No person shall operate or rent to another for occupancy any residential rental unit until a housing permit has been issued by the Code Administration Office. The housing permit is valid for a term consisting of the calendar year (January 1 to December 31) and must be renewed annually.
A. 
Housing permit. Display on the premises shall be required. The housing permit shall be posted in a conspicuous place in the building which is the subject of the permit if reasonably possible. The permit is and shall remain the property of the City of Sunbury and may be suspended or revoked for noncompliance of the owner, manager, or structure with any provisions of the Code or this chapter. The issuance of a housing permit to an owner or manager of rental property shall constitute consent for inspection, and upon request by the Code Administration Office, the permit shall be produced by the owner or manager within 24 hours.
B. 
Housing permit addendum. Each owner and/or manager is required to maintain and produce this information (as set forth specifically in § 134-12B below) upon request of any City or government official acting in his/her official capacity. The Code Administration Office shall share this information with the office of the City Treasurer, and may share this information with the Sunbury Police Department, Sunbury Fire Department, and/or other government agencies.
C. 
Certificate of occupancy (as required for commercial and mixed-use properties): shall be posted in a conspicuous place in the building.
D. 
Certificate of compliance: shall be maintained by the owner and/or manager, shall be available for review by any tenant, and shall be produced upon request by any City or government official acting in official capacity.
Every owner who is not a full-time resident of the City of Sunbury, and/or who does not live within 25 miles of the boundaries of the City of Sunbury, shall designate a manager who shall reside in an area that is within 25 miles from the City of Sunbury. If the owner is a corporation, an officer of the corporation may perform the same function as a manager; however, a manager shall be required if an officer of the corporation does not reside within the above-referenced area. If the owner is a partnership, a partner may perform the same function as a manager; however, a manager shall be required if a partner does not reside within the above-referenced area. The manager shall be the legal agent of the owner for service of process and receiving of notices and demands, as well as for performing the obligations of the owner under this chapter and under rental agreements with occupants. The identity, address and telephone number(s) of a person who is designated as manager hereunder shall be provided by the owner or manager to the City, and such information shall be kept current and updated as it may change. For purposes of this chapter, any notice required hereunder and/or identification which is given to a manager or authorized agent of the owner of a building or premises shall be deemed as notice or identification provided to the owner directly.
A. 
Property maintenance standards administered and enforced in the City of Sunbury shall consist of the International Property Maintenance Code as adopted and amended by the City. See Chapter 130, Property Maintenance.
B. 
Owner/manager required to maintain premises.
(1) 
The owner or manager shall maintain the premises in compliance with the applicable code of the City of Sunbury and shall promptly take all action necessary to fulfill this obligation at the expense of the owner.
(2) 
In no case shall the existence of any agreement between owner and occupant relieve an owner of any responsibility under this chapter, or other provisions of the Code of the City of Sunbury, for maintenance of the premises.
The number of persons occupying a dwelling unit shall not create conditions that, at the discretion of the Code Enforcement Officer, endanger the life, health, safety or welfare of the occupants. The owner or manager shall require that each occupant shall deposit all rubbish, garbage and other waste from the rental unit into containers provided by the owner or manager in a clean and safe manner and shall separate and place for collection all recyclable materials in compliance with City of Sunbury's Recycling Ordinance[1] and all other applicable ordinances, laws and regulations. The owner shall be responsible for the removal of such rubbish, garbage, or recycling materials at the expense of the owner if not properly disposed of by any occupant.
[1]
Editor's Note: See Ch. 133, Recycling.
An individual convicted of any felony drug offense, upon conviction and expiration of any applicable appeal period, shall not be eligible to be a tenant of a residential rental unit. "Felony drug offense" shall mean an offense that is punishable by imprisonment for more than one year under any law of the United States or of a state or foreign country that prohibits or restricts conduct relating to narcotic drugs and other controlled substances, and specifically includes any prohibited act under Pennsylvania's Controlled Substance, Drug, Device and Cosmetic Act, 35 P.S. § 780-101 et seq., where the offense is graded as a felony under § 780-113 of that Act. A convicted illegal substance distributor shall not be eligible to be a tenant of a residential rental unit and shall be considered in violation of this chapter. Seven years after an individual's conviction and the expiration of any applicable appeal period, that individual shall be eligible to be a tenant of a residential rental unit, provided that the individual has no additional conviction(s) of any felony drug offense during that seven-year period. Failure of the property owner to remove said convicted individual from the residential rental unit shall result in nonrenewal of the housing permit.
