[HISTORY: Adopted by the Borough Council of the Borough of
Lansford as indicated in article histories. Amendments noted where
applicable.]
[Adopted 11-3-1993 by Ord. No. 93-4]
This article is enacted to provide for the uniform and equitable
distribution of the tax levies of the Borough of Lansford upon the
inhabitants thereof and to promote the health, safety, morals and
general welfare of the inhabitants of the Borough of Lansford.
As used in this article, the following terms shall have the
meanings indicated, unless a different meaning clearly appears from
the context:
A parcel of real estate, with or without improvements located
thereon, utilized by any person or persons for any commercial activity
or purpose.
One or more rooms used for living and sleeping purposes arranged
for occupancy by one family or by one or more persons.
A lessor, or person who acts as agent for the lessor, of
any parcel of real estate in the Borough of Lansford, or a lessor,
or person who acts as agent for the lessor, of any improvements on
real estate or any building located in the Borough of Lansford.
Any individual, partnership, association, firm or corporation.
A person who has the use, either by himself or with others,
of a dwelling unit or a business unit owned by a person other than
himself for a period exceeding 30 days.
Within 30 days from the effective date of this article, each
landlord shall submit to the Borough Secretary a report form supplied
by the Borough Secretary, which includes the following information:
A.
List of the dwelling units and business units owned by the landlord,
located within the Borough of Lansford limits, whether occupied or
not occupied;
B.
Address of each dwelling unit and business unit;
C.
Brief description of each dwelling unit or business unit;
D.
Whether or not said dwelling unit or business unit is inhabited or
utilized by tenants;
E.
Names of the tenant or tenants utilizing the aforementioned dwelling
units or business unit, if any.
F.
Certification that the dwelling unit or business unit is fit for
occupancy pursuant to the Lansford Borough Code.
After the effective date of this article, any person who becomes a landlord of any parcel of real estate or any improvement on real estate or building located in the Borough of Lansford by agreement of sale, by deed, or by any other means shall, within 30 days thereafter, report to the Borough Secretary the information and data set forth in § 338-3 above on forms to be provided by the Borough Secretary.
After the effective date of this article, each and every landlord
of property within the Borough of Lansford shall report to the Borough
Secretary on a report form to be supplied by the Borough Secretary,
any change in the use or occupancy of any dwelling unit or business
unit owned by such landlord. The reported change shall include the
name or names of new tenants of such dwelling unit or business unit,
the date when such change was effected, and the forwarding address
of the old tenant or tenants, if known. A landlord of a hotel, inn
or boardinghouse shall not be required to report a person as a "tenant"
until that person has resided in such landlord's establishment for
a period exceeding 30 days. In the event that a dwelling unit or business
unit was used or utilized by a tenant and then becomes vacant, this
change shall also be reported to the Borough Secretary. All reports
required by this section shall be made within 10 days after a landlord
has knowledge that such a unit has had a change in occupancy or has
become vacant.
The Borough Secretary, under the authority of this article,
shall:
A.
Maintain on file at the Borough of Lansford office, the names of
the landlords owning dwelling units and business units in the Borough
of Lansford, said list to include the names of the current tenants
of said dwelling units and business units;
C.
Notify the Chief of Police and the Fire Chief of the Borough of Lansford
of the address and description of any dwelling unit or business unit
that is vacant, unoccupied and not in use.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
Any person who shall violate any provisions of this article
shall, upon conviction in a summary proceeding under the Pennsylvania
Rules of Criminal Procedure, be guilty of a summary offense and shall
be punishable by a fine of 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 Borough correctional facility for a period not exceeding
10 days or to the county correctional facility for a period not exceeding
30 days. Each day that such violation exists shall constitute a separate
offense, and each section of this article that is violated shall also
constitute a separate offense. In addition to or in lieu of enforcement
under this section, the Borough may enforce this article in equity
in the Court of Common Pleas of Carbon County.
All ordinances or parts of ordinances which are inconsistent
herewith are hereby repealed.
If any sentence, clause, section, or part of this article is
for any reason found to be unconstitutional, illegal or invalid, such
unconstitutionality, illegality, or invalidity shall not affect or
impair any of the remaining provisions, sentences, clauses, sections,
or parts of this article. It is hereby declared as the intent of the
Borough of Lansford that this article would have been adopted as such
unconstitutional, illegal or invalid sentence, clause, section or
part thereof not been included herein.
This article shall become effective upon adoption.
[Adopted 4-1-2007 by Ord.
No. 2007-13]
A.
Purposes. This article is intended to serve the following purposes:
(1)
To assist the Borough of Lansford in protecting and promoting the
public health, safety and welfare of its citizens;
(2)
To establish rights and obligations of owners and occupants relating
to the rental of certain residential units in the Borough of Lansford
and to seek that owners and occupants properly maintain rental housing
within the Borough;
(3)
To ensure that owners, managers and occupants share responsibilities
to comply with codes, to prevent overcrowding, and to avoid nuisances
for neighboring residents; and
(4)
To provide for a system of inspections; issuance and renewal of licenses;
and to establish penalties for violations.
B.
Findings. In considering the adoption of this article, the Borough
of Lansford makes the following findings:
(1)
This article is enacted under the authority of the Borough Code of
Pennsylvania.
