[HISTORY: Adopted by the Borough Council of the Borough of
Summit Hill 12-12-2011 by Ord.
No. 3-2011. Amendments noted where applicable.]
The purpose of this chapter is to provide reasonable regulations
for the use and condition of real property in the Borough of Summit
Hill as rental properties, both residential and commercial. This chapter
is not intended to impair, restrict or otherwise interfere with a
property owner's right to lease his property but rather to implement
rules and regulations governing the use, condition and occupancy of
rental properties.
The title of this chapter shall be the "Real Estate Rental Certification
Ordinance."
As used in this chapter, the following terms shall have the
meanings indicated:
Includes water, sewer, garbage and taxes, levied by the Borough
or one of its related municipal authorities or agencies.
A permit issued by the Borough of Summit Hill allowing property
owners to lease real property in the Borough of Summit Hill.
An individual appointed by the Borough of Summit Hill to
carry out and enforce the provisions of this chapter.
The status of any tax or assessment levied by the Borough
of Summit Hill or it's authorized authorities, such that penalties
or late charges have become due and owing.
Any person who resides or works in or within 20 miles of
the Borough of Summit Hill who shall be designated by a landlord,
as required by this chapter, for purposes of acting on behalf of such
landlord in all dealings with the landlord's ownership interest in
rental properties in the Borough of Summit Hill as they relate to
this chapter.
The state which any property owner will find himself in during
which time all assessments and real estate taxes are paid.
The code adopted by Borough which is founded on principles
that adequately protect public health, safety and welfare, along with
clear and specific requirements for the proper maintenance of property
and existing buildings.
The owner of any real property under lease or agreement to
use or occupy to a tenant, residential or commercial in nature, in
the Borough of Summit Hill.
Any real estate in the Borough of Summit Hill.
Any real property in the Borough of Summit Hill, including
but not limited to homes, trailers, storefronts, factories, apartments,
or condominiums, under a lease or agreement to use or occupy between
a landlord and tenant whether or not for financial gain.
Any individual rental property as defined herein.
A license issued in lieu of a certificate to lease, provided
the landlord meets the requirements for said license.
The lessor of any real property situated in the Borough of
Summit Hill under a lease or agreement to use or occupy, written or
verbal, with a landlord owning such property.
[Amended 5-10-2022 by Ord. No. 2-2022]
A.
Unless otherwise specified herein (§ 361-4), any landlord, or designated agent, prior to allowing occupancy to any tenant, must first apply for and obtain a certificate to lease from the Borough of Summit Hill.
B.
A certificate to lease shall be issued to a landlord in good standing,
provided that the following criteria are met by the landlord or designated
agent:
(1)
No assessments due and owing by the landlord and/or by any partnership(s),
limited partnership(s), limited liability company(ies), corporation(s),
trust(s) or any other business entities in which landlord is a partner,
member, officer, board member, owner, trustee or otherwise affiliated,
to the Borough of Summit Hill or its authorized authorities are in
delinquent status;
(2)
The rental property has been fully inspected and passes said inspection
conducted by the Borough's Code Enforcement Officer to determine
its compliance with the International Property Maintenance Code unless
otherwise exempt from inspection by this chapter;
(3)
The tenant has made application for a moving permit for the rental
property in question, the issuance of which will occur contemporaneously
with the issuance of the certificate to lease, provided the landlord
otherwise complies with this chapter. The landlord is responsible
for informing the tenant of this requirement.
C.
An application for a certificate to lease shall include the following information: name, current address and current telephone number of the landlord or, in the alternative, if required, name, address and telephone number of the designated agent, if any; addresses of all real properties in which the landlord has an ownership interest in the Borough of Summit Hill; the name(s) of any partnership(s), limited partnership(s), limited liability company(ies), corporation(s), trust(s) or any other business entities in which landlord is a partner, member, officer, board member, owner, trustee or otherwise affiliated; and affirmation by the landlord that all real estate taxes or other assessments levied by the Borough of Summit Hill or its authorized authorities are paid in accordance with § 361-4B(1) above.
D.
In the event a rental property is already leased on the effective
date of this chapter, a certificate to lease is not required; however,
upon the expiration of the then existing written or verbal lease or
agreement to use or occupy, a certificate of lease shall be applied
for by the landlord, but in no case shall the application be later
than one year from the effective date of this chapter.
E.
A certificate to lease shall be transferable to new owners of the
rental property, provided the new owner is also in compliance with
all provisions of this chapter.
F.
