[HISTORY: Adopted by the City Council of the City of Harrisburg
by Ord. No. 68-1969. Amendments noted where applicable.][1]
CROSS-REFERENCES
Mayor's emergency powers: see 3rd Class City Code § 1203
(53 P.S. § 36203).
Liquor Code: Act of June 29, 1987, P.L. 32, as amended (47 P.S.
§ 1-101 et seq.).
Whenever the Mayor determines there has been an act of violence
or a flagrant and substantial defiance of or resistance to a lawful
exercise of public authority and that, therefore, there is reason
to believe that there exists a clear and present danger of a riot,
civil disorder or other general public disorder, widespread disobedience
of the law and substantial injury to persons or property, all of which
constitute a threat to public peace or order and to the general welfare
of the City or a part or parts thereof, he or she may declare that
a state of emergency exists within the City or any part or parts thereof.
A.
Whenever the Mayor declares that a state of emergency exists, the
following emergency prohibitions shall thereupon be in effect during
the period of said emergency and throughout the City:
(1)
The sale or transfer of possession, with or without consideration,
the offering to sell or so transfer and the purchase of any ammunition,
guns or other firearms of any size or description.
(2)
The displaying by or in any store or shop of any ammunition,
guns or other firearms of any size or description.
(3)
The possession in a public place of a rifle or shotgun by a
person, except a duly authorized law enforcement officer or person
in military service acting in an official performance of his or her
duty.
B.
The Mayor may order and promulgate all or any of the following emergency
measures, in whole or in part, with such limitations and conditions
as he or she may determine appropriate; any such emergency measures
so ordered and promulgated shall thereupon be in effect during the
period of said emergency and in the area or areas for which the emergency
has been declared:
(1)
The establishment of curfews, including but not limited to the
prohibition of or restrictions on pedestrian and vehicular movement,
standing and parked, except for the provision of designated essential
services such as fire, police and hospital services, including the
transportation of patients thereto, utility emergency repairs and
emergency calls by physicians.
(3)
The prohibition of the possession on the person in a public
place of any portable container containing any alcoholic beverage.
(4)
The closing of places of public assemblage with designated exceptions.
(5)
The prohibition of the sale or transfer of possession, with
or without consideration, of gasoline or any other flammable or combustible
liquid, except by delivery into a tank properly affixed to an operative
motor-driven vehicle, bike, scooter, or boat and necessary for the
propulsion thereof.
(6)
The prohibition of the possession in a public place of any portable
container containing gasoline or any other flammable or combustible
liquid.
(7)
The prohibition or limitation of the number of persons who may
gather or congregate upon the public highways or public sidewalks
or in any other public place, except only persons who are awaiting
transportation, engaging in recreational activities at a usual and
customary place or peaceably entering or leaving buildings.
(8)
The prohibition of the possession in a public place or park
of weapons, including but not limited to firearms, bows and arrows,
air rifles, slingshots, knives, razors, blackjacks, billy clubs, or
missiles of any kind.
Any state of emergency or emergency measure declared or ordered
and promulgated by virtue of the terms of this chapter shall, as promptly
as practicable, be filed in the office of the City Clerk and shall
also be delivered to appropriate news media for publication on radio
and television broadcasts. In the event practicable, such state of
emergency declaration or emergency measure shall also be publicized
by other appropriate means, such as posting and loudspeakers.
A state of emergency established under this chapter shall commence
upon the declaration thereof by the Mayor and shall terminate at the
end of a period of five days thereafter unless, prior to the end of
such five-day period, the Mayor shall either terminate such state
of emergency or shall declare an additional period of state of emergency.
Any additional period of emergency shall commence and terminate as
provided in this chapter.
[Added 12-14-2020 by Ord.
No. 13-2020]
In order to continue to meet the immediate public health dangers
arising from the ongoing coronavirus pandemic and mitigate the spread
of infection, the City must be able to undertake extraordinary measures
for the duration of the threat. The temporary supplemental emergency
powers provided in Part B are necessary for the City to fulfill its
immediate obligation to provide for the health, safety and welfare
of those who live, work or visit here in the course of a pandemic.
