Borough of West Grove, PA Residential Property

The Borough's Zoning Officer/Building Inspector or any authorized representative of that officer, and/or any other person authorized by the Borough Council to inspect pursuant to, and to enforce, this article.

DWELLING UNIT

One or more rooms, in a building, designated, used or intended to be used as a single and separate unit, with its own sleeping area(s), and cooking and sanitation facilities, occupied or to be occupied by one or more persons living as a housekeeping unit; provided that, for purposes of this article, "dwelling unit" shall not include a rental dwelling unit.

NOTICE OF APPEAL

A notice of appeal filed with the Borough pursuant to this article.

NOTICE OF VIOLATION (NOV)

Any notice of violation given by the Code Officer pursuant to this article.

OWNER

Any individual, firm, corporation, association, partnership, limited liability company or other legal entity which alone, or jointly or severally with others, holds legal title or equitable title to the residential unit. (The plural use includes each and every owner.)

PERMIT

A residential occupancy permit issued by the Code Officer pursuant to this article.

REGULATIONS

Regulations, adopted pursuant to this article, to implement this article. (The use of "regulations" in the lower case is not this term.)

RESIDENTIAL UNIT

A dwelling unit or rooming unit.

ROOMING HOUSE

A building or part of a building with two or more rooming units.

ROOMING UNIT

Any room or group of rooms occupied or intended to be occupied by one or more persons for sleeping or living, but not a dwelling unit.

VIOLATION(S)

A violation and/or noncompliance with the requirements of this article, the Regulations and/or any other applicable Borough regulation.

B.

Whenever an "owner" is required to do something pursuant to this article, all owners shall have the duty jointly and severally.

C.

Whenever the phrase "pursuant to this article" is used with respect to a requirement, it shall mean, unless the context clearly indicates otherwise, pursuant to this article, the Regulations and any determination and/or order of the Code Officer.

A.

Permits required. A current valid permit for a residential unit(s) is required:

(1)

Prior to each and every occurrence of the following:

(a)

The transfer of title to any residential unit;

(b)

The transfer of title to any building containing one or more residential units;

(c)

The occupancy (either new or continued) of any residential unit which has been enlarged or reduced in size for which any accessway to the outside has been changed;

(2)

On or before the issuance of each occupancy certificate, pursuant to the Building Code, after work requiring a building permit is completed;

(3)

For conditioned occupancy of any residential unit after the permit for that unit has been revoked and any period for obtaining a new permit for that unit, as established by the Code Officer, has elapsed.

B.

Duration of permit.

(1)

A permit shall become void automatically when the residential unit for which it is issued is changed or used in any way which requires a new permit.

(2)

A permit shall become void if and when revoked by the Code Officer, pursuant to the Code Officer's written determination issued to the owner that the residential unit for which the permit was issued is noncompliant with the Building Code.

C.

Application for permit.

(1)

The owner(s) of the property where a residential unit requiring a permit is located is/are responsible, jointly and severally, for filing an application for a permit with the Borough, which application must comply with all the requirements established pursuant to this article and any applicable Regulation or regulation for such application.

(2)

All applications shall be in writing, shall be submitted upon the Borough's form for such application, shall provide all the information required pursuant to this article and shall be accompanied by the required fee. The Borough shall have no duty to process any application that is determined to be incomplete or not accompanied by the required fee.

(3)

The information to be provided by the owner with the application shall include:

(a)

The street address of the property where the residential unit is located, the Chester County uniform parcel identifier number for that property and any street address separately identifying the residential unit itself;

(b)

The number of residential units located on the property;

(c)

The name and mailing address of the owner(s) of the property to which notices should be sent pursuant to this article;

(d)

The number and names of all occupants of each residential unit who will occupy the unit pursuant to the requested permit; and

(e)

All other information required pursuant to the Regulations.

(4)

Requirements for issuance of permit. The Code Officer shall issue the permit for the residential unit when:

(a)

The required application has been filed with the Borough;

(b)

All the required fees have been paid in full;

(c)

The Code Officer has inspected the residential unit and any and all common areas and facilities serving the unit and determined that, to the extent observed by the Code Officer, the residential unit and all such common areas and facilities inspected appear to be in compliance with all applicable Borough regulations;

(d)

In the case of a rooming house, the entire rooming house shall be inspected, and the Code Officer must determine that the rooming house in its entirety is in compliance with all applicable Borough regulations.

