[HISTORY: Adopted by the City Council of the City of Shamokin 1-9-2017 by Ord. No. 16-09. Amendments noted where applicable.]
The current landlord-tenant ordinance is hereby repealed and
replaced by the following chapter.
This chapter shall be known as the "City of Shamokin Landlord
Ordinance."
It is the purpose of this chapter and the policy of the Council
of the City of Shamokin in order to protect and promote the public
health, safety and welfare of its citizens, to establish rights and
obligations of owners and occupants relating to the rental of all
residential rental units in the City of Shamokin and to encourage
owners and occupants to maintain and improve the quality of rental
housing within the community. It is also the policy of the City that
owners, managers and occupants share responsibilities to obey the
various codes adopted to protect and promote public health, safety
and welfare. As a means to those ends, this chapter provides for a
system of inspections, issuance and renewal of occupancy licenses
and sets penalties for violations. This chapter shall be liberally
construed and applied to promote its purpose and policies. In considering
the adoption of this chapter, the City of Shamokin makes the following
findings:
A.
In recent years, many formerly private homes have been turned into
residential rental units. Those rental units have oftentimes been
rented to individuals who, because they have no ownership in the property,
have allowed the properties to deteriorate. In many cases, the owners
of the properties live long distances from the City of Shamokin. As
a result, property maintenance of many rental units in the City of
Shamokin has been somewhat lax. In addition, problems have occurred
because many tenants, who have no ownership interest in the real estate,
have not been concerned about the following codes of the City of Shamokin,
including codes which govern maintenance and safety of the property.
This, in turn, has caused problems for other homeowners near the rental
units.
B.
In addition, there is a greater incidence of violation of various
codes of the City of Shamokin in residential rental properties where
owners rent properties as tenants.
As used in this chapter, the following terms shall have the
meanings indicated:
The City of Shamokin, Northumberland County, Pennsylvania,
Any code or ordinances adopted, enacted and/or in effect in and for the City of Shamokin concerning fitness for habitation or the construction, maintenance, operation, occupancy, use or appearance of any premises or residential rental unit. Included within, but not limited by, this definition are the following which are in effect as of the date of the enactment of this chapter: the Uniform Construction Code (hereinafter "UCC"), the International Property Maintenance Code, International Plumbing Code, International Fire Prevention Code, International Electrical Code, Chapter 251, Floodplain Management, the International Building Code and any duly enacted amendment or supplement to any of the above and any new enactment falling within this definition.
The duly appointed Code Enforcement Officer(s) having charge
of the office of the Code Enforcement of the City of Shamokin and
any assistants or agents.
Any open area within a structure shared by occupants or that
the occupants have the right to share including, but not limited to,
kitchens, bathrooms, living rooms, dining rooms, attics, basements
and any room used for parties, social events or the congregation of
people, excepting bedrooms.
Any form or conduct, action, incident or behavior perpetrated,
caused or permitted by any occupant or visitor or a residential rental
unit that is so loud, untimely (as to hour of the day) offensive,
riotous or that otherwise disturbs other persons of reasonable sensibility
in their peaceful enjoyment of their premises such that a report is
made to police and/or to the Code Enforcement Officer complaining
of such conduct, action, incident or behavior. It is not necessary
that such conduct, action, incident or behavior constitute a criminal
offense nor that criminal charges be filed against any person in order
for a person to have perpetrated, caused or permitted the commission
of disruptive conduct, as defined herein; provided, however, that
no disruptive conduct shall be deemed to have occurred unless the
Code Enforcement Officer or police shall investigate and make a determination
that such did occur, and keep written records, including a disruptive
conduct report, of such occurrence.
A written report of disruptive conduct on a form to be prescribed
therefor, to be completed by the police who actually investigate an
alleged incident of disruptive conduct and which shall be maintained
by the Code Enforcement Officer.
A person on the premises with the actual or implied consent
of an occupant.
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 the present use and enjoyment
of the premises, including a mortgage holder in possession of a residential
rental unit. (Same as "owner.")
Shall have at least one representative from each of the following
groups: landlords, appointment to be made at City reorganization meeting,
City Council, to coincide with City Council's term, and the general
public, appointment to be made at City reorganization meeting. This
board shall meet within 30 days of a request from a landlord or tenant
for an eviction or repeal of renting privileges. It will review the
material and make a recommendation to Council on how to proceed. The
Landlord Ordinance Appeals Board will not possess any voting power
and will be used purely to make recommendations to Council.
The Landlord and Tenant Act of 1951, 68 P.S. § 250.101
et seq.
An adult individual designated by the owner of a residential
rental unit.
The license issued to the owner of residential rental units
under this chapter, which is required for the lawful rental and occupancy
of residential rental units.
An individual who resides in a residential rental unit, whether
or not he or she is the owner thereof, with whom a legal relationship
with the owner/landlord is established by a lease or by the laws of
the Commonwealth of Pennsylvania.