(2)
There is a greater incidence and greater severity of violations of
various codes of the Borough at rental residential properties than
at owner-occupied residential properties.
(3)
There is a greater incidence of problems with the maintenance and
upkeep of rental residential properties than at owner-occupied residential
properties.
(4)
There is a greater incidence of problems with maintenance and upkeep
of rental residential properties where owners do not reside within
the Borough or nearby.
(5)
There is a greater incidence of disturbances which adversely affect
the peace and quiet of the neighborhood at rental residential properties
than at owner-occupied residential properties.
(6)
A systematic inspection process can avoid life-threatening problems,
such as a lack of functioning smoke detectors, faulty mechanical equipment
and inadequate or unsafe electrical equipment.
As used in this article, the following terms shall have the following meanings. If a term is not defined in this section, but is defined in the Borough Property Maintenance Code or the Uniform Construction Code, then that definition shall apply to this section. If a term is not defined in any of those codes, but is defined in the Borough Planning Code or Chapter 465, Zoning, then the definition in such Code or chapter shall apply to this section.
The Borough of Lansford, Carbon County, Pennsylvania.
Days in which the offices of the Borough of Lansford are
open for public business.
Any code or ordinance adopted, enacted, and/or in effect
in and for the Borough of Lansford concerning fitness for habitation
or the construction, maintenance, operation, occupancy, vermin or
rodent control, or any public health matters, use or appearance of
any premises, dwelling or dwelling unit. This shall include, but not
be limited to the Borough Property Maintenance Code, applicable PA
Uniform Construction Codes, solid waste ordinances, public health
ordinances and noise ordinances.
The duly appointed code enforcement officer(s) having the
duty to enforce this article, the Borough Property Maintenance Code
and/or similar codes of the Borough of Lansford, and any assistants,
deputies or police officers duly appointed.
In multiunit buildings, space which is not part of an individual
regulated rental unit and which is shared among occupants of the dwellings.
Common areas shall be considered as part of the premises for purposes
of this article.
A form of conduct, action, incident or behavior perpetrated,
caused or permitted by an occupant or guest of a regulated rental
unit that:
Is in violation of ordinances of the Borough of Lansford and
that is so loud, untimely as to time of day, offensive, and/or nuisance-causing
that it unreasonably interferes with the peaceful enjoyment by other
persons of their premises or causes damage to property that is owned
by others;
Involves music or noise that is disruptive to persons occupying
a different dwelling unit;
Involves music or noise that is audible from a street, sidewalk
or dwelling from a minimum distance of 50 feet away from the premises
where the sound is originating;
Is the subject of a criminal citation for disorderly conduct;
or
In order for such disruptive conduct to constitute an offense
under this article, a written report must be issued by a sworn police
officer or a Borough Code Enforcement Officer and notice must be sent
to an occupant and the owner or manager.
A written report of "disruptive conduct" that is completed
by a police officer or code enforcement officer who investigated the
matter.
A building including one or more dwelling units.
A residential living area for one 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.
A person on the premises of a regulated rental unit with
the actual or implied consent of an occupant.
This term shall have the same meaning as "owner."
An adult individual designated by the owner of a regulated
rental unit under 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.
A building containing two or more independent dwelling units
completely separated from each other by vertical party walls, including
but not limited to double houses, row houses, townhouses, condominiums,
apartment houses, conversion apartments and converted single-family
dwellings.
An individual who resides in a regulated rental unit.
One or more person(s), jointly or severally, in whom is vested
all or part of the legal title to the premises, or all or part of
the beneficial ownership and a right to present use and enjoyment
of the premises, including but not limited to a mortgage holder who
is in possession of a regulated rental unit.
A dwelling unit in which at least one owner of record of
the property resides as his/her primary dwelling.
A natural person, partnership, corporation, unincorporated
association, limited partnership, trust, or any other entity.
Sworn law enforcement officers of the Police Department of
the Borough of Lansford, the Pennsylvania State Police, or any officers
of surrounding police departments under a Mutual Aid agreement with
the Borough of Lansford.
Any parcel of real property in the Borough of Lansford, including
the land and all buildings and structures, on which one or more regulated
rental unit is located, unless it is within a dormitory that is owned
by a college.
A dwelling unit or rooming house unit that is occupied for
residential purposes and that is not:
A written agreement or other legally enforceable agreement
between owner and tenant which is required to be supplemented by the
addendum provided in this article embodying the terms and conditions
concerning the use and occupancy of a specified regulated rental unit.[3]
The license issued to the owner of regulated rental units
under this article and which is required in order to lawfully rent
and occupy regulated rental units.
A living unit that does not meet the definition of a dwelling
unit and that is not within a Borough-permitted hotel or bed-and-breakfast
inn.
An occupant of a regulated rental unit with whom a legal
relationship with the owner is established by a lease or other enforceable
agreement under the laws of the Commonwealth of Pennsylvania.
Two or more persons who reside in a dwelling unit and who are
not related to each other through blood, adoption, marriage or formal
foster relationship.
