice of a guilty determination, and proceed to file and prosecute an action for possession against the tenant within 30 days of such notice. Once an eviction is ordered, those occupant(s) shall not be permitted to occupy any area on the same lot for a minimum period of two years. In addition, once an eviction is ordered, those occupant(s) shall not, for a minimum period of two years, be permitted to occupy any dwelling unit or boardinghouse or rooming house unit that is owned by the same person or entity within the City of Easton.
[Amended 8-8-2007 by Ord. No. 4994; 5-14-2008 by Ord. No.
5091]
(1)
Failure of an owner to comply with a notice to vacate
the premises shall result in the suspension or revocation of the residential
rental license and shall be a violation of this article.
(2)
This article shall not limit the ability of an owner
to evict tenants in compliance with state law for reasons other than
violations of this article.
(3)
An owner will not be ruled in violation of this section
in the event of the following:
(a)
Despite a good faith effort to prosecute at
the Magisterial District Judge level, the Magisterial District Judge
rules in tenant's favor during the eviction process; or
(b)
Despite good faith efforts to prosecute an eviction
action, legal action has resulted in a stay or reversal of an eviction
order.
(4)
The Department of Planning and Codes shall maintain a list of occupants
who were ordered to be evicted and the affected addresses. Such list
shall be maintained for a minimum of three years and shall be available
for public review.
[Amended 4-10-2019 by Ord. No. 5674]
(5)
In the event that the occupant or guest accused and
found guilty of disruptive conduct has become the subject of an order
of any type that prohibits that individual from living in or visiting
a regulated rental unit of a tenant (including the spouse of a tenant),
then such action of disruptive conduct will not count against the
maximum of two, provided that the remaining tenant does not allow
such individual reoccupying or visiting the premises.
I.
Code violations. Upon receiving notice of any code violations from
the Department of Planning and Codes, the owner shall take necessary
action, or cause such action to be taken, to eliminate the violation
within the time limit provided on the notice or citation.
[Amended 4-10-2019 by Ord. No. 5674]
(1)
In case the owner of a premises shall neglect, fail or refuse to
comply with any notice from the City or its Department of Planning
and Codes to correct a violation relating to maintenance and repair
of the premises under any code within the period of time stated in
such notice, the City may cause the violation to be corrected by invoking
such remedies available under this article or other 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 residential rental license.
J.
The owner or manager shall allow and schedule inspections by a Code Enforcement Officer of the premises during City business hours, after a minimum of seven calendar days' notice have been provided to the owner or manager. The owner or manager shall provide a minimum of three calendar days' advance notice to at least one adult occupant of each rental unit of the time and date of the inspection. These advance notice requirements shall not apply when the Code Enforcement Officer has reason to believe that an imminent threat to public health and safety may exist. See also § 456-18.
A.
General.
(1)
The occupant shall comply with all obligations imposed
upon occupants by this article, all applicable codes and ordinances
of the City and all applicable provisions of state law.
B.
Health regulations. Occupants shall collect and dispose
of all rubbish, garbage and other waste in a clean and sanitary manner,
and comply with City solid waste and recycling regulations.
C.
Illegal activities. Occupants shall not engage in,
nor tolerate nor permit guests on the premises to engage in, any conduct
declared illegal under any federal criminal statute, and/or 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 illegal
sale or distribution of controlled substances under the Controlled
Substance, Drug, Device and Cosmetic Act (35 P.S. § 780-101
et seq.), or their successor laws.
D.
Disruptive conduct. (See definition in § 456-15.)
(1)
Occupants shall not engage in, nor tolerate nor permit
guests on the premises to engage in, disruptive conduct, or other
violations of this article.[1]
[1]
Editor's Note: Original Subsections 1727.04(d)(2),
(3) and (4), which immediately followed this subsection, were repealed
5-14-2008 by Ord. No. 5091.
(2)
If a citation is issued and successfully prosecuted
or a guilty plea entered before a Magisterial District Judge, such
citation may automatically be considered a disruptive conduct report.
However, if an appeal of a citation is filed from a decision of a
Magisterial District Judge, the matter shall not be deemed to constitute
disruptive conduct unless a finding of guilty is affirmed by a final
decision on appeal.[2]
[2]
Editor's Note: Original Subsection 1727.04(e),
Damage to premises, which immediately followed this subsection, was
repealed 5-14-2008 by Ord. No. 5091.
A.
License requirement.