(5)

Denial of permit. If, upon inspection, the Code Officer determines that a permit should not be granted, due to any condition(s) that does/do not comply with applicable Borough regulations, the Code Officer shall issue to the owner a written determination identifying the noncompliant condition(s) and ordering that compliance be achieved in a timely manner. The owner shall comply with all such orders; provided, however, that the owner may appeal any such order to the Board, but only as provided in this article. No such appeal shall relieve the owner of the immediate duty to correct dangerous and/or nuisance conditions.

D.

Effect of permit. The issuance of a permit for a residential unit which is not new construction is based upon inspection of conditions readily observable. A permit does not constitute a representation of the Borough that there is no condition at the inspected premises which violates applicable Borough regulations. The Borough's ability to enforce compliance with its regulations with respect to conditions existing at the time of issuance of a permit is not limited by the issuance of the permit or any reliance thereon.

A.

The Code Officer shall administer and enforce this article and the Regulations.

B.

The Code Officer is hereby authorized under this article to inspect to determine the condition, occupancy, number of occupants, use and/or compliance of any and all residential units pursuant to this article, the Regulations and any and all other applicable Borough regulations.

C.

The Code Officer is hereby authorized to issue permits, revoke permits and issue determinations of noncompliance with this article, the Regulations and other applicable Borough regulations, to issue orders compelling such compliance and to file and process legal and equitable actions to compel such compliance.

D.

Search warrants.

(1)

If entry to any property, building or residential unit, for the purpose of inspection, is denied to the Code Officer, the Code Officer may apply to the appropriate authority for an administrative search warrant. Without limitation, when denied access, the Code Officer may request a warrant for the following reasons:

(a)

The inspection is part of a systematic inspection permitting and enforcement program;

(b)

The affiant has knowledge of or probable cause to believe that there is an existing or potential violation of applicable Borough regulations in the residential unit; and/or

(c)

The entry is necessary for the purpose of reinspecting a violation of a Borough regulation previously observed by the Code Officer and which the Code Officer ordered to be corrected.

(2)

No search warrant is required if an imminent danger to health and safety exists, or the Code Officer has probable cause to believe that a dangerous condition exists and an inspection is required to determine if an imminent danger to health or safety exists.

E.

Emergency order. If the Code Officer determines that, within any residential premises, an emergency condition exists which requires immediate action to protect the public health, safety and/or welfare, the Code Officer may issue a determination declaring the existence of such emergency condition and an order requiring the action necessary to be undertaken by any owner to correct such condition effectively and immediately. The owner may file an appeal of any such order with the Board, but any such appeal shall neither serve as nor have the effect of a supersedeas.

A.

Whenever the Code Officer believes, or has cause to believe, that a violation of this article, any Regulation or any other Borough regulation exists, the Code Officer shall give written notice to the owner that an inspection is required, and the owner shall promptly schedule the inspection.

B.

Content of notice.

(1)

If the Code Officer determines that a violation exists, the Code Officer shall issue an NOV, which NOV shall:

(a)

State the nature of the violation;

(b)

Identify the regulation violated;

(c)

Identify the date the notice is issued; and

(d)

Include an order requiring correction within a specified time.

(2)

The NOV may contain other requirements for compliance as well as any other pertinent information or statements which the Code Officer deems appropriate under the circumstances.

C.

Service of notice.

(1)

Service of an NOV, issued by the Code Officer, shall be made by both regular first-class mail, postage prepaid, and certified mail, return receipt requested, requiring a receipt signed by any person identified as the owner or the owner's authorized agent as identified on the application or by subsequent written notice from the owner to the Borough Secretary. Service of the NOV shall be complete upon delivery; provided, however, that if an NOV served by certified mail is returned with the notification by the U.S. Postal authorities that the addressee failed to claim the NOV, refused to accept the NOV or that the NOV was undeliverable, and the NOV mailed by first-class mail has not been returned within 15 days of mailing, the NOV shall be deemed effectively served at the end of said fifteen-day period.

(2)

If both mailed NOVs are returned as either unclaimed, unaccepted or undeliverable, the Borough shall attempt to serve the NOV personally upon any adult occupant of the residential unit which is the subject of the NOV, and the NOV shall also be affixed to the exterior of the room or building in which the residential unit is located.

(3)

An NOV personally served on the owner shall be effective immediately for all purposes.

A.

All residential units shall comply with the following Regulations:

(1)

All exterior property and premises shall be maintained in a clean, safe and sanitary condition, including all maintenance and repairs to sidewalks and curbs. Residential units shall have a walking surface to a public right-of-way, maintained in good condition.

(2)

All exterior stairways shall be in good condition and equipped with handrails in good condition.

(3)

The exterior of residential units shall be maintained with all grass trimmed under six inches.

