[HISTORY: Adopted by the Borough Council of the Borough of
Plymouth as indicated in article histories. Amendments noted where
applicable.]
[Adopted 9-11-2012 by Ord. No. 3-2012]
This article shall be referred to as the "Residential Rental
Unit Ordinance."
The purpose of this article is to protect the health, safety
and welfare of the residents of the Borough by establishing registration
and licensing requirements for landlords. In order to meet this purpose,
it is necessary to establish and maintain records as to all rental
units located in the Borough and maintain a list of the tenants occupying
the same. Furthermore, in order to obtain compliance with this article,
it is necessary to implement an enforcement procedure, which includes
fines and penalties for noncompliance.
As used in this article, the following terms shall have the
meanings indicated:
Any building or portion thereof designed or used exclusively
as the residence or sleeping place of one or more persons. This definition
shall be construed to include mobile homes and rooming houses. This
definition shall not be construed to include hotels, motels, homeless
shelters, dormitories, hospitals, buildings or portions thereof owned
or operated by a Housing Authority created or organized in accordance
with the Housing Authorities Law, 35 P.S. ยงย 1541, rehabilitation
or treatment centers, nursing homes or personal care homes.
One or more persons, jointly or severally, in whom all or
part of the legal title to the premises is vested 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.
The license issued to the owner of residential unit(s) in
accordance with this article, which is required for the lawful rental
and occupancy of residential units.
An individual who resides in a residential unit, as defined
herein, with whom a legal relationship with the owner/landlord is
established or exists by virtue of a lease or by the laws of the Commonwealth
of Pennsylvania.
One or more persons, jointly or severally, in whom all or
part of the legal title to the premises is vested 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 natural person, partnership, corporation, unincorporated
association, limited partnership, limited liability company, trust
or any other entity.
A natural person, partnership, corporation, unincorporated
association, limited partnership, limited liability company, trust
or any other entity appointed by a landlord to take care of a residential
rental property or unit within the Borough and act as agent for the
landlord.
Any structure within the Borough occupied by someone other
than the owner of the real estate as determined by the most current
deed, recorded in the Recorder of Deeds Office for Luzerne County,
and for which the owner of said real estate receives any value, no
matter how nominal, including, but not limited to, money, barter or:
exchange of goods or services. Each apartment within a building or
structure is a unit which requires a license.
A.ย
Registration. Every owner of a residential unit, as defined in this
article, must register the unit with the Borough Code Enforcement
Officer as hereinafter set forth:
(1)ย
All residential units must be registered with the Code Enforcement
Officer on or before October 1 of each year.
(2)ย
Any owner, as defined in this article, who converts any structure
to a residential rental unit or units shall register the residential
unit or units with the Borough's Code Enforcement Officer upon
the earliest occurrence of the one of the following:
(3)ย
The purchaser and purchaser's agent shall notify the Borough
of any purchase or transfer of a residential rental unit within 10
days of such occurrence or transaction. Also, a mortgage holder who
comes in possession of a residential rental unit within 10 days of
doing so shall notify the Borough of the same.
(4)ย
The following registration information shall be provide to the Borough
by all owners:
(5)ย
The owner of a residential rental unit must report in writing any
changes in the registration information to the Code Enforcement Officer
within 10 days of their occurrence.
(6)ย
The owner of a residential rental unit must notify the Borough of
any changes of a tenant(s) by providing the name of said tenant(s)
in writing to the Borough Code Enforcement Officer within 10 days
of said change.
A.ย
Prior to entering into a rental agreement or permitting the occupancy
of any residential rental unit, the owner/landlord thereof shall be
required to apply for and obtain a license for each rental unit. The
cost of the license shall be $35 per unit. The purpose of the costs
is to cover the expense incurred by the Borough to process the license
application and maintain the information required under this article.
The Council may change the current license fee by resolution.
B.ย
A license shall be required for all residential units.
C.ย
The application for a license shall be in a form as determined by
the Borough.
A.ย
Every landlord/owner shall be required to keep and maintain all residential
rental units in compliance with all applicable laws and regulations
of the Commonwealth of Pennsylvania and all ordinances of the Borough
of Plymouth and to keep such property in a good and safe condition.
