[Adopted 12-10-2019 by
D-12/10/19; approved 12-10-2019 by D-12/10/19]
This article is enacted to provide the uniform and equitable
distribution of the tax levies in the Borough of Masontown and upon
the inhabitants thereof and to promote the welfare of the inhabitants
of the Borough of Masontown by insuring that all rental properties
conform to the various ordinances and/or laws of the Borough of Masontown
and the Commonwealth of Pennsylvania. The adoption of this article
is expected to alleviate dwelling units and/or business units as defined
below of a nature and/or condition that are below those required by
the International Property Maintenance Code which the Borough of Masontown
has duly adopted by Ordinance No. D-1-5-14-19.
As used in this article, the following terms shall have the
meaning as indicated, unless a different meaning clearly appears from
the context:
A parcel of real estate, with or without improvements located
thereon, utilized by a person or persons for any activity carried
on or experienced for gain or profit in Masontown Borough.
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 a legal agent for the lessor
of any parcel or real estate located in the Borough of Masontown,
or a lessor or person who acts as a legal agent for the lessor of
any improvements on real estate or any building located in the Borough.
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.
Within 90 days from the effective date of this article, each
landlord shall submit to the Borough Secretary a report form supplied
by the Borough Secretary, which includes the following information:
A.
A list of the dwelling units and business units owned by the landlord,
located within the Borough limits, whether occupied or not occupied;
B.
Address of each dwelling unit and business unit;
C.
Lot and Block number of each dwelling unit and business unit;
D.
Whether or not said dwelling unit or business unit is inhabited or
utilized by tenants; and
E.
Name of all tenants utilizing each aforementioned dwelling unit or
business unit, if any.
After the effective date of this article, any person who becomes a landlord shall, within 30 days thereafter, report to the Borough Secretary the information and data set forth in § 86-25 above, and on forms to be provided by the Borough Secretary.
After the effective date of this article, each and every landlord
of property within the Borough shall report to the Borough Secretary,
on a form to be supplied by the Borough Secretary, 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 tenants
of such dwelling unit or business unit, the date when such changes
were 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. 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.
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.
The Borough believes it is in the best interest and public welfare
of its residents to require inspections of the dwelling units or business
units for compliance with the duly adopted International Property
Maintenance Code for the benefit of its residents, and to promote
the overall health, safety and public welfare of the community, and
to alleviate dwelling units and business units of a nature and condition
that fall below the minimum requirements set forth in the International
Property Maintenance Code.
B.
All landlords shall notify the Borough Secretary of any change in
the occupancy of any dwelling unit or business unit owned by any landlord
before releasing and/or re-renting and/or re-occupying said dwelling
unit or business unit without an inspection herewith.
C.
If there is no change in occupancy for a period of two years, each
and every landlord shall notify the Borough Secretary and make arrangements
with the Borough of Masontown for an inspection by Borough Officials
of said dwelling unit or business unit for compliance herewith.
D.
All inspections for compliance with the International Property Maintenance
Code shall be scheduled during normal business hours. Landlords are
expected to cooperate with the Borough in the application of this
article and are expected to cooperate with the scheduling of said
inspections.
E.
Borough Officials will inspect each dwelling unit or business unit
within 20 days of notification of a change in occupancy; and within
10 days of said inspection, the Borough Officials will provide the
landlord with a letter of compliance or a correction letter setting
forth all the reasons the dwelling unit or business unit did not meet
the minimum requirements of the International Property Maintenance
Code.
F.
No dwelling unit or business unit can be occupied without the landlord
first complying with the correction letter and thereafter receiving
from Borough Officials a letter of compliance.
G.
The Borough of Masontown may, by resolution, from time to time change
the procedural process for inspections and administration of this
article, but shall not make any substantive changes enlarging the
scope of this article.
H.
All landlords residing outside the Commonwealth of Pennsylvania or
more than 20 miles from the location of the dwelling unit or business
unit shall register a local contact person with the Borough for administration
of this article in the event the landlord is not available should
the necessity arise for immediate action.
All landlords are required to carry proper fire and/or casualty
insurance on the property, or, in lieu of maintaining proper fire
and/or casualty insurance, the landlord shall purchase a performance
bond in the amount of $10,000 with the Borough listed as loss payee
and/or beneficiary for purposes of demolition and/or remediation of
the property should an event occur causing damage.
Any person who shall violate any provision of this article,
including failure to file required reports, filing inaccurate, untimely
or incomplete reports or fails to apply for an occupancy permit or
renewal thereof or rents said property or any unit therein without
first obtaining the required occupancy permit, or fails to schedule
any inspection required by this article, or commits any other violation
of this article, shall, upon conviction thereof, be sentenced to pay
a fine of not more than $300. For the purpose of this article, each
day a person is in violation of any provision of this article shall
be considered a separate offense.