(4)

House numbers on all residential units must be installed and visible from the street. House numbers shall be a minimum of four inches tall and contrasting in color from the background on which they are installed.

(5)

All exterior electric receptacles must comply with the applicable electrical code.

(6)

Any sump pump located in a residential unit or any common area serving one or more residential units shall be piped to the outside and shall not be connected to the sanitary sewer system.

(7)

The furnace or heater for each residential unit shall be in working condition. Every fuel-fired furnace must have an emergency switch at the stairway entrance.

(8)

The residential unit shall be equipped with working smoke detectors, one on each floor and one in each bedroom.

(9)

The hot water heater for each residential unit shall be equipped with a blow-off valve piped eight to 10 inches from the floor.

(10)

Each residential unit shall have GFI outlets in the kitchen and each bathroom. Electrical pan circuit breakers shall be identified.

(11)

All doors and locks in the residential unit shall be operable.

(12)

All windows in the residential unit shall be in good condition.

(13)

All interior stairways shall be in good condition and equipped with handrails in good condition.

(14)

Any new electrical service installation being inspected shall bear an electrical underwriter certification.

(15)

Any residential unit which has either an attached garage, one or more fuel-fired appliances and a basement, or any of the foregoing, shall be equipped with a working carbon monoxide alarm.

A.

Every owner and occupant of a residential unit shall permit the Code Officer access thereto for the purpose of inspection pursuant to this article. The owner is responsible for scheduling inspection with the Code Officer, at such times as the Code Officer's schedule permits. The owner shall schedule the inspection within the sixty-day period preceding any event requiring a new permit.

B.

The owner of each residential unit shall maintain the unit and all common areas used by the occupants of the unit and all facilities servicing the unit and the building in which and the property on which the unit is located in compliance with all applicable regulations at all times.

Fees, the time for their payment, and interest for nonpayment for applications, permits, inspections, reinspections and other matters pursuant to this article and the Regulations shall be as established, from time to time, by Borough Council, by written resolution.

A.

An owner to whom a notice of violation has been issued by the Code Officer may appeal the NOV to the Board, as provided in this article.

B.

Any such appeal shall be commenced by filing a notice of appeal with the Borough Secretary within 15 days after service of or deemed service of the NOV on the appellant. At the time of filing the notice of appeal, the appellant shall pay to the Borough Secretary a filing fee, the amount of which shall be established by resolution of Borough Council. The notice of appeal shall state specifically all the grounds and facts on which the Code Officer's determination and/or order is challenged and shall identify the mailing address of the appellant for purposes of all communications concerning the appeal.

C.

Within 30 days after the Borough's receipt of the notice of appeal, the Board shall hold a public hearing thereon. Written notice of the hearing shall be given not less than 15 days prior to the date of the hearing to the following individuals:

(1)

The appellant;

(2)

The Borough Council;

(3)

The Code Officer; and

(4)

The Borough Solicitor.

D.

The Board shall issue an adjudication of the appeal within 15 days after the conclusion of the Board's hearing. The adjudication shall be in writing, shall contain findings of fact, reasons for the adjudication, conclusions of law and an order. The adjudication and order shall be served upon all parties or their attorney of record by first-class regular mail, postage prepaid, or by personal service, within three business days of the issuance of the adjudication.

E.

During the hearing, the Board shall review the NOV, the notice of appeal, and applicable rules and regulations, and take such testimony and hear such witnesses as the Board deems appropriate. Strict rules of evidence shall not apply, but irrelevant, immaterial and repetitive evidence may be excluded. The scope of the Board's review shall be limited to the specific issues raised by the notice of appeal.

F.

The Board's hearing and any adjudication rendered shall be in accordance with the provisions of the Pennsylvania Local Agency Law (2 Pa.C.S.A. § 551 et seq.), as amended.

G.

Any appeal from the Board's adjudication and order shall be filed with the Court of Common Pleas of Chester County within 30 days after the date the adjudication and order are mailed to or served personally upon the party appealing or the attorney of record for the party appealing, whichever occurs first.

A.

The Residential Occupancy Review Board shall consist of three members ("members") who shall be appointed by Borough Council. The members shall serve initially for staggered terms, as designated by the Borough Council, of one, two and three years; thereafter, the term of office shall be for a period of three years for all members.

B.

If a vacancy occurs on the Board, Borough Council shall fill such vacancy by appointment; any person so appointed shall hold that position until the end of the unexpired term to which that person was appointed.

C.

Members shall elect a Chairperson from among their members and may adopt such rules, procedures and regulations, consistent with this article and the Local Agency Law, as the Board deems necessary and appropriate to perform its duties.