In keeping with health and safety requirements, the owner and/or manager shall allow any and all agents, employees and contractors of the City access to the premises, and to any owner-occupied rental unit and/or rental unit situate thereon, to enable the City to make any examinations and investigations that it deems necessary and proper and shall further allow the City and all of its agents, employees, representatives and contractors to take any compliance action authorized by this article or by an order of the Board of Health. No owner and/or manager shall obstruct, impede or otherwise interfere with the entry and actions of the City or of its agents, employees, representatives or contractors. If entry is refused or not obtained, the City and its agents are authorized to pursue recourse as provided by law, including, but not limited to, seeking the issuance of a search warrant, with the cost of such warrant to be borne by the owner or person who prohibited access for inspection.
A. 
Submit application to Code Administration Office. Each property owner or manager shall submit an application for issue or renewal of a housing permit on a form provided by the City of Sunbury to the Code Administration Office which sets forth the following information:
(1) 
Owner's name, address, telephone number.
(2) 
Local manager's name, address, telephone number (an emergency contact person).
(3) 
Emergency telephone number.
(4) 
Property address and number/list of units.
(5) 
Maximum occupancy per unit.
(6) 
Total number of all tenants, including adults and children.
B. 
Application fee required. A nonrefundable application fee, in an amount set by City Council, shall be required for each housing permit application.
A. 
The property owner/manager shall submit to the Code Administration Office, and maintain current, a housing permit addendum.
B. 
Information required. The following information shall be required to be provided by any owner and/or manager relative to a housing permit addendum.
(1) 
Names, addresses, and identification documentation of all tenants and/or occupants 18 years of age and older.
(2) 
Identification documentation shall include a copy of a driver's license or other government-issued photo identification for all tenants and/or occupants 18 years of age and older. Said ID must be current, as expired ID will not be accepted. Another form of ID may be accepted by City officials if necessary (such as a birth certificate, etc.).
(3) 
The owner or manager shall attest by signature that the information provided is true and correct, to the best of their knowledge, subject to the penalties provided for unsworn falsification to authorities.
C. 
Updates required. Each time an owner or manager enters into a lease with a new tenant or tenants, or additional occupants begin living in the leased property, the owner or manager shall update the housing permit addendum submitted to the Code Administration Office within 10 days of the change to the landlord-tenant relationship and/or additional occupants of the premises and shall provide the information required herein.
A. 
The following criteria must be satisfied for housing permit issue and renewal.
(1) 
Zoning use permitted for the property. The Zoning Officer shall validate that the use of the property is permitted according to the Zoning Code. Refer to Chapter 175, Article XI, § 175-90. The Zoning Officer may approve the zoning use if the property meets fast track criteria. If fast track criteria are not met, the application must go before the Zoning Hearing Board for zoning use approval.
(2) 
Housing permit application information must be complete and correct.
(3) 
All information relative to the housing permit addendum must be complete and correct.
(4) 
A certificate of occupancy required for commercial and mixed-use properties must have been duly issued by the Code Administration Office after all requirements have been met.
(5) 
A certificate of compliance is required for all residential rental units, occupied or unoccupied; said certificate shall be issued by the Code Enforcement Officer after conducting the residential rental inspection of each rental unit intended for occupancy by tenants, if all requirements relative to said inspection are met.
(6) 
The owner and/or manager must provide proof of fire insurance (in an amount necessary to provide complete demolition and removal of all debris) relative to the subject property for protection of the health, safety, and welfare of the citizens of the City of Sunbury should any subject building be destroyed by fire.
(7) 
Payment of fees as set by Council. No housing permit shall be issued or renewed until all requisite fees have been paid.
B. 
Delinquent taxes, fees, or fines. No housing permit will be issued or renewed if the Applicant has delinquent taxes as defined by herein, sewer/water fees, or has any outstanding fines and costs arising from code enforcement relative to the subject property.
C. 
Failure to renew. If any owner or manager has not renewed the housing permit for the current term (calendar year) by October 31 of that year, a citation upon the owner for failure to renew will be issued to the Magisterial District Judge on November 1, and the housing permit shall be considered expired on December 31 of said year. Any owner whose housing permit has expired will be required to apply for a new housing permit as per the application procedure and fees for a new housing permit as described herein. Further, a citation upon the owner for an illegal rental will be issued to the Magisterial District Judge on January 1 and shall be refiled every 14 days thereafter until a housing permit is issued or tenants vacate the premises. All tenants shall be allowed to remain in the subject property until given proper notice and required by the Magisterial District Judge to remove themselves from said property.
A. 