The Council for the City of Harrisburg finds the following to
be publicly available recitations that together demonstrate the immediate
need and authority to enact temporary powers to assist in the mitigation
of the spread of infection:
A.
On the sixth day of March, 2020, the Governor of the Commonwealth
of Pennsylvania issued a Proclamation of Disaster Emergency, proclaiming
the existence of a disaster emergency throughout the Commonwealth
in accordance with the provisions of Subsection 7301(c) of the Emergency
Management Services Code, 35 Pa.C.S.A. § 7101 et seq., which
the executive, legislative and judicial branches of this Commonwealth
subsequently endorsed and supplemented in a series of extraordinary
public-health-related actions and directives.
B.
On the 13th day of March, 2020, the President of the United
States issued a determination "that the ongoing Coronavirus Disease
2019 (COVID-19) pandemic is of sufficient severity and magnitude to
warrant an emergency determination under Section 501(b) of the Robert
T. Stafford Disaster Relief and Emergency Assistance Act, 42 U.S.C.
§§ 5121 through 5207 (the 'Stafford Act')"
and, subsequently, on the 30th day of March, declared that a major
disaster exists in the Commonwealth of Pennsylvania and ordered federal
assistance to supplement commonwealth and local recovery efforts in
the areas affected by the pandemic.
C.
In accordance with the provisions of Section 7501 of the Emergency
Management Services Code, 35 Pa.C.S.A. § 7501, and consistent
with the emergency proclamations and directives of the Governor, on
the 16th day of March, 2020, the Mayor of the City of Harrisburg issued
a Declaration of Public Health COVID-19 Disaster Emergency, wherein
the Mayor directed the closing of public buildings, as well as the
adoption and implementation of a series of extraordinary measures
to better respond to the evolving public health crisis.
D.
By way of a series of supplemental declarations, executive orders,
authorizations and directives to City staff and related coordination
with other government officials, agencies, volunteers and organizations,
the City imposed precautions to reduce the risk of transmission of
the coronavirus and restrictions to lessen the increased financial
burden arising from the extraordinary closures of schools, businesses
and public facilities.
E.
On the 14th day of April, 2020, the Council of the City of Harrisburg,
by way of Resolution 25-2020, ratified and confirmed the Mayoral Declaration
of a public health emergency and related subsequent steps undertaken
for the City government to assess and implement emergency measures
and, thereby, mitigate the spread of the novel coronavirus.
F.
In the course of addressing the ravages of the prolonged coronavirus
pandemic, extraordinary public measures have been adopted, including
specific measures to forestall a foreseeable increase in public health
risks and consequences that arise from the movement and displacement
of any significant number of families, households and individuals
from their current abodes due to economic hardship, without readily
available housing alternatives that are safe, accessible and affordable.
G.
The Supreme Court of Pennsylvania declared a General Statewide
Judicial Emergency on March 18, 2020, effectively closing physical
access to the courts from March 19 through April 3, and expressly
prohibiting judicial agents or employees from acting upon eviction
orders.
H.
The Supreme Court of Pennsylvania ultimately extended its statewide
emergency orders until June 1, while limiting the related statewide
suspension of procedures for the dispossession of property until May
11 and making any determinations on judicial proceedings a local matter
by citing the express authority of the President Judges of the lower
courts to issue their own emergency declarations and direct protective
measures, as each would see fit, depending on local conditions.
I.
On May 7, 2020, the Governor issued an order suspending the
issuance of the mandatory statutory notice requirements for the commencement
for actions for eviction for 60 days, with an effective date of May
11, and which by supplemental amendments and orders expressly extended
the time to commence residential evictions proceeding for the nonpayment
of rent or the overstaying of the duration of a tenant's lease
until August 31.
J.