A certificate to lease shall be revoked by the Borough of Summit
Hill if the landlord becomes delinquent in the payment of any assessments
levied by the Borough of Summit Hill or its authorized authorities
on the subject property and shall be ineligible for occupancy of this
property until such time as said delinquencies are satisfied.
G.
A certificate of lease shall be revoked if the Borough Code Enforcement
Officer finds that the subject property no longer complies with federal,
state or local laws or ordinances related to any inspections conducted
on the subject property.
H.
If a rental property is found to be ineligible for a certificate
to lease due to its revocation, said certificate shall be reinstated
upon reapplication by the landlord and payment of said delinquencies
or compliance with inspection requirements as mandated by the Borough
Code Enforcement Officer.
I.
Upon application or reapplication for a certificate of lease, the
landlord shall pay to the Borough of Summit Hill a fee of $75 to cover
all administrative costs associated with the processing of this certificate
and inspection. Each reinspection (including those conducted as a
result of notice being given that the property violates the International
Property Maintenance Code) shall also result in a fee of $75.
J.
Copies of the certificate of lease shall be given to the landlord
and tenant and a copy retained on file with the Borough of Summit
Hill.
K.
Any certificate of lease issued pursuant to this chapter shall be
in effect until such time as the tenant vacates or said certificate
is reissued by the Code Enforcement Officer.
[Amended 5-10-2022 by Ord. No. 2-2022]
A.
In lieu of the requirement that a landlord must obtain a certificate
to lease each time a tenant moves into a property, a landlord may
apply for a residential rental license for each rental unit, provided
the landlord meets the following conditions:
(1)
The landlord leases a minimum of three rental units within the same
physical structure the Borough limits;
(2)
No assessments due and owing by the landlord and/or by any partnership(s),
limited partnership(s), limited liability company(ies), corporation(s),
trust(s) or any other business entities in which landlord is a partner,
member, officer, board member, owner, trustee or otherwise affiliated,
to the Borough of Summit Hill or its authorized authorities are in
delinquent status; and
B.
An application for a residential rental license shall include the
following information: name, current address and current telephone
number of the landlord or, in the alternative, if required, name,
address and telephone number of the designated agent, if any; addresses
of all real properties in which the landlord has an ownership interest
in the Borough of Summit Hill; the name(s) of any partnership(s),
limited partnership(s), limited liability company(ies), corporation(s),
trust(s) or any other business entities in which landlord is a partner,
member, officer, board member, owner, trustee or otherwise affiliated;
and affirmation by the landlord that all real estate taxes or other
assessments levied by the Borough of Summit Hill or its authorized
authorities are paid in accordance with § 361-4A(2) above.
C.
Said licenses shall be valid for a period of three years from date
of issuance.
D.
Upon application for a residential rental license, the landlord shall
pay the sum of $50 per rental unit to cover all administrative costs
associated with the issuance of the license.
A.
Upon receipt of an application for a certificate to lease, the Code
Enforcement Officer of the Borough of Summit Hill shall, within 10
business days, conduct any inspections required by this chapter unless
other exempted by this chapter. Should said inspection not occur within
10 business days, the subject property shall be deemed to have passed
said inspection.
B.
Any property may be exempt from the requirements of this section
if the property is subject to other state and federal inspections
as a prerequisite of their occupancy and the landlord provides a copy
of said inspection within 30 days of its receipt from the inspecting
party/agency.
A.
Any landlord who does not reside within 20 miles of the Borough of
Summit Hill or work in the Borough of Summit Hill, but who owns real
property in the Borough of Summit Hill intended as rental property,
shall provide a designated agent, who shall reside within 20 miles
of the Borough of Summit Hill or work in the Borough of Summit Hill.
B.
The designated agent shall have the authority and power to act on
behalf of the landlord and in all instances be available to both the
tenant and the Borough of Summit Hill to address any issues pertaining
to the rental property owned by the landlord in the Borough of Summit
Hill for which he has been designated as the agent. Additionally,
this designated agent shall accept service of process of any documents,
letters, notices, suits, etc. which must otherwise be served on the
landlord for any reason. Said service of process shall be sufficient
to satisfy any and all service of process requirements set forth in
any rules of civil procedure or this chapter related to the enforcement
of this chapter.
C.
All agents, where required, shall be designated upon application
for a certificate to lease or residential rental license.
A.
Upon verification by the Borough of a landlord's delinquent status
or other violations of this chapter, notice shall be given by the
Borough of Summit Hill to the landlord or its designated agent.
B.