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 the present use and enjoyment
of the premises, including a mortgage holder in possession of a residential
rental unit.
A rental unit in which the owner resides on a regular, permanent
basis.
A natural person, partnership, corporation, unincorporated
association, limited partnership, trust or any other entity.
Any parcel of real property in the City, including the land
and all buildings and appurtenant structures or appurtenant elements,
on which one or more rental units are located.
A written agreement between owner/landlord and occupant/tenant supplemented by the addendum required under § 293-8, embodying the terms and conditions concerning the use and occupancy of a specified residential rental unit or premises.
Any structure within the City of Shamokin which is occupied
by someone other than the owner of the real estate as determined by
the most current deed and for which the owner of the said parcel or
real estate received any value, including but not limited to money
or the exchange of services. Each apartment within a building is a
separate structure requiring inspection and a license.
Any human-made object, the use of which requires an ascertainable
stationary location on land, whether or not it is affixed to the land.
Each apartment within a building is a separate structure.
An individual who resides in a rental unit, whether or not
he or she is the owner thereof, with whom a legal relationship with
the owner/landlord is established by a lease or by the laws of the
Commonwealth of Pennsylvania. (Same as "occupant.")
It shall be the duty of every owner to keep and maintain all
rental units in compliance with all applicable state laws and regulations
and local ordinances and to keep such property in good and safe condition.
The owner/landlord shall be responsible for regularly performing all
maintenance, including lawn mowing and ice and snow removal, and for
making any and all repairs in and around the premises. As provided
for in this chapter, every owner/landlord shall be responsible for
regulating the proper and lawful use and maintenance of every dwelling
which he, she or it owns. As provided for in this chapter, every owner
shall also be responsible for regulating the conduct and activities
of the occupants of every rental unit which he, she or it owns in
the City of Shamokin, which conduct or activity takes place at such
rental unit or its premises. In order to achieve those ends, every
owner of a rental unit shall regulate the conduct and activity of
the occupants thereof, both contractually and through enforcement,
as more fully set forth below. This section 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 guest 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 section 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. This chapter is not intended to, nor shall its effect be, to
limit any other enforcement remedies which may be available to the
City of Shamokin against an owner, occupant of guest thereof.
A.
Designation of manager. Every owner who is not a full-time resident
of the City of Shamokin and/or who does not live within 20 miles of
the boundaries of the City of Shamokin shall designate a manager who
shall reside in an area that is within 20 miles from the City of Shamokin.
If the owner is a corporation, a manager shall be required if an officer
of the corporation does not reside within the above-referenced area.
The officer shall perform the same function as a manager. If the owner
is a partnership, a manager shall be required if a partner does not
reside within the above-referenced area. 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
chapter and under rental agreements with occupants. The identity,
address and telephone number(s) of a person who is designated as manager
hereunder shall be provided by the owner or manager to the City and
such information shall be kept current and updated as it changes.
A.
The owner shall maintain the premises in compliance with the applicable
code 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.
B.
The owner and occupant may agree that the occupant is to perform
specified repairs, maintenance tasks, alterations or remodeling. In
such case, however, such agreement between the owner and occupant
must be in writing. Such an agreement may be entered into between
the owner and occupant only if:
C.
In no case shall the existence of any agreement between owner and
occupant relieve an owner of any responsibility under this chapter
or other ordinances or codes for maintenance of the premises.
A.
All disclosures and information required to be given to occupants
by the owner shall be furnished at or before the commencement of the
landlord-tenant relationship. The owner shall provide occupant with
copies of any rental agreement and addendum upon execution.
B.
Terms and conditions. Owner and occupant may include in a rental
agreement terms and conditions not prohibited by this chapter or other
applicable ordinances, regulations and laws, including rent, term
of the agreement and other provisions governing the right and obligations
of the parties.
C.
Prohibited provisions. Except as otherwise provided by this chapter,
no rental agreement may provide that the occupant or owner agrees
to waive or to forego rights or remedies under this chapter. A provision
prohibited by this subsection included in a rental agreement is unenforceable.
D.
Provision of summary or ordinance to occupant. Following the effective
date of this chapter, a summary hereof in substantially the form set
forth in Appendix A, Tenant's Covenants and Obligations,[1] shall be provided to the occupant at or before the commencement
of the landlord-tenant relationship. If a summary has been provided
at or before the commencement of the landlord-tenant relationship,
a summary does not have to be provided upon renewal. Where a rental
agreement has been entered into prior to the effective date of this
chapter, the owner shall provide the occupants with a copy of the
summary within 60 days after enactment of this chapter.
[1]
Editor's Note: Said appendix is included as an attachment
to this chapter.
E.
The owner shall secure a written acknowledgment from occupants that
the occupants have received the disclosures and information required
by this chapter.
F.
Upon request by the City of Shamokin, the owner, within 10 days of
the request, shall furnish to the City of Shamokin copies of any lease(s)
required by the Landlord and Tenant Act that the owner has entered
into for residential rental units, including acknowledgment that the
occupants have received the disclosures and information required by
this chapter.
