[Amended 5-18-1999 by Ord. No. 13775[1]]
[1]
Editor's Note: Ordinance No. 13775 was a certified voter initiative,
passed by the voters on 5-18-1999.
A.
The purpose of this article and the policy of the City of Allentown
shall be to protect and promote the public health, safety and welfare
of its citizens, to establish rights and obligations of owners and
occupants relating to residential rental units in the City and to
encourage owners and occupants to maintain and improve the quality
of rental housing within the community. As a means to these ends,
this article provides for a systematic inspection program, registration
and licensing of residential rental units, and penalties.
B.
In considering the adoption of this article, the City makes the following
findings:
(1)
There is a growing concern in the community with the general
decline in the physical condition of residential rental units;
(2)
City records indicate there is a greater incidence of problems
with the maintenance and upkeep of residential properties which are
not owner-occupied as compared to those that are owner-occupied;
(3)
City records indicate there are a greater number of disturbances
at residential rental units than all other properties combined; and
(4)
City records indicate that violations of the various codes are
generally less severe at owner-occupied units as compared to residential
rental units.
The following definitions are hereby added to § 455-22, Definitions.
Any state or local code or ordinance adopted, enacted or in effect in and for the City of Allentown including, but not limited to, the Pennsylvania Uniform Construction Code, International Building Code, International Plumbing Code, International Mechanical Code, National Electrical Code, Fire Prevention Code, Property Rehabilitation and Maintenance Code, International Property Maintenance Code, International Residential Code, Chapter 660, Zoning, Chapter 525, Solid Waste, Article I, Waste Storage, Collection and Disposal, and Article II, Residential Recycling, and general nuisance ordinances.[1]
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, or causes damage to
said premises or causes damages to said premises, or risks a catastrophe
by destroying, damaging, disabling or failing to maintain smoke detectors
or other life safety features, such that a report is made to or by
a police officer and/or a public 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 said 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 a public officer or
a police officer shall investigate and make a determination that such
did occur, and keep written records, including a disruptive conduct
report, of such occurrences. The tenant and the owner, operator, responsible
agent or manager shall be notified of any such occurrences in writing.
[Amended 11-7-2006 by Ord. No. 14435]
A written report of disruptive conduct on a form to be prescribed
therefore, to be completed by a police officer or a public officer,
as the case may be, who actually investigates an alleged incident
of disruptive conduct and which shall be maintained by the Department
of Community and Economic Development.
Any room or group of rooms located within a hotel or motel
forming a single habitable unit used or intended to be used for living
and sleeping only on a transient basis for a period of less than 30
days.
A written document issued to a person in violation of a City
ordinance which specifies the violation and contains a directive to
take corrective action within a specified time frame or face further
legal action.
A document issued by the Department of Community and Economic
Development to the owner, operator, responsible agent or manager of
a residential rental unit upon correction of all applicable code violations
granting permission to operate a residential rental unit in the City
of Allentown. Such license is required for lawful rental and occupancy
of residential rental units under this article, unless a public officer
has not inspected the unit or violations of the applicable codes are
being corrected and the unit operates under a residential rental registration,
or the residential rental unit is exempt from the license provisions
of this article.
The document issued annually for a fee by the City of Allentown
to the owner, operator, responsible agent or manager of a residential
rental unit evidencing the existence of said residential rental unit.
This registration shall be required until the public officer inspects
the unit and issues a residential rental license. A residential rental
registration shall be required for lawful rental and occupancy of
residential rental units under this article, unless a public officer
has inspected the residential rental unit and has issued a residential
rental license or the residential rental unit is exempt from the registration
provisions of this article. This registration does not warrant the
proper zoning, habitability, safety, or condition of the residential
rental unit in any way.
A rooming unit or a dwelling unit or an other-than-owner-occupied
residential unit to include vacant units. A residential rental unit
shall not include a hotel unit. A residential rental unit includes
dwelling units under lease-purchase agreements, or long-term (greater
than six months) agreements of sale.
[Amended 10-17-2012 by Ord. No. 15022]
A form issued by a police officer or public officer to a
person who violates the provisions of this code. The violation ticket
is an offer by the City of Allentown extended to a person to settle
a violation by paying the fine in lieu of a citation being issued
against the violator.
[Amended 8-24-2009 by Ord. No. 14737]
A.
