The purpose of this article and the policy of the Borough of
Clifton Heights shall be to protect and promote the public health,
safety and welfare of its citizens, to establish rights and obligations
of owners and occupants relating to residential and commercial rental
units in the Borough and to encourage owners and occupants to maintain
and improve the quality of rental units within the community. As a
means to these ends, this article provides for a regular inspection
program, registration and licensing of residential and commercial
rental units and penalties for noncompliance.
The following words and phrases, as used in this article, shall
have the meanings ascribed to them in this section, unless the context
indicates a different meaning. Where terms are not defined in this
section, such terms shall have ordinarily accepted meanings as interpreted
by the Code Enforcement Officer by use of definitions provided in
the codes and standards as contained in the Ordinances of the Borough
of Clifton Heights.
ACCESSORY BUILDING, UTILITY AND MISCELLANEOUS OCCUPANCIES
Buildings and structures of an accessory character and miscellaneous
structures not classified in any specific occupancy shall be constructed,
equipped and maintained to conform to the requirements of this article
commensurate with the fire and life hazard incidental to their occupancy.
Occupancies shall include all such occupancies as listed and defined
in the Municipal Building Code and Zoning Code as adopted in the Ordinances
of Clifton Heights Borough.
AGENT or REPRESENTATIVE
A person who shall have charge, care or control of any structure
as owner, or agent of the owner, or as executor, executrix, administrator,
trustee or guardian of the estate of the owner. Any such person representing
the actual owner shall be bound to comply with the provisions of this
article to the same extent as if that person was the owner.
APPLICANT
The owner, buyer or agent thereof, such as but not limited
to a realtor, broker, etc., who shall have control, authority and
responsibility for the orderly processing of any property regulated
by this article.
BOARDINGHOUSE
A building arranged or used for lodging, with or without
meals, and not occupied as a single-family unit.
BOROUGH
The Borough of Clifton Heights.
BUILDING
As defined in the Borough Code of the Borough of Clifton Heights, Chapter
340, Zoning, Article
II, Terminology, §
340-12, as amended to the date of the adoption of Borough Ordinance 862.
CODE
Any code or ordinance adopted, enacted and/or in effect in
the Borough of Clifton Heights concerning fitness for habitation or
the construction, maintenance, operation, occupancy, use or appearance
of any buildings, structures and/or lots of ground regulated by this
article.
CODE DEPARTMENT
The department charged with the enforcement of the Borough
Code for the Borough of Clifton Heights.
CODE ENFORCEMENT OFFICER
The Code Enforcement Officer or person designated by him/her
charged with the administration and enforcement of this article.
COMMERCIAL OCCUPANCY
Includes, among others, buildings and structures, or a portion
thereof, for the display and sale of merchandise and involves stocks
of goods, wares or merchandise incidental to such purposes and accessible
to the public. Commercial occupancies shall include all such occupancies
as listed and defined in the Municipal Building Code and Zoning Code
as adopted in the Ordinances of Clifton Heights Borough.
COMMON
Space which is not a part of the rental unit and which is
shared with other occupants of a rental unit, whether they reside
in the rental unit or not. Common areas shall be considered part of
the premises for the purpose of this article.
DWELLING
As defined in the Borough Code of the Borough of Clifton Heights, Chapter
340, Zoning, Article
II, Terminology, §
340-12, as amended to the date of the adoption of Borough Ordinance 862.
DWELLING UNIT
As defined in the Borough Code of the Borough of Clifton Heights, Chapter
340, Zoning, Article
II, Terminology, §
340-12, as amended to the date of the adoption of Borough Ordinance 862.
HIGH-HAZARD OCCUPANCIES
Includes, among others, the use of a building or structure,
or a portion thereof, that involves the manufacturing, processing,
generation or storage of materials that constitute a physical or health
hazard due to the quantities of the material and shall include all
such occupancies as listed and defined in the Municipal Building Code
as adopted in the Ordinances of Clifton Heights Borough.
INDUSTRIAL OCCUPANCY
Includes all such occupancies as listed and defined in the
Municipal Building Code and Zoning Code as adopted in the Ordinances
of Clifton Heights Borough.
OCCUPANCY
The purpose for which a building, or portion thereof, is
used.
OWNER
Any person, agent, operator, firm or corporation having a
legal or equitable interest in the property, including the guardian
of the estate of any person or the executor or administrator of the
estate of such person if ordered to take possession of real property
by the court.
PREMISES or PROPERTY
A lot, plot or parcel of land, including any structures thereon.
Shall also be referred to as a "property."
PROPERTY OWNER
The person listed as the owner of such real estate property
as named on any title, deed, Delaware County tax records or Clifton
Heights Borough tax records.