Any person violating any of the provisions of this article shall, upon conviction thereof, be sentenced to pay a fine of not less than $500 nor more than $1,000 and the costs of prosecution, and in default of payment of said fines and costs, to imprisonment for a term not to exceed 30 days. Every violation of this article shall constitute a separate offense, and each day that a violation of this article occurs shall constitute a separate offense.

This article shall be known as the "West Grove Residential Rental Units Occupancy Ordinance."

A.

In this article, the following terms shall have the meanings indicated in this section:

APPLICATION

An application for a permit, filed with the Borough by the property owner pursuant to this article.

BEDROOM

A room furnished with a bed and intended to be used primarily for sleeping.

BOARD

The Residential Occupancy Review Board established pursuant to this article.

BOROUGH

The Borough of West Grove, Chester County, Pennsylvania.

BOROUGH COUNCIL

The duly elected Borough Council of the Borough of West Grove.

BOROUGH SECRETARY

The person appointed as Borough Secretary by Borough Council.

BUILDING CODE

The Borough's Building Code, as the same may be amended from time to time.

BUILDING PERMIT

The building permit required by the Borough's then-current Building Code.

CODE OFFICER

The Borough's Zoning Officer/Building Inspector or any authorized representative of that officer, and/or any other person authorized by the Borough Council to inspect pursuant to, and to enforce, this article.

DISRUPTIVE CONDUCT

Any form of conduct, action, incident or behavior perpetrated, caused or permitted by any occupant or visitor of 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 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 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. An incident relating to assistance to a victim of abuse or crime or individuals in an emergency shall not constitute an incident of disruptive conduct or result in a violation of this article or enforcement of this article.

DISRUPTIVE CONDUCT REPORT

A written report of disruptive conduct on a form to be prescribed therefor, to be completed by the Code Officer or police, as the case may be, who actually investigates an alleged incident of disruptive conduct and which shall be maintained by the Code Officer.

DWELLING UNIT

One or more rooms let for rent, in a building, designated, used or intended to be used as a single and separate unit, with its own sleeping area(s), and cooking and sanitation facilities, occupied or to be occupied by one or more persons as a rental housekeeping unit.

LANDLORD

A lessor or owner, or person who acts as agent for the lessor, of any residential rental unit located in the Borough of West Grove.

NOTICE OF APPEAL

A notice of appeal filed with the Borough pursuant to this article.

NOTICE OF VIOLATION (NOV)

Any notice of violation given by the Code Officer pursuant to this article.

OCCUPANT

An individual who resides in a residential rental unit, whether or not he or she is the owner thereof. "Occupant" shall not include a person who is visiting an occupant of a residential rental unit for a period of seven days or less.

OWNER

Any individual, firm, corporation, association, partnership, limited liability company or other legal entity, which alone, or jointly or severally with others, holds legal title or equitable title to the residential rental unit. (The plural use includes each and every owner.)

PERMIT

A residential rental occupancy permit issued by the Code Officer pursuant to this article.

PERSON

Any individual, partnership, association, firm or corporation.

POLICE

The Southern Chester County Regional Police Commission or any properly authorized member or officer thereof or any law enforcement agency having jurisdiction within the Borough of West Grove.

PREMISES

Any parcel of real estate within the Borough of West Grove, including land and all buildings and appurtenant structures on which one or more residential rental units are located.

PROPERTY MAINTENANCE CODE

The International Property Maintenance Code of 2015, and amendments, supplements, updates or replacements, as herein or hereafter made.

REGULATIONS

Regulations, adopted pursuant to this article, to implement this article. (The use of "regulations" in the lower case is not this term.)

RESIDENTIAL RENTAL UNIT

A dwelling unit or rooming unit or other residential unit located within the Borough of West Grove with one or more rooms used for living and sleeping purposes arranged for occupancy by one family or by one or more persons which is leased to a tenant by a landlord.

ROOMING HOUSE

A building or part of a building with two or more rooming units let for rent.

ROOMING UNIT

Any room or group of rooms occupied or intended to be occupied by one or more persons for sleeping or living, but not a dwelling unit.

TENANT

A person who has the use, either by himself or with others, of a residential rental unit owned by a person other than himself.

VIOLATION(S)

A violation and/or noncompliance with the requirements of this article, the Regulations and/or any other applicable Borough regulation.

B.

Whenever an "owner" is required to do something pursuant to this article, all owners shall have the duty jointly and severally.

C.