Owner's duties. It shall be the duty of every owner, operator, responsible
agent or manager to keep and maintain all residential rental units
in compliance with all applicable codes and provisions of all applicable
state laws and regulations and local ordinances, and to keep such
property in good and safe condition and to be aware of, and to act
to eliminate disruptive conduct in such residential rental units.
(1)
It shall be unlawful for any person to conduct or operate or
cause to be rented either as owner, operator, responsible agent or
manager any residential rental unit within the City of Allentown without
having a residential rental registration or a residential rental license,
as required by this article.
(2)
The owner, operator, responsible agent or manager shall include
the amendment attached hereto as the Addendum to Residential Rental
Agreement[1] in each lease of a residential rental unit taking effect
on or after January 1, 2000. Said amendment is hereby considered to
be a part of every lease of a residential rental unit in the City
of Allentown executed on or after January 1, 2000.
[1]
Editor's Note: Said addendum is included as an attachment to this chapter.
(3)
It shall be the responsibility of every owner, operator, responsible
agent or manager to display the residential rental registration or
residential rental license in the residential rental unit. The residential
rental registration or residential rental license shall include the
following information:
(a)
The name, mailing address, telephone number and email address
of the owner, operator, responsible agent or manager;
[Amended 10-17-2012 by Ord. No. 15022]
(b)
The evenings on which garbage and recycling are to be placed
curbside for collection;
(c)
The telephone number to call to register complaints regarding
the physical condition of the residential rental unit;
(d)
The telephone number for emergency police, fire and medical
services;
(e)
The date of expiration of the residential rental registration
or residential rental license; and
(f)
A summary of the owner's and occupant's duties under this article.
(4)
It shall be the responsibility of every owner, operator, responsible
agent or manager to employ policies and to manage the residential
rental units under his/her control in compliance with the provisions
of this ordinance, City codes and applicable state laws.
(5)
No residential rental registration or residential rental license
shall be issued to any residential rental unit owned or operated by
a person residing outside the County of Lehigh unless there is provided
to the Department of Community and Economic Development the name,
mailing address and telephone number of a designated responsible agent
residing or working within the County of Lehigh, authorized to accept
service of process on behalf of the legal owner of said residential
rental unit. For the purpose of this section, a post office box is
not acceptable for the owner and/or responsible agent's address.
(6)
The absentee owner/operator shall be required to notify the
Department of Community and Economic Development within 30 days of
any change in responsible agent.
[Amended 10-23-2012 by Ord. No. 15022]
(7)
Owners or operators residing outside the County of Lehigh but
within a ten-mile radius of Allentown City Hall and meeting the following
criteria shall be exempt from naming a designated responsible agent:
(8)
The residential rental units must pass inspection at the first
reinspection, both interior and exterior of the property must be in
compliance with all codes (there will be an allowance for exterior
repairs for the time of the year);
(9)
The previous year's annual license fee was paid by March 31
of each year prior to 2005 and by April 15 for 2005, and for each
year after 2005; and
[Amended 10-21-2004 by Ord. No. 14219]
(10)
The owner, operator or manager must correct any code violations
cited between the five year full inspections within 30 days.
B.
Occupant duties. The occupant(s) shall comply with all obligations
imposed by this article and all applicable codes and ordinances of
the City of Allentown, as well as all state laws and regulations.
(1)
The occupant(s) shall conduct themselves and require other persons,
including but not limited to guests on the premises and within their
residential rental unit with their 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 people occupying the same.
(2)
The occupant(s) shall not engage in, nor tolerate, nor permit
others on the premises to cause damage to the residential rental unit
or engage in disruptive conduct, or other violations of this article,
City codes or applicable state laws. The occupant(s) shall not tamper
with or interfere with the operation or effectiveness of any smoke
detector. Every occupant shall maintain in a clean and sanitary condition
that part of the dwelling, dwelling or rooming unit, sleeping unit
and yard which he occupies and controls. Every occupant of a dwelling
containing a single dwelling unit shall be responsible for the extermination
of any insects, rodents or other pests in it or in the yard. In a
two-unit or multiunit dwelling, the occupant(s) shall be responsible
for such extermination whenever his dwelling is the only one infested.
