[HISTORY: Adopted by the Borough Council of the Borough of
Avondale as indicated in article histories. Amendments noted where
applicable.]
[Adopted 8-19-2014 by Ord. No. 246]
This article shall be known as the "Avondale Residential Registration
Ordinance."
The purpose of this article is to further the health, safety,
and general welfare of the people of Avondale by providing for the
registration of residential premises and their inspection for compliance
with the laws that govern the use, occupancy, construction, and maintenance
of those premises. Further, the Council finds that residential premises
that are not occupied by their owners are at greater risk of being
noncompliant with the applicable laws than premises that are owner-occupied.
The Council further finds that multiple residential dwellings pose
a greater concern about the health and safety of their residents than
single residential dwellings. Therefore, the Council has determined
that residential premises that are not owner-occupied or are within
buildings with multiple dwelling units shall be inspected on a more
frequent schedule than other premises.
As used in this article, the following terms shall have the
meanings set forth in this section.
A written application for issuance of a certificate of registration
and inspection for a residential unit pursuant to this article, made
on a form specified by the Borough.
The Borough of Avondale, Chester County, Pennsylvania.
The certificate issued with respect to a residential unit pursuant to § 332-5 hereof.
The Borough's Code Enforcement Officer, or any authorized
representative of that Officer, and/or any other person authorized
by the Council to conduct inspections or take any other actions pursuant
to this article.
With respect to a certificate, are the dates stated as such
on the certificate.
A tenant-occupied Type 1 unit which is occupied pursuant
to a written lease or other written agreement that provides for an
initial term of occupancy by the tenant(s) expressly stated as being
six months or longer.
A natural person, whether or not an owner, who regularly
occupies a residential unit.
Any natural person or any legal entity which, alone or jointly
or in common with others, holds legal or equitable title to real property
in the Borough.
A residential unit (either Type 1 or Type 2) of which at
least one of the occupants is an owner of that residential unit.
Any law, ordinance, or regulation applicable to a residential
unit or to the premises on which such residential unit is located
that regulates the use, occupancy, construction, safety, or maintenance
of that unit or premises. Premises regulation includes, without limitation,
any zoning, use, building, construction, property maintenance, health,
safety, electrical, plumbing, heating, fire, ventilation, and waste
disposal law, ordinance, or regulation imposed by any governmental
authority having jurisdiction over the premises.
When a premises includes a residential unit, the portion
of the premises which is not part of a residential unit. Related space
includes, without limitation: common areas of a building; the common
elements of a condominium, cooperative, or similar form of common
ownership; hallways, laundry facilities, lobbies, porches, recreational
and storage areas, emergency exitways and facilities; the portions
of the premises used for heating, ventilation, or air conditioning,
water heating or treatment, electric generation, or storage for occupants'
belongings or fuel, trash, or garbage. Related space also includes
any room or group of rooms occupied or intended to be occupied for
any nonresidential use, including, without limitation, commercial,
industrial, office, or institutional use, when a residential unit
is located on the same premises.
A Type 1 unit or a Type 2 unit, as those terms are defined
below.
A Type 1 unit which is occupied and is not an owner-occupied
Type 1 unit.
A single unit providing, within a contiguous enclosed private
area, complete independent living facilities, including permanent
provisions for living, eating, sleeping, cooking, and sanitation,
for persons living as a single housekeeping unit. A unit is not a
Type 1 unit if any of its living, eating, sleeping, cooking, or sanitation
facilities are shared with the occupants of any other unit.
Any room or group of contiguous rooms forming a single habitable
unit occupied or intended to be occupied for sleeping or living which
is not a Type 1 unit.
A.
No owner of a residential unit shall occupy or shall permit the occupancy
of that unit unless a certificate of registration and inspection is
currently in effect for that unit.
B.
No owner of a related space shall fail to have at all times an effective
certificate of registration and inspection for that related space
if any residential unit on the same premises is occupied.