The transfer or assignment of these duties to the tenants or any other
person shall not relieve the landlord/owner from these responsibilities
or the liability associated therewith.
B.ย
It shall be the landlord/owners responsibility for the management
of their property in conformity with all the laws of the Commonwealth
of Pennsylvania as well as the ordinances of the Borough of Plymouth.
C.ย
Landlords/owners are expected to use every legal means available
to them to evict tenants who routinely engage in disorderly conduct,
disturb the peace, or create excessive noise. The term "routinely
engaged" is defined as three or more violations of any of the aforementioned
actions mentioned herein above in any thirty-day period or more than
six times in any twelve-month period. Regarding the violation of any
federal or state criminal laws pertaining to the illegal distribution
of drugs or drug paraphernalia, the owner/landlord shall use all legal
means to evict any tenant convicted of or pleading guilty to the same.
A.ย
This article shall be enforced by the Code Enforcement Officer of
the Borough of Plymouth.
B.ย
If in the judgment of the Code Enforcement Officer it appears that
a violation of this article has occurred, the Code Enforcement Officer
shall institute enforcement proceedings by sending a violation notice
to the owner or landlord. The violation notice shall include, but
may not be limited to: name of owner of record and any other person
who may be responsible; the address of the property in violation;
the specific violation with a description of the requirements which
have not been met, citing the applicable sections of this article;
the date by which compliance must be completed; that the recipient
has 30 days from the date on the notice to appeal the violation notice
to the Plymouth Borough Council; that failure to appeal to the Borough
Council within the time period specified constitutes an admission
of the violation and results in a per se violation of this article
and specify the specific action that will be taken for that failure
to comply with this notice within the specified time period, unless
timely appealed to the Borough Council. The notice shall be sent by
regular mail and certified mail restricted delivery, return receipt
requested.
C.ย
Magisterial District Judges shall have initial jurisdiction over proceedings Borough under Subsection D below.
D.ย
Any person, owner or landlord as defined under this article, who
has violated or permitted a violation of this article, shall, upon
being found liable therefor in a civil enforcement proceeding commenced
by Plymouth Borough and/or the Code Enforcement Officer, pay a fine
of not less than $400 and not more than $1,000, plus all costs, including
filing fees and attorneys' fees incurred by the Borough as a result
of said proceedings. Each day that the violation continues shall constitute
a separate violation. No judgment shall commence or be imposed, levied
or payable until the date of the determination of a violation by the
Magisterial District Judge. If the defendant neither pays nor appeals
the judgment, the Borough may enforce the judgment pursuant to the
applicable rules of civil procedure. All judgments, costs and attorneys'
fees collected shall be payable to the Borough.
E.ย
The foregoing penalties or actions shall not be construed to limit
or deny the right of Plymouth Borough, its agents or representatives
from pursuing any other legal or equitable remedy available in accordance
with any other applicable law.
A.ย
The filing fee that must accompany any appeal of a violation notice referred to in ยงย 189-7 above is $200. This fee can be amended from time to time by a resolution of the Borough Council.
B.ย
Upon receipt of such appeal, the Borough Manager shall schedule a
hearing to be held at the next regularly scheduled meeting of Council
that is not less than 10 days from the date the appeal is received
by the Borough.
C.ย
Borough Council shall conduct a hearing on the appeal in accordance
with the Local Agency Law, 2 Pa.C.S.A. ยงย 551 et seq. Such
decision shall be render by the Borough Council either immediately
after the hearing at the public meeting or within 45 days after the
hearing at either a regular or special meeting of the Borough Council.
D.ย
All notices shall be sent by certified mail return receipt and regular
mail. If the certified mail is refused or unclaimed but the regular
mail is not returned within 15 days of mailing, service is deemed
completed. If service cannot be made by mail, the notice shall be
posted on the premises and five days after posting service will be
deemed complete.
If any section or provision of this article is adjudicated by
a Court of competent jurisdiction to be unlawful, void and unenforceable
or invalid all of the remaining sections shall remain in full force
and effect.
This article shall become effective immediately upon adoption
and all prior ordinances or any parts thereof that are inconsistent
herewith are hereby repealed.