Every owner of a residential rental unit must register the unit
with the Code Enforcement Officer in accordance with the following
schedule:
A.
All owners of residential units must register the units with the
Code Enforcement Officer within 30 days after the effective date of
this chapter.
B.
Any individual, entity or firm which converts any structure to a
residential rental unit or units shall register the residential rental
unit or units with the Code Enforcement Officer of the City of Shamokin
within 30 days of the completion of the conversion of the unit or
units or within 30 days of the time when any rent, including the exchange
of other services for the unit or units, is obtained or within 30
days of the date within which a tenant or tenants occupy the unit
or units, whichever time period is sooner.
C.
It shall be the responsibility of the grantee in the purchase of
the said rental estate, including the grantee's attorney or title
company, to notify Shamokin City Hall within 72 hours of any purchase
or transfer of a rental unit.
D.
The owner of a residential rental unit must update the registration
information on record with the Code Enforcement Officer within 15
days of any changes of the information set forth below.
E.
All owners of any residential rental unit living outside of the twenty-mile limit set forth in § 293-6A must have a local manager who shall reside within 20 miles of the City of Shamokin and who shall be available as an emergency contact person.
F.
Registration information shall be provided by all owners and shall
include the following:
(1)
Owner name, address, telephone number.
(2)
Local manager name, address, telephone number (an emergency contact
person).
(3)
Property address and number of units.
(4)
Maximum occupancy per unit.
(5)
Emergency telephone number.
(6)
Actual number of occupants.
(7)
Names and addresses of current tenants.
G.
Any owner of a residential rental unit shall notify the City of Shamokin
at City Hall within 10 days of a new tenant occupying, renting or
residing in the landlord's or owner's residential rental
unit.
H.
Notwithstanding any other provisions of this chapter, the names and
addresses of a tenant shall not be disclosed by any City personnel
in the event that the tenant is the subject of a court order requiring
that this information be kept confidential.
The owner shall reply promptly to reasonable complaints and
inquiries from occupants.
The owner shall comply with all provisions of the Landlord and
Tenant Act.
A.
Within 10 days after receipt of written notice from the Code Enforcement
Officer that an occupant of a residential rental unit has violated
a provision of this chapter, the owner shall take immediate steps
to remedy the violation and take steps to assure that there is not
a reoccurrence of the violation.
B.
Within 20 days after receipt of a notice of violation, the owner
shall file with the Code Enforcement Officer a report, on a form provided
by the City, setting forth what action the owner has taken to remedy
the violation and what steps he or she has taken to prevent a reoccurrence
of the violation. The report shall also set forth a plan as to steps
the owner will take in the future if the violation reoccurs.
C.
The Code Enforcement Officer shall review the report and, if adequate
steps have been taken and the plan is adequate to address future violations,
shall approve the plan. The owner shall, on his or her initiative,
enforce the plan, and failure to do so shall be a violation of this
chapter.
D.
In the event that a second violation occurs within a license period
involving the same occupant or occupants, the Code Enforcement Officer
may direct the owner to initiate eviction proceedings against the
occupants who violated this chapter in accordance with the Landlord
and Tenant Act and to not permit the occupant to occupy the premises
during the subsequent licensing period. All tenants who have been
evicted, if asked, shall advise their new landlord that they have
been evicted from a residence for violating the terms and conditions
of this chapter.
Upon receiving notice of any code violations from the Code Enforcement
Officer, the owner shall promptly take action, or cause the necessary
action to be taken, to abate the offending condition and eliminate
the violations.
In case the owner of premises shall neglect, fail or refuse
to comply with any notice from the City or its Code Enforcement Officer
to correct a violation relating to maintenance and repair of the premises
under any code in effect in the City of Shamokin within the period
of time stated in such notice, the City of Shamokin may cause the
violation to be corrected. There shall be imposed upon the owner a
charge of the actual costs involved, plus 10% of said costs for each
time the City shall cause a violation to be corrected, and the owner
of the premises shall be billed after same has been completed. Any
such bill which remains unpaid and outstanding after the time specified
therein for payment shall be grounds for the imposition of a municipal
lien upon the premises as provided by law. Such a lien may be reduced
to judgment and enforced and collected as provided by law, together
with interest at the legal rate and court costs. The remedies provided
by this subsection are not exclusive and the City and its Code Enforcement
Officer may invoke such other remedies available under this chapter
for the 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 license issued hereunder.
The owner shall permit inspections of any premises by the Code
Enforcement Officer at reasonable times upon reasonable notice. The
inspections shall be completed as follows:
A.
The Code
Enforcement Officer of the City of Shamokin shall inspect all units
on a biyearly basis and record the inspection on a written inspection
report. The inspection report shall be signed and dated by the owner
of the residential rental unit or his or her manager and shall, in
addition, be signed by all the tenants named on the lease at the time
of the inspection, if available. Inspections may be made by the Code
Officer anytime within the said year. In alternate years, the inspection
shall be completed by the landlord or a representative of the landlord
and the inspection form submitted to the Code Officer.