On March 24, 2020, the Mayor issued a Declaration of Temporary
Suspension of Residential Tenant Evictions Due to Nonpayment of Rent,
prohibiting the eviction, ejectment or displacement of tenants within
the City for the non-payment of rent.
K.
Commencing on March 16, 2020, the President Judge for the Dauphin
County Court of Common Pleas issued a series of emergency declarations
and administrative orders, with at least four orders addressing the
judicial administration of eviction proceedings, including residential
evictions from real property situated in the City of Harrisburg.
L.
On September 4, 2020, the Centers for Disease Control and Prevention
(CDC) issued an agency order for a "temporary eviction moratorium
to prevent the further spread of COVID-19" that was made effective
until December 31, 2020.
M.
On September 8, 2020, applying the September 4 CDC agency order
to those eviction actions governed by that agency order, the President
Judge of the Court of Common Pleas for Dauphin County entered an order
continuing the prohibition against evictions for the CDC qualifying
category of eviction matters until December 31, 2020.
N.
On March 13, 2020, the U.S. Department of Health and Human Services
(HHS) published the U.S. Government COVID-19 Response Plan, reporting
among its assumptions that a "pandemic will last 18 months or longer
and could include multiple waves of illness" and, consistent therewith,
the Pennsylvania Department of General Services now has determined
to extend the return of on site work for the many Commonwealth employees
placed on remote work status implemented in March 2020 until July
1, 2021.
O.
The Pennsylvania General Assembly's legislative efforts
to extend the Governor's statewide emergency authority and thereby
enlarge the time allowed for the suspension of residential evictions,
ejectments or displacement of families, households and individuals
for the non-payment of rent, the overstay of the term of a lease or
any other reason ended without an enactment, as the time of adjournment
sine die as mandated by Article II of the Pennsylvania Constitution
ended the 2019-2020 Regular Session.
A.
The Council finds that increased risk of displacement of families,
households and residents to be a clear and present danger to the overall
public health in the City of Harrisburg, risking immediate increases
in the demand for public services, placing first responders at greater
risk of coronavirus exposure as the result of increases in the homeless
and shelter populations throughout the City and undermining the capacities,
resilience and resources of emergency responders on all fronts, all
of whom have been operating for 10 months in the grip of this long-term
health care crisis.
B.
The number of reported COVID-19 infections, hospitalizations
and deaths now are unevenly rising - again - throughout the City,
the Central Pennsylvania Region, the Commonwealth and the Nation.
C.
On almost daily basis, the Pennsylvania Department of Health
provides regular COVID-19 reports on the number of individuals who
have tested positive or negative for the infection, the number of
people who have been hospitalized to treat COVID-19 symptoms and the
number of deaths related to COVID-19, from throughout the whole of
the Commonwealth of Pennsylvania and on a County by County basis.
D.
On March 18, 2020, the same date the Supreme Court of Pennsylvania
imposed a moratorium of evictions, the Pennsylvania Department of
Health reported that the Commonwealth had 133 people who reported
positive for COVID-19.
E.
On April 14, 2020, the same date that the Council ratified and
confirmed a Mayoral Declaration of a Public Health Emergency and related
subsequent actions, the Pennsylvania Department of Health reported
that the Commonwealth had 25,345 people who reported positive for
COVID-19 and 584 COVID-19-related deaths.
F.
On April 14, 2020, the Pennsylvania Department of Health reported
that Dauphin County had 249 people who reported positive for COVID-19
and five COVID-19-related deaths.
G.
On May 7, 2020, the same date the Governor of the Commonwealth
of Pennsylvania issued an order suspending the issuance of the mandatory
statutory notice requirements for the commencement for actions for
eviction for 60 days that prohibited the eviction process from commencing,
the Pennsylvania Department of Health reported that the Commonwealth
had 52,915 people who reported positive for COVID-19 and 3,416 COVID-19-related
deaths.
H.