Whenever the phrase "pursuant to this article" is used with respect to a requirement, it shall mean, unless the context clearly indicates otherwise, pursuant to this article, the Regulations and any determination and/or order of the Code Officer.

A.

Permits required. A current valid permit for a residential rental unit(s) is required:

(1)

Prior to each and every occurrence of the following:

(a)

Any person who was not identified as an occupant of the unit at the time of issuance of a current valid permit occupies any residential rental unit;

(b)

The transfer of title to, possession, and/or lease of any residential rental unit;

(c)

The transfer of title to any building containing one or more residential rental units;

(d)

The occupancy (either new or continued) of any residential rental unit which has been enlarged or reduced in size for which any accessway to the outside has been changed;

(2)

On or before the issuance of each occupancy certificate, pursuant to the Building Code, after work requiring a building permit is completed;

(3)

For the continued occupancy after January 1, 2020, of each residential rental unit;

(4)

For each residential rental unit, prior to the expiration of the current valid permit; and

(5)

For conditioned occupancy of any residential rental unit after the permit for that unit has been revoked and any period for obtaining a new permit for that unit, as established by the Code Officer, has elapsed.

B.

Duration of permit.

(1)

Each permit for a residential rental unit shall expire automatically one year after it is issued.

(2)

A permit shall become void automatically when the residential rental unit for which it is issued is changed or used in any way which requires a new permit.

(3)

A permit shall become void if and when revoked by the Code Officer, pursuant to the Code Officer's written determination issued to the owner, that the residential rental unit for which the permit was issued is noncompliant with the Property Maintenance Code and/or the Building Code.

C.

Application for permit.

(1)

The owner(s) of the property where a residential rental unit requiring a permit is located is/are responsible, jointly and severally, for filing an application for a permit with the Borough, which application must comply with all the requirements established pursuant to this article and any applicable Regulation or other Borough regulation for such application.

(2)

All applications shall be in writing, shall be submitted upon the Borough's form for such application, shall provide all the information required pursuant to this article and shall be accompanied by the required fee. The Borough shall have no duty to process any application that is determined to be incomplete or not accompanied by the required fee.

(3)

The information to be provided by the owner with the application shall include:

(a)

The street address of the property where the residential rental unit is located, the Chester County uniform parcel identifier number for that property and any street address separately identifying the residential rental unit itself;

(b)

The number of residential rental units located on the property;

(c)

The name and mailing address of the owner(s) and landlords of the property to which notices should be sent pursuant to this article;

(d)

The number and names of all occupants of each residential rental unit who will occupy the unit pursuant to the requested permit; and

(e)

All other information required pursuant to the Regulations.

(4)

Requirements for issuance of permit. The Code Officer shall issue the permit for the residential rental unit when:

(a)

The required application has been filed with the Borough;

(b)

All the required fees have been paid in full;

(c)

The Code Officer has inspected the residential rental unit and any and all common areas and facilities serving the Unit and determined that, to the extent observed by the Code Officer, the residential rental unit and all such common areas and facilities inspected appear to be in compliance with all applicable Regulations and other Borough regulations;

(d)

In the case of a residential rental unit in a rooming house, the entire rooming house shall be inspected, and the Code Officer must determine that the rooming house in its entirety is in compliance with all applicable Regulations and other Borough regulations.

(5)

Denial of permit. If, upon inspection, the Code Officer determines that a permit should not be granted, due to any condition(s) that does/do not comply with applicable Regulations or other Borough regulations, the Code Officer shall issue to the owner a written determination identifying the noncompliant condition(s) and ordering that compliance be achieved in a timely manner. The owner shall comply with all such orders; provided, however, that the owner may appeal any such order to the Board, but only as provided in this article. No such appeal shall relieve the owner of the immediate duty to correct dangerous and/or nuisance conditions.

D.

Effect of permit. The issuance of a permit for a residential rental unit which is not new construction is based upon inspection of conditions readily observable. A permit does not constitute a representation of the Borough that there is no condition at the inspected premises which violates applicable Regulations or other Borough regulations. The Borough's ability to enforce compliance with its Regulations or other applicable regulations with respect to conditions existing at the time of issuance of a permit is not limited by the issuance of the permit or any reliance thereon.

A.

Any person who is or becomes a landlord or other owner of any residential rental unit located in the Borough of West Grove by agreement of sale, by deed, lease or by any other means, shall, within 10 days thereafter, report to the Borough Secretary, on a report form supplied by the Borough, the following information:

(1)

List of all residential rental units owned or managed by the landlord, located within the Borough of West Grove, whether occupied or not occupied.

(2)

Address of each residential rental unit.

