[Adopted 9-8-2021 by Ord. No. 2021-711]
This article shall be known as the "Bath Residential Rental
License and Inspection Ordinance."
This article is intended to serve the following purposes:
A. To assist the Borough in protecting and promoting the public health,
safety, and welfare of its citizens;
B. To establish rights and obligations of owners, managers, and occupants
relating to the rental of residential properties and to seek that
owners, managers and occupants properly maintain residential rental
properties within the Borough;
C. To ensure that owners, managers, and occupants have responsibilities
to comply with codes and to avoid nuisances for neighboring occupants
or guests of occupants or patrons of permitted establishments; and
D. To provide for a system to apply for a rental unit license and license
renewal, to inspect rental units, to issue rental unit licenses or
renewals, and to establish penalties for violation of this article.
As used in this article, the following terms shall have the
following meanings. If a term is not defined in this article but is
defined in the Borough's Property Maintenance Code or Uniform
Construction Codes, then that definition shall apply to this article. If a
term is not defined in any of those codes, but is defined elsewhere
in the Borough Code, then the definition in the Borough Code shall
apply to this article.
BOARDING, ROOMING OR LODGING HOUSE
A building permitted under the Borough Zoning Ordinance, as amended, to be used to shelter and/or feed in excess
of two individuals not members of the operator's family, by prearrangement,
for definite period or periods of time, who are not living together
as a single-family dwelling unit, and the owner of premises or operator
receives a pecuniary benefit. A boarding, room or loding house each
constitute a single existing rental unit or single new rental unit,
as the case may be, depending on the date of zoning approval for such
boarding, room or lodging house relative to the Borough Zoning Ordinance,
as amended.
BOROUGH
Borough of Bath, Northampton County, Pennsylvania.
CODE
Any code or ordinance adopted, enacted or in effect in and
for the Borough as may be amended from time to time.
CODE ENFORCEMENT OFFICER
Borough-appointed Code Enforcement Officer(s) having the
duty to enforce this article and other ordinances of the Borough,
and any assistants or deputies appointed by the Borough. At the discretion
of Council, an independent entity or contractor may also be appointed
as a Code Enforcement Officer to enforce all or part(s) of this article.
COUNCIL
Governing body for the Borough per the Pennsylvania Borough
Code.
DISRUPTIVE CONDUCT
A.
Any form of conduct, action, incident or behavior perpetrated,
caused or permitted by any occupant or guest of a rental unit that
is any one of the following:
(1)
Is a violation of any code of the Borough regulating fireworks
or nuisances and subject to civil or criminal enforcement by the Borough,
as the case may be;
(2)
Is the subject of a criminal citation for disorderly conduct;
(3)
Any violation of Pennsylvania's landlord and tenant Act
of 1951, as amended, relating to drug offenses set forth in 68 P.S.
§ 250.505-A; or
(4)
Is the subject of a criminal citation under the Pennsylvania
Crimes Code or the Pennsylvania Liquor Code.
B.
A civil or criminal citation or proceeding is not required in
order for a determination of disruptive conduct. However, if legal
action or citation is issued by the Borough or Borough-appointed police
authority and successfully prosecuted or a guilty plea entered before
a Magisterial District Justice, such adjudication or citation shall
automatically constitute disruptive conduct. However, if a timely
appeal of the adjudication or citation is filed with a court of competent
jurisdiction from a decision of the court of original jurisdiction
or Magisterial District Justice, the matter shall not be deemed to
constitute disruptive conduct unless the adjudication or finding of
guilty is affirmed by a final decision on the timely appeal.
C.
In order for reported disruptive conduct to constitute disruptive conduct, a written disruptive conduct report must be issued by the Code Enforcement Officer and notice must be served upon an occupant legally liable under rental agreement and the owner or manager, if any, pursuant to §
497-11H of this article.
DISRUPTIVE CONDUCT REPORT
A written report of disruptive conduct on a form prescribed by the Borough to be completed by the Code Enforcement Officer who investigates an alleged incident of disruptive conduct. The disruptive conduct report shall be maintained by the Code Enforcement Officer with a copy of same served upon an occupant legally liable under rental agreement and the owner or manager, if any, pursuant to §
497-11H of this article.
DWELLING
A building including one or more dwelling units.
DWELLING UNIT
A residential living area for one family household that is
used for living and sleeping purposes and that has its own cooking
facilities and a bathroom with a toilet and a bathtub and/or shower.
EXEMPT UNIT
The following types of premises shall each be considered
an "exempt unit:"
A.
Owner-occupied dwelling unit except for any part of any owner-occupied
dwelling unit subject to a rental agreement.
B.
State-licensed hospitals, nursing homes, personal care homes
and group homes.
EXISTING RENTAL UNIT
A rental unit that previously obtained a zoning permit or
certificate of nonconforming use or obtains a certificate of nonconforming
use under the Borough Zoning Ordinance, as may be amended, for residential dwelling use and occupied
by occupant(s) prior to the effective date of this article pursuant
to a rental agreement entered into by the owner and occupant(s) legally
liable under rental agreement prior to the effective date of this
article in conformance with the zoning permit or certificate of nonconforming
use, as the case may be.