A person who is only related as a cousin shall be considered
unrelated for the purpose of this article. The term "related" shall
be restricted to the following relationships: spouse, parent, child,
sister, brother, grandchild, great-grandchild, grandparents, great
grandparents, aunt, uncle, or an equivalent of these same relationships
in a "step-" or "in-law" situation.
A.
General.
(1)
It shall be the duty of every owner to keep and maintain all regulated
rental units in compliance with all applicable Borough codes and ordinances
and to keep such property in good and safe condition.
(2)
As provided for in this article, every owner shall be responsible
for regulating the proper and lawful use and maintenance of every
dwelling which he/she or it owns. Every owner shall be responsible
to act to minimize disruptive conduct, through the rental contract
and through its enforcement of leases on the premises by the occupants
of regulated rental units.
(3)
A residential rental license is required by § 338-15 for each regulated rental unit. If a valid license has not been issued within the time frame established by this article, or the license has been suspended or revoked, then the rental unit shall not be rented for residential use. If a regulated rental unit is rented for residential use without a valid residential rental license, such action shall be a violation of this article.
(4)
This article shall not be construed as diminishing or relieving,
in any way, the responsibility of occupants or their guests for their
conduct or activity under any private cause of action, civil or criminal
enforcement proceeding, or criminal law; nor shall this be construed
so as to require an owner to indemnify or defend occupant or their
guests when any such action or proceeding is brought against the occupant
based upon the occupant's conduct or activity. Nothing herein is intended
to impose any additional civil/criminal liability upon owners other
than that which is imposed by existing law.
(5)
This article is not intended, nor shall its effect be, to limit any
other enforcement remedies which may be available to the Borough against
an owner, occupant, or guest thereof.
B.
Designation of manager.
(1)
If the owner is not a full-time resident of the Borough of Lansford
or does not reside within a twenty-mile radius of the Borough of Lansford,
then the owner shall designate a person to serve as manager who does
reside or work on a daily basis within a twenty-mile radius of the
Borough of Lansford. If the owner is a corporation, a separate manager
shall be appointed unless an officer of the corporation is appointed
as the manager and such officer lives within a twenty-mile radius
of the Borough of Lansford. If the owner is a partnership, a manager
shall be required if a partner does not reside within a twenty-mile
radius of the Borough of Lansford. Said partner shall perform the
same function as manager. The manager shall be the 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 section
and under rental agreements with occupants.
(2)
The legal name, mailing address, daytime physical address (not a
post office box), and daytime and evening telephone number(s) of a
person who is designated as the manager shall be provided in writing
by the owner to the Borough of Lansford, and such information shall
be kept current and updated within five business days after it has
changed.
(3)
The manager shall be authorized to accept service of process on behalf
of the owner.
(4)
In addition, an owner may designate an agent to serve all of the
same purposes of the owner. If an Agent is designated, then the Borough
is not required to provide separate notice to the owner.
C.
Disclosure. The owner or manager shall disclose to the occupant in
writing, on or before the commencement of the tenancy or occupancy,
the name, address and telephone number of the manager, or the name,
address and telephone number of the owner of the premises if a manager
is not required to be designated.
D.
Maintenance of premises.
(1)
The owner shall maintain the premises in compliance with the applicable
ordinances and codes of the Borough and shall regularly perform all
routine maintenance, including lawn mowing and ice and snow removal,
and shall promptly make any and all repairs necessary to fulfill this
obligation.
(2)
However, the owner and occupant may agree that the occupant is to
perform specified repairs, maintenance tasks, alterations, or remodeling
if such responsibilities are established in writing. Such an agreement
may be entered into between the owner and occupant only if entered
into in good faith and not for the purpose of evading the obligations
of the owner or occupant.
(3)
The existence of an agreement between owner and occupant shall not
relieve an owner of any responsibility under this article or other
Borough Codes for proper repair and maintenance of a building or premises.
E.
Rental agreement and addendum.
(1)
All rental agreements for regulated rental units shall be in writing
or otherwise legally enforceable.
(2)
The owner and occupant shall not include text in a rental agreement
that is contrary to the provisions of this article.
(3)
Addendum to rental agreement. An addendum to each rental agreement
for regulated rental units shall be provided by the owner to the occupant
before a rental agreement is presented for signing by an occupant.
Any alternative version of this addendum must be pre-approved by the
Codes Enforcement Officer. The owner shall secure a written acknowledgment
from occupant(s) that the occupant(s) have received the addendum.
Upon oral or written request by the Borough of Lansford, the owner
within 10 days of the request shall furnish to the Borough copies
of the acknowledgment that the occupants received the addendum.
F.
Complaints. The owner or manager shall respond to and correct problems
within 30 days after receiving a valid complaint from an occupant.
H.
Common areas. The owner shall be directly responsible to minimize
disruptive conduct and behavior by occupants and guests in any common
area on the premises. The owner shall maintain acceptable physical
conditions in such common areas, and the owner shall be required to
ensure that common areas and the outside premises are in compliance
with Borough codes and ordinances.
I.