(3)
Police officers or public officers shall investigate alleged
incidents of disruptive conduct. They shall complete a disruptive
conduct report upon a finding that the reported incident constitutes
disruptive conduct as defined herein. The information filed in said
report shall include, if possible, the identity of the alleged perpetrator(s)
of the disruptive conduct and all other obtainable information, including
the factual basis for the disruptive conduct described on the prescribed
form. A copy of the disruptive conduct report shall be given or mailed
to the occupant and mailed to the owner, operator, responsible agent
or manager within 10 working days of the occurrence of the alleged
disruptive conduct.
(4)
The occupant or the owner, operator, responsible agent or manager
shall have 10 working days from the date of receipt of a disruptive
conduct report to appeal the contents of said disruptive conduct report.
The appeal shall be made in writing and submitted to the Department
of Community and Economic Development. An appeal of the third disruptive
conduct report within a twelve-month period shall stop the eviction
proceedings against the occupants until the appeal is resolved, only
if the eviction proceedings were a direct result of the third disruptive
conduct report.
(5)
After three disruptive conduct incidents in any twelve-month
period by an occupant documented by disruptive conduct reports, or
any violation of Landlord and Tenant Act relating to drug offenses
set forth in 68 P.S. § 250.505-A, the owner, operator, responsible
agent or manager shall have 10 working days from the date of his/her
receiving the notice to begin eviction proceedings against the occupants.
Failure to take such action will result in the immediate revocation
of the residential rental registration or residential rental license.
The residential rental unit involved shall not have its residential
rental registration or residential rental license reinstated until
the reinstatement fee is paid and the disruptive occupants have been
evicted, the Magisterial District Judge has ruled in the occupant's
favor, the Magisterial District Judge has ruled in the owner's favor
but has not ordered the eviction of the occupant(s), or the occupants
have filed an appeal to a higher court or declared bankruptcy, thereby
preventing their eviction. The disruptive occupants, upon eviction,
shall not reoccupy any residential rental unit on the same premises
involved for a period of at least one year from date of eviction.
This subsectionis not intended to limit or inhibit the owner, operator,
responsible agent or manager's right to initiate eviction actions
prior to the third disruptive conduct incident.
[Amended 11-5-2010 by Ord. No. 14827]
(6)
The content of the disruptive conduct report shall count against
all occupants of the residential rental unit. The Department of Community
and Economic Development shall maintain a list of the names of all
occupants evicted as a result of the preceding subsection. The names
shall remain on the list for a period of five years.
[Amended 8-24-2009 by Ord. No. 14737; 4-17-2024 by Ord. No. 16003]
A.
All property owned by the Housing Authority of the City of Allentown
or the Housing Authority of the County of Lehigh which is inspected
annually by those agencies to assess conformance with federal standards,
or properties that are inspected annually for compliance with the
requirements of the United States Department of Housing and Urban
Development or the Pennsylvania Housing Finance Agency, regardless
of the occupants, shall no longer be exempt, but payment will be deferred
until October 31 in the year 2010 only, without penalty. Commencing
in January 1, 2011, all exemptions and deferments under this subsection
shall be void.
[Amended 11-18-2009 by Ord. No. 14753]
B.
The registration and licensing provisions of this article shall not apply to hospitals, nursing homes, group homes or other rental units used for human habitation which offer or provide medical or nursing services, and wherein all operations of such facilities are subject to county, state or federal licensing or regulations concerning the health and safety of the users, patients or tenants. The registration and licensing provisions of this article also shall not apply to hotel units, as defined previously, or dormitories, fraternity houses and sorority houses, as defined in the Chapter 660, Zoning.
C.
If, in response to a complaint, an exempt unit is found to be in
violation of a City code, the owner, operator, responsible agent or
manager shall correct the violation(s) within the time frame cited
by the public officer. If the violation(s) is/are not corrected, the
unit shall lose its exemption until the violation(s) is/are corrected.
If three verified complaints are received in any twelve-month period,
the unit shall lose its exemption for a period of five years.
A.
Registration required for rental units. By March 31, 2000, the owner,
operator, responsible agent or manager of each residential rental
unit shall apply for a residential rental registration with the Department
of Community and Economic Development. By March 31 of each calendar
year from 2000 through 2004, inclusive, and by April 15, 2005, and
all subsequent years, the owner, operator, responsible agent or manager
of each residential rental unit shall continue to apply for a residential
rental registration until the unit is licensed, at which time he/she
shall be issued a residential rental license. For each calendar year
thereafter, the owner, operator, responsible agent or manager of the
residential rental unit shall continue to apply for a residential
rental license.
