[HISTORY: Adopted by the City Council of the City of Shamokin 2-11-1992 by Ord. No. 350 (Ch. 76C of the 1967 Code). Amendments noted where applicable.]
No dwelling unit, be it a single-family dwelling unit, apartment in a duplex or multiple-family structure, dormitory, group home, health-care facility, residential-care facility, supervisory-care facility and any or all combinations thereof or parts thereof or other living quarters may be occupied until such time as the owner or his agent or the tenant has secured an occupancy permit, to be issued by the City Code Enforcement Officer or his authorized representative. Occupancy permits are not required for owner-occupied dwelling units.
The application for the occupancy permit shall disclose the following information:
A. 
The address of the dwelling unit.
B. 
The name and address of the owner and rental agent, if any.
C. 
The name of the tenant or tenants, including the name of the head of the household and the name and relationship of each family member who will occupy the dwelling unit.
D. 
The number of rooms within the dwelling unit.
E. 
Bathroom facilities.
F. 
Kitchen facilities.
G. 
General condition of the premises.
H. 
The term of the lease or rental, if the tenant does not own the dwelling unit.
I. 
Such other information as the City Code Enforcement Officer may require.
Upon receipt of the completed occupancy permit application, the City Code Enforcement Officer shall cause a preliminary inspection of the dwelling unit to be made. No occupancy permit shall be issued or renewed unless the applicant, owner or operator agrees in the application to such inspections as the City Code Enforcement Officer may require to determine whether the regulated residential property in connection with which such occupancy permit is sought is in compliance with the provisions of this chapter.
If the preliminary inspection reveals that the dwelling unit is structurally sound, clean and habitable and contains no accumulations of refuse or debris and no signs of pest infestation and if the preliminary inspection provides adequate indication that plumbing, heating and electrical systems are properly installed and maintained in a sale operating condition and if the dwelling unit has sufficient space to accommodate the number of individuals named on the application within the space restrictions contained in the City Housing Code,[1] then the City Code Enforcement Officer or his authorized representative shall issue the occupancy permit, which shall be good for a period of one year. When, however, there is a change of tenants within the one-year period, an inspection must take place prior to occupancy of the unit. Said occupancy permit will not be renewed unless prior bills for inspection have been previously paid. Each occupancy permit must also be renewed for successive periods which are not to exceed one year. Each occupancy permit shall be displayed in an obvious place within the common ways of regulated residential properties.
[1]
Editor's Note: See Ch. 224, Existing Structures Code.
No occupancy permit shall be issued or renewed unless the completed application form is accompanied by payment of an inspection fee in the amount of $20 for each dwelling unit and/or rooming unit.
A. 
Upon receipt of the required fee, the City Code Enforcement Officer or his authorized representative shall conduct a housing inspection, concentrating his efforts on deficiencies in sanitation, structure, plumbing, heating and electrical systems and space and facility requirements.
B. 
Upon completion of the housing inspection, a list of deficiencies, if present, shall be presented to the owner or his agent and/or the prospective tenant. Upon correction of these deficiencies, the owner or his agent or the prospective tenant shall request a final inspection. When the final inspection shows that no deficiencies remain uncorrected and that the dwelling unit is structurally sound, clean, free of pest infestation, served by operating plumbing, heating and electrical systems and provided with the space and facilities required by the City Housing Code,[1] the City Code Enforcement Officer or his authorized representative shall issue the occupancy permit.
[1]
Editor's Note: See Ch. 224, Existing Structure Code.
C. 
If the deficiencies noted in the inspection are not corrected within 30 days, the City Code Enforcement Officer or his authorized representative shall commence legal proceedings to have the deficiencies corrected or eliminated. Noncompliance in correcting the deficiencies will result in nonapproval and/or nonrenewal of occupancy permits.
D. 
The owner or his agent may request a housing inspection in advance of applying for an occupancy permit to expedite processing of the occupancy permit. An inspection fee of $20 will be required prior to performance of the housing inspection by the City Code Enforcement Officer. When paid, this inspection fee will be full satisfaction of, and not in addition to, the inspection fee required by § 362-5 hereof.
Every owner or operator of licensed regulated residential properties shall keep or cause to be kept records of all requests for repair and complaints by tenants which are related to provisions of this chapter and of all corrections made in response to such requests and complaints. Such records shall be admissible in any administrative or judicial proceeding pursuant to the provisions of this chapter as prima facie evidence of violation or the correction of violations of this chapter.
Whenever, upon inspection of licensed regulated residential properties or of the records required to be kept by § 362-7 of this chapter, the City Code Enforcement Officer finds that conditions or practices exist which are in violation of the provisions of this chapter, he shall serve the owner or operator with notice of such violation by personal service or, if such personal service is not practicable, by certified mail to the last-known address of said owner or operator. Such notice shall state that unless the violations cited are corrected within 30 days, the occupancy permit shall be suspended. When, however, the violations affect health, safety or sanitation, the time allowed for correction shall not exceed 48 hours. In the alternative, the City Code Enforcement Officer may elect to proceed under the City BOCA Code then in effect.
At the end of the time allotted for correction of any violation cited, the City Code Enforcement Officer shall reinspect the regulated residential property, and, if he determines that such conditions have not been corrected, he may issue an order suspending the occupancy permit.
A. 
It shall be a violation of the terms of this chapter for a tenant to occupy a dwelling unit prior to the issuance of an occupancy permit of his tenancy or for a tenant to move additional person or persons into his dwelling unit without obtaining an amended occupancy permit authorizing the addition of the additional person or persons, with the exception of children born to members of the immediate family after occupancy thereof.
B. 
It shall be a violation of this chapter for an owner or his agent to lease, rent or make available for occupancy any dwelling unit for which no current occupancy permit has been issued. It shall be a violation for an owner or his agent to collect rent or lease payments from tenants for any dwelling unit occupied by those tenants, unless an occupancy permit has been issued for those tenants to occupy the dwelling unit. It shall be a violation for an owner or his agent to advertise a dwelling unit for rent, lease or sale which cannot comply with the standards required for human habitation.
C. 
Each day a violation of this chapter exists shall be a separate violation and subject to the maximum penalty provided herein.
D. 
Any person, firm, association or corporation violating any of the provisions of this chapter shall be subject to a fine of not less than $100 and not more than $300 per day and, in default of the payment of such fine and costs, shall be subject to imprisonment not exceeding 90 days.
Should any word, sentence, paragraph or section of this chapter be declared invalid for any reason whatsoever, it is the intent of the Mayor and Council of the City of Shamokin that it would have enacted all other portions of this chapter independent of the word, sentence, paragraph or section declared invalid.
This chapter shall take effect immediately upon adoption.