B.
Form of certificates. A certificate for a residential unit or related
space may be issued either as an individual document or as a single
document applicable to more than one residential unit or related space,
as the Borough may determine. A certificate that applies to more than
one residential unit or related space shall be deemed to be a separate
certificate with respect to each residential unit or related space
listed on the certificate.
C.
Application. The application shall be in writing, on a form provided
by the Borough. The application, without limitation, shall state:
(1)
The street address of the residential unit(s) or related space and
any information (such as apartment number, room number, unit number,
or other description) sufficient to distinguish clearly each residential
unit or related space from each other residential unit or related
space in the same structure or on the same parcel.
(2)
Name, street address, and telephone number of each owner. The application
may include additional contact information, such as a mailing address,
email address, fax number.
(3)
At the owner's option, the name, address, telephone number, and other
contact information of one or more agents or alternative contact persons
who may be contacted by the Borough in case of emergencies at the
residential unit or related space if the owner cannot be reached.
(4)
As to each residential unit:
(a)
Whether it is a single-family detached or attached dwelling;
(b)
The total number of rooms comprising the unit;
(c)
The number of rooms in the unit intended for sleeping, cooking,
living, sanitation;
(d)
Whether the residential unit shares with any other residential
unit or related space any area or room for cooking, living, or sanitation,
or common area (for example, hallways, entrances, storage areas, laundry
areas, parking areas) and, if so, identification of each other residential
unit or related space with which such area or room is shared;
(e)
Number of occupants or intended occupants;
(f)
Whether it is an owner-occupied unit (in which case the name
of each owner occupant shall be stated) or a long-term occupancy Type
1 unit;
(g)
For a long-term occupancy Type 1 unit, the names of all persons
who are occupants of the unit, indication of which of those occupants
are parties to the written lease or other written agreement for occupancy,
and the family relationships of the occupants to each other;
(h)
Number of off-street parking spaces on the premises wherein
the residential unit is located and the number of parking spaces reserved
for exclusive use by the residential unit, or, where off-street parking
spaces are not reserved for an individual residential unit, the number
of space reserved for use by the residential units on the premises
as a group;
(5)
As to each related space, description of the portion of the premises
that comprises related space, the uses of the related space and identification
of the owner of the related space (this is required whether the related
space is under the same or different ownership as the residential
unit(s) identified on the application).
(6)
The application shall be made pursuant to the penalties of 18 Pa.C.S.A.
§ 4904 relating to unsworn falsifications to authorities.
(7)
It shall be the duty of the owner to notify the Borough, in writing,
of any changes to the information on the application that occur during
the effective period of the certificate. The Borough may require that
the owner complete an amended application to reflect such changes.
D.
Fees. The fees for certificates and for all other actions performed
by the Borough under this article shall be as set by the Borough from
time to time by ordinance or resolution. The fee for each certificate
shall accompany the application. The Borough is not required to act
on any application which is not accompanied by payment of the full
fee.
E.
Required inspection. For residential unit(s), the inspection required
by this article shall be of the residential unit(s) listed in the
application and any related space on the premises that is under the
same ownership as all the residential units. For related space that
is not under the same ownership as all the residential units, the
inspection required by this article shall be of the related space.
F.
Inspection. After an application is submitted, the owner is responsible
for contacting the Borough and arranging for the required inspection.
The Borough will make reasonable efforts to perform such inspection
at a date agreeable to the owner. The Borough is not required to perform
an inspection other than on business days during the Borough's usual
business hours. The inspection must be requested at least 10 business
days in advance. The purpose of the inspection is to determine compliance
with all applicable premises regulations, to record manually and photographically
the condition and the physical configuration of the unit(s) or space,
including the arrangement and dimensions of rooms and common areas.