All owners of residential units in the City of Shamokin shall
be required within five days of the passage of this chapter to install
smoke alarms, regardless of the occupant load at the following locations:
A.
Any parcel of real estate containing a residential rental unit which
has been found to be in noncompliance with this chapter shall be subject
to reinspection by the Code Enforcement Officer as follows:
(1)
Each residential rental unit referred to above shall be inspected
annually. A particular residential unit which contains a violation
of this subsection shall be reinspected as set forth above.
(2)
In addition, each residential rental unit shall be inspected each
time one of the residential rental units is vacant.
B.
In the event of a violation, a residential rental unit cannot be
occupied unless and until the unit is approved as meeting the criteria
of this chapter and any other applicable codes of the City of Shamokin
as determined by the Enforcement Officer.
C.
If after inspection of one or more of the residential rental units
as set forth above the Code Enforcement Officer determines that there
are violations of any codes of the City of Shamokin, the Code Enforcement
Officer shall provide a notice of violation which shall, at a minimum,
set forth the following:
D.
Notice of violations.
(1)
Within 10 days after receipt of a written notice from the City of
Shamokin Code Enforcement Officer that there has been a violation
of this section or any other applicable ordinances of the City of
Shamokin, the owner shall take immediate steps to remedy the violation
and take steps to assure that there will not be a reoccurrence of
the violation.
(2)
Within 20 days after receipt of a notice of violation, the owner
of a residential rental unit shall file with the Code Enforcement
Officer a report on a form provided by the City of Shamokin setting
forth what action the owner has taken to remedy the violation and
what steps he or she has taken to prevent a reoccurrence of the violation.
The report shall also set forth a plan as to steps the owner will
take in the future if the violation reoccurs.
(3)
The Code Enforcement Officer shall review the report and, if adequate
steps have been taken and the plan is adequate to address future violations,
shall approve the plan. The owner, on his or her initiative, shall
enforce the plan, and failure to do shall be a violation of this chapter
of the City of Shamokin.
(4)
In the event that a second violation occurs within a twelve-month
period, involving the same occupant or occupants, the Code Enforcement
Officer may direct the owner to evict the occupant or occupants who
have violated the ordinance of the City of Shamokin and to not permit
the occupant to occupy the premise during any subsequent period. The
owner or tenant may request a review by the Landlord Ordinance Appeals
Board.
E.
If, after a violation as set forth above, a parcel of real estate
containing residential rental units has no violations of applicable
codes of the City of Shamokin for a period of two years, said property
shall then be deemed to be back in compliance with the terms and conditions
of this chapter and shall not then be subject to the inspections set
forth in this section until there are other violations.
F.
If a parcel of real estate in noncompliance with the terms and conditions
of this chapter or other ordinances of the City of Shamokin is sold,
then the parcel of real estate shall remain in noncompliance until
the sooner of the following has occurred:
G.
All owners or any real estate containing or upon which are erected
any residential rental unit which are in noncompliance with this chapter
and who desire to sell the parcel of real estate shall notify the
purchasers, in writing, prior to the sale of the parcel of real estate
that the parcel of real estate is in noncompliance with the terms
and conditions of this chapter. Further, any property owner selling
a parcel of real estate upon which is erected a residential rental
unit or units which are found to be in noncompliance under the terms
and conditions of this chapter shall notify the Code Enforcement Officer,
in writing, within 30 days prior to closing on the sale of said parcel
of real estate.
H.
All owners of any parcels of real estate containing residential rental
units shall permit access to the property so that the Code Enforcement
Officer of the City of Shamokin or his designee shall be able to complete
all inspections necessary to determine compliance with this chapter
and any other applicable ordinances of the City of Shamokin. Refusal
to allow entry of the residential rental unit by the Code Enforcement
Officer of the City of Shamokin to inspect the said unit shall be
a violation of this chapter.
I.
For the purpose of enforcing this chapter, the Code Enforcement Officer
or designee may seek to obtain a search warrant issued by a competent
authority for the purpose of compelling an inspection or otherwise
enforcing the terms and conditions of this chapter.
J.
The Code Enforcement Officer may reinspect any property subject to
a notice of violation upon expiration of the time to accomplish repairs
or upon notice from the owner that the violations have been rectified.
K.
The owner of any property containing or upon which is erected a residential
rental unit shall pay a $25 fee for each and every reinspection to
cover the cost of a reinspection each time a reinspection is required
under the terms of this chapter or each time a reinspection is requested
by the Code Enforcement Officer to determine compliance with this
chapter or any other applicable ordinances of the City of Shamokin.
The fee set forth herein may be increased or decreased by a resolution
of the City of Shamokin Council.
L.
Rescheduling fee for no show at the time of inspection.
A.
All tenants who are renting a residential rental unit in the City
of Shamokin shall supply the inspector a proof of identification in
the form of a driver's license or photo ID, etc., at the time
of inspection of the rental unit.
