[HISTORY: Adopted by the Borough Council
of the Borough of Jim Thorpe 3-11-2021 by Ord. No. 2021-02. Amendments noted
where applicable.]
This chapter shall be known and may be cited as the "Short-Term
Rental Ordinance of the Borough of Jim Thorpe."
The Borough Council of the Borough of Jim Thorpe, Carbon County,
Pennsylvania, is charged with the duty to protect and provide for
the health, safety and general welfare of the citizens of the Borough
of Jim Thorpe. The Borough finds and declares as follows:
A.
Short-term rentals of dwellings have become a significant segment
of the local tourism economy.
B.
Short-term rentals provide a community benefit by expanding the number
and type of lodging facilities available and assist owners of short-term
rentals by providing revenue which may be used for maintenance, upgrades
and deferred costs.
C.
While most of these units operate without a problem, there have been
numerous complaints to the Borough regarding excessive noise, parking,
litter, and concerns regarding septic capabilities, security, public
safety, and trespass.
D.
The transitory nature of occupants of short-term rentals makes enforcement
against the occupants difficult.
E.
The provisions of this chapter are necessary to prevent the continued
burden on Borough and community services and impacts on residential
neighborhoods posed by short-term rentals.
F.
Compliance with the provisions of this chapter will maintain the
rural and residential character of the Borough that attracts residents,
homeowners and visitors.
A.
Applicability. This chapter shall apply to all short-term rentals as defined in § 351-5, and all provisions of this chapter shall apply in addition to all other applicable requirements of Borough ordinances.
B.
Responsibility. The owner of the short-term rental is responsible
for compliance with the provisions of this chapter, and the failure
of an agent, managing agency, or local contact person to comply with
this chapter, including the monitoring and control of the number of
occupants and visitors, shall be deemed noncompliance by the owner.
In the interest of protecting and promoting the public health,
safety and welfare, and minimizing the burden on Borough and community
services and impacts on residential neighborhoods posed by short-term
rentals, the violation of any of the provisions of this chapter is
declared to be a public nuisance.
The words and phrases used in this chapter shall have the following
meanings:
A room containing a minimum of 80 square feet for one person
and 120 square feet for two people that is used as a sleeping room
and for no other primary purpose.
A building designed or used as the living quarters for one
or more families.
One or more rooms, occupied or intended for occupancy, as
separate living quarters by a single family maintaining a household,
the members of which have unrestricted access to all other parts thereof,
with cooking, sleeping, and sanitary facilities provided therein,
for the exclusive use of that single family.
A local property manager, owner, or agent of the owner, who
is available to respond to tenant and neighborhood questions or concerns,
or any agent of the owner authorized by the owner to take remedial
action and respond to any violation of this chapter.
The person or entity that holds legal or equitable title
to the private property.
The consideration received by a vendor in money, credits,
property, or other consideration valued in money for lodging.
Any dwelling unit within a residential dwelling or mixed
use structure rented for overnight lodging for a period of not less
than one day and not more than 30 days. A short-term rental shall
include a tourist home, vacation rental by owner and other definitions
as set forth as a short-term rental unit under the Zoning Ordinance
of the Borough. A short-term rental shall not include a bed-and-breakfast
and/or a hotel as defined by the Borough Zoning Ordinance.
No owner of any property in the Borough shall operate a short-term
rental in the Borough without first obtaining a short-term rental
permit from the Zoning Officer or appointed enforcement officer. Operation
of a short-term rental without such short-term rental permit is a
violation of this chapter.
The owner shall be responsible for obtaining all permits and
permit renewals.
A.
Permit required. A short-term rental permit shall be required when
any dwelling unit in a single-family dwelling or a two-family/multifamily
dwelling or mixed use structure is advertised for rent or is rented
for a period of 30 consecutive calendar days or less.
B.
Permit renewal. A permit shall be renewed annually and at any time
when any of the conditions of the rental which are governed by this
chapter are changed. Permits shall be issued based upon a fiscal year
starting April 1 and ending March 31.
C.