Evictions. In the event that an occupant(s) of a regulated rental
unit is involved in a third disruptive conduct violation within any
three-year period during which a residential rental license was required
or the occupant(s) is/are in violation of any federal, state or local
law, the Code Enforcement Officer shall issue a written statement
to the owner or his manager to order him/her to evict the occupants
of the regulated rental unit. If the disruptive conduct was caused
by only one occupant, then the Code Enforcement Officer shall limit
the eviction order to that person. Occupants shall be responsible
to prevent their guests from engaging in disruptive conduct on the
premises. Once an eviction is ordered, those occupant(s) shall not
be permitted to occupy any area on the same lot for a minimum period
of two years. In addition, once an eviction is ordered, those occupant(s)
shall not be permitted to occupy any dwelling unit or boarding/rooming
house unit that is owned by the same person or entity within the Borough
of Lansford for a minimum period of two years. The owner shall begin
eviction proceedings within 15 days after receiving such statement
and shall continue such proceedings to completion, without interruption,
unless the occupants vacate the premises.
(1)
Failure of an owner to carry out an order to evict occupants shall
result in suspension of the residential rental license and shall be
a violation of this article until such time as the owner commences
the eviction process. A second or subsequent failure to carry out
an order to evict shall result in a revocation of the residential
rental license. Suspension or revocation of the residential rental
license may be appealed by the owner to the Property Maintenance Board
of Appeals or, in the absence thereof, to Borough Council for a review
of the decision to suspend or revoke the license within 10 days of
the issuance of the order to evict.
(2)
This article shall not limit the ability of an owner to evict tenants
in compliance with state law for reasons other than violations of
this article.
(3)
A requirement to evict occupants shall not apply if a successful
appeal is made to the Borough Council, or if the Magisterial District
Judge rules in favor of the occupant(s) during the eviction proceedings,
or where a court appeal or other legal action has been filed that
would lawfully prevent eviction.
(4)
The Code Enforcement Officer shall maintain a list of occupants who
were ordered to be evicted and the affected addresses. Such list shall
be maintained for a minimum period of three years and shall be available
for public review in accordance with applicable laws.
J.
Borough can make repairs.
(1)
In case the owner of premises shall neglect, fail or refuse to comply
with any notice from the Borough or its Code Enforcement Officer to
correct a violation regarding maintenance and repair of the premises
under any code or ordinance within the period of time stated in such
notice and the order is not appealed to the Borough Council within
10 days of the issuance, the Borough may cause the violation to be
corrected. There shall be imposed upon the owner a charge of the actual
costs involved, plus 25% of said costs or $50 whichever is greater
for each time the Borough shall cause a violation to be corrected.
The owner of the premises shall be billed after such work 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 interest and provide for a municipal lien to be placed 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, attorney's fees and court costs.
(2)
The owner or manager shall allow and schedule inspections by a Code Enforcement Officer of the premises during Borough Business hours, after a minimum of seven calendar days' notice has been provided to the owner or manager. The owner or manager shall provide a minimum of three calendar days' advance notice to at least one adult occupant of each rental unit of the time and date of the inspection. These advance notice requirements shall not apply when the Code Enforcement Officer has reason to believe that an imminent threat to public health and safety may exist (see also § 338-15).
A.
General.
(1)
The occupant shall comply with all obligations imposed upon occupants
by this article, all applicable codes and ordinances of the Borough
and all applicable provisions of state law.
B.
Health regulations. Occupants shall collect and dispose of all rubbish,
garbage and other waste in a clean and sanitary manner, and occupants
shall comply with Borough solid waste, sanitation and recycling regulations.
Occupants shall keep that part of the premises, which occupant occupies
or controls, in a clean and sanitary manner.
C.
Illegal activities. Occupants shall not engage in, nor tolerate nor
permit guests on the premises to engage in, any conduct declared illegal
under any federal statute, and/or under the Pennsylvania Crimes Code
(18 Pa.C.S.A. § 101 et seq.) or Liquor Code (47 P.S. § 1-101
et seq.), or the illegal sale or distribution of controlled substances
under the Controlled Substance, Drug, Device and Cosmetic Act (35
P.S. § 780-101 et seq.), or their successor laws.
D.
Disruptive conduct. (See definition in § 338-12.)
(1)
Occupants shall not engage in, nor tolerate nor permit guests on
the premises to engage in, disruptive conduct or other violations
of the article.
(2)
When police investigate an allegation of disruptive conduct, the
police officer shall complete a disruptive conduct report upon a finding
that the reported incident did, in his or her judgment, constitute
"disruptive conduct" as defined herein. The information provided in
this report shall include, if possible, the identity or identities
of the alleged perpetrator(s) of the disruptive conduct and the factual
basis for the disruptive conduct.
(3)
When a police officer issues a disruptive conduct report concerning
a regulated rental unit, a copy shall be provided by the police to
the Code Enforcement Officer, who shall maintain records of such reports.
The Code Enforcement Officer shall mail a copy of the disruptive conduct
report to an occupant and the owner or manager after his/her receipt
of the report.
(4)
A criminal or civil citation is not required in order for a disruptive
conduct report to be issued.
(5)
If a citation is issued and successfully prosecuted or a guilty plea
entered in a District Court, such citation may automatically be considered
a disruptive conduct report. However, if an appeal of a citation is
filed from a decision of a District Court, the matter shall not be
deemed to constitute disruptive conduct unless a finding of guilty
is affirmed by a final decision on appeal.