The Code Enforcement Officer may initiate disciplinary action against an owner, including nonrenewal, suspension, or revocation of the owner's housing permit for a residential rental property; or certificate of compliance for rental units; for violating any provision of this chapter that imposes a duty upon the owner; and/or for the owner's failure to regulate the breach by occupants as provided for herein. The following shall constitute disciplinary actions available to the Code Enforcement Officer.
(1) 
Nonrenewal: the denial of the privilege to apply for a housing permit or certificate of compliance renewal after expiration of the respective term. The City will allow the owner to maintain occupants in the premises until the end of the term but will not accept applications for renewal until a time set by the Code Enforcement Officer or by the Council of the City of Sunbury after any and all violations have been corrected and brought to code compliance.
(2) 
Suspension: the immediate loss of the privilege to rent residential units for a period of time set by the Code Enforcement Officer or City Council. The owner, after the expiration of the suspension period, may apply for reinstatement through the same process as would be followed for renewal without the need to show cause why the owner's privilege should be reinstated. Upon suspension, the owner shall take immediate steps to remove the occupants of rental units until the period of time has expired and code violations have been resolved, unless a written alternate agreement is reached between the owner and the City.
(3) 
Revocation: the immediate loss of the privilege to rent residential rental units for a period of time set by the Code Enforcement Officer or the City Council and the loss of the privilege to apply for reinstatement of the housing permit or certificate of occupancy at the expiration of the time period until cause can be shown as to why the owner's privilege should be reinstated. Upon the loss of the privilege to rent, the owner shall take immediate steps to evict the occupants, unless a written alternate agreement is reached between the owner and the City.
B. 
Formal warning: written notice of intent to initiate any of the aforementioned disciplinary actions. Each formal warning shall include the following information:
(1) 
The cause for the disciplinary action.
(2) 
The intended disciplinary action and effective date.
(3) 
A description of all steps which must be taken by the owner to avoid disciplinary action as set forth herein.
C. 
Notice of disciplinary action: a document which shall consist of a written notice of any disciplinary action taken and the effective dates thereof; the parameters of the disciplinary action; and the time for and method of the owner's right to appeal.
D. 
Right to appeal. Any owner may appeal to Sunbury City Council within 30 days of the effective date of a disciplinary action being taken against said owner. Tenants may continue to occupy the rental unit(s) during appeal unless a serious threat to health and safety exists.
A. 
Certificate of compliance nontransferable. A compliance inspection shall be required to issue a certificate of compliance to a new owner.
B. 
Compliance inspection by Code Enforcement Officer. A compliance inspection shall be required prior to the initial issue of a certificate of compliance and shall be further required every three years thereafter.
C. 
Disclaimer of liability. The issuance of a certificate of compliance or a temporary certificate of compliance shall not impose any liability upon the City for any errors or omissions which resulted in the issuances of such certificate, nor shall the City be responsible for any liability not otherwise imposed by law.
A. 
The inspection for initial issue of the certificate of compliance shall be scheduled at a date/time mutually agreed upon by the Code Enforcement Officer and the property owner/manager. For renewal of the certificate of compliance, the inspection may be scheduled anytime within the renewal month, and the Code Administration Office shall contact the owner/manager to coordinate a date/time for said inspection.
B. 
For purposes of the aforementioned inspection process, the Code Enforcement Officer shall use a standardized inspection checklist, which shall also be available to the public at the Code Administration Office.
C. 
Within seven days of a completed inspection, the Code Enforcement Officer shall provide the owner/manager with a written inspection report which shall include the following information:
(1) 
The property's street address, an appropriate description of the property, and the approved use thereof; and
(2) 
The date of inspection; and
(3) 
A statement of compliance or noncompliance.
(4) 
If violations are identified during the inspection process, the written report shall also include:
(a) 
A statement of code violations.
(b) 
The number of days in which the owner is to correct the violations.
(c) 
A statement of potential fines and penalties or other disciplinary action that may be taken by the City if repairs are not accomplished in a specified time frame.
D. 
No violations found. When the Code Enforcement Officer has determined that a rental unit is in compliance with applicable City ordinances, codes and regulations, and with applicable state laws and regulations, the Code Officer's written inspection report shall serve as the certificate of compliance.
E. 
Violations found.
(1) 
A written finding of violations found during an inspection for certificate of compliance issue or renewal shall be administered and enforced according to the section below entitled "Violations and penalties."
(2) 
A date and time for reinspection shall be scheduled by the Code Enforcement Officer.
(3) 
The Code Enforcement Officer's written report shall serve as due notice in accordance with Chapter 130, Property Maintenance. Additional future notices of said violation, or additional notice of future violations of the same specific type, shall not be necessary for a period of one year following the most recent notice of said violation.
F. 
Payment of fees as set by Council. No inspection shall be complete until all requisite fees are paid.