(1)
A residential rental license shall be required for all regulated
rental units. By August 15 each year, the owner or his duly authorized
agent shall be required to register each regulated rental unit. For
a rooming house, a single license is allowed for all units within
a rooming house building. Beginning January 1, 2020, regulated rental
units shall be registered as follows: College Hill, March 15 each
year; Downtown, May 15 each year; South Side, July 15 each year; West
Ward, September 15 each year.
[Amended 8-8-2007 by Ord.
No. 4998; 7-11-2018 by Ord. No. 5647; 4-10-2019 by Ord. No. 5674]
(a)
A residential rental license shall not be issued or renewed
until:
[1]
A business license has been obtained;
[2]
All overdue real estate taxes, water, sewage and garbage/rubbish
collection fees that are owed to the City of Easton or its authorities
or assignees or lessees have been paid in full; and
[3]
The owner has provided information concerning a manager, if
applicable, and has provided a list of names of occupants age 18 or
older.
[4]
Passed the required inspection(s).
(2)
The following shall not be considered regulated rental
units for the purposes of this article:
(a)
Owner-occupied dwelling units, provided that
not more than two unrelated individuals, in addition to the owner
and his/her relatives, occupy the dwelling unit at any given time.
(b)
Hotels and motels used for transient visitors
to the area, but without units that serve the same purposes as rooming
house units.
(c)
Hospitals and state-licensed nursing homes and
personal care homes.
(e)
One dwelling unit that is on the same lot as
a second dwelling unit, provided the two dwellings are only occupied
by the owner and persons who are related to the owner.
(f)
On-campus dormitories owned by an accredited
college or university.
(3)
Housing Authority. Dwellings owned by the Housing Authority shall
be required to comply with requirements of this article.
[Amended 7-11-2018 by Ord. No. 5647]
(4)
The registration of each residential rental unit shall
be executed on a form provided by the City.
(5)
The owner or manager shall:
(a)
Maintain a current list of all occupants age
18 or older in each regulated rental unit, which shall include their
name, address and telephone number;
(b)
Furnish such list to the City annually in writing
with license/registration renewal of each year; and
(c)
Notify the City in writing of any changes in
the number or names of occupants age 18 or older within 30 days after
a change.
B.
Registrations, licenses and fees.
(1)
Each residential rental registration shall have an annual term, and
each regulated rental unit shall be subject to a minimum of at least
one inspection every four years, based upon a schedule established
by the Chief Codes Enforcement Administrator. A rental license shall
only be issued after passing the required inspection(s).
[Amended 4-10-2019 by Ord. No. 5674]
(a)
The Chief Codes Enforcement Administrator shall establish four
geographic areas and require that regulated rental units in each of
those geographic areas be made available for inspection in the designated
year and then reinspected on a schedule of one inspection every four
years. The City is not obligated to complete all inspections within
this schedule. If the City, through no fault of the owner, manager
or tenant, was not able to complete an inspection in a regulated rental
unit in the designated year, the City may inspect the unit in one
or more following years.
(b)
A rental license may be suspended or revoked for noncompliance
with this chapter.
(2)
Upon registration of each residential rental unit,
each applicant shall pay to the City an annual registration fee.
(a)
The annual fee for a residential rental unit shall be as stated in Chapter 285, Fees. The fee for a calendar year shall be paid by August 15 of each year. If the annual fee is not paid by August 15, an additional fee as stated in Chapter 285, Fees, shall apply. A registration of each residential rental unit must be received by the City no later than October 15 of each year. The registration fee is intended to cover the City's actual costs for administering the program and for inspections and related vehicle, office, administrative and overhead expenses. Beginning January 1, 2020, the annual fee for a calendar year shall be paid by March 15 of each year for College Hill properties, May 15 for Downtown properties, July 15 for South Side Properties, and September 15 for West Ward properties. If the annual fee is not paid by the aforementioned dates, an additional fee as stated in Chapter 285, Fees, shall apply. The registration of each residential rental unit must be received by the city no later than May 15 of College Hill properties, July 15 for Downtown properties, September 15 for South Side properties, and November 15 for West Ward properties.
[Amended 8-8-2007 by Ord. No. 4998; 4-10-2019 by Ord. No. 5674]
(b)
Subsequent to the initial inspection as required
by this article and relative to the violations, a re-check inspection,
if so required, will be executed by the Code Enforcement Officer at
no additional cost.
(c)
If a second inspection is needed for a dwelling unit or rooming house unit because the unit was found to be in violation of City codes during both the initial inspection and subsequent re-check inspection, then an additional fee as stated in Chapter 285, Fees, shall apply. For each subsequent inspection that is needed in any four-year period, an additional fee as stated in Chapter 285, Fees, shall apply.