FAMILY
One or more persons related by blood, marriage, adoption
or foster relationship, living together as a single housekeeping unit;
or a group of unrelated persons who are living together in a single,
nonprofit dwelling unit and living together as a single housekeeping
unit. The term "family" shall not include the occupants of a clubhouse,
hotel, motel, fraternity house, group home or boarding, rooming, or
lodging house.
GENERAL INSPECTION
Inspection by the Code Enforcement Officer to determine compliance
with any applicable codes. Any premises with or without rental units
thereon are subject to general inspection under applicable codes regardless
of this article.
GUEST
A person who is present on the premises of a rental unit
with the actual or implied consent of an occupant.
HOTEL UNIT
Any room or group of rooms located within a hotel, motel,
or bed-and-breakfast forming a single habitable unit used or intended
to be used for living and sleeping only on a transient basis as regulated
by Northampton County Hotel Room Rental Tax. The hotel unit must be
registered with Northampton County and paying or subject to the Northampton
County Hotel Room Rental Tax as required by Northampton County.
MANAGER
An adult individual designated by the owner of a rental unit as agent for the owner pursuant to §
497-4B of this article. The manager shall be the agent of the owner for service of process and receiving notices or demands and to perform the obligation of the owner under this article and under rental agreements with occupants.
MINIMUM STANDARDS INSPECTION
The inspection set forth in §
497-9A(3) of this article for the Code Enforcement Officer to determine whether the intended rental unit violates the minimum requirements set forth in §
497-9A(3) of this article.
NEW RENTAL UNIT
A rental unit that obtains a zoning permit pursuant to the
Borough Zoning Ordinance, as may be amended, for residential use as a rental unit
on or after the effective date of this article. Alternatively, a premises,
in whole or in part, that obtained a zoning permit pursuant to the
Borough Zoning Ordinance, as amended, for residential use as a single-family
dwelling by the owner of the premises, in whole or in part, before
the effective date of this article but the owner creates a rental
unit with occupant(s) via a rental agreement entered into by the owner
and occupant(s) before or after the effective date of this article
with occupancy commencing on or after the effective date of this article
in conformance with the previously obtained zoning permit.
OCCUPANT
Any person or number of persons who does not own the premises
and rents, occupies or leases a rental unit for a residential domicile
or an alternative residential domicile. The term "occupant" shall
also include, but not be limited to, any tenant or subtenant.
OCCUPANT LEGALLY LIABLE UNDER RENTAL AGREEMENT
This term shall mean the adult occupant or adult occupants
that the owner or manager identifies in the rental agreement, Required
Addendum to Residential Rental Agreement, rental license application,
and/or rental license renewal application as being an adult occupant
legally liable under rental agreement.
OWNER
One or more persons, jointly or severally, in whom is vested
all or part of the legal title to the premises, and who has a right
to transfer use and/or possession of the premises to a third party
or has exercised that right through lease or license. The term "owner"
shall also include, but not be limited to, a mortgage holder who is
in possession of a rental unit or a landlord or sublandlord.
PECUNIARY BENEFIT
A benefit capable of monetary valuation, for example, benefit
in the form of money, property, commercial interests, or anything
else the primary significance of which is economic gain.
PERSON
A natural person, partnership, corporation, unincorporated
association, limited partnership, trust, or any other entity.
PREMISES
Any parcel of real property in the Borough, including the
land and all buildings and structures located thereon.
RENEWED RENTAL LICENSE
Renewed rental license that may be issued by the Borough
under this article to the owner of a rental unit. Each rental unit
is required to have a rental license or renewed rental license, as
the case may be.
RENTAL AGREEMENT
A legally enforceable agreement between owner and occupant
embodying the terms and conditions concerning the use and occupancy
of a rental unit for pecuniary benefit to the owner, a member of the
owner's immediate family or a business with which the owner or
a member of the owner's immediate family is associated.
RENTAL LICENSE
Initial rental license that may be issued by the Borough
under this article to the owner of a rental unit. Each rental unit
is required to have a rental license or renewed rental license, as
the case may be.
RENTAL LICENSE APPLICATION
A document prepared by the Borough and made available to the owner(s) of any premises containing at least one rental unit. This application shall be completed by the owner for each rental unit and provided by the owner to the Borough as required by §
497-8 of this article. The rental license application and rental license renewal application may be a single, combined document in the Borough's sole discretion.
RENTAL LICENSE RENEWAL APPLICATION
A document prepared by the Borough and made available to the owner(s) of any premises containing at least one rental unit. Before expiration of the rental license or renewed rental license, this application shall be completed annually by the owner for each rental unit and provided by the owner to the Borough as required by §
497-8 of this article. The rental license renewal application and rental license application may be a single, combined document in the Borough's sole discretion.
RENTAL UNIT
A dwelling unit or part of a dwelling unit located in the
Borough that is not an exempt unit and is occupied by one or more
occupants pursuant to a rental agreement.