B.
The City Code Enforcement Officer shall record the name of the tenant,
the landlord's name, the date of registration, the address of
the leased property and the type of identifying information presented
(e.g., driver's license or photo ID) and shall have the tenant
attest, in writing, that the information provided is true and current
subject to the penalties provided for unsworn falsification to authorities.
C.
If a tenant is unable to present this information in person on account
of a disability or infirmity, the Code Enforcement Officer shall provide
alternative means to provide this information in order to reasonably
accommodate the tenant.
D.
Each time a tenant enters into a new lease, he or she shall register
with the City of Shamokin within 10 days of entering into the landlord-tenant
relationship and/or occupying the premises and provide the information
referenced above.
The owner shall maintain at the licensed rental unit and provide
upon demand the following:
A.
The current license and current inspection report issued by the Code
Enforcement Office of the City of Shamokin.
B.
The addendum to the license application required by this chapter,
showing the names and the authorized occupants of the residential
rental unit.
C.
The total number of persons who may occupy the residential rental
unit or units and any common areas located within the rental unit.
A.
Generally the occupant shall comply with all obligations imposed
upon occupants by this chapter, all applicable codes and ordinances
of the City of Shamokin and all applicable provisions of state law.
B.
Health and safety regulations.
(1)
The maximum number of persons permitted in any rental unit at any
time shall not exceed one person for each 40 square feet of habitable
floor space in said rental unit.
(2)
The occupant shall deposit all rubbish, garbage and other waste from
his or her rental unit into containers provided by the owner, landlord
or tenant (which is specified in the lease) in a clean and safe manner
and shall separate and place for collection all recyclable materials,
in compliance with the recycling plan submitted by the owner to the
City of Shamokin or, if there is no recycling plan for the premises,
then in compliance with the City of Shamokin's Recycling Ordinance
and all other applicable ordinances, laws and regulations.
C.
Peaceful enjoyment. The occupant shall conduct himself or herself
and require other persons, including, but not limited to, guests on
the premises and within his or her rental unit with his or her consent,
to conduct themselves in a manner that will not disturb the peaceful
enjoyment of the premises by others, and that will not disturb the
peaceful enjoyment of adjacent or nearby dwellings by the persons
occupying same.
D.
Residential use. The occupant shall, unless otherwise permitted by
applicable law or ordinance, occupy or use his or her rental unit
for no other purpose than as a residence.
E.
Illegal activities. The occupant shall not engage in, nor tolerate,
nor permit others on the premises to engage in, any conduct declared
illegal 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
Controlled Substance, Drug, Device and Cosmetic Act (35 P.S. § 780-101
et seq.).
A.
The occupant shall not engage in, nor tolerate, nor permit others
on the premises to engage in disruptive conduct or other violations
of this chapter.
B.
When police investigate an alleged incident of disruptive conduct,
he or she shall complete a disruptive conduct report upon finding
that the reported incident did, in his or her judgment, constitute
disruptive conduct as defined herein. The information filled in on
said report shall include, if possible, the identity or identities
of the alleged perpetrator(s) of the disruptive conduct and all other
obtainable information, including the factual basis for the disruptive
conduct requested on the prescribed form. Where the police make such
investigation, said police officer shall then submit the completed
disruptive conduct report to the Code Enforcement Officer. In all
cases, the Code Enforcement Officer shall mail a copy of the disruptive
conduct report to the owner or manager within seven working days of
receiving the report of the police.
C.
Compliance with rental agreement. The occupant shall comply with
all lawful provisions of the rental agreement entered into between
owner and occupant. Failure to comply may result in the eviction of
the occupant by the owner.
D.
Damage to premises. The occupant shall not intentionally cause nor
permit or tolerate others to cause damage to the premises. Conduct
which results in damages in excess of $500 shall be considered a violation
of this chapter.
E.
Inspection of premises. The occupant shall permit inspections by
the Code Enforcement Officer of the premises at reasonable times,
upon reasonable notice. The tenant should be present or have given
written permission when the inspection is performed.
F.
Removal or defacement of notice. It shall be a violation of this
chapter for any person to remove or deface any notice or document
required to be posted within a rental unit and it shall be unlawful
for any person to occupy the rental unit unless all notices and documents
are posted as required.
G.
Disruptive conduct. It shall be a violation of this chapter for any
occupant or any other person to engage in disruptive conduct as defined
by this chapter.
A.
License requirement.
(1)
As a prerequisite to entering into a rental agreement or permitting the occupancy of any rental unit [except as provided in Subsection A(3)(c) below], the owner of every such rental unit shall be required to apply for and obtain a license for each rental unit.
(2)
A license shall be required for all residential rental units.
(3)
The following categories of rental properties shall not require licenses,
and shall not, therefore, be subject to the permitting provision of
this chapter:
(4)
The application for the license shall be in a form as determined
by the City.