(3)

Whether or not the residential rental unit is inhabited by a tenant or tenants.

(4)

Names of each tenant occupying the residential rental unit, if any, including their phone number, age, beginning and end date of the lease, email address and employer, if any.

B.

Every landlord or owner of a residential rental unit shall report to the Borough Secretary on a report form to be supplied by the Borough any change in the use or occupancy of any residential rental unit owned or managed by such landlord or owner. The reported change shall include the name or names of new tenants of such residential rental unit, the date when such change was effected and the forwarding address of the old tenant or tenants if known. In the event that a residential rental 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 10 days after a residential rental unit has had a change in occupancy or has become vacant.

C.

The landlord or owner of each residential rental unit shall file a permit application annually no less than 60 days prior to the expiration of the then-current permit.

D.

Every landlord, owner and occupant of a residential rental unit shall permit the Code Officer access thereto for the purpose of inspection pursuant to this article. The landlord or owner is responsible for scheduling inspection with the Code Officer, at such times as the Code Officer's schedule permits. The landlord or owner is responsible for scheduling and coordinating with the occupants of the residential rental unit to be inspected, so that the Code Officer shall have prompt access as scheduled. The landlord or owner shall schedule the inspection within the sixty-day period preceding the expiration of the current permit and/or the occupancy of any event requiring a new permit.

E.

The owner or landlord of each residential rental unit shall maintain the unit and all common areas used by the occupants of the unit and all facilities servicing the unit and the building in which and the property on which the unit is located in compliance with all applicable Regulations and other Borough regulations at all times.

When, following an investigation of an alleged violation of the registration of tenants provisions of this article, the police or Code Officer determines that an individual or individuals who are not registered with the Borough in accordance with the provisions of this article are occupants of a residential rental unit, the police or Borough Code Officer are hereby authorized to remove such occupants upon five days' prior written notice. A copy of such written notice shall be delivered to the Secretary of the Borough on the day such written notice is served upon the occupant or occupants.

A.

General. The occupant shall comply with all obligations imposed upon occupants by this article, all applicable codes and ordinances of the Borough of West Grove and all applicable provisions of law.

B.

Health and safety regulations.

(1)

The maximum number of persons permitted in any residential rental unit at any time shall not exceed the limitations set forth in § 318-18 below.

(2)

The occupant shall deposit all rubbish, garbage and other waste from his or her residential rental unit into containers provided by the landlord in a clean and safe manner and shall separate and place for collection all recyclable materials, in compliance with the Borough of West Grove's Recycling Ordinance and all other applicable Regulations or other Borough regulations.

C.

Peaceful enjoyment. The occupant shall conduct himself or herself and require any other person, including, but not limited to, guests on the premises and within his or her residential 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 properties by the persons occupying same.

D.

Residential use. The occupant shall, unless otherwise permitted by applicable law or ordinance or regulation, occupy or use his or her residential rental unit for no other purpose than as a residence.

E.

Disruptive conduct.

(1)

The occupant shall not engage in disruptive conduct or other violations of this article.

(2)

When police or the Code Officer investigate an alleged incident of disruptive conduct, he or she shall complete a disruptive conduct report upon a 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 investigation 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 Officer. In all cases, the Code Officer shall mail a copy of the disruptive conduct report to the landlord within three working days of the occurrence of the alleged disruptive conduct, whether the person making the investigation on behalf of the Borough is the Code Officer or police. A response to a residence or tenancy to assist a victim of abuse or crime or individuals in an emergency shall not constitute an incident of disruptive conduct or result in a violation of this article or enforcement of this article.

(3)

After receipt of a disruptive conduct report from the Code Officer, the landlord shall take immediate steps to remedy the violation and take steps to assure that there is not a reoccurrence of the violation. Within 10 days after receipt of a disruptive conduct report, the landlord shall file with the Code Officer a report, on a form provided by the Borough, setting forth what action the landlord has taken to remedy the violation and what steps he or she has taken to prevent a reoccurrence of the violation. Failure to do so shall be a violation of this article.

F.

Removal or defacement of notice. It shall be a violation of this article for any person to remove or deface any notice or document required to be posted within a residential rental unit, and it shall be unlawful for any person to occupy the residential rental unit unless all notices and documents are posted as required.

G.

Disruptive conduct. It shall be a violation of this article for any occupant or any other person to engage in disruptive conduct as defined by this article.

Residential rental units shall not be occupied by more occupants than permitted by the Property Maintenance Code.

The Borough shall:

A.

Maintain on file at the Borough office the names of the landlords and owners owning and managing residential rental units in the Borough, said list to include the names of the current tenants of said residential rental units.