[Amended 10-21-2004 by Ord. No. 14219]
B.
Issuance of residential rental registration. A residential rental registration shall be issued if the owner or operator of the residential rental unit provides the name of a responsible agent (if applicable), pays the registration fee and is current on water and sewer fees for the residential rental unit, as defined in Chapter 633, Article IV, Water Rates, and Chapter 490, Article I, Sewer Rates, of the Code of the City of Allentown, respectively. This registration does not warrant the proper zoning, habitability, safety or condition of the residential rent unit in any way.
C.
Revocation of residential rental registration. A residential rental registration shall be revoked if the owner or operator of a residential rental unit does not provide and maintain for City records the name and current mailing address for the owner, operator and responsible agent (if applicable), has not brought the unit into compliance with the minimum standards for safety and maintenance as per § 455-142B(1) or (2), does not pay the registration fee, is not current on water and sewer fees and other municipal charges for the residential rental unit, does not correct a code violation found in response to a complaint within the time frame cited by the public officer, and/or has not complied with the disorderly conduct provision of this article, as described above.
[Amended 8-24-2009 by Ord. No. 14737]
D.
Reinstatement of residential rental registration. A residential rental
registration shall be reinstated if the owner or operator of a residential
rental unit corrects the reason for the revocation of the residential
rental registration and has paid the residential rental registration
reinstatement fee.
[Amended 8-24-2009 by Ord. No. 14737]
A.
Residential rental license required for residential rental units.
A residential rental license shall be required for each residential
rental unit unless the residential rental unit has not been inspected
or has outstanding violations of the applicable codes and operates
under a residential rental registration, or is exempt as defined above.
(1)
Prior to initial occupancy of newly constructed residential rental units, newly created residential rental units, or substantially rehabilitated residential rental units (as documented by a certificate of occupancy), the owner, operator, responsible agent or manager of each residential rental unit shall register with and make written application to the Department of Community and Economic Development for a residential rental license as herein provided. Such units will be exempt from further inspection, unless a complaint of violation has occurred or a public officer has probable cause to believe that a violation has occurred as provided in § 455-7, for a period of at least five years and will be inspected again when the area in which they are located is next scheduled for inspection after the five-year exemption has expired.
(2)
For licensing purposes, the Department of Community and Economic Development shall fully inspect each residential rental unit no more frequently than once within a five-year period unless a complaint of violation has occurred or a public officer has probable cause to believe that a violation is occurring as provided in § 455-7. Unless sooner revoked for cause, the residential rental license shall remain in effect until such time as the next regularly scheduled inspection occurs, assuming the annual license fee is paid.
(3)
Initial inspections will occur in accordance with a phased-in
systematic inspection program to be prepared and made available upon
request by the Department of Community and Economic Development. A
minimum 60 days' written notice shall be given for all initial inspections.
The penalty for not allowing an inspection shall be revocation of
the residential rental registration or the residential rental license.
B.
Compliance. If the public officer, upon completion of the inspection, finds that the applicable codes have not been met, a notice of violation shall be issued, as prescribed in §§ 455-9 and 455-10.
(1)
Ten-day notice of violation. If the public officer finds one
or more of the following violations:
|
Multiple dwelling unit fire exits, § 455-46
|
|
Separation of common walls and floors, § 455-49
|
|
Automatic fire alarm systems, § 455-48
|
|
Multiple dwelling unit fire protection, § 455-44
|
|
Heating, § 455-86
|
|
Hot and cold water supplies, § 455-27
|
|
Water closet and basin, § 455-24
|
|
Plumbing connections, § 455-28
|
|
Electrical hazards, § 455-36
|
|
Serious roof leak, § 455-60
|
(a)
A ten-day notice of violation shall be issued; and
(b)
The residential rental unit shall be determined unfit for human habitation and ordered vacated as prescribed in § 455-14 and shall remain vacant until the violation is abated. If after 10 days from the receipt of the ten-day notice of violation, a reinspection reveals that the violations are not corrected and arrangements satisfactory to the public officer have not been made, the residential rental registration or residential rental license for the residential rental unit shall be revoked, and if the residential rental unit is vacant, it shall remain vacant.
(2)
Thirty-day notice of violation. If the public officer finds violations other than those listed in § 455-142B(1), a thirty-day notice of violation shall be issued.
