[HISTORY: Adopted by the Borough Council of the Borough of
Trafford as indicated in article histories. Amendments noted where
applicable.]
[Adopted 5-6-2014 by Ord. No. 3-2014]
As used in this article, the following terms shall have the
meanings indicated:
A dwelling unit rented to or available for rent by tenants
or otherwise occupied by persons other than the owner or the owner's
relatives, including, but not limited to, units in single-family houses,
two family houses, multiple-family dwellings, multiple-family houses,
apartment houses, row houses, townhouses, and other buildings of similar
character, and also including group homes, community living arrangements,
boarding houses, domiciliary homes, long-term care facilities or personal
care homes.
A person who has the use, either by himself or with others,
of a dwelling unit or a business unit owner by a person other than
himself, for a period exceeding 30 days.
Money paid to the Borough for utilities shall be applied first
to water bill, then electric bill, then refuse collection, and finally
E.P.A. surcharge.
A.
The Officer shall investigate to determine whether the landowner
owns any real property within the Borough of Trafford for which there
exists on the real property a final and unappealable tax, water, sewer
or refuse collection bill delinquency on account of the actions of
the landowner and within the meaning of the Neighborhood Blight Reclamation
Revitalization Act.
B.
If the Officer finds that such a delinquency exists, then the Officer
shall deny an occupancy permit for the dwelling unit in question in
accordance with all applicable procedures set forth in the Neighborhood
Blight Reclamation Revitalization Act.[1]
[1]
Editor's Note: See 53 Pa.C.S.A. § 6101 et seq.
C.
The Officer shall investigate to determine whether the rental dwelling
unit is in violation of the International Property Maintenance Code.
If there is a violation he shall deny the occupancy permit.
D.
The Officer shall state in writing the reasons for any denial or
revocation of an occupancy permit. Any person aggrieved by the Officer's
denial of revocation of an occupancy permit may appeal such denial
by submitting a written request for a Local Agency Law hearing to
the office of the Borough Manager within 20 days from the date of
mailing of the denial letter and accompanied by a nonrefundable $700
appeal free, the amount of such fee to be subject to adjustment by
resolution of the Council of the Borough of Trafford. Any funds not
used for advertising, attorney, or stenographic fees shall be refunded
to applicant. Such written request for a Local Agency Law hearing
shall state the grounds upon which the request is made. The Council
for the Borough of Trafford may act as the Local Agency Law appeal
hearing body or may appoint a tribunal or hearing officer to hear
the appeal and to make a recommended ruling to the Borough Council.
All ordinances or parts of ordinances which are inconsistent
herewith are hereby repealed.
It is hereby declared to be the intention of the Council of
the Borough of Trafford that the several provisions of this article
are separable. If any Court of competent jurisdiction shall declare
any words, sentences, sections or provisions of this article to be
invalid, such a ruling shall not affect any other words, sentences,
sections or provisions of this article not specifically included in
said ruling.
Any person who shall violate any provision of this article or
who knowingly files a false report requiring by this article shall,
upon conviction thereof, be sentenced to pay a civil fine of not more
than $600.