B.

Maintain a supply of forms for landlords to use in making reports to the Borough as required by §§ 318-14, 318-15 and 318-16 above.

C.

Notify the police and the Fire Chief of the Borough of the address and description of any residential rental unit that is vacant, unoccupied and not in use.

A.

The Code Officer shall administer and enforce this article and the Regulations.

B.

The Code Officer is hereby authorized under this article to inspect to determine the condition, occupancy, number of occupants, use and/or compliance, of any and all residential rental units pursuant to this article, the Regulations and any and all other applicable Borough regulations.

C.

The Code Officer is hereby authorized to issue permits, revoke permits and issue determinations of noncompliance with this article, the Regulations and other applicable Borough regulations, to issue orders compelling such compliance and to file and process legal and equitable actions to compel such compliance.

D.

Search warrants.

(1)

If entry to any property, building or residential rental unit, for the purpose of inspection, is denied to the Code Officer, the Code Officer may apply to the appropriate authority for an administrative search warrant. Without limitation, when denied access, the Code Officer may request a warrant for the following reasons:

(a)

The inspection is part of a systematic inspection permitting and enforcement program;

(b)

The affiant has knowledge of or probable cause to believe that there is an existing or potential violation of the Regulations or other applicable Borough regulations, in the residential rental unit; and/or

(c)

The entry is necessary for the purpose of reinspecting a violation of a Borough regulation previously observed by the Code Officer and which the Code Officer ordered to be corrected.

(2)

No search warrant is required if an imminent danger to health and safety exists, or the Code Officer has probable cause to believe that a dangerous condition exists and an inspection is required to determine if an imminent danger to health or safety exists.

E.

Emergency order. If the Code Officer determines that, within any residential premises, an emergency condition exists which requires immediate action to protect the public health, safety and/or welfare, the Code Officer may issue a determination declaring the existence of such emergency condition and an order requiring the action necessary to be undertaken by any owner to correct such condition effectively and immediately. The owner may file an appeal of any such order with the Board, but any such appeal shall neither serve as nor have the effect of a supersedeas.

A.

Whenever the Code Officer believes, or has cause to believe, that a violation of this article, any Regulation or any other Borough regulation exists, the Code Officer shall give written notice to the owner that an inspection is required, and the owner shall promptly schedule the inspection.

B.

Content of notice.

(1)

If the Code Officer determines that a violation exists, the Code Officer shall issue an NOV, which NOV shall:

(a)

State the nature of the violation;

(b)

Identify the Regulation or regulation violated;

(c)

Identify the date the notice is issued; and

(d)

Include an order requiring correction within a specified time.

(2)

The NOV may contain other requirements for compliance as well as any other pertinent information or statements which the Code Officer deems appropriate under the circumstances.

C.

Service of notice.

(1)

Service of an NOV, issued by the Code Officer, shall be made by both regular first-class mail, postage prepaid, and certified mail, return receipt requested, requiring a receipt signed by any person identified as the owner or the owner's authorized agent as identified on the application or by subsequent written notice from the owner to the Borough Secretary. Service of the NOV shall be complete upon delivery; provided, however, that if an NOV served by certified mail is returned with the notification by the U.S. Postal authorities that the addressee failed to claim the NOV, refused to accept the NOV or that the NOV was undeliverable, and the NOV mailed by first-class mail has not been returned within 15 days of mailing, the NOV shall be deemed effectively served at the end of said fifteen-day period.

(2)

If both mailed NOVs are returned as either unclaimed, unaccepted or undeliverable, the Borough shall attempt to serve the NOV personally upon any adult occupant of the residential rental unit which is the subject of the NOV, and the NOV shall also be affixed to the exterior of the room or building in which the residential rental unit is located.

(3)

An NOV personally served on the owner shall be effective immediately for all purposes.

D.

Administration of article in accordance with state law. Notwithstanding any other term or provision of this article, the Code Officer shall at all times comply with the Pennsylvania Municipal Code and Ordinance Compliance Act[1] and all other applicable state laws and regulations.

[1]

Editor's Note: See 68 P.S. § 1081 et seq.

A.

All residential rental units shall comply with the following Regulations:

(1)

All exterior property and premises shall be maintained in a clean, safe and sanitary condition, including all maintenance and repairs to sidewalks and curbs. Residential rental units shall have a walking surface to a public right-of-way, maintained in good condition.

(2)

All exterior stairways shall be in good condition and equipped with handrails in good condition.

(3)

The exterior of residential rental units shall be maintained with all grass trimmed under six inches.