Each occupant of a rental unit shall have the following duties:
A. Comply with all obligations of this article and all applicable federal,
state and local laws, ordinances and regulations.
B. Conduct himself/herself on the premises and within the rental unit
in a manner that does not constitute disruptive conduct.
C. Require guests to conduct themselves(s) on the premises and within
the rental unit in a manner that does not constitute disruptive conduct.
D. Comply with any eviction order issued by the Code Enforcement Officer pursuant to §
497-6D of this article.
E. Not engage in, nor tolerate, nor permit guests to cause damage to
the rental unit or cause violations of this article, other Borough
ordinances, or other applicable laws.
F. Use the trash and recyclable collection services provided by the
owner.
G. Use the rental unit for no purpose other than as a described in the
rental agreement and permitted by the Borough Zoning Ordinance, as may be amended.
H. Allow a Code Enforcement Officer to inspect the rental unit at reasonable
times.
I. Not allow persons other than those identified in the rental agreement
or Required Addendum to Residential Rental Agreement to reside in
the rental unit.
J. Not permit and take all actions necessary to ensure that the maximum
number of occupants for each rental unit does not exceed the maximum
number of occupants permitted under the Required Addendum to Residential
Rental Agreement or by Section 404 of the Bath Property Maintenance
Code, as may be amended, whichever amount is less.
K. Attend inspection by the Code Enforcement Officer if requested by
the Code Enforcement Officer to do so.
L. Not violate any applicable provision of this article.
Any Code Enforcement Officer appointed by Council shall administer
this article in accordance with its terms and shall be responsible
for instituting or causing the institution of enforcement proceedings
on behalf of the Borough.
The following rental license application process shall be used
for all existing rental units and any new rental units established
on or after the effective date of this article:
A. Within 90 days after the effective date of this article, the owner of premises shall submit to the Borough a fully completed rental license application for the premises for each rental unit thereon together with the applicable rental license application fee for each rental unit, fully signed copy of the Required Addendum to Residential Rental Agreement, and power of attorney when said power of attorney is required by §
497-4B of this article. The rental license application form shall be prepared by the Borough and made available by the Borough to the public via the Borough's website and Borough's office at 121 South Walnut Street, Bath, PA 18014. The Borough shall not process any rental license applications without first receiving payment of the required fee(s). The rental license application fee shall be $100 for each rental unit. The rental license application fee may be changed by Council from time to time by resolution of Council. A rental license issued by the Borough shall only be valid through December 31 of the calendar year for which the rental license is issued by the Borough. The maximum length of a rental license is one calendar year.
B. Any new rental unit(s) licensed for occupation commencing on or after
July 1 of a given year shall be required to pay only half of the rental
license application fee for that particular year.
C. Renewal. By December 31 of each calendar year, the owner of premises shall submit to the Borough a fully completed rental license renewal application for the premises for each rental unit thereon together with the applicable rental license renewal application fee for each rental unit seeking a renewed rental license for each rental unit for the immediately following calendar year, fully signed Required Addendum to Residential Rental Agreement in the event of a change of occupant(s) legally liable under rental agreement, and power of attorney when said power of attorney is required by §
497-4B of this article. The rental license renewal application form shall be prepared by the Borough and made available by the Borough to the public via the Borough's website and Borough's office at 121 South Walnut Street, Bath, PA 18014. The Borough shall not process any rental license renewal applications without first receiving payment of the required fee(s). The rental license renewal application fee shall be $100 for each rental unit. The rental license renewal application fee may be changed by Council from time to time by resolution of Council. A renewed rental license issued by the Borough shall only be valid from January 1 through December 31 of the calendar year subsequent to the immediately preceding calendar year that the Borough issued the expired rental license or renewed rental license, as the case may be. The maximum length of a renewed rental license is one calendar year.
D. Exempt units are not required to submit a rental license application
or rental license renewal application.
A rental license or renewed rental license shall not be transferred.
In the case of a rental license or renewed rental license for any
rental units that are sold or transferred to a new owner, the new
owner shall apply for a rental license for each rental unit and comply
with all requirements of this article, and each rental unit shall
be subject to minimum standards inspection(s) as required by this
article. Failure to apply for a rental license within 30 days before
or after transfer of ownership of premises with rental unit(s) thereon
shall result in revocation of rental license(s) or renewed rental
license(s) obtained by the prior owner for applicable rental units.
All references to "he," "him," "his" or "himself;" "she," "her"
or "herself;" or "it," "its" or "itself" shall be considered gender
neutral and shall be deemed to represent masculine, feminine and neuter
subjects and objects.
Wherever a singular expression is used in this article, that
expression is considered as including the plural where required by
the context.
If any section, clause, provision or portion of this article
shall be held invalid or unconstitutional by a court of competent
jurisdiction, such decision shall not affect any other section, clause,
provision or portion of this articles so long as it remains workable
minus the invalid portion.
All existing ordinances of the Borough or parts thereof which
are inconsistent with the provisions of this article are hereby repealed.
This article hereby expressly repeals and replaces Ordinance No. 401,
adopted on or around January 4, 1998.
Effective date: This article shall take effect January 1, 2022.