(d)
The fee to reinstate a revoked residential rental license shall be as stated in Chapter 285, Fees, per dwelling unit or per rooming house building.
(e)
The fees provided in Chapter 285, Fees, may be revised by ordinance of City Council.
[Amended 2-11-2009 by Ord. No. 5180]
(f)
A residential rental license shall not be issued
or renewed if the owner has not paid any fines and costs arising from
enforcement of this article or any codes of the City of Easton relating
to land use and/or code enforcement or if any licensing fees under
this article are past due to the City.
(3)
A license or inspection by itself shall not warrant
that a rental unit is lawful, safe, habitable or in compliance with
all City codes.
C.
Inspection.
(1)
Each regulated rental unit shall be subject to inspection
by the Code Enforcement Officer or another duly authorized agent of
the City under the schedule outlined in this article.
(a)
Rooming houses and short-term regulated rental units shall be
subject to inspection by the Code Enforcement Officer at least once
per year.
[Added 4-10-2019 by Ord.
No. 5674]
(2)
City Code Enforcement Officers or other duly authorized agents of
the City are the officials authorized to enforce this article and
to take appropriate measures to abate violations hereof for and on
behalf of the City of Easton.
[Amended 7-11-2018 by Ord. No. 5647]
(3)
This article shall not be construed as to limit the
Code Enforcement Officer's authority to conduct inspections or enforcement
actions under other City codes or to require that a property be made
available for inspection whenever there is probable cause that a violation
of City codes may be present.
(4)
To minimize disruption to occupants, owners and managers
are encouraged to ask to attempt to schedule inspections during times
when a rental unit is unoccupied between tenants.
D.
Warrant. Within the limitations of federal and state
law, a Code Enforcement Officer may apply to a Magisterial District
Judge having jurisdiction for an administrative search warrant to
enter and inspect a regulated rental unit and the premises. Such warrant
is only required where access to a regulated rental unit or common
areas is denied to the Code Enforcement Officer after a request.
A.
General. A Code Enforcement Officer may initiate the
following enforcement actions against an owner for violating any provision
of this article that imposes a duty upon the owner and/or for failing
to regulate the breach of duties by occupants as provided for herein.
B.
Responses to violations of this article and other
City codes.
(1)
Notice of violations. At the time of the initial inspection,
the Code Enforcement Officer shall provide to the owner or manager
the written notification of violations of City codes and require that
violations be corrected within a reasonable maximum time period as
established by the Code Enforcement Officer. The written notification
shall be electronic (such as e-mail) or printed.
[Amended 7-11-2018 by Ord. No. 5647; 4-10-2019 by Ord. No. 5674]
(a)
A Code Enforcement Officer may determine that
the rental unit is unfit for human habitation, in which case it shall
be vacated and remain vacated until such situation is corrected.
(b)
For serious violations that do not require the
property to be immediately vacated, a Code Enforcement Officer may
require that the violations be corrected within 24 hours or another
time period stated on the notice.
(2)
Nonrenewal. A Code Enforcement Officer shall delay
or deny the renewal of a residential rental license if there are outstanding
violations of City codes for that rental unit that have not been corrected
at the time of license renewal. If the violations are not a threat
to the safety of occupants or other members of the public, a Code
Enforcement Officer shall permit the current occupants to continue
to reside in the premises for a reasonable period of time established
by a Code Enforcement Officer in the notice of nonrenewal, with the
time limit removed when the violations of City codes are corrected.
(3)
Revocation. The immediate revocation of the license
to rent a regulated rental unit shall occur if a Code Enforcement
Officer determines that violations of City codes present a threat
to the safety of occupants or other members of the public. Such revocation
shall occur until violations of City codes are corrected and the property
has been reinspected. Upon revocation, the owner shall take immediate
steps to evict the occupants and/or to locate alternative housing
for the occupants.
(a)
A Code Enforcement Officer may revoke the license
to rent a regulated rental unit if the owner or his/her designated
manager are not available or do not respond to contacts by a Code
Enforcement Officer, or if the name and contact information for the
owner or manager are no longer valid, or if the manager no longer
represents the owner.
(b)
A Code Enforcement Officer may revoke the license to rent a
regulated rental unit if there are overdue real estate taxes, water,
sewage and garbage/rubbish collection fees that are owed to the City
of Easton or its authorities or assignees or lessees.