Separate permits. A separate permit is required for each short-term
rental unit; for two-family or multifamily dwellings, and multiple
units in a mixed use structure, a separate permit shall be required
for each dwelling unit being rented pursuant to the definition of
"short-term rental."
D.
Issuance to owner. The permit shall be issued only to the owner of
the short-term rental.
E.
Forms and procedures. The enforcement officer is authorized to prescribe
forms and procedures for the processing of permits under this chapter.
F.
Inspection authorization. The owner, by making application for a permit and/or accepting issuance of a permit, grants permission for all inspections authorized by § 351-13.
G.
Permit not transferable.
(1)
The permit issued to an owner pursuant to this chapter is personal
to the owner identified in the application and does not run with the
property. If the ownership of the property changes, either directly
by sale or deed transfer, or indirectly by death, change in ownership
of the entity owning the property, Sheriff sale or court order, the
new owner must apply for a permit under the provisions of this chapter
prior to renting the property, but shall be entitled to obtain a permit
provided such new owner complies with the terms of this chapter.
(2)
If an owner has been convicted of a violation of this chapter (hereinafter
the "violating owner"), or if a violating owner's permit has
been revoked by the Borough, then a transfer of the property by the
violating owner to one or more of such owner's family members,
or to an entity owned by the violating owner, then the new owner shall
be subject to the violations and penalties and/or revocation imposed
upon the violating owner.
Each owner of a short-term rental shall designate a local person,
property manager or agent as a local contact person who has access
and authority to assume management of the unit and take remedial measures.
An owner of a short-term rental who resides within 30 miles of the
short-term rental may designate himself as the local contact person.
The local contact person shall respond to the enforcement officer
within one hour after being notified by the enforcement officer or
other Borough official of the existence of a violation of this chapter
or any disturbance requiring immediate remedy or abatement. If the
local contact person is not the owner, the local contact person shall
immediately advise the owner of any notification of a violation.
A.
Application required; information. An application for a permit shall
be filed with the designated Borough official before use of the property
as a short-term rental. The application shall contain the following
information:
(1)
The name, address, telephone number and email address of the owner
of the short-term rental for which the permit is issued. If the owner
does not have a managing agency, agent or local contact person, then
owner shall provide a twenty-four-hour telephone number.
(2)
The name, address, and twenty-four-hour telephone number of the short-term
rental owner's managing agency, agent or local contact person.
(3)
A photograph of the short-term rental taken from the access road
side.
(4)
The marketing entity identification number for the short-term rental.
(5)
Acknowledgment that all designated bedrooms contain a minimum of
80 square feet for one person and 120 for two people.
(6)
The number of bedrooms (each containing the required minimum square
feet) and the maximum number of overnight occupants.
(7)
If the building is a two-family/multifamily dwelling structure or
multi-use structure, the number of dwelling units and the number of
dwelling units being used as a vacation rental.
(8)
A diagram or photograph of the premises showing and indicating the
number and location of designated on-site parking spaces and the maximum
number of vehicles allowed for overnight occupants.
(9)
The location, approximate age and capacity (if known) of the sewage
disposal system.
(10)
Acknowledgement that the owner, agent, and/or local contact
person have read all regulations pertaining to the operation of the
short-term rental.
(11)
Acknowledgment that the owner, agent, or local contact person will post and maintain the short-term rental with the notice required in § 351-11A(14).
(12)
Acknowledgement that the owner, agent, or local contact person
will post and maintain:
(13)
A copy of a current Carbon County hotel room excise tax certificate,
if applicable, and current Pennsylvania sales tax license, or other
proof or certification of the appropriate taxes collected.
(14)
Other information the enforcement officer deems reasonably necessary
to administer this chapter.
(15)
Each owner shall maintain at least $300,000 in general liability
insurance on the short-term rentals for the full duration of their
license term and provide proof of the same to the Borough.
(16)
The owner shall provide proof of ownership of the structure
by deed, tax bills, or other acceptable proof.
B.