RAPID ENTRY KEY SYSTEM
A system approved by the Code Enforcement Officer or the
Fire Marshal that provides emergency access to the Fire Department
only in the event of a fire, rescue or other potentially life- or
property-threatening situation. The system consists of a rapid entry
key box and/or a rapid entry padlock. The system is not to be used
for any unlawful entry to the property or for the purpose of performing
inspections without proper consent unless the property owner or local
agent is present and consents to such inspection or unless a legal
search warrant has been issued.
RENTAL AGREEMENT
A legal agreement between the owner and tenant embodying
the terms and conditions concerning the use and occupancy of the rental
unit.
RENTAL LICENSE
A document issued by the Borough Code Department to the owner
of a rental unit under this article which is required for the lawful
rental and occupancy of any rental dwelling, buildings or structures.
RENTAL PROPERTY
A premises, property or portion thereof, that is under a
rental agreement and/or contains one or more rental units.
RENTAL REGISTRATION
A document issued by the Borough Code Department to the owner
of a rental unit evidencing the existence of said rental unit. This
registration shall be required until the Code Officer inspects the
unit and issues a rental license for each rental unit.
RENTAL UNIT
Any dwelling, structure, building, ground or portion thereof
that is occupied or used, under an individual rental agreement with
a tenant.
RESIDENTIAL COMMERCIALLY MIXED OCCUPANCIES
A premises containing a combination of residential and commercial
occupancies approved for operation in accordance to the Ordinances
of the Borough of Clifton Heights.
RESIDENTIAL OCCUPANCIES
Residential includes, among others, the use of a building
or structure, or a portion thereof, for sleeping accommodations, including
structures in the following zoning districts: R-1, R-2, R-3, and RCZ.
ROOMING HOUSE
A building, which has a dwelling unit, occupied by the owner
and which has accommodations for not more than three roomers.
SELF-SERVICE STORAGE FACILITY
Real property designed and used for the purpose of renting
or leasing individual storage spaces to customers for the purpose
of storing and removing personal property on a self-service basis.
STORAGE OCCUPANCY
Storage occupancies shall include all such occupancies as
listed and defined in the Municipal Building Code and Zoning Code
as adopted in the Ordinances of Clifton Heights Borough.
TENANT
Any individual or individuals that are named on a legal agreement,
such as a rental agreement with the property owner, in which permission
to use a dwelling, structure, building, ground or portion thereof
is granted by the owner to the tenant. Tenant shall further imply
to include other individuals that, due to a relationship with the
tenant, shall share such use of the rental unit as allowed for by
the rental agreement and are not covered under a separate rental agreement.
TWO-FAMILY DWELLING UNIT
A building on a lot designed and occupied exclusively as
a residence for two families living independently of one another.
The owner of each rental property shall register the rental
property with the Code Department and shall pay the required fees.
Fees shall not be prorated for any reason. Registration forms shall
be available in the Code Department office. Information required to
be submitted shall include, but not be limited to, the following:
A. The names, addresses and a phone number of all owners of the premises.
B. The name, local address and telephone numbers (business, home, cell
and pager, if available) of the local agent, if different from the
owner.
C. The address of the premises.
E. The number of rental units in each building on the premises.
F. Emergency contractors list. The applicant shall provide a list of
contractors who are available to respond to emergencies involving
general construction, roofing, plumbing, heating and electrical incidents
24 hours per day, 365 days per year. These contractors must be licensed
and approved to work in the Borough of Clifton Heights.
G. Designation of local agent.
(1) No rental registration or rental license shall be issued unless there
is provided to the Code Department the name, mailing address, actual
street address and telephone number of a designated responsible agent
residing on the premises or within 10 miles of the Borough. The agent
shall provide access to the premises for the purpose of making inspections
necessary to ensure such compliance with this article. They shall
have access to all areas of the premises. They shall provide access
to the premises for emergency personnel during any fires or medical
emergencies.
(2) Exception. The local agent referred to in this section may reside
more than 10 miles and up to 50 miles from the Borough of Clifton
Heights if the owner provides a rapid entry key system as approved
by the Code Department.
(3) The owner may serve as the local agent if the owner complies with
this section.
(4) The Code Enforcement Officer will be responsible for determining
whether a proposed local agent satisfies the requirements of this
section.
(5) It shall be the duty of the owner of a rental unit to notify the
Code Enforcement Officer of any change in the identity of the local
agent within not more than 15 calendar days of the change.
H. Biannual submittal of emergency occupancy list. For each rental unit, the property owner shall submit the name of each lessee, including the apartment/unit numbers. The emergency occupants list shall be submitted with each license renewal in accordance with §
250-47 of this article.
I. Written certification from a Pennsylvania-licensed architect or Pennsylvania-licensed
engineer that states that each unit complies with all of the provisions
of applicable laws, regulations and codes. If a unit does not comply
with all applicable laws, regulations and codes, the certification
from a Pennsylvania-registered and -licensed architect or engineer
shall specify the manner and laws, regulations and codes with which
each unit fails to comply. In lieu of a certification by a Pennsylvania-registered
and -licensed architect or engineer, an inspection may be conducted,
at the request of the owner, by the Borough Code Enforcement Officer
to ascertain compliance with this article and all applicable laws,
regulations and codes, in accordance with the applicable fee schedule.