On May 7, 2020, the Pennsylvania Department of Health reported
that Dauphin County had 735 people who reported positive for COVID-19
and 33 COVID-19-related deaths.
I.
On July 9, 2020, the same date the Governor extended the order
suspending the issuance of the mandatory statutory notice requirements
for the commencement for actions for eviction until August 31, 2020,
the Pennsylvania Department of Health reported that the Commonwealth
had 6,880 COVID-19-related deaths.
J.
On July 9, 2020, the Pennsylvania Department of Health reported
that Dauphin County had 2,247 people who reported positive for COVID-19
and 148 COVID-19-related deaths.
K.
On August 31, 2020, the same date the Governor's extended
order suspending the issuance of the mandatory statutory notice requirements
for the commencement for actions for eviction expired, the Pennsylvania
Department of Health reported that Dauphin County had 3,329 people
who reported positive for COVID-19 and 163 COVID-19-related deaths.
L.
On September 4, 2020, the same date that the Centers for Disease
Control issued an agency order imposing a nationwide moratorium on
certain evictions, the Pennsylvania Department of Health reported
that the Commonwealth had 7,742 COVID-19-related deaths.
M.
On September 8, 2020, the same date the President Judge of the
Court of Common Pleas for Dauphin County entered an order continuing
the prohibition against evictions for the CDC qualifying category
of eviction matters until December 31, 2020, the Pennsylvania Department
of Health reported that Dauphin County had 3,479 people who reported
positive for COVID-19 and 166 COVID-19-related deaths.
N.
On October 1, 2020, the Pennsylvania Department of Health reported
that Dauphin County had 3,879 people who reported positive for COVID-19
and 181 COVID-19-related deaths.
O.
On November 1, 2020, the Pennsylvania Department of Health reported
that the Commonwealth had 205,517 people who reported positive for
COVID-19.
P.
On November 1, 2020, the Pennsylvania Department of Health reported
that Dauphin County had 4,960 people who reported positive for COVID-19
and 196 COVID-19-related deaths.
Q.
On November 30, 2020, the same date the Pennsylvania General
Assembly had an adjournment sine die to end the 2019-2020 Regular
Session, the Pennsylvania Department of Health reported that the Commonwealth
had 351,667 people who reported positive for COVID-19.
R.
On November 30, 2020, the Pennsylvania Department of Health
reported that Dauphin County had 7,611 people who reported positive
for COVID-19 and 217 COVID-19-related deaths.
S.
As of December 9, 2020, the last date of available data before
the introduction of the present bill for an emergency ordinance, the
Pennsylvania Department of Health reported that the Commonwealth had
445,317 people who reported positive for COVID-19.
T.
As of December 9, 2020, the Pennsylvania Department of Health
reported that Dauphin County had 9,633 people who reported positive
for COVID-19 and 229 COVID-19-related deaths.
U.
As of December 9, 2020, the Pennsylvania Department of Health,
after improving their reporting on the localization of COVID-19 data
reporting by zip code, reported that within the City of Harrisburg,
the City had an aggregate 1,440 people who reported positive for COVID-19.
V.
The year-long men's shelter for the area that includes
Harrisburg will not be accepting emergency admissions this winter;
shelter beds for families currently have reduced availability due
to COVID protocols in shelters; the shelter for women and non-binary
individuals at Grace United Methodist Church on State Street has capacity
for 20 individuals; Christian Churches United (CCU) has not been able
to open a shelter for men that they normally run at the Susquehanna
Harbor Safe Haven Facility, as they cannot place long-term residents
and staff at additional risk of COVID-19 exposure; the CCU hopes to
have winter hazardous weather shelter for men by early January, which
would hold up to 30 men; and the local shelter system is already strained
even with the current CDC moratorium.
W.
The foregoing public health findings demonstrating a marked
increase in the number of statewide and localized infections, hospitalizations
and deaths related to COVID-19 provides sufficient evidence for this
Council to act to authorize temporary supplemental emergency powers
to better provide for the health, safety and welfare of the general
public.