(5)
The owner shall maintain a current and accurate list of the occupants
in each rental unit which shall include their name and current telephone
number, which shall be available to the City of Shamokin for inspection
upon reasonable notice. The owner shall notify the City of change
in the occupancy or of contact information within 10 days of the change
and shall provide the name of the person who is no longer residing
in the premises in the event a person departs and the name, current
address and current telephone number of new occupants in the event
a new person is added.
(6)
In the event that a license is denied or repealed by the Code Officer,
the owner shall have the right to appeal to the City Landlord Ordinance
Appeals Board within 30 days of mailing of the notice of denial of
the application. The hearing before the City Landlord Ordinance Appeals
Board shall be governed by the Local Agency Law.[1]
[1]
Editor's Note: See 2 Pa.C.S.A. § 551 et seq.
A.
Each license shall have an annual term running from January 1 of
a particular year through December 31 of that same year.
B.
Upon application for a license prior to issuance or renewal thereof,
each owner/applicant shall pay to the City an annual license and inspection
fee, in an amount to be established, from time to time, by resolution
of the Council of the City of Shamokin. The initial fee for a license
shall be $30 for each residential rental unit/apartment. The said
fee shall be paid by February 15 of each year.
C.
The license shall indicate thereon the maximum number of occupants
in each rental unit.
D.
No license shall be issued if the owner has not paid any fines and
costs arising from enforcement of this chapter or any of the ordinances
of the City of Shamokin relating to land use and/or code enforcement
or if any licensing fees under this chapter are due and owing the
City.
E.
Search warrant. Upon a showing of probable cause that a violation
of this chapter or any other ordinance of the City of Shamokin has
occurred, the Code Enforcement Officer may apply to the district justice
having jurisdiction in the City of Shamokin for the search warrants
to enter and inspect the premises.
A.
Grounds for nonrenewal, suspension or revocation of license, general.
The Code Enforcement Officer may initiate disciplinary action against
an owner that may result in a formal warning, nonrenewal, suspension
or revocation of the owner's license for violating any provision
of this chapter that imposes a duty upon the owner and/or for failing
to regulate the breach by occupants as provided for herein.
B.
Definition of options.
(1)
Formal warning. Formal written notification of at least one violation
of this chapter. Upon satisfactory compliance with this chapter and
any conditions imposed by the Code Enforcement Officer and/or the
City of Shamokin Council, the formal warning shall be removed when
the owner applies for license renewal at a time set by the Code Enforcement
Officer or by the Council of the City of Shamokin.
(2)
Nonrenewal. The denial of the privilege to apply for license renewal
after expiration of the license term. The City will permit the owner
to maintain occupants in the premises until the end of the license
term but will not accept applications for renewal of the license until
a time set by the Code Enforcement Officer or by the Council of the
City of Shamokin.
(3)
Suspension. The immediate loss of the privilege to rent residential
rental units for a period of time set by the Code Enforcement Officer
or City Council. The owner, after the expiration of the suspension
period, may apply for license renewal without the need to show cause
why the owner's privilege to apply for a license should be reinstated.
Upon suspension, the owner shall take immediate steps to evict the
occupants.
(4)
Revocation. The immediate loss of the privilege to rent residential
rental units for a period of time set by the Code Enforcement Officer
or the City Council and the loss of the privileges to apply for renewal
of the license at the expiration of the time period. Upon the loss
of the privilege to rent, the owner shall take immediate steps to
evict the occupants.
(5)
Appeals. The owner may request a hearing on the suspension, nonrenewal
or revocation with the City Landlord Ordinance Appeals Board. This
hearing must be held within 30 days of the request.
C.
Criteria for applying discipline. The Code Enforcement Officer, when
recommending discipline, and for City Council, when applying discipline,
shall consider the following:
(1)
The effect of the violation on the health, safety and welfare of
the occupants of the residential rental unit and other residents of
the premises.
(2)
The effect of the violation on the neighborhood.
(3)
Whether the owner has prior violations of this chapter and other
ordinances of the City or has received notices of violations as provided
for in this chapter.
(4)
Whether the owner has been subject to disciplinary proceedings under
this chapter.
(5)
The effect of disciplinary action on the occupants.
(6)
The action taken by the owner to remedy the violation and to prevent
future violations, including any written plan submitted by the owner.
(7)
The policies and lease language employed by the owner to manage the
rental unit to enable the owner to comply with the provisions of this
chapter.
(8)
In addition to applying discipline as set forth above, the Code Enforcement
Officer may recommend and City Council may impose upon the existing
or subsequent licenses reasonable conditions related to fulfilling
the purposes of this chapter.
D.
Grounds for imposing discipline. Any of the following may subject
an owner to discipline as provided for in this chapter:
(1)
Failure to abate a violation of City codes and ordinances that apply
to the premises within the time directed by the Code Enforcement Officer.
(2)
Refusal of owner to permit the inspection of the premises by the
Code Enforcement Officer as required by this chapter.