All residential units subject to inspection that are on a single premises
and under the same ownership shall be scheduled for inspection at
the same time, unless the Borough determines otherwise. Any related
space that is under the same ownership as a residential unit may be
inspected at the time of inspection of the residential unit. The owner
of a residential unit or related space is responsible for making the
unit(s) or space available for inspection as scheduled.
G.
Period of certificate. A certificate is effective from 12:01 a.m. on its effective date until 12:01 a.m. on its expiration date, unless otherwise terminated as set forth in § 332-5H.
(1)
A certificate for a Type 1 owner-occupied unit shall be issued with
an indefinite expiration date.
(2)
A certificate for any other residential unit shall be issued for
a period of one year.
(3)
The Borough may, at its discretion, adjust the expiration date of
a certificate so that it coincides with the expiration date(s) of
other residential unit(s) on the same premises under the same ownership,
provided that such adjustment shall not result in an effective period
of less than six months.
(4)
A certificate for a related space shall be issued for a period of
one year, unless every residential unit on the premises is under the
same ownership as the related space and is an owner-occupied Type
1 unit, in which case the certificate for the related space shall
be issued with an indefinite expiration date.
H.
Termination of certificate. Notwithstanding the expiration date set
forth on the certificate, a certificate terminates upon the occurrence
of any of the following:
(1)
A certificate for any residential unit or related space terminates
upon the transfer of the interest of any owner of the unit or space
to another person or entity. Termination does not occur if the transfer
is 1) to another owner of the residential unit or related space as
set forth on the certificate; 2) to a spouse or former spouse of the
owner, pursuant to a property settlement agreement; 3) by reason of
the death of an owner. The transferee shall give prompt notice to
the Borough of any transfer of ownership, whether or not such transfer
results in termination of the certificate.
(2)
A certificate for an owner-occupied Type 1 unit terminates when the
unit ceases to be owner-occupied. The owner shall give prompt written
notice to the Borough of any such change of occupancy.
(3)
A certificate for related space issued with an indefinite expiration
date expires if any of the residential units on the premises ceases
to be an owner-occupied Type 1 unit or the related space ceases to
be in the same ownership as all the residential units on the premises.
(5)
Termination of a certificate shall not entitle the owner to a refund
of any fee or portion thereof paid with respect to such certificate
or abate any fees due.
I.
Renewal of certificate. The owner of a residential unit or related space is responsible for submitting to the Borough an application for renewal of a certificate no less than 20 business days prior to the expiration date of the certificate, paying the required fee, and scheduling and permitting the required inspection to occur prior to, but not earlier than 25 business days before, the expiration date. A certificate renewed under this § 332-5I shall have an effective date that is the later of 1) the expiration date of the previous certificate; or 2) the day on which all requirements for issuance of the renewal certificate have been met. The expiration date of the renewal certificate shall be one year from the expiration date of the prior certificate.
J.
Issuance of certificate upon transfer of ownership of residential unit or related space. In the event of a planned transfer of ownership of a residential unit or related space that would cause the then-effective certificate to terminate pursuant to § 332-5H(1) or that would require the owner to obtain a certificate for a related space for which a certificate had not previously been required, the owner and prospective transferee may make an application for issuance of a new certificate to become effective upon the transfer of ownership. Such application may be made at any time, but no less than 20 business days before the transfer of ownership is to occur. The application shall set forth the information specified in § 332-5C as will apply upon the occurrence of the transfer. The Borough will inspect the residential unit, provided that the Borough shall not be required to inspect the unit earlier than 25 business days before the planned transfer. After the inspection, the Borough will issue a provisional certificate, indicating that a regular certificate will be issued effective as of the date of transfer of ownership, provided that such transfer occurs not later than 45 business days after the inspection and that the transferee owner certifies the correctness of the application as previously submitted or corrects any information, as necessary, and that the classification of the residential unit remains the same as that indicated on the application. The effective date of a certificate issued under this § 332-5J shall be the date of transfer of ownership and the expiration date shall be one year later.
K.