X.
Recognizing the foregoing public health findings demonstrate
the need for immediate legislative action to address the heightened
risk to the overall public health, safety and welfare within the City
of Harrisburg that has arisen from a rapidly growing and continuing
risk of illness, hospitalization and death in relation to a worldwide
pandemic, and, furthermore, considering the plain absence of necessary
supplemental remedial statewide or federal legislative action in the
foreseeable future, the Council of the City of Harrisburg now finds
that as a local government imbued with unequivocal rights and obligations
to provide for the health, safety and welfare of the people, legislative
enactments are necessary and appropriate to mitigate the ravages of
COVID-19 throughout the City and an essential exercise of local legislative
power to fulfill the City's plain obligations to the citizenry.
A.
The City of Harrisburg operates under the Optional Third Class
City Charter Law, 53 P.S. §§ 41101 through 41421, 41601
through 41625, the provisions of which vest the following powers in
the City government:
(1)
Adopt and enforce local ordinances, under Section 303(2).
(2)
For any violation of any housing ordinance found to pose a threat
to the public's health, safety or property, the City may impose
penalties of fine that may not exceed one citation per five calendar
days for a continual and uncorrected violation of the same subsection
of such ordinance on the same property, limited to no less than $500
and no more than $1,000 for the first two continual and uncorrected
violations of the same subsection of such ordinance on the same property
and no less than $1,000 and not exceeding $10,000 for the third and
any subsequent continual and uncorrected violation of the same subsection
of such ordinance on the same property, or imprisonment for any term
not exceeding 90 days, or both, under Section 303(2.1).
(3)
Impose penalties of fine not exceeding $1,000, or a term of
imprisonment not exceeding 90 days, or both, for violations of any
section of any other ordinance, under Section 303(2.2).
(4)
Exercise all powers of local government in such manner as its
governing body may determine, under Section 303(2.3).
(5)
A grant of municipal power intended to confer the greatest power
of local self-government consistent with the Constitution of this
State, under Section 304.
(6)
That all grants of municipal power under the Act, whether in
the form of specific enumeration or general terms, shall be liberally
construed in favor of the City, under Section 304.
(7)
Council by a resolution declaring an emergency approved by at
least 2/3 of all the members can make a non-budget ordinance effective
immediately, under Section 608(b).
B.
The Emergency Management Services Code, 35 Pa.C.S.A. § 7101
et seq., constitutes an exercise of the Commonwealth of Pennsylvania's
Legislative authority to provide a comprehensive approach to address
disasters emergency matters and events, both man-made and natural,
with an express purpose being to reduce vulnerability of people and
communities of this commonwealth to damage, injury and loss of life
and property resulting from disasters, under Section 1, in accordance
with 35 Pa.C.S.A. § 7103.
C.
The Emergency Management Services Code, 35 Pa.C.S.A. § 7101
et seq., provides local governments with statutory authority to act
to address local emergencies, vesting the following powers in local
government:
(1)
For a local governing body to declare a local emergency when
in their judgment the threat or actual occurrence of a disaster is
or threatens to be of sufficient severity and magnitude to warrant
coordinated local government action to prevent or alleviate the damage,
loss, hardship or suffering threatened or caused thereby, under Section
1, in accordance with 35 Pa.C.S.A. § 7102.
(2)
To petition the Governor to declare a local emergency that arises
wholly or substantially out of a resource shortage, when that arises
out of the absence, unavailability or reduced supply of any service
of any kind which bear a substantial relationship to the health, safety,
welfare and economic well-being of the citizens of this Commonwealth,
under provisions of Section 1, in accordance with 35 Pa.C.S.A. § 7102.
(3)
To adopt and implement precautionary measures to mitigate the
anticipated effects of disaster, under provisions of Section 1, in
accordance with 35 Pa.C.S.A. § 7503.