(3)
Failure to take steps to remedy and prevent violations of this chapter
by occupants of residential rental units as required by this chapter.
(4)
Failure to file and implement an approved plan to remedy and prevent
violations of this chapter by occupants of the rental unit as required
by this chapter.
(5)
Failure to evict occupants after having been directed to do so by
the Code Enforcement Officer of the City as provided for in this chapter.
(6)
Three violations of this chapter or other ordinances of the City
that apply to the premises within a license term. For purposes of
this chapter, there need be no criminal conviction before a violation
can be found to exist. Before a prior violation can be considered
under this section, the owner must have received notice, in writing,
of this violation within 30 days after the Code Enforcement Officer
received notice of the violation.
E.
Procedure for nonrenewal, suspension or revocation of license.
(1)
Notification. Following a determination that grounds for nonrenewal,
suspension or revocation of a license exist, the Code Enforcement
Officer shall notify the owner of the action to be taken and the reason
therefor. Such notification shall be in writing, addressed to the
owner in question, be sent certified mail and shall contain the following
information:
(a)
The address of the premises in question and identification of
the particular residential rental unit(s) affected.
(b)
A description of the violation which has been found to exist.
(c)
A statement that the license for said residential rental unit(s)
shall be either suspended or revoked, or will not be renewed for the
next license year beginning January of that year, or that the owner
will receive a formal warning.
(d)
In the case of a suspension or revocation, the notice shall
state the date upon which such suspension or revocation will commence
and in the case of a suspension shall also state the duration of said
suspension.
(e)
A statement that, due to the nonrenewal, suspension or revocation
(as the case may be) the owner or any person acting on his, her or
its behalf is prohibited from renting, leasing or permitting occupancy
of the dwelling unit(s) from and during the period said action is
in effect.
(f)
A statement informing the owner that he, she or it has a right
to appeal the decision suspending, revoking or declining to renew
the license to City Council through the Landlord Ordinance Appeals
Board by submitting, in writing, to the City, within 30 days from
the date printed on the notice, a detailed statement of the appeal,
including the grounds therefor and the reason(s) alleged as to why
the determination of the Code Enforcement Officer is incorrect or
should be overturned, and a statement of relief requested by the appellant.
Such notice of appeal shall be required to be submitted on a form
to be prescribed therefor by City Council and signed by the appellant.
There is hereby imposed a fee of $150 for the filing of such appeals,
the amount of which shall be determined and established, from time
to time, by resolution of City Council. Upon receipt of such an appeal
in proper form, accompanied with the requisite fee, the City Administrator
shall schedule a hearing of the Landlord Ordinance Appeals Board to
be held within 30 days of the request. The recommendation from the
Appeals Board will be presented to Council for action at the next
regular Council meeting. If the appeal is reversed, the fee will be
refunded.
(g)
The appellant, the Code Enforcement Officer and the owners of
properties within a radius of 300 feet from the premises for which
the license is at issue shall receive written notice of the hearing
on the appeal.
(h)
The City Landlord Ordinance Appeals Board shall hold a hearing
on the appeal which shall be conducted in accordance with the Local
Agency Law, 2 Pa.C.S.A. § 551, et seq. The appellant and
all other parties having an interest may be heard. Based on the facts
and arguments of the appellant and of the Code Enforcement Officer
and any police or other public officials involved, and any relevant
factual presentations of other parties, the City Landlord Ordinance
Appeals Board shall make a decision affirming, reversing or modifying
the action of the Code Enforcement Officer from which the appeal was
taken. Such decision shall be rendered at a public meeting either
immediately following the hearing or within 30 days thereafter. The
decision shall be reduced to writing, stating clearly the factual
and legal basis for the decision, within 45 days after the hearing.
If the Council of the City of Shamokin deems it necessary or desirable,
it may continue the hearing to a subsequent time and date not later
than 30 days from the initial hearing and, in such case, the time
limits for rendering the decision and reducing it to writing set forth
herein shall be calculated from the last hearing date (at which the
substance of the decision is orally announced).
(2)
Delivery of notification.
(a)
All notices shall be sent to the owner and manager, if applicable,
by certified mail. In the event that the notice is returned by the
postal authorities marked "unclaimed" or "refused," then the Code
Enforcement Officer shall attempt delivery by personal service on
the owner or manager, if applicable. The Code Enforcement Officer
shall also post the notice at a conspicuous place on the premises.
(b)
If personal service cannot be accomplished after a reasonable
attempt to do so, then the notice may be sent to the owner or manager
at the addresses stated on the most current license application for
the premises in question, by regular first-class mail, postage prepaid.
If such notice is not returned by the postal authorities within five
days of its deposit in the US Mail, then it shall be deemed to have
been delivered to and received by the addressee on the fifth day following
its deposit in the US Mail, and all time periods set forth above shall
thereupon be calculated from said fifth day.