(6)
Nothing contained herein shall penalize a resident, tenant or landlord,
nor shall it be considered a violation under this section for a contact
made for police or emergency assistance by or on behalf of a victim
of abuse as defined in 23 Pa.C.S.A. § 6102 (relating to
definitions), a victim of a crime pursuant to Title 18 Pa.C.S.A. (relating
to crimes and offenses), or an individual in emergency pursuant to
35 Pa.C.S.A. § 8103 (relating to definitions), if the contact
was made based upon the reasonable belief of the person making the
contact that the intervention or emergency assistance was necessary
to prevent the perpetration or escalation of the abuse, crime, or
emergency or if the intervention or emergency assistance was actually
needed in response to the abuse, crime or emergency.
[Added 10-14-2015 by Ord.
No. 2015-07]
E.
Damage to premises. The occupants shall not intentionally cause,
nor permit nor tolerate others to cause, damage to the premises. Conduct
which results in damages in excess of $500 shall be considered as
presumptive evidence of disruptive conduct under this article.
A.
License requirement.
(1)
A residential rental license shall be required for all occupied regulated
rental units. Within 120 days after the effective date of this article,
the owner or his duly authorized agent shall be required to apply
for a license for each regulated rental unit. A license is required
to be in possession of the owner or manager within 180 days after
the effective date of this article for each regulated rental unit.
For a rooming house, a single license is allowed for all units within
a rooming house building. All forms and applications shall be provided
by the Borough and may be obtained from the Borough Municipal office.[1]
(a)
A residential rental license shall not be issued or renewed
until:
[1]
All overdue real estate taxes, water, sewage, sewer transmission
and garbage collection fees that are owed to the Borough of Lansford
or its authorities have been paid in full; and
[2]
The owner has provided information concerning a manager if applicable
and has provided a list of names of occupants age 18 or older.
[1]
Editor's Note: A sample "Residential Rental License Application" is included as an attachment to this chapter.
(2)
The following shall not be considered regulated rental units for
the purpose of this article:
(a)
Owner-occupied dwelling units, provided that not more than two
unrelated individuals, in addition to the owner and his/her relatives,
occupy the dwelling unit at any given time.
(b)
Hotels and motels used for transient visitors to the area but
without units that serve the same purposes as rooming house units.
(c)
Hospitals and state-licensed nursing homes and personal care
homes.
(d)
Bed-and-breakfast homes as defined in 7 Pa. Code § 46.3.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
(e)
One dwelling unit that is on the same lot as a second dwelling
unit, provided the two dwellings are only occupied by the owner and
persons who are related to the owner.
(f)
On-campus dormitories owned by an accredited college or university.
(3)
Housing authority. Dwelling units that are owned by the Housing Authority
within the Borough of Lansford shall be exempted from the requirements
of this article for a regularly scheduled Borough inspection and for
payment of a rental housing licensing fee if the Codes Enforcement
Administrator annually determines in writing that the Housing Authority's
inspection program is sufficient for serving the purposes of this
section. Dwellings owned by the Housing Authority shall be required
to comply with requirements of this article concerning evictions,
disruptive conduct reports and other provisions of this article, as
applicable, unless such provision is specifically preempted by federal
or state law.
(4)
The "Application for a Residential Rental License" shall be a form
provided by the Borough.[2]
[2]
Editor's Note: A sample "Residential Rental License Application" is included as an attachment to this chapter.
(5)
The owner or manager shall:
(a)
Maintain a current list of all occupants age 18 or older in
each regulated rental unit, which shall include their name, address
and telephone number;
(b)
Furnish such list to the Borough annually in writing before
April 1st of each year; and
(c)
Notify the Borough in writing of any changes in the number or
names of occupants age 18 or older within 30 days after a change.
B.
Licenses and fees.
(1)
Each residential rental license shall have an annual term and each regulated
rental unit shall be subject to a minimum of at least one inspection
every two years, based upon a schedule established by the Chief Code
Enforcement Officer. The Chief Code Enforcement Officer shall require
that regulated rental units be made available for inspection in a
designated year and then reinspect on a schedule of one inspection
every two years. The Borough is not obligated to complete all inspections
within this schedule. If the Borough, through no fault of the owner,
manager or tenant, was not able to complete an inspection of a regulated
rental unit in the designated year, the Borough may inspect the Unit
in one or more following years.
(2)
The following time extensions shall apply for the requirements to
have a rental unit inspection, unless there is evidence of a possible
code violation on the property. These time extensions shall only apply
if the property has not been the subject of any code enforcement actions
(other than items that were satisfactorily corrected within 30 days),
and has no outstanding taxes, fines or fees due to the Borough of
Lansford or a Borough Authority.
(a)
If an owner or manager provides evidence that a rental unit
has been occupied by the same occupants for the last two years, then
a Code Enforcement Officer may allow an inspection to be delayed to
once every four years.
(b)
If an owner or manager provides evidence that a regulated rental
unit was newly developed within the last six years and was inspected
by the Borough after construction, then an inspection is not required
under this article for the first four years after the effective date
of this article.