(a)
If after 30 days from the date of receipt of the thirty-day
notice of violation, the first reinspection reveals that all violations
have not been corrected, a thirty-day legal action warning shall be
issued.
(b)
If after 30 days from the date of receipt of the thirty-day
legal action warning, the second reinspection reveals that all violations
have not been corrected, the residential rental registration or the
residential rental license for the residential rental unit shall be
revoked, and if the residential rental unit is vacant, it shall remain
vacant.
(c)
A fee will be charged for the initial inspection and for each
reinspection after the second reinspection. The Department of Community
and Economic Development shall maintain a list of all residential
rental units and their ownership that have been the subject of prosecution
in Magisterial District Court during the preceding five years.
C.
Issuance of residential rental license. A residential rental license
shall be issued if the residential rental unit meets the following
conditions:
(1)
The public officer finds that the residential rental unit is
in compliance with the applicable codes;
(2)
The owner, operator or manager provides the name of a responsible
agent (if applicable);
(3)
The owner, operator, responsible agent or manager pays the license
inspection and reinspection (if applicable) fee(s);
D.
Revocation of residential rental license. A residential rental license shall be revoked if the owner or operator of a residential rental unit does not provide and maintain for City records the name and current mailing address for the owner, operator and responsible agent (if applicable), does not correct a code violation found in response to a complaint within the time frame cited by the public officer, does not pay the annual license fee, is not current on water and sewer fees and other municipal charges for the residential rental unit, changes the uses of the property so as to no longer be in compliance with Chapter 660, Zoning, of the City of Allentown, and/or has not complied with the disorderly conduct provision of this article, as described above. If the residential rental license is revoked and the residential rental unit is vacant, it shall remain vacant.
[Amended 8-24-2009 by Ord. No. 14737]
E.
Reinstatement of residential rental license. A residential rental
license shall be reinstated if the owner or operator of a residential
rental unit corrects the reasons for the revocation of the residential
rental license and has paid the license reinstatement fee.
[Amended 8-24-2009 by Ord. No. 14737]
A.
A residential rental registration issued hereunder is not automatically
transferable to any person or entity who has acquired ownership of
a residential rental unit. A residential rental registration shall
be revoked upon failure to apply for its transfer within 60 days of
the date of sale or transfer of ownership of the residential rental
unit.
B.
A residential rental license shall not be transferred. In the case
of licensed residential rental units that are sold or transferred,
the new owner shall seek a residential rental license for each residential
rental unit and have each residential rental unit inspected. Failure
to seek a residential rental license for each residential rental unit
within 60 days of the date of sale or transfer of ownership shall
result in the revocation of the residential rental license.
B.
Disruptive conduct appeals. Any person aggrieved by any decision
of a police officer or public officer in regard to a disruptive conduct
report or the revocation of a residential rental registration or residential
rental license may appeal to the Disruptive Conduct Board of Appeals.
Such appeal must be filed, in writing, within 10 working days from
the date of receipt of the disruptive conduct report or notice of
revocation.
A.
Any person aggrieved by any decision of a police officer or public
officer in regard to a disruptive conduct report or the revocation
of a residential rental registration or residential rental license
based upon the issuance of disruptive conduct reports or a revocation
a residential rental registration or residential rental license based
on the failure to abide by any other provision of this article, may
appeal to the Disruptive Conduct Board of Appeals. Such appeal must
be filed, in writing with appropriate fee, within 10 working days
from the date of receipt of the disruptive conduct report or notice
of revocation.
[Amended 11-5-2010 by Ord. No. 14827]
B.
The Disruptive Conduct Board of Appeals shall be a body of seven
members consisting of: the Director of Community and Economic Development
or his/her designee who shall serve as Chairperson; a Councilperson,
the Director of Public Works or his/her designee; the Chief of Police
or his/her designee; an owner, operator, responsible agent or manager
of a residential rental unit(s) in Allentown; an occupant of a residential
rental unit residing in the City of Allentown; and a member of a community
group recognized by the Bureau of Planning.
[Amended 11-7-2006 by Ord. No. 14435]
(1)
There shall be three alternate members: an owner, operator,
responsible agent or manager, an occupant of a residential rental
unit residing in the City of Allentown and a member of a community
group recognized by the Bureau of Planning.