(c)
Nonexclusive remedies. The penalty provisions of this section
and the license nonrenewal, suspension and revocation procedures provided
in this chapter shall be independent, nonmutually exclusive separate
remedies, all of which shall be available to the City as may be deemed
appropriate for carrying out the purposes of this chapter. The remedies
and procedures provided in this chapter for violation hereof are not
intended to supplant or replace to any degree the remedies and procedures
available to the City in the case of a violation of any other code
or ordinance of the City, whether or not such other code or ordinance
is referenced in this chapter and whether or not an ongoing violation
of such other code or ordinance is cited as the underlying ground
for a finding of a violation of this chapter.
A.
Notices. For purposes of this chapter, any notice required hereunder
to be given to a manager shall be deemed as notice given to the owner.
(1)
There shall be a rebuttal presumption that any notice required to
be given to the owner under this chapter shall have been received
by such owner if the notice was given to the owner in the manner provided
by this chapter.
(2)
A claimed lack of knowledge by the owner of any violation hereunder
cited shall be no defense to license nonrenewal, suspension or revocation
proceedings as long as all notices prerequisite to institution of
such proceedings have been given and deemed received in accordance
with the applicable provisions of this chapter.
B.
Changes in ownership. It shall be the duty of each owner of a residential
rental unit to notify the Code Enforcement Officer, in writing, of
any change in ownership of the premises or of the number of residential
rental units on the premises. It shall also be the duty of the owner
to notify the Code Enforcement Officer, in writing, of any increase
in the number of occupants in any rental unit or of the changing of
a rental unit from owner-occupied to non-owner-occupied, which thereby
transforms the dwelling into a residential rental unit for purposes
of this chapter.
C.
Owners severally responsible. If any 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 severally responsible
for the duties imposed under the terms of this chapter and shall be
severally subject to the prosecution for the violation of this chapter.
D.
Confidentiality. All registration and contact information shall be
maintained in a confidential manner by the Code Enforcement Officer
and shall only be utilized for the purpose of enforcement of this
chapter by the Code Enforcement Officer and City Manager.
A.
This chapter shall be enforced by the Code Enforcement Officer of
the City of Shamokin.
B.
Basis for violation. It shall be unlawful for any person, as either
owner or manager of a residential rental unit for which a license
is required, to operate without a valid, current license issued by
the City of Shamokin authorizing such operation. It shall also be
unlawful for any person, either owner or manager, to allow the number
of occupants of a residential rental unit to exceed the maximum limit
as set forth on the license, or to violate any other provision of
this section. It shall be unlawful for any occupant to violate this
section.
C.
Penalties.
(1)
Any landlord or owner of a residential unit which violates any of
the provisions of § 4.6[1] together with all of the subsections thereunder shall,
upon conviction thereof, be sentenced to pay a fine of $500 for each
and every offense. Each day of the said violation shall be a separate
offense.
[1]
Editor's Note: So in original.
(2)
Any landlord or owner of a residential rental unit which violates
any of the provisions of § 4.12, § 13, § 4.14,
§ 4.15 and § 4.16[2] shall incur the following penalties.
(a)
For the first offense. Any owner or landlord violating any of
the above-listed sections shall, upon conviction thereof in a summary
proceeding, be sentenced to pay a fine of $100 for each and every
offense. Each day of the said violation shall be a separate offense.
(b)
For the second offense. Any owner or landlord violating any
of the above-listed sections shall, upon conviction thereof in a summary
proceeding, be sentenced to pay a fine of $300 for each and every
offense. Each day of the said violation shall be a separate offense.
(c)
For the third offense. Any owner or landlord violating any of
the above-listed sections shall, upon conviction thereof in a summary
proceeding, be sentenced to pay a fine of $500 for each and every
offense or shall be imprisoned for a period not to exceed 90 days
or both. Each day of the said violation shall be a separate offense.
[2]
Editor's Note: So in original.
(4)
Any occupant of a residential rental unit who violates any of the
provisions of § 5[4] shall incur the following penalties:
(a)
For the first offense, he/she shall pay the sum of $100 for
each and every offense. For the second offense, he/she shall pay the
sum of $300 for each and every offense. For the third offense, he/she
shall pay the sum of $500 for each and every offense. Each day of
said violation shall be a separate offense.
(b)
Fines as imposed through this chapter shall be collected as
allowable by law.
(c)
Each day during which any owner of a residential rental unit
violates any provision of this chapter shall constitute a separate
offense.
(d)
This chapter and the foregoing penalties shall not be construed
to limit or deny the right of the City of Shamokin or its agents or
representatives to such equitable or other remedies as may otherwise
be available with or without process of law.
(e)
In addition to the fines set forth herein, the City of Shamokin
shall be entitled to reasonable attorneys fees incurred in enforcing
this chapter. The said fees shall be added to any penalties set forth
above.
(f)
If any section or provision of this chapter is adjudged by a
court of competent jurisdiction to be unlawful, void, or unenforceable,
all the remaining sections and provisions of this chapter shall remain
in full force and effect.
[4]
Editor's Note: So in original.