[Added 7-11-2018 by Ord.
No. 5647]
(4)
Reinstatement. A residential rental license shall
be reinstated if the owner of a regulated rental unit corrects the
reason for the revocation of the residential rental license and has
paid the residential rental license reinstatement fee.
C.
Criteria for applying penalties.
(1)
The Code Enforcement Officer, when deciding upon the
penalties provided in this article, shall consider the following:
(a)
The effect of the violation on the health and
safety of occupants of the regulated rental unit, other residents
of the premises, and neighboring residents.
(b)
Whether the owner has prior violations of this
article and whether those violations were satisfactorily corrected
in a timely manner.
(c)
The effect of penalties upon the occupants,
particularly when the occupants did not cause the violation.
(d)
The actions taken by the owner to remedy the
violation and to prevent future violations, including any written
plan submitted by the owner and good faith efforts of the owner to
bring the property into compliance.
D.
In addition to enforcing penalties set forth above,
a Code Enforcement Officer may establish reasonable conditions upon
a residential rental license that will fulfill the purposes of this
article.
E.
Grounds for imposing penalties. Any of the following
may subject an owner to penalties as provided for in this article:
(1)
Failure to register a residential rental unit by the
date as set forth in this article.
(2)
Failure to abate a violation of City codes and ordinances
that apply to the premises within the time directed by the Code Enforcement
Officer.
(3)
Refusal to permit the inspection of the premises by
a Code Enforcement Officer as required by this article.
(4)
Failure to take steps to remedy and prevent violations
of this article by occupants of regulated rental units as required
by this article.
(5)
Failure to evict occupants after having been directed
to do so by a Code Enforcement Officer as provided for in this article.
(6)
Failure to comply with any provisions of this chapter.
[Added 4-10-2019 by Ord.
No. 5674]
F.
Notifications for failure to register a residential
rental unit or to be granted a license and nonrenewal or revocation
of license. Following a determination that a residential rental unit
has not been registered or that grounds for not granting a license,
nonrenewal or revocation of a license exist, a Code Enforcement Officer
shall notify the owner or manager of the action to be taken and the
reason therefor.
(1)
Such notification shall be in writing, addressed to the owner or
manager in question, sent by certified mail and a Code Enforcement
Officer shall post the notice at a conspicuous place on the premises,
and shall contain the following information:
[Amended 4-10-2019 by Ord. No. 5674]
(a)
The address of the premises in question and
identification of the affected regulated rental unit(s).
(b)
A description of the violation which has been
found to exist.
(c)
A statement that the residential rental unit
has not been registered, or that the license for said residential
rental unit(s) will not be granted, shall be revoked, or will not
be renewed for the next license.
(d)
Time deadlines shall be provided in the notice.
(e)
Information regarding the appeal process.
(2)
The City shall not be responsible for failing to provide
notice where the owner has not provided an up-to-date name and address
for the owner or the manager for the rental unit.
(3)
For purposes of this article, any notice required
hereunder to be given to a manager shall be deemed as notice given
to the owner.
(4)
There shall be a presumption that any notice required
to be given to the owner under this article shall have been received
by such owner if the notice was given to the owner in the manner provided
by this article.
(5)
A claimed lack of knowledge by the owner of any violation
hereunder cited shall not be a defense to rental license nonrenewal,
suspension or revocation or an eviction order as long as all required
notices involving such proceedings have been sent to the last known
address of the owner.[1]
[1]
Editor’s Note: Former Subsection E(5)(a), concerning
returned notices, was repealed 4-10-2019 by Ord. No. 5674.
G.
Appeals.
(1)
Any person affected by a decision, notice or order of a Code Enforcement Officer under this article shall have the right to appeal to the City of Easton Property Maintenance Board of Appeals. An application for appeal may be made when it is claimed that the provisions of this article have been improperly applied or administered or that factual errors were made by the Code Enforcement Officer, or for such other grounds under this article as the applicant may allege. A written application for appeal is required to be filed within 10 days after the day the decision, report, notice or order was received or served. A fee as specified in Chapter 285, Fees, shall be paid in advance by the person requesting the hearing for each appeal to the Property Maintenance Board of Appeals.
[Amended 2-11-2009 by Ord. No. 5180; 9-13-2017 by Ord. No. 5602]
(2)
The Property Maintenance Board of Appeals shall also hear all appeals
of enforcement matters under the City of Easton's Property Maintenance
Code. The appeal provisions in such code are hereby included by reference.