(4)
To execute and enforce such rules and orders as the agency shall
adopt and promulgate under the authority of Part V of Title 35, under
provisions of Section 1, in accordance with 35 Pa.C.S.A. § 7503.
(5)
Cooperate and coordinate with any public and private agency
or entity in achieving any purpose of this part, under provisions
of Section 1, in accordance with 35 Pa.C.S.A. § 7503.
D.
The Codified Ordinances of the City of Harrisburg sets forth
the series of local laws that provide the framework for the operation
of City government in a manner that fulfills the municipality's
duty to protect the health, safety and welfare of the general public,
the provisions of which include:
(1)
Chapter 3-355.1, providing that Mayor shall have the authority
to declare a state of emergency in the City.
(2)
Chapter 6-301.1, providing all dwellings shall be maintained and operated in compliance with the provisions of Chapter 8-107, as amended from time to time, and such provisions of this Public Health Code as are applicable thereto.
E.
The agency order of September 4, 2020, that was promulgated
by the Centers for Disease Control and Prevention (CDC), located within
the Department of Health and Human Services and issued under Section
361 of the Public Health Service Act and 42 CFR 70.2, provides:
(1)
For a temporary eviction moratorium of covered persons to prevent
the further spread of COVID-19, with said moratorium set to expire
on December 31, 2020.
(2)
That the agency order will not apply to any state, local, territorial
or tribal area with a moratorium on residential evictions that provide
the same or greater level of public-health protection than the requirements
in the order.
(3)
That the CDC recommends increasing physical distance between
beds in homeless shelters and that extensive outbreaks of COVID-19
have been identified in homeless shelters.
(4)
That the agency order does not relieve any individual of any
obligation to pay rent, make a housing payment or comply with any
other obligation the individual may have under a tenancy, lease or
similar contract.
In addition to any powers conferred under Part A of this chapter or otherwise by law, whenever the Mayor determines that there exists a public health hazard that requires extraordinary steps to mitigate or slow contagion from a communicable disease through the movement or displacement of individuals within the City that is determined to present a significant increased risk to public health that risks overwhelming public and private systems and resources in the City that otherwise take part of addressing a public health hazard, the Mayor, in addition to any power to declare that a state of emergency exists in accordance with Part A of the chapter or otherwise by law, may issue a supplemental declaration of public health emergency.
Whenever the Mayor declares that a state of public health emergency
exists under this Part B, any of the following additional emergency
prohibitions, restrictions, enforcement measures or any combination
thereof shall be subject to being implemented immediately upon the
Mayor's issuance or renewal of any declaration made hereunder
and shall remain in effect during the period of said emergency and
throughout the City:
A.
Prohibit the eviction, ejectment or displacement of individuals,
families or households within the City from any residential rental
unit, dwelling unit or rooming house for a period of up to 30 days.
B.
Renew or reissue a prohibition under Subsection A above, for periods up to 30 days each, as public health emergency conditions warrant.
C.
Petition the Governor in accordance with Section 1 of the Emergency
Management Services Code, 35 Pa.C.S.A. § 7101 et seq. and
§ 7102, specifically, for any resource shortage related
to public health emergency.
D.
Directives for City personnel to investigate and determine whether
a violation of the prohibitions of this Part B occurred and commence
enforcement actions accordingly.
E.
Petition to intervene in any or all pending eviction or ejectments
actions.
F.
Directives for the issuance of any regulations necessary to implement
and enforce this Part B.
G.
(Reserved)
The requirement to refrain from the eviction, ejectment or displacement of individuals, families or households within the City from any residential rental unit or dwelling unit under this Part B shall be deemed a violation of the required minimum standards for a dwelling under Chapter 6-301.1, subject to the supplemental Part B penalties.
The requirement to refrain from the eviction, ejectment or displacement of individuals, families or households within the City from any residential rental unit, dwelling unit or rooming house under this Part B shall be deemed a Public Health Code violation qualifying as a miscellaneous health hazard under Chapter 6-313, subject to the supplemental Part B penalties.
