The Code Enforcement Officer may initiate 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 Part that imposes a duty upon the owner and/or for
failing to regulate the breach of duties by occupants as provided
for herein.
1.
Formal warning:
formal written notification of at least one violation of this Part.
Upon satisfactory compliance with this Part and any conditions imposed
by the Code Enforcement Officer and/or the Borough 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 Borough Council.
2.
Nonrenewal: the
denial of license renewal after expiration of the license term. The
Borough will permit the owner to maintain occupants in the premises
until the end of the license term but will not grant renewal of the
license until a time set by the Code Enforcement Officer or by Borough
Council.
3.
Suspension: the immediate loss
of the privilege to rent regulated rental units for a period of time
set by the Code Enforcement Officer or Borough 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.
[Amended 8-13-2009 by Ord. No. 1203]
4.
Revocation: the immediate loss
of the privilege to rent regulated rental units for a period of time
set by the Code Enforcement Officer or the Borough Council and the
loss of the privilege to apply for renewal of the license at the expiration
of the time period unless the owner can show cause why the owner's
privilege to apply for a license should be reinstated.
[Amended 8-13-2009 by Ord. No. 1203]
5.
If nonrenewal, suspension or
revocation occurs during the term of a rental agreement, the Code
Enforcement Officer may:
[Added 8-13-2009 by Ord.
No. 1203]
A.
If the actions of the occupant
are not a contributing factor to the nonrenewal, suspension or revocation:
(1)
If the occupant desires
to remain in the regulated rental unit:
(a)
Direct the owner to
correct immediately all code violations and make the regulated rental
unit habitable for the occupant for the remainder of the term of the
rental agreement;
(b)
Direct the owner to
pay all fines, costs, fees, rates or rents of any nature whatsoever
(except taxes) due to the Borough;
(c)
Direct the occupant
to deposit some or all rental payments due during the remainder of
the term of the rental agreement into an escrow account until the
owner has corrected all code violations and made the regulated rental
unit habitable for the occupation for the remainder of the term of
the rental agreement or has paid all fines, costs, fees, rates or
rents of any nature whatsoever (except taxes) due to the Borough;
(d)
Permit the occupant
to use some or all rental payments due during the remainder of the
term of the rental agreement to correct or cause to be corrected all
code violations and make the regulated rental unit habitable for the
occupant for the remainder of the term of the rental agreement.
(2)
If the occupant does not
desire to remain in the regulated rental unit or the regulated rental
unit cannot be made habitable for the occupant to relocate the occupant
to a substantially similar rental unit for the remainder of the term
of the rental agreement, to pay costs of relocation and to pay the
difference in rent, if any, between the rent due under the rental
agreement and the rent for the substantially similar rental unit.
[Amended at time of adoption of Code (see AO)]
B.
If the actions of the occupant
are a contributing factor to the nonrenewal, suspension or revocation:
(1)
If the occupant desires
to remain in the regulated rental unit and the owner desires the occupant
to remain in the regulated rental unit:
(a)
Direct the owner to
correct immediately all code violations and make the regulated rental
unit habitable for the occupants for the remainder of the term of
the rental agreement;
(b)
Direct the owner to
pay all fines, costs, fees, rates or rents of any nature whatsoever
(except taxes) due to the Borough;
(c)
Direct the occupant
to deposit some or all rental payments due during the remainder of
the term of the rental agreement into an escrow account until the
owner has corrected all code violations and made the regulated rental
unit habitable for the occupants for the remainder of the term of
the rental agreement or has paid all fines, costs, fees, rates or
rents of any nature (except taxes) whatsoever due to the Borough;
(d)
Permit the occupant
to use some or all rental payments due during the remainder of the
term of the rental agreement to correct or cause to be corrected all
code violations and make the regulated rental unit habitable for the
occupant for the remainder of the term of the rental agreement.
(2)
Without regard to the desires
of the occupant or the owner, direct the owner to bring in the appropriate
forum and to prosecute in good faith an action to recover possession
of the regulated rental unit from the occupant and to not permit the
occupant to occupy the premises during the subsequent licensing period.
The Code Enforcement Officer, when recommending
action, and the Borough Council, when applying action, shall consider
the following:
1.
The effect of
the violation on the health, safety and welfare of the occupants of
the regulated 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 Part and other ordinances of the Borough
or has received notices of violations as provided for in this Part.
4.
Whether the owner
has been subject to disciplinary proceedings under this Part.
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 regulated dwelling
unit to enable the owner to comply with the provisions of this Part.
8.
