[HISTORY: Adopted by the Borough Council of the Borough of
Etna as indicated in article histories. Amendments noted where applicable.]
[Adopted 5-17-1994 by Ord. No. 1230; amended in its entirety 12-21-1999 by Ord. No. 1272]
A.
Purpose. This article is enacted to provide the uniform and equitable
distribution of the tax levies in the Borough of Etna and upon the
inhabitants thereof and to promote the welfare of the inhabitants
of the Borough of Etna by ensuring that all residential rental properties
conform to the International Property Maintenance Code.[1]
B.
BUSINESS UNIT
DWELLING UNIT
LANDLORD
PERSON
TENANT
Definitions and interpretation. As used in this article, the following
terms shall have the meanings indicated, unless a different meaning
clearly appears from the context:
A parcel of real estate, with or without improvements located
thereon, utilized by any person or persons for any activity carried
on or experienced for gain or profit in the Borough of Etna.
One or more rooms used for living and sleeping purposes arranged
for occupancy by one family or by one or more persons.
A lessor, or person who acts as legal agent for the lessor,
of any parcel of real estate located in the Borough of Etna; or a
lessor, or person who acts as legal agent for the lessor, of any improvements
on real estate or any building located in the Borough of Etna.
Any individual, partnership, association, firm or corporation.
A person who has the use, either by himself or with others,
of a dwelling unit or a business unit owned by a person other than
himself for a period exceeding 30 days.
C.
Reports by landlords. Within 90 days from the effective date of this
article each landlord shall submit to the Borough Secretary/Manager,
on a report form supplied by the Borough Secretary/Manager, which
includes the following information.
(1)
A list of the dwelling units and business units owned by the landlord
located within the Borough of Etna limits, whether occupied or not
occupied;
(2)
Address of each dwelling unit and business unit;
(3)
Lot and block number of each dwelling unit and business unit;
(4)
Whether or not said dwelling unit or business unit is inhabited or
utilized by tenants;
(5)
Name of all tenants utilizing each aforementioned dwelling unit or
business unit, if any;
(6)
Name and address of any tenant's employment, if known;
(7)
Social security number of each tenant, if known.
D.
Reports by persons upon becoming landlords. After the effective date of this article, any person who becomes a landlord shall, within 30 days thereafter, report to the Borough Secretary/Manager the information and data set forth in Subsection C above and on forms to be provided by the Borough Secretary/Manager.
E.
Reports of changes in use or occupancy. After the effective date
of this article, each and every landlord of property within the Borough
of Etna shall report to the Borough Secretary/Manager on a report
from to be supplied by the Borough Secretary/Manager any change in
the occupancy of any dwelling unit or business unit owned by such
landlord. The reported change shall include the name or names of all
new tenants of such dwelling unit or business unit, the date when
such change was effected, and the forwarding address of the previous
tenant or tenants, if known. The report shall also contain the name
and address of tenant's employer, if known, and tenant's
social security number, if known. In the event that a dwelling unit
or business unit was used or utilized by a tenant and then becomes
vacant, this change shall also be reported to the Borough Secretary/Manager.
All reports required by this section shall be made within 30 days
after a landlord has knowledge that such a unit has had a change in
use or occupancy or has become vacant.
A.
Purpose. This article is enacted to provide for the health, safety,
and welfare of the inhabitants of the Borough of Etna by calling for
the inspection of all residential rental properties in the Borough
of Etna.
B.
Occupancy permit (renewable). A renewable occupancy permit shall
be required for each building within the Borough of Etna that is deemed
to be a residential rental unit. A fee of $60 shall be paid by the
landlord to cover the inspection provided for by this article and
the issuance of the certificate.
[Amended 12-17-2013 by Ord. No. 1350]
C.
Application. An application for such permit shall be made to the Code Enforcement Officer by the landlord of the property or the owner's legal agent as per § 457-1D of this article. An inspection fee for each is to be paid to the Borough Manager for general revenues of the Borough to defray the costs of the inspection of the building by the Code Enforcement Officer. The annual inspection fee shall be billed to the property owner and shall become due and payable on or before March 31, of the year of the required inspection or upon completion of the inspection, whichever occurs sooner. Every three years thereafter, another application shall be made by the owner or owner's legal agent with the inspection fee becoming due and payable on or before March 31 of that year. On a ward-by-ward basis, all residential rental properties shall be obligated to file an application and be subject to inspection every three years thereafter. The Code Enforcement Officer shall enter and inspect all structures for which an application for an occupancy permit has been made. The inspection shall be based upon compliance with the Property Maintenance Code as adopted through Ordinance No. 1289 of 2002. The Code Enforcement Officer shall refuse issuance of an occupancy permit or the renewal thereof to the owner or owner's legal agent of any building or occupancy if the fee has not been paid or when the inspection discloses the building or occupancy to be substandard and detrimental to the health and safety of the tenants and other residents of the Borough of Etna until alterations and improvements have been made to eliminate the substandard condition.
[Amended 5-19-2020 by Ord. No. 1383]
D.
Inspection schedule by wards.
(1)
For the purposes of beginning the inspection process in the Borough
of Etna, the First Voting Ward will be inspected during the year 2000,
the Second Voting Ward shall be inspected in the year 2001 and the
Third Voting Ward shall be inspected in the year 2002.
(2)
Any residential rental property within the Borough of Etna, upon
proper cause shown and upon complaint of the Code Enforcement Officer,
will be subject to an inspection at anytime.
E.
Penalties. Any person who shall violate any provision of this article,
including failure to file required reports; filing inaccurate, untimely
or incomplete reports; or failure to apply for an occupancy permit
or renewal thereof or for any other violation, shall, upon conviction
thereof, be sentenced to pay a fine of not more than $300. For the
purpose of this section, each day a person is in violation of any
provision of this article shall be considered a separate offense.
F.
Repealer. All ordinances or parts of ordinances which are inconsistent
herewith are hereby repealed.
G.
Effective date. This article shall become effective on the 1st day
of January 2000.