Inspection fee. If the information supplied by the property owner
on the application for short-term rental permit is not consistent
with Borough records, an inspection can be required prior to or after
the issuance of the short-term rental permit. An inspection fee established
by resolution of the Borough Council shall be charged for any inspection.
A.
Application fee. An application for a short-term rental permit shall
be accompanied by an initial fee established by resolution of the
Borough Council.
B.
Renewal fee. An annual renewal fee shall be established by resolution
of the Borough Council which permit holders shall pay when renewing
their permit issued pursuant to this chapter. Failure to pay the renewal
fee by May 15 will result in the assessment of a fee twice the amount
of the normal renewal fee. If the fee is not paid by August 1, the
permit shall be null and void and application for a new permit, not
a renewal, shall be required.
A.
Standards. All permits issued pursuant to this chapter are subject
to the following standards:
(1)
The owner shall, by written agreement, limit overnight occupancy
of the short-term rental to the specific number of occupants designated
in the permit, with the number of overnight occupants not to exceed
two persons per bedroom plus four additional persons per residence.
(2)
The maximum number of day guests allowed at any one time shall be
50% of the maximum occupancy of the short-term rental.
(3)
The number of bedrooms permitted for a short-term rental shall not
exceed the number of bedrooms approved for the dwelling on the sewage
permit issued for such property.
(4)
Where there is no sewage permit on record (for any on-lot system),
the short-term rental for such a dwelling shall be limited to the
number of bedrooms that have been historically maintained in the dwelling
based on documentation provided by the owner and which is acceptable
to the Borough.
(5)
In no instance shall the existing number of bedrooms be increased
without proper Borough and DEP (if applicable) approval being obtained.
(6)
If a sewage system malfunction occurs, rental of the unit shall be
discontinued until the malfunction is corrected in accordance with
Borough and PA Department of Environmental Protection requirements.
(7)
The owner shall, by written agreement, limit the number of vehicles
of overnight occupants and day guests to the number designated in
the permit with the number of all vehicles not to exceed the number
of designated parking spaces.
(8)
The owner shall use best efforts to assure that the occupants or
guests of the short-term rental do not create unreasonable noise or
disturbances, engage in disorderly conduct, or violate provisions
of this chapter or any state law pertaining to noise or disorderly
conduct by notifying the occupants of the rules regarding short-term
rentals and responding when notified that occupants are violating
laws regarding their occupancy. It is not intended that the owner,
local agent, or contact person act as an enforcement officer or place
himself or herself in harm's way.
(9)
The owner shall, upon notification that occupants or guests of the
short-term rental have created unreasonable noise or disturbances,
engaged in disorderly conduct or violated provisions of this chapter
or state law pertaining to noise, or disorderly conduct, promptly
use best efforts to prevent a recurrence of such conduct by those
occupants or guests.
(10)
Any lights used for exterior illumination shall direct light
away from adjoining properties. Lighting shall be pointed/shielded
downward to minimize upward glare.
(11)
Occupancy of recreational vehicles, camper trailers and tents
shall not be allowed. Children under the age of 13 are allowed to
"camp out" in a tent on the premises.
(12)
The use of open fires, fire pits, charcoal-burning grills or
other devices (as applicable) shall be the responsibility of the owner
or local contact and shall comply with the Jim Thorpe Borough Burning
Ordinance. All open fires shall be extinguished by 11:00 p.m.
(13)
The owner of the short-term rental shall post a copy of the permit and a copy of the conditions set forth in this § 351-11 in a conspicuous place within the short-term rental.
(14)
Each short-term rental shall have a clearly visible and legible
notice posted within the unit on or adjacent to the front door, containing
the following information:
(a)
The name of the managing agency, agent, property manager, local
contact, owner of the unit, and a telephone number at which that party
may be reached on a twenty-four-hour basis.
(b)
The maximum number of occupants permitted to stay in the unit
and the maximum number of day guests permitted at any one time.
(c)
The maximum number of all vehicles allowed to be parked on the property and the requirement that all renter parking must be on the property [as per Subsection A(7)(b) above] and not in any private, community or public right-of-way.