(2)
All members of the Board shall be appointed by the Mayor with
the advice and consent of the Council of the City of Allentown, with
the exception of the Council member, who shall be appointed by the
Council President. A member or alternate member shall serve a term
of not more than three years from the time of appointment or reappointment
or until his/her successor shall take office. Members and alternates
of the initial board shall be appointed to staggered terms of one,
two and three years.
(3)
Designees and alternate members may be requested to attend meetings
in absence of a regular member and shall have all the powers of a
regular member at such meetings.
(4)
Four members shall constitute a quorum of the Board. A majority
vote of the members of the quorum of the Board shall prevail. A tie
vote shall be deemed as a denial of the appeal.
C.
The Board shall have the following powers:
(1)
To adopt and administer the rules of procedure regarding its
organization, officers (except the Chairperson), times and places
of meetings, conduct of meetings and other legal procedures relating
to the hearing and determination of appeals and other matters within
the Board's jurisdiction;
(2)
To hear and decide appeals where it is alleged there is error
in any order, requirement, decision or determination made by the Police
Officer or Public Officer in the enforcement of the provisions of
this article;
(3)
To modify any notice of violation or order and to authorize
a variance from the terms of this code when because of special circumstances,
undue hardship would result from literal enforcement, and where such
variance substantially complies with the spirit and intent of the
code;
(4)
To grant a reasonable extension of time for the compliance of
any order where there is a demonstrated case of hardship and evidence
of bona fide intent to comply within a reasonable time period;
(5)
In exercising the above-mentioned powers, the Board shall act
with reasonable promptness and seek to prevent unwarranted delays
prejudicial to the party involved and to the public interest; provided,
however, that the Board shall file its decision within 10 working
days after the appeal hearing;
(6)
The Board may reverse or affirm wholly or partly, or may modify
the order, requirement, decision or determination appealed from and
may make such order, requirement, decision or determination as justice
would require, and, to that end, shall have all the powers of the
Police Officer or Public Officer; provided, however, that the Disruptive
Conduct Board of Appeals, in its determination, shall be bound by
this article and shall not ignore the clear provisions and intent
of this article.
D.
Any person, including the Police Officer or Public Officer for the
City, aggrieved by any decision of the respective Board, may appeal
to the Court of Common Pleas of Lehigh County. Such appeal shall be
made by a duly verified petition which shall set forth the factual
and legal basis upon which the decision of the Board is alleged to
be illegal, in whole or in part. Such petition shall be presented
to the Court of Common Pleas and a notice thereof must be given to
the appellee within 30 days after the filing of the decision in the
office of the Board.
E.
If this appeal is of a third disruptive conduct report and the decision
of the police officer or public officer has been affirmed, and no
appeal is pending, within 10 working days after the expiration of
the time for compliance as required by the decision of the Disruptive
Conduct Board of Appeals or Court of Common Pleas, the public officer
shall reinspect to determine compliance as to whether the occupant
has voluntarily moved from the premises or the owner has initiated
eviction proceedings.
F.
If, when so required by a third disruptive conduct report or any
violation of Landlord and Tenant Act relating to drug offenses set
forth in 68 P.S. § 250.505-A, the occupant has not voluntarily
moved or the owner has not initiated eviction proceedings, the public
officer shall institute revocation of the residential rental registration
or the residential rental license.
[Amended 11-5-2010 by Ord. No. 14827]
G.
The disruptive conduct report and all records of all proceedings
and the final disposition of the matter outlined in the appeal shall
be public and available for inspection; provided, however, that the
police officer or public officer may prescribe reasonable regulation
regarding the time and manner of inspection.
[Amended 2-4-2015 by Ord.
No. 15185]
The disruptive conduct report portions of this article shall
at all times comply in all respects with Pennsylvania House Bill No.
1796 Session of 2013, Printer's No. 2870, and as amended.[1]
[1]
Editor's Note: See 53 Pa.C.S.A. § 304.
The provisions of this article are declared to be severable
and if any section, sentence, clause or phrase of this article shall
for any reason be held to be invalid or unconstitutional, such decision
shall not affect the validity of the remaining sections, sentences,
clauses and phrases of this article, but they shall remain in effect,
it being the legislative intent that this article shall stand notwithstanding
the invalidity of any part.
A.
Fees.
(1)
Registration.