[Amended 9-13-2017 by Ord. No. 5602]
(3)
The Property
Maintenance Board of Appeals is hereby established and shall consist
of five members who are appointed by the Mayor of Easton, with confirmation
required by City Council. No more than two members shall be employees
of the City of Easton. A minimum of one member shall own rental housing
in the City of Easton. The members shall serve staggered three-year
terms, with at least one term ending each year.
(a)
A minimum of three votes shall be needed in
any action by the Board. A two-to-two vote shall be considered to
have been an affirmation of the determination of the Code Enforcement
Officer.
[Amended 5-14-2008 by Ord. No. 5091]
(b)
Two alternate members of the Property Maintenance
Board of Appeals may also be appointed by the Mayor, who may be named
by the Chairman of the Board to serve when regular members are unable
to serve.
(c)
Decisions of the Property Maintenance Board
of Appeals may be appealed to the Court of Common Pleas, provided
a notice of appeal is filed in writing with the City's Solicitor's
office within 30 days after a party's receipt of the decision of the
Property Maintenance Board of Appeals.
(d)
The Property Maintenance Board of Appeals shall
have the authority to elect its own officers and to establish and
revise bylaws for its own procedures, actions and meetings.
(e)
Decisions of the Property Maintenance Board
of Appeals shall be provided in writing to the Chief Codes Enforcement
Administrator and to the last known address of the owner, the manager,
if applicable, and the affected occupant within 10 days after the
conclusion of a hearing on a matter.
(f)
Any compensation for the members of the Property
Maintenance Board of Appeals shall require approval by City Council.
(g)
A stenographic record is not required for meetings
of the Property Maintenance Board of Appeals. Minutes shall be maintained,
and a tape recording of meetings may occur.
(4)
Other boards. The City of Easton Board of Health shall continue to hear appeals concerning health regulations. The City of Easton Zoning Hearing Board shall continue to hear appeals concerning the Zoning Ordinance. The City of Easton Code Board of Appeals shall continue to hear appeals as provided in Chapter 245, Article II, Uniform Construction Codes, of the Code of the City of Easton.
A.
Basis for violation. It shall be unlawful for any
person, as either owner or manager of a regulated rental unit, to
operate without a valid, current residential rental registration or
license issued by the City authorizing such operation. It shall also
be unlawful for any person, either owner or manager, to allow the
number of occupants of a regulated rental unit to exceed the maximum
number allowed by City codes, or to violate any other provision of
this article. It shall be unlawful for any owner, manager or occupant
to violate this article.
B.
Penalties.
(1)
The penalties and remedies for a violation of the Property Maintenance
Code of the City of Easton[1] shall be as established in such code.
[1]
Editor's Note: Ordinance No. 5513, adopted 8-26-2015, provided that all references to the "BOCA National Existing Structures Code/1987 as amended," be replaced with "the International Property Maintenance Code, 2009 edition as amended." See Ch. 435, Art. I, Property Maintenance Code of the City of Easton.
(2)
Any person, firm or corporation who shall violate any provision of
this code shall, upon conviction thereof, be subject to a fine not
exceeding $1,000 and costs, or imprisonment for a term not to exceed
90 days, or both, at the discretion of the court. Each day that a
violation continues after due notice has been served, in accordance
with the terms and provisions hereof, shall be deemed a separate offense.
[Amended 7-11-2018 by Ord. No. 5647]
(3)
In addition, an eviction of occupants of a regulated
rental unit may be required under provisions of this article, and
the residential rental license that grants the privilege to rent a
regulated rental unit may be revoked, suspended or withdrawn.
C.
Nonexclusive remedies. The penalty provisions of this
article and the license nonrenewal, suspension and revocation procedures
provided in this article shall not limit the ability of the City to
enforce other City ordinances and to utilize the penalties, remedies
and procedures provided under such other City ordinances and state
law.
A.
Changes in ownership/occupancy.
(1)
Each owner of a regulated rental unit shall notify
the Code Enforcement Officer in writing within five business days
after any change in ownership of the premises or of the number of
regulated rental units on the premises and to submit new contact information.
(2)
The owner shall notify the Code Enforcement Officer
in writing within a maximum of five business days after the changing
of a dwelling unit from owner-occupied to being a regulated rental
unit for purposes of this article. Failure to so notify the Code Enforcement
Officer shall be considered a violation of this article.
B.
Owners separately responsible. If any regulated 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 separately
responsible for the duties imposed under the terms of this article
and shall be separately subject to prosecution for the violation of
this article.