(c)
If an owner or manager provides evidence that a regulated rental
unit was substantially rehabilitated within the last six years, in
the determination of the Chief Code Enforcement Administrator, and
was inspected by the Borough after the rehabilitation, then an inspection
is not required under this article for the first two years after the
effective date of this article.
(d)
If a regulated rental unit was inspected by the Borough for
Code compliance within the previous four years, then an inspection
under this section may be delayed to result in a minimum of two years
until the next inspection.
(3)
Upon application for a license and prior to issuance or renewal thereof,
each applicant shall pay to the Borough an annual license and inspection
fee.
(a)
The annual fee for a residential rental unit shall be in an
amount as set from time to time by resolution of the Borough Council.
The fee for a calendar year shall be paid by April 1st of each year.
If the annual fee is not paid by April 1st, an additional fee in an
amount as set from time to time by resolution of the Borough Council
shall apply for each subsequent month. This fee is intended to cover
the Borough's actual costs for administering the program and for inspections
and related vehicle, office, administrative and overhead expenses.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
(b)
If a second inspection is needed for a dwelling unit or rooming
house unit because the unit was found to be in violation of Borough
codes during the initial inspection, then an additional fee in an
amount as set from time to time by resolution of the Borough Council
shall apply. For each subsequent inspection that is needed in any
two-year period, an additional fee in an amount as set from time to
time by resolution of the Borough Council shall apply.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
(c)
The fee to reinstate a revoked residential rental license shall
be in an amount as set from time to time by resolution of the Borough
Council.[3]
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
(d)
A residential rental unit shall not be issued or renewed if
the owner has not paid any fines and costs arising from enforcement
of this article or any Codes of the Borough of Lansford relating to
land use and/or code enforcement or if any licensing fees under this
article are past due to the Borough.
(e)
If a second or subsequent inspection is needed for a dwelling
unit or rooming house unit because the Code Enforcement Officer was
not able to enter the unit at the time that had been scheduled with
the owner or manager, then an additional fee in an amount as set from
time to time by resolution of the Borough Council shall apply.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
(4)
A license or inspection by itself shall not warrant that a rental
unit is lawful, safe, habitable or in compliance with all Borough
Codes.
C.
Inspection.
(1)
Each regulated rental unit shall be subject to inspection by the
Code Enforcement Officer or another duly authorized agent of the Borough
under the schedule outlined in this article.
(2)
Duly appointed Borough Code Enforcement Officers are the officials
authorized to enforce this article and to take appropriate measures
to abate violations hereof for and on behalf of the Borough of Lansford.
(3)
This article shall not be construed as to limit the Code Enforcement
Officer's authority to conduct inspections or enforcement actions
under other Borough Codes or to require that a property be made available
for inspection whenever there is probable cause that a violation of
the Borough's codes may be present.
(4)
To minimize disruption to occupants, owners and managers are encouraged
to ask to attempt to schedule inspections during times when a rental
unit is unoccupied between tenants.
D.
Warrant. Within the limitations of federal and state law, a Code
Enforcement Officer may apply to a District Court having jurisdiction
for an administrative search warrant to enter and inspect a regulated
rental unit and the premises. Such warrant is only required where
access to a regulated rental unit or common areas is denied to the
Code Enforcement Officer after a request.
A.
General. A Code Enforcement Officer may initiate the following enforcement
actions against an owner for violating any provision of this article
that imposes a duty upon the owner and/or for failing to regulate
the breach of duties by occupants as provided for herein.
B.
Responses to violations of this article and other Borough codes.
(1)
Notice of violations. A Code Enforcement Officer shall provide written
notification of violations of Borough codes and require that they
be corrected within a reasonable time period that the Code Enforcement
Officer establishes in the
enforcement notice.
(a)
A Code Enforcement Officer may determine that the rental unit
is unfit for human habitation, in which case it shall be vacated and
remain vacated until such situation is corrected to the satisfaction
of the Code Enforcement Officer.
(b)
For serious violations that do not require the property to be
immediately vacated, a Code Enforcement Officer may require that the
violations be corrected within no less than 24 hours, or any other
time period stated on the notice from the Code Enforcement Officer.
(2)
Nonrenewal. A Code Enforcement Officer shall delay or deny the renewal
of a residential rental license if there are outstanding violations
of Borough codes for that rental unit that have not been corrected
at the time of license renewal. If the violations are not a threat
to safety of occupants or other members of the public, a Code Enforcement
Officer may permit the current occupants to continue to reside in
the premises for a reasonable period of time established by a Code
Enforcement Officer in the notice of nonrenewal, with the time limit
removed when the violations of Borough codes are corrected. A Code
Enforcement Officer may issue a temporary license that is conditioned
upon certain actions being taken within a maximum time period.
(3)
Revocation. The immediate revocation of the license to rent a regulated
rental unit shall occur if a Code Enforcement Officer determines that
violations of Borough codes present a threat to the safety of occupants
or other members of the public. Such revocation shall occur until
violations of Borough codes are corrected and the property has been
reinspected. Upon revocation, the owner shall take immediate steps
to evict the occupants and/or to locate alternative housing for the
occupants.