[Amended 12-10-2002 by Ord. No. 14047; 10-21-2004 by Ord. No. 14219; 11-7-2006 by Ord. No. 14436; 8-24-2009 by Ord. No. 14737; 11-18-2009 by Ord. No. 14753; 8-1-2018 by Ord. No. 15468]
(a)
The fee for a residential rental registration shall be $75 per
residential rental unit per year due and payable by on or before December
31 of each year until a residential rental license is obtained.
(b)
For all payments received after December 31 of any year, a late
fee shall be assessed, such that the total fee shall be $125 per residential
rental unit.
(2)
Licensure.
[Amended 12-10-2002 by Ord. No. 14047; 10-21-2004 by Ord. No. 14219; 11-7-2006 by Ord. No. 14436; 10-20-2009 by Ord. No. 14744; 8-1-2018 by Ord. No. 15468]
(a)
The fee for a residential rental license or license shall be
$75 per residential rental unit per year due and payable on or before
December 31 of each year.
(b)
For all payments received after December 31 of any year, a late
fee shall be assessed, such that the total fee shall be $125 per residential
rental unit.
(3)
Reinspections. The fee for the second reinspection shall be
$75 per residential unit. The fee for the third and all subsequent
reinspections shall be $150 per residential rental unit per reinspection.
[Amended 11-7-2006 by Ord. No. 14436]
(4)
Inspection cancellation fee. Cancellation of an inspection requires
forty-eight-hour notice. When forty-eight-hour notice is not given,
a fee of $100 for the first three units and then an additional $25
per unit for each unit thereafter.
[Amended 3-20-2019 by Ord. No. 15528]
(5)
Reinstatement. The fee to reinstate a revoked residential rental
registration or a residential rental license shall be $100 per residential
rental unit.
[Amended 12-10-2002 by Ord. No. 14047; 11-7-2006 by Ord. No. 14436; 8-24-2009 by Ord. No. 14737]
B.
Penalties.
(1)
Revocation of residential rental registration or residential
rental license. A fine of not less than $500 per residential rental
unit for each month the violation exists. Each month the violation
exists constitutes a separate violation. A fine shall not be sought
for any period during which the residential rental unit is vacant
and the owner, operator, responsible agent or manager is taking appropriate
action to correct the violations.
[Amended 11-7-2006 by Ord. No. 14436]
(2)
Failure to register, or failure to seek a residential rental
license (for newly constructed, newly created or substantially rehabilitated
residential rental units). The owner, responsible agent or manager
shall be sent a thirty-day notice of violation warning them of their
failure to comply with the terms of this article. If they do not comply
at the end of 30 days, there shall be a fine of not less than $500
per residential rental unit for each month the violation exists. Each
month the violation exists constitutes a separate violation.
(3)
There shall be a penalty fee of $500 for the unauthorized removal
of any official notice or placard placed on a property by an official
from the City of Allentown, including but not limited to a notice
posting a property as uninhabitable or being an illegal unit. Any
unpaid charges relative to this penalty may be subject to a lien being
placed upon the property.
[Amended 9-17-2010 by Ord. No. 14820; 3-19-2014 by Ord. No. 15120]
(4)
There shall be a penalty fee of $1,000 for occupying, or allowing
to be occupied any unit that has been identified by the City as "unfit
for human habitation" or "occupancy unlawful." Any unpaid charges
relative to this penalty shall be subject to a lien being placed upon
the property.
[Amended 9-17-2010 by Ord. No. 14820]
(5)
There shall be a penalty fee of $1,000 for each unit identified
by the City as an illegal unit. Any unpaid charges relative to this
penalty shall be subject to a lien being placed upon the property.
[Amended 9-17-2010 by Ord. No. 14820; 3-19-2014 by Ord. No. 15120]
C.
Fines; legal actions.
[Amended 8-24-2009 by Ord. No. 14737; 10-23-2012 by Ord. No. 15022]
(1)
Whoever violates any provision of this article or any section
of this article shall upon a first offense be fined not more than
$1,000 or imprisoned not more than 90 days, or both.
(2)
If, after any conviction for violation of this article or any
lawful order issued pursuant thereto, such person continues violation,
then such person shall be liable for further prosecution, conviction,
and punishment without any necessity of the public officer to issue
a new notice of violation or order, and until such violation has been
corrected.
(3)
In addition to prosecution of persons violating this article,
the public officer, or the Bureau of Law or any duly authorized agent
of the City, may take such civil or equitable remedies in any court
of record of the Commonwealth of Pennsylvania, against any person
or property, real or person, to effect the provisions of this article.