(4)

House numbers on all residential rental units must be installed and visible from the street.

(5)

All exterior electric receptacles must comply with the Property Maintenance Code and any other applicable electrical code.

(6)

Any sump pump located in a residential rental unit or any common area serving one or more residential rental units shall be piped to the outside and shall not be connected to the sanitary sewer system.

(7)

The furnace or heater for each residential rental unit shall be in working condition and must have an emergency switch at the stairway entrance.

(8)

The residential rental unit shall be equipped with working smoke detectors, one on each floor and one in each bedroom.

(9)

The hot water heater for each residential rental unit shall be equipped with a blow-off valve piped eight to 10 inches from the floor.

(10)

Each residential rental unit shall have GFI outlets in the kitchen and each bathroom. Electrical panel circuit breakers shall be identified.

(11)

All doors and locks in the residential rental unit shall be operable.

(12)

All windows in the residential rental unit shall be in good condition.

(13)

All interior stairways shall be in good condition and equipped with handrails in good condition.

(14)

Any new electrical service installation being inspected shall bear an electrical underwriter certification.

(15)

Any residential rental unit which has either an attached garage, one or more fuel-fired appliances and a basement, or any of the foregoing, shall be equipped with a working carbon monoxide alarm.

(16)

All residential rental units shall comply with all applicable provisions and requirements of the Property Maintenance Code.

Fees, the time for their payment, and interest for nonpayment for applications, permits, inspections, reinspections and other matters pursuant to this article and the Regulations shall be as established, from time to time, by Borough Council, by written resolution.

A.

An owner to whom a notice of violation has been issued by the Code Officer may appeal the NOV to the Board, as provided in this article.

B.

Any such appeal shall be commenced by filing a notice of appeal with the Borough Secretary within 15 days after service of or deemed service of the NOV on the appellant. At the time of filing the notice of appeal, the appellant shall pay to the Borough Secretary a filing fee, the amount of which shall be established by resolution of Borough Council. The notice of appeal shall state specifically all the grounds and facts on which the Code Officer's determination and/or order is challenged and shall identify the mailing address of the appellant for purposes of all communications concerning the appeal.

C.

Within 30 days after the Borough's receipt of the notice of appeal, the Board shall hold a public hearing thereon. Written notice of the hearing shall be given not less than 15 days prior to the date of the hearing to the following individuals:

(1)

The appellant;

(2)

The Borough Council;

(3)

The Code Officer; and

(4)

The Borough Solicitor.

D.

The Board shall issue an adjudication of the appeal within 15 days after the conclusion of the Board's hearing. The adjudication shall be in writing, shall contain findings of fact, reasons for the adjudication, conclusions of law and an order. The adjudication and order shall be served upon all parties or their attorney of record by first-class regular mail, postage prepaid, or by personal service, within three business days of the issuance of the adjudication.

E.

During the hearing, the Board shall review the NOV, the notice of appeal, and applicable rules and regulations, and take such testimony and hear such witnesses as the Board deems appropriate. Strict rules of evidence shall not apply, but irrelevant, immaterial and repetitive evidence may be excluded. The scope of the Board's review shall be limited to the specific issues raised by the notice of appeal.

F.

The Board's hearing and any adjudication rendered shall be in accordance with the provisions of the Pennsylvania Local Agency Law (2 Pa.C.S.A. § 551 et seq.), as amended.

G.

Any appeal from the Board's adjudication and order shall be filed with the Court of Common Pleas of Chester County within 30 days after the date the adjudication and order are mailed to or served personally upon the party appealing or the attorney of record for the party appealing, whichever occurs first.

A.

The Residential Occupancy Review Board shall consist of three members ("members") who shall be appointed by Borough Council. The members shall serve initially for staggered terms, as designated by the Borough Council, of one, two and three years; thereafter, the term of office shall be for a period of three years for all members.

B.

If a vacancy occurs on the Board, Borough Council shall fill such vacancy by appointment; any person so appointed shall hold that position until the end of the unexpired term to which that person was appointed.

C.

Members shall elect a Chairperson from among their members and may adopt such rules, procedures and regulations, consistent with this article and the Local Agency Law, as the Board deems necessary and appropriate to perform its duties.

Any person violating any of the provisions of this article shall, upon conviction thereof, be sentenced to pay a fine of not less than $500 nor more than $1,000 and the costs of prosecution, and in default of payment of said fines and costs, to imprisonment for a term not to exceed 30 days. Every violation of this article shall constitute a separate offense, and each day that a violation of this article occurs shall constitute a separate offense.