Compliance with any declaration issued under this Part B shall be a condition for every dwelling unit subject to Chapter 8-511, and a violation thereof shall cause a revocation of the certificate of compliance under Chapter 8-511.13, rendering the dwelling unit subject to placarding and the loss of any certificate of occupancy for 90 days.
Compliance with any declaration issued under this Part B shall be a condition for every rooming house subject to Chapter 8-503, and a violation thereof shall cause a suspension of the permit authorizing the operation of a rooming house, rendering the entire rooming house subject to placarding for 120 days, with other remaining occupants subject to an immediate thirty-day written notice from the permit holder to vacate.
A.
The eviction, ejectment or dispossession undertaken in violation
of this Part B shall be subject to enforcement by any enforcement
officer of the City, notwithstanding any regular duty assignment.
B.
Any owner, operator or manager of a residential rental property,
dwelling unit or rooming house that acts to enforce or otherwise causes
an eviction, ejectment or dispossession of any individual, family
or household to occur in violation of a declaration issued under this
Part B shall be deemed to have violated all provisions of Part B that
apply to the property at issue.
C.
Notwithstanding any other applicable penalties for a violation of this chapter, a violation of a declaration issued under this Part B shall be deemed a violation of a housing ordinance that poses a threat to the public's health and safety under Section 302 of the Optional Third Class City Charter Law, 53 P.S. §§ 41303(2.1) and subject to all penalties as fines and punishment provided, including fines up to $10,000 and imprisonment for up to 90 days.
This Part B is enacted under the authority of Section 303 of the Optional Third Class City Charter Law, authorizing the enactment of ordinances and exercise of all powers of local government.
A.
Nothing in this Part B is intended to or shall be deemed to mandate or authorize any person, official, department, bureau or public employee to require any violation of the Emergency Management Services Code, 35 Pa.C.S.A. § 7101 et seq., or any plans and programs adopted and promulgated by of the Pennsylvania Emergency Management Council.
B.
Nothing in this Part B is intended to or shall be deemed to mandate
or authorize any person, official, department, bureau or public employee
to require any violation of the Public Health Service Act or related
regulations, or any directive or order of the U.S. Department of Health
and Human Services or the CDC.
C.
Nothing herein shall be deemed to alter the right or obligation of
any person to pay or receive rent due and owing for any residential
tenancy, lease or otherwise similar contract.
D.
Nothing herein is intended to or shall be deemed to waive, diminish
or otherwise prohibit the use of other statutory authority of the
City.
E.
Nothing herein precludes evictions based on a tenant, lessee, or
resident:
(1)
Engaging in criminal activity while on the premises.
(2)
Threatening the safety or health of other residents.
(3)
Damaging or posing an immediate risk of damage to property.
(4)
Violating any provision of the City Code or other applicable
law or regulation relating to health and safety.
(5)
Violating any other contractual obligation, other than the timely
payment of rent, fees, late charges, utilities or other costs associated
with the tenancy, lease or contract or the overstaying of term of
occupancy.
F.
Nothing herein is intended to apply to any properly licensed and
registered hotel or motel required to collect and remit hotel tax
revenues to Dauphin County.
The Mayor or duly appointed designee shall have the power in
the name of the City to institute proceedings against any and all
persons who violate the provisions of this chapter or to take any
other action provided by law.
Any person aggrieved by any decision of the Mayor or duly appointed
designee shall have the right to appeal to the Court of Common Pleas,
as in other cases.
This Part B shall sunset as a matter of law on December 31,
2021. Notwithstanding the lapse of this Part B, the City's authority
and right to commence or continue any enforcement action for any violation
of a declaration, directive, regulation or other order issued under
this Part B shall remain in full force and effect.
[Amended 4-9-2013 by Ord.
No. 3-2013]
Any person who violates the provisions of this chapter shall be subject to Chapter 3-399, Penalty, of these Codified Ordinances.