A. 
The City Code Enforcement Officers shall have the power and authorization to conduct inspections in the event of any complaint or concern as registered by any tenant, or at the Code Enforcement Officer's own discretion, based upon reasonable concern for violations, public safety, health and welfare, and/or other valid reason, including, but not limited to:
(1) 
A complaint received by the City, or by any law enforcement officer, or by a Code Enforcement Officer, indicating that there is a violation of any ordinance adopted by the City or of Pennsylvania law; or
(2) 
An observation by any law enforcement officer, or by a Code Enforcement Officer, of a violation of the standards or the provisions of any ordinance adopted by the City or of Pennsylvania law; or
(3) 
A report or observation of a rental unit that is unoccupied and unsecured or a rental unit that is damaged by fire; or
(4) 
The failure of an owner or manager to register or comply in any manner with the provisions of this chapter; or
(5) 
By resolution of the Board of Health; or
(6) 
The need to determine compliance with a notice or an order issued by the City or by its Board of Health; or
(7) 
An emergency observed or reasonably believed to exist; or
(8) 
A request for an inspection by the owner; or
(9) 
A police response to alarm or criminal activity as reported by the Sunbury Police Department or another applicable agency.
B. 
The City Code Enforcement Officer will give an owner and/or occupant 24 hours' notice prior to inspection unless said inspection is of an emergency nature.
(1) 
In the case of an emergency, the Code Enforcement Officer shall be permitted to inspect the residential rental property during the time of said emergency for any violations which may be present and readily observed.
C. 
After any inspection, the Code Enforcement Officer shall provide the owner/manager with a written report in the manner set forth above.
D. 
Any violations discovered during any inspection shall be administered and enforced according to § 134-18, Violations and penalties.
A. 
Violations that do not pose a significant/immediate threat to health and safety. The owner will be given written notice of the violation(s), and a time frame of up to 30 days to correct the same, by the Code Enforcement Officer. Said written notice will contain a scheduled date and time for reinspection of the property. The written notice shall also serve as a temporary certificate of compliance pending timely correction of the noted violation(s). The aforesaid time frame may be extended at any time, at the Code Enforcement Officer's discretion.
B. 
Violations that may pose a serious threat to health and safety. The Code Enforcement Officer will give the owner written notice of the violation(s), and a time frame of up to 30 days, or as short as 24 hours, to correct the same. Said notice will also set a date and time for reinspection of the property. No certificate of compliance will be issued by the Code Enforcement Officer until all violations have been corrected. Occupants of the property may be required to vacate, at the discretion of the Code Enforcement Officer, until necessary repairs/corrections are made.
C. 
Violations causing the rental unit or premises thereon to be declared unfit for human habitation. The Code Enforcement Officer will give the owner immediate written notice of the violation(s), which notice will inform the owner that all occupants must vacate the property immediately. At the Code Enforcement Officer's discretion, the housing permit relative to the property shall be denied, nonrenewed, suspended, or revoked.
D. 
Failure to correct violations in the time specified in the written notice. The Code Enforcement Officer will immediately present the owner with a citation relative to said failure. Upon conviction, the owner shall be assessed a fine not more than $1,000, plus costs of prosecution or 90 days in prison, or both.
E. 
Rights of Code Enforcement Officers. Nothing herein shall serve to hamper the rights of the Code Enforcement Officers of the City of Sunbury to any and all necessary legal action to force the abatement of any violation and/or nuisance which is discovered and/or known by the Code Enforcement Officers, including but not limited to the temporary or permanent closure of the offending structure, or any other rights or remedies which are permissible under any other code or ordinance of the City of Sunbury or law of the Commonwealth of Pennsylvania.
In a case where the owner of any premises shall neglect, fail, or refuse to comply with any written notice from the City or its Code Enforcement Officer(s) to correct a violation relating to quality of life at the premises, within the period of time stated in such notice, the City may cause the violation to be corrected. In said case, there shall be imposed upon the owner a charge of the actual costs involved, plus 10% of said costs. The owner of the premises shall be billed after said correction has been completed. Any such bill which remains unpaid and outstanding after the time specified therein for payment shall be grounds for the imposition of a municipal lien upon the premises as provided by law. Such a lien may be reduced to judgment and enforced and collected as provided by law, together with interest at the legal rate, and court costs. The remedies provided by this section are not exclusive, as the City, by and through its Code Enforcement Officer, may invoke any other remedies available under this chapter or other applicable codes, ordinances, statutes, or laws, including declaration of any structure as unfit for habitation; or suspension, revocation, or nonrenewal of any permit or certificate issued hereunder.