J. Registration shall be deemed complete when the owner has submitted
the information required and received a registration certificate.
Upon completed registration of the rental unit, the owner or
agent shall immediately arrange with the Code Department for a rental
license inspection. The Code Enforcement Officer shall fully inspect
each registered rental unit. It shall be unlawful for the owner of
any premises or any agent acting for such an owner to operate, rent
or lease any premises or any part thereof, whether granted or rented
for profit or nonprofit, or to represent to the general public that
a premises or any part thereof is for rent, lease or occupancy without
first acquiring one of the below-approved licenses issued by the Code
Department in the name of the owner, local agent or operator and for
the specific rental unit. Fees for rental licenses shall be set by
periodic resolution of Borough Council.
A. Types of occupancies.
(1) A residential rental license must be secured for the following rental
units:
(a)
All one- and two-family residential homes, including those converted
into dwelling units with no more than two units or tenants.
(d)
Rooming house with no more than one tenant.
(2) A rental housing license must be secured for the following rental
units:
(b)
Boarding houses, nontransient in nature.
(e)
Multiple-family dwelling units.
(f)
Multiple single-family dwellings.
(h)
Rooming houses with more than one tenant.
(3) A commercial rental license must be secured for the following rental
units:
(e)
Self-service storage facility.
(g)
Portions of ground or structures used under a rental agreement.
B. A license must be secured for each rental unit.
C. Residential and commercially mixed occupancies. A separate rental
license and appropriate fees must be secured for each rental occupancy
type contained in a mixed-occupancy building.
D. Owner occupying portions of rental properties. Written certification
from a Pennsylvania-licensed architect or licensed engineer that states
that the owner-occupied portion of a rental property complies with
all of the provisions of applicable laws, regulations and codes shall
be provided to the Borough. In lieu of a certification by a Pennsylvania-registered
and -licensed architect or engineer, an inspection may be conducted,
at the request of the owner, by the Borough Code Enforcement Officer
to ascertain compliance with this article and all applicable laws,
regulations and codes, in accordance with the applicable fee schedule
of the owner-occupied portion of any rental property.
E. Any applicant that is unable to correct violations within the time
frame determined by the Code Enforcement Officer may be issued a provisional
rental license at the discretion of the Code Department. Otherwise,
a rental registration shall only be valid for 90 days, at which time
it shall become null and void and must be renewed.
F. Exempt occupancy types. Any occupancies not specifically mentioned
above are exempt from this article but are not exempt from other inspection
requirements contained in the Borough Code.
If the certification from a licensed architect or licensed engineer
states that a unit does not comply with all of the provisions of applicable
laws, regulations and codes or an inspection by the Code Enforcement
Officer finds that all applicable laws, regulations and codes have
not been complied with, a rental license shall not be issued until
the unit complies with all applicable, laws, regulations and codes.
In the event of any such noncompliance, the Code Enforcement Officer
shall provide a reasonable time period within which such items of
noncompliance are rectified.
A. Permit requirements. The owner, applicant, contractor or agent thereof
will be held liable for the failure to secure any permits in accordance
with the Borough Code.
B. Licensed contractors. In addition to the person performing the repairs
or work, the owner, applicant or agent thereof is reminded that certain
repairs or work performed, must be done by a licensed contractor in
accordance with the Borough Code.
In interpreting and applying the provisions of this article,
they shall be held to be the minimum requirements for the promotion
of the public health, safety, morals and general welfare. Where the
provisions of this article impose greater restrictions than those
of any other ordinance or regulation, the provisions of this article
shall control. Where the provisions of any statute, other ordinance
or regulation impose greater restrictions than this article, the provisions
of such statute, other ordinance or regulation shall control.
Requirements necessary for the strength, stability or proper
operation of an existing fixture, structure or equipment, or for the
public safety, health and general welfare of the occupants, not specifically
covered by this article, shall be determined by the Code Enforcement
Officer.
The owner, applicant or agent thereof may appeal a decision
of the Code Enforcement Officer or request a modification of the strict
letter of this article in accordance to the Borough Code.
Whoever violates or fails to comply with any of the provisions
of this article, or any provision of any rule or regulation adopted
by the Council or the Code Enforcement Officer pursuant to authority
granted by this article, or fails to correct, within the time set
by the Code Enforcement Officer, the defects for which a dwelling
has been cited shall be fined not less than $100 nor more than $1,000
or imprisoned not more than 30 days in the county jail, or both such
fine and imprisonment. A separate offense shall be deemed committed
each day during or on which a violation or noncompliance occurs or
continues.
Nothing herein is intended to modify, enlarge or diminish any rights or responsibilities under Chapter
340, Zoning, of the Borough of Clifton Heights Code.