This notice shall contain the following information:
(1)
That a finding of delinquent status has resulted from unpaid assessments
on the subject property owned in the Borough of Summit Hill by the
landlord, or that other violations of this chapter exist;
(2)
That if said finding of delinquent status is not satisfied or if
other violations not corrected within 10 days from the date of the
notice, the Borough may:
A.
It shall be unlawful to:
(1)
Lease or cause to be rented property in the Borough of Summit Hill
without a valid certificate to lease or residential rental license.
(2)
Provide false, misleading or incomplete information in applying or
reapplying for a certificate to lease or residential rental license.
(4)
Allow or cause the property to violate the International Property
Maintenance Code.
A.
Any landlord who is denied or has its certificate to lease or residential
rental license revoked has the right to appeal that determination
to an Appeals Board within seven days of the date of that determination.
B.
The Rental Property Maintenance Appeals Board shall be a body of
three members, who shall be appointed by the Borough, one of whom
shall have specific knowledge and expertise in the field of construction
and maintenance of property and may also have specific knowledge regarding
the requirements of BOCA and/or the State Uniform Construction Code;
another shall be a landlord and resident of the Borough; and one member
of the Board shall be an elected official serving on the Borough Council.
A member shall serve for a term of two years from the time of appointment
or reappointment by Borough Council or until his successor shall take
office. The Board shall have legal counsel attend the hearings and
report to the Board. The Board shall have the following powers:
(1)
To hear and decide appeals where it is alleged there is error in
any order, requirement, decision or determination made by the Borough
Code Enforcement Officer in the enforcement of the provisions of this
chapter or any other Borough ordinance that has applicability to the
establishment and maintenance of property standards, including, but
not limited to, fire prevention, health or buildings;
(2)
To modify any notice of violation or order and to authorize a variance
from the terms of this chapter 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
chapter;
(3)
To grant a reasonable extension of time for the compliance of any
order where there is a demonstrated case of hardship and evidence
of an actual undertaking to correct the violation, together with a
bona fide intent to comply within a reasonable time period;
(4)
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 written decision within 10 days after
the appeal hearing. 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 Borough Code Enforcement Officer; provided, however, that the
Board shall be bound by this chapter and shall not ignore the clear
provisions and intent of this chapter.
(5)
Whenever the Borough Code Enforcement Officer finds that there exists
any violation of this chapter which creates an emergency requiring
immediate correction to protect the health or safety of any occupant
of a dwelling or the public, the Borough Code Enforcement Officer
may issue a notice of violation stating the facts which constitute
the emergency and requiring necessary action to be taken immediately.
Any person to whom such notice is directed shall comply immediately,
even though an appeal is taken to the Board or the Carbon County Court
of Common Pleas. Any person aggrieved by such notice of violation
may appeal to the Board, as provided in this chapter, and the Borough
shall give priority to such appeal, which shall be held within five
business days of the date action was taken by the Borough Code Enforcement
Officer ordering the property vacated or to remain vacant.
C.
Any person aggrieved by any decision of the Board may appeal to the
Court of Common Pleas of Carbon County within 30 days of the date
of the Board's decision. 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 Board within 30 days after
the filing of the Board's decision.
D.
If not appeal is filed within the appropriate time frame, within
five days after the expiration of the time for compliance as stated
on the notice of violation, or within five days after any appeal period
has expired for any decision by the Board or the Court of Common Pleas,
the Borough Code Enforcement Officer shall reinspect the premises
to determine compliance. If the violation has not been corrected,
the Borough Code Enforcement Officer shall institute prosecution for
the violation.
E.
Every notice of violation, and all records of all proceedings occurring
subsequent to the notice of violation and until the final disposition
of the matter outlined in the notice of violation shall be public
and available for inspection; provided, however, that the Borough
Code Enforcement Officer may prescribe reasonable regulation regarding
the time and manner of inspection consistent with the Borough's Open
Records Policy.
Upon first conviction, a landlord shall be subject to a fine
of $50 per day for each day found in violation of this chapter. Upon
second conviction, a fine of $75 per day shall be imposed for each
day a landlord is found in violation. Upon a third or subsequent conviction,
a fine of $100 per day shall be imposed for each day a landlord is
found in violation. Further, any application or reapplication for
a certificate to lease or residential rental license shall be denied
upon until such time as any fine and/or cost imposed hereunder is
satisfied in full.
All ordinances or parts thereof inconsistent with this chapter
are hereby repealed insofar as they are inconsistent herewith.
The effective date of this chapter shall be January 1, 2012.