Change to owner-occupied status. If a Type 1 unit becomes owner-occupied,
the certificate will be amended or a new certificate will be issued
with an indefinite expiration date for that unit upon submission of
an application.
A.
Enforcement personnel. The Borough's Code Enforcement Officer, any
authorized representative of that Officer, and any other person authorized
by the Council to conduct inspections shall have the power and authority
to enforce this article.
B.
Other inspections. In addition to the inspections required for the
issuance of a certificate, every residential unit and related space
is subject to inspection by the Borough when probable cause exists
for an administrative search. Such inspections include, without limitation,
inspections conducted pursuant to a plan of random, periodic, or area
inspection.
C.
Warrants. The Code Officer is authorized to obtain from an issuing
authority an administrative warrant to enter any premises for the
purpose of inspection pursuant to this article.
D.
Premises regulations. Violations of premises regulations that are
observed during any inspection shall be enforced in accordance with
the enforcement provisions contained in the regulation that has been
violated. Violations of premises regulations that are not enforced
by the Borough may be referred to any agency having appropriate enforcement
power.
E.
Violations of this article.
(1)
Any owner who violates § 332-4 of this article shall be cited for a summary offense and, upon conviction thereof, shall be fined not more than $1,000, plus court costs and reasonable attorneys' fees incurred by the Borough in the enforcement proceedings. Upon judgment against any person by summary conviction, or by proceedings by summons on default of the payment of the fine or penalty imposed and the costs, the defendant may be sentenced and committed to the county correctional facility for a period not exceeding 30 days. Each day of violation of § 332-4 constitutes a separate violation.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
(2)
In the event that a court of competent jurisdiction shall determine that violations of this article are not subject to enforcement as summary violations, then any owner who violates § 332-4 of this article shall be subject to a civil penalty of $600, which may be recovered by the Borough in any appropriate legal action. Each day of violation of § 332-4 constitutes a separate violation.
F.
Remedies not exclusive. The remedies set forth above are not exclusive.
The Borough may institute any appropriate legal action against an
owner, occupant, or person in possession or control of a residential
unit or related space in order to obtain access thereto for purposes
of inspection for compliance with premises regulations, for recovery
of a civil penalty as set forth above, or for any other relief than
may be properly granted under this article. In any such action, the
Borough may recover the costs, including reasonable attorneys' fees,
incurred by the Borough in such action and costs arising out of the
Borough's obtaining physical access to the unit or space. The remedies
set forth in this article shall not bar the Borough from any other
remedies available under any other ordinance, premises regulation,
or law.
B.
The certificate is not a representation or warranty by the Borough
as to the condition of the premises that have been inspected or the
compliance of such premises with any premises regulation. The inspections
by the Borough and the issuance of a certificate are performed pursuant
to the police powers of the Borough and not for the benefit of any
particular person(s), including, without limitation, an owner or prospective
owner, occupant or prospective occupant.
A residential occupancy permit issued pursuant to Borough Ordinances
213 or 196 ("prior permit") that is in effect as of the date of enactment
of this article shall be treated as follows:
A.
If such prior permit expires at a stated date or after a specific
period, not more than one year from its issuance, such prior permit
shall be treated as if it were the certificate issued pursuant to
this article until such expiration.
B.
If such prior permit was not issued until a stated date or for a
stated period because it was for an "owner occupied dwelling" as defined
in Ordinance 213, then, if the residential unit for which the prior
permit was issued is a Type 1 owner-occupied residential unit (as
defined in this article), such prior permit shall be treated as if
it were the certificate issued pursuant to this article.
B.
This article shall be effective December 1, 2014, for all residential
units and related spaces.
C.
Ordinances 213 and 196 are repealed: as of November 1, 2014, with respect to residential units and related spaces described in § 332-9A; and as of December 1, 2014, with respect to residential units and related spaces described in § 332-9B. The repeal of Ordinances 213 and 196 shall not apply to violations occurring before the repeal.