(4)
Suspension. A Code Enforcement Officer may suspend the license to
rent a regulated rental unit until violations of Borough codes have
been corrected within a time limit established by a Code Enforcement
Officer. Such suspension shall continue until such time as a violation(s)
of Borough codes are corrected.
(a)
If the violations are not a threat to the safety of occupants
or other members of the public, a Code Enforcement Officer shall permit
the current occupants to continue to reside in the premises for a
reasonable period of time established by a Code Enforcement Officer
in the notice of suspension.
(b)
A Code Enforcement Officer may suspend the license to rent a
regulated rental unit if the owner or his/her designated manager are
not available or do not respond to contacts by a Code Enforcement
Officer, or if the name and contact information for the owner or manager
are no longer valid, or if the manager no longer represents the owner.
(5)
Reinstatement. A residential rental license shall be reinstated if
the owner of a regulated rental unit corrects the reason for the revocation
of the residential rental license and has paid the residential rental
license reinstatement fee.
C.
Criteria for applying sanctions. The Code Enforcement Officer, when deciding upon the sanctions provided in § 338-16B above, shall consider the following.
(1)
The effect of the violation on the health and safety of occupants
of the regulated rental unit, other residents of the premises, and
neighboring residents.
(2)
Whether the owner has prior violations of this Code and whether those
violations were satisfactorily corrected in a timely manner.
(3)
The effect of sanctions upon the occupants, particularly when the
occupants did not cause the violation.
(4)
The actions taken by the owner to remedy the violation(s) and to
prevent future violations, including any written plan submitted by
the owner and good faith efforts of the owner to bring the property
into compliance.
D.
In addition to enforcing sanctions set forth above, a Code Enforcement
Officer may establish reasonable conditions upon a residential rental
license that will fulfill the purposes of this article.
E.
Grounds for imposing sanctions. Any of the following may subject
an owner to sanctions as provided for in this section.
(1)
Failure to abate a violation of Borough codes and ordinances that
apply to the premises within the time directed by the Code Enforcement
Officer.
(2)
Refusal to permit the inspection of the premises by a Code Enforcement
Officer as required by this article.
(3)
Failure to take steps to remedy and prevent violations of this article
by occupants of regulated rental units as required by this article.
(4)
Failure to evict occupants after having been directed to do so by
a Code Enforcement Officer as provided for in this article.
F.
Procedure for nonrenewal, suspension or revocation of license. Following
a determination that grounds for nonrenewal, suspension or revocation
of a license exist, a Code Enforcement Officer shall notify the owner
or manager of the action to be taken and the reason therefor. Such
notification shall be in writing, addressed to the owner or manager
in question, and shall contain the following information.
(1)
The address of the premises in question and identification of the
affected regulated rental unit(s).
(2)
A description of the violation which has been found to exist.
(3)
A statement that the license for said regulated rental unit(s) shall
be suspended, revoked, or will not be renewed for the next license
period unless the violation is corrected within the time deadline
provided in the notice. In the case of a revocation, the notice shall
state the date upon which such revocation will commence.
(4)
A statement that, during the license nonrenewal or revocation, the
property shall not be rented for occupancy except for any temporary
conditional license extension that a Code Enforcement Officer may
issue.
(5)
Information regarding the appeal process.
G.
Appeals.
(1)
Any person affected by a decision, notice or order of a Code Enforcement
Officer under this article or any issuance of a disruptive conduct
report or any eviction order under this article shall have the right
to appeal to the Property Maintenance Board of Appeals or, in the
absence thereof, to the Lansford Borough Council. An application for
appeal may be made when it is claimed that the provisions of this
article have been improperly applied or administered or that factual
errors were made by the Code Enforcement Officer, or for such other
grounds under this article as the applicant may allege. A written
application for appeal is required to be filed within 20 days after
the day the decision, report, notice or order was received or served.
A fee of $200 shall be paid in advance by the person requesting the
hearing for each appeal to the Lansford Borough Secretary. If the
appeal is found in favor of the applicants, then such fee shall be
returned to the person or entity that paid it.
(2)
The Property Maintenance Board of Appeals or, in their absence, Borough
Council shall also hear all appeals of enforcement matters under the
Borough of Lansford Property Maintenance Code. The appeal provisions
in such Code are hereby included by reference.
(3)
The Property Maintenance Board of Appeals is hereby established and
shall consist of five members who are appointed by Borough Council.
The members shall serve staggered five-year terms, with at least one
term ending each year.
(a)
A minimum of three votes shall be needed for any action by the
Board, such as to delete a disruptive conduct report or to halt an
order for eviction. A 2 to 2 vote shall be considered to have been
no action, in which case the determination of the Codes Enforcement
Officer shall stand.
(b)
Two alternate members of the Property Maintenance Board of Appeals
may also be appointed by the Council, who may be named to serve when
regular members are unable to serve.
(c)
Decisions of the Property Maintenance Board of Appeals may be
appealed to the Court of Common Pleas, provided a notice is filed,
in writing, with the Borough Solicitor's office, within 30 days after
a party's receipt of the decision of the Property Maintenance Board
of Appeals.
(d)
The Property Maintenance Board of Appeals shall have the authority
to elect its own officers and to establish and revise rules and regulations
for its own procedures, actions and meetings.