In addition to
the actions as set forth above, the Code Enforcement Officer may recommend
and Borough Council may impose upon the existing or subsequent licenses
reasonable conditions related to fulfilling the purposes of this Part.
[Amended 8-13-2009 by Ord. No. 1203]
Any of the following may subject an owner to discipline as provided
for in this Part:
1.
Causing or permitting a violation
of a code at a premises.
2.
Failure to abate a violation
of any code at a premises within the time directed by the code, the
Code Enforcement Officer or Borough Council.
3.
Failure to pay any fines, costs,
fees, rates or rents of any nature whatsoever (except taxes) due to
the Borough.
4.
Refusal to cooperate in the inspection
of the premises by the Code Enforcement Officer as required by this
Part.
5.
Failure to take steps to remedy
and prevent violations of any code by occupants of regulated rental
units as required by this Part.
6.
Failure to file and implement
an approved plan to remedy and prevent violations of this code by
occupants of regulated rental units as required by this Part.
7.
Failure to bring in the appropriate
forum and to prosecute in good faith an action to recover possession
of the regulated rental unit from the occupant and to not permit the
occupant to occupy the premises during the subsequent licensing period
after having been directed to do so by the Code Enforcement Officer
as provided for in this Part.
8.
Three violations of codes within
a license term. For purposes of this Part, there need be no criminal
conviction before a violation can be found to exist.
[Amended 8-13-2009 by Ord. No. 1203]
1.
Notification. Following a determination
that grounds for nonrenewal, suspension or revocation of a license
exist, the Code Enforcement Officer shall notify the owner and the
occupant of the action to be taken and the reason therefor. Such notification
shall be in writing, addressed to the owner or manager and to the
occupant, and shall contain the following information:
A.
The address of the premises
in question and, if applicable, identification of the particular regulated
rental unit(s) affected.
B.
A description of the violation
which has been found to exist.
D.
A statement informing the owner
and occupant that he, she or it has a right to appeal the Code Enforcement
Officer's determination by submitting, in writing, to the Borough
Manager, within 30 calendar 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 the relief requested by the appellant, signed by the appellant.
E.
The fee for filing an appeal
and that the fee must be paid within 30 calendar days from the date
printed on the notice.
2.
Appeal.
A.
The owner and occupant may appeal
the Code Enforcement Officer's determination of a violation by submitting,
in writing, to the Borough Manager, within 30 calendar 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 the relief requested by the appellant. Such notice
of appeal shall be signed by the appellant.
B.
There is hereby imposed a fee
for filing of such appeals, the amount of which shall be determined
and established from time to time by resolution of Borough Council.
The fee shall be paid within 30 calendar days from the date printed
on the notice.
C.
If an appeal is not filed or
the fee not paid within 30 calendar days from the date printed on
the notice, the Code Enforcement Officer's determination shall be
final and conclusive.
D.
Upon receipt of such an appeal
in proper form, accompanied with the requisite filing fee, the Borough
Manager shall schedule a hearing to be held at the time and date of
the next regularly scheduled Borough Council meeting not less than
10 days from the date on which the appeal is filed.
E.
The owner, the occupant and
the Code Enforcement Officer shall receive written notice of the hearing
on the appeal.
F.
The Borough Council or the members
thereof present at the next regular scheduled Borough Council meeting,
not less than 10 days from the date of when the appeal is filed, shall
hold a hearing on the appeal which shall be conducted in accordance
with the Local Agency Law. The appellant and all other parties having
an interest may be heard. Based on the facts and arguments presented,
the Borough Council shall make a decision either 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 Borough Council 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, which time and date shall be
openly announced at 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.
3.
Delivery of notices.
A.
All notices and reports required
under this Part shall be delivered to the owner or manager, and, when
required, to the occupant, by personal service by an adult person,
by any form of courier service that provides written proof of receipt,
or by certified mail, return receipt requested.
B.
In the event that the notice
delivered by certified mail or courier is returned by the postal authorities,
or the courier marked "unclaimed" or "refused," then the Code Enforcement
Officer shall attempt delivery by personal service on the person to
whom the returned mail was sent. The Code Enforcement Officer shall
also post the notice at a conspicuous place on the premises.
C.
If personal service cannot be accomplished after a reasonable attempt to do so, then the notice may be sent by regular first-class mail, postage prepaid: if to the owner or manager, then at the address stated on the most current license application for the premises in question, and if to the occupant, at the address of the regulated rental unit. The Code Enforcement Officer shall also post the notice at a conspicuous place on the premises. If such notice is not returned by the postal authorities within five days of its deposit in the U.S. 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 U.S. Mail, and all time periods set forth under Subsection 3A above, shall thereupon be calculated from said fifth day.