(e)
Decisions of the Property Maintenance Board of Appeals shall
be provided in writing to the Chief Code Enforcement Officer and to
the last known address of the owner, the manager if applicable, and
the affected occupants within 10 days after the conclusion of a hearing
on a matter.
(f)
Any compensation for the members of the Property Maintenance
Board of Appeals shall require approval by Borough Council.
(g)
A stenographic record is not required for meetings of the Property
Maintenance Board of Appeals. Minutes shall be maintained and a tape
recording of meetings may occur.
(4)
Other Boards. The Borough of Lansford Board of Health shall continue to hear appeals concerning health regulations. The Borough of Lansford Zoning Hearing Board shall continue to hear appeals concerning Chapter 465, Zoning. The Borough of Lansford UCC Board of Appeals shall continue to hear appeals as provided in the PA Uniform Construction Code and in the Code of the Borough of Lansford applicable thereto.
H.
Notifications.
(1)
Notices of violations and license suspensions, revocations and nonrenewal
shall be sent to the owner, and manager if applicable, by certified
mail.
(a)
In the event that the notice by the postal authorities is marked
"unclaimed" or "refused," then the Code Enforcement Officer shall
attempt delivery by personal service on the owner or manager if applicable.
The Code Enforcement Officer shall also post the notice at a conspicuous
place on the premises.
(2)
The Borough shall not be responsible for failing to provide notice
where the owner has not provided an up-to-date name and address for
the owner or the manager for the rental unit.
(3)
For purposes of this section, any notice required hereunder to be
given to a manager shall be deemed as notice given to the owner.
(4)
There shall be a presumption that any notice required to be given
to the owner under this section shall have been received by such owner
if the notice was given to the owner in the manner provided by this
article.
(5)
A claimed lack of knowledge by the owner of any violation hereunder
cited shall not be a defense to rental license nonrenewal, suspension
or revocation or an eviction order as long as all required notices
involving such proceedings have been sent to the last known address
of the owner.
A.
Basis for violations. It shall be unlawful for any person, as either owner
or manager of a regulated rental unit, to operate without a valid,
current residential rental license issued by the Borough authorizing
such operation. It shall be unlawful for any person, either owner
or manager, to allow the number of occupants of a regulated unit to
exceed the maximum number allowed by Borough codes, or to violate
any other provision of this article. It shall be unlawful for any
owner, manager or occupant to violate this article.
B.
Penalties.
(1)
The penalties and remedies for a violation of Borough Construction
Codes or the Borough Property Maintenance Code shall be as established
in such other code.
(2)
Any person who violates a provision of this article shall, upon conviction
thereof in a District Court, be liable to pay the following penalties:
(a)
First violation on a lot or premises in a calendar year: a fine
of $300.
(b)
Second violation on a lot or premises in a calendar year: a
fine of $450.
(c)
Third and each subsequent violation on a lot or premises in
a calendar year: a fine of $600.
(d)
If an owner fails to obtain a residential rental license that
is required: a fine of $600 per unit shall apply.
(e)
For each week that a violation continues to exist after the
time limit established for correction of the violation by a Code Enforcement
Officer without same having been appealed, a separate offense shall
have been deemed to have occurred, for which owner may be fined separately.
(3)
In addition, an eviction of occupants of a regulated rental unit
may be required under provisions of this article, and the residential
rental license that grants the privilege to rent a regulated rental
unit may be revoked, suspended or withdrawn.
C.
Nonexclusive remedies. The penalty provisions of this article and
the license nonrenewal, suspension and revocation procedures provided
in this article shall not limit the ability of the Borough to enforce
other Borough ordinances and to utilize the penalties, remedies and
procedures under such Borough ordinances and state or federal law,
if applicable.
A.
Changes in ownership/occupancy.
(1)
Each owner of a regulated rental unit shall notify the Code Enforcement
Officer in writing within five business days after any change in ownership
of the premises or of the number of regulated rental units on the
premises, and to submit new contact information. Failure to so notify
the Code Enforcement Officer shall be considered a violation, of this
article.
(2)
The owner shall notify the Code Enforcement Officer in writing within
a maximum of five business days after the changing of a dwelling unit
from owner-occupied to being a regulated rental unit for purposes
of this article. Failure to so notify the Code Enforcement Officer
shall be considered a violation of this article.
B.
Owners separately responsible. If any regulated rental unit is owned
by more than one person, in any form of joint tenancy, as a partnership,
or otherwise, each person shall be jointly and severally responsible
for the duties imposed under the terms of this article, and shall
be separately subject to prosecution for the violation of this article.
C.
Severability. If any provision of this article or the application
thereof to any person or circumstances is held invalid by a court
of law, such holding shall not affect the other provisions or applications
of this article which can be given effect without the invalid provision
or application, and to this end, the provisions of this article are
declared severable.
D.
Repealer. All ordinances or parts of ordinances which clearly are
inconsistently with this article are hereby repealed to the extent
of such inconsistency.
E.
Enactment and effective date. This is hereby enacted as an ordinance
of the Borough of Lansford, Carbon County, Pennsylvania, and shall
become a newly ordained ordinance of the Codified Ordinances of the
Borough of Lansford, and shall take effect on April 1, 2007.