(d)
The number and location of on-site parking spaces and the parking
rules for seasonal snow removal and emergency vehicle access (if any).
(e)
Trash containers shall be placed within 10 feet of the public
street, thoroughfare, accesway or alleyway, where the hauler's
vehicle will park to pick up the solid waste. Containers shall not
be placed for collection more than 24 hours' prior to the time
scheduled for collection.
(f)
Notification that an occupant may be cited and fined for creating
a disturbance or for violating other provisions of this chapter; and
(g)
Notification that failure to conform to the parking and occupancy
requirements of the structure is a violation of this chapter subject
to a citation and fines.
|
The occupants of a short-term rental shall make the notice required
by this subsection available for inspection by the enforcement officer
upon request.
|
(15)
All short-term rentals shall comply with the following standard.
It is unlawful for any person to disturb the peace of any neighborhood,
person or family by loud or unusual noises or by tumultuous and offensive
conduct, public indecency, threatening, quarreling, challenging to
fight or fighting and violations of the Jim Thorpe Borough Noise Ordinance.
A.
Appointment. The Borough Council may appoint one or more code enforcement
officers, who may be an individual, firm or agency of the Borough
of Jim Thorpe, a Pennsylvania State Constable, contracted security
firm or its Police Department, to conduct inspections, make reports
and administer other parts of this chapter as determined by the Borough
Council.
B.
Duties. The administrative, inspection and enforcement responsibilities established by this chapter may be delegated to different enforcement officers appointed in accordance with Subsection A.
C.
Consultation. The enforcement officer, with the authorization of
the Borough Council, may engage the services of competent engineers
or other consultants to determine the nature and extent of any violation.
A.
All short-term rentals shall be subject to inspection by the enforcement
officer to verify application information, permit, permit renewal
and/or operating requirements.
B.
The issuance of a short-term rental permit is not a warranty that
the premises is lawful, safe, habitable, or in compliance with this
chapter.
C.
If there is reason to believe that any provision of this chapter
is being violated, the Borough Council may enter, or may cause, through
the code enforcement officer or an authorized representative of the
Borough, entry into the premises for purposes of inspection of any
and all premises, properties, buildings and/or structures located
within the Borough for ascertaining the existence of violations. In
those matters where the nature of an alleged violation is such that
an inspection of the interior of a building or structure is necessitated,
prior arrangements must be made with the owner or his agent to secure
access thereof.
The marketing of a short-term rental which exceeds the maximum occupancy requirements permitted by this chapter or which promotes any other activity which is prohibited by this chapter shall be a violation of this chapter subject to the penalties and costs of § 351-17. The owner or local contact person shall provide to the enforcement officer a copy of all advertisements relating to the short-term rental.
A.
Violation in progress. Upon receipt of a verbal complaint of a violation
in progress and if the complainant's name and address is provided,
the enforcement officer shall immediately notify the owner and/or
the local contact person of the complaint. If the enforcement officer
believes a crime to be in progress, he/she shall immediately notify
the appropriate Police Department. The enforcement officer shall have
no obligation to respond to any violation in progress at the property
in question, unless the Borough has appointed a police officer or
Police Department to act as the enforcement officer for this chapter.
If the enforcement officer is a police officer, or if a police officer
is called to the property to address possible criminal activity, then
the Borough may proceed with an action on a violation if the police
officer in question confirms that a violation of this chapter has
occurred or provides information to the enforcement officer establishing
that a violation has occurred.
B.
Violation preceding complaint. Upon receipt of a complaint of a violation
which occurred prior to the date of the complaint, the enforcement
officer shall not be obligated to proceed with any action to determine
if a violation of this chapter exists unless such complaint is made
in writing and it includes the name and address of the person registering
the complaint.
C.
Confidentiality. The enforcement officer shall maintain the confidentiality
of the name and address of the person registering the complaint unless
otherwise required by law to release such information.
A.
Service of notice. Whenever the enforcement officer determines that
a violation of this chapter exists, the enforcement officer shall
prepare a written notice of violation, to be served on the owner and/or
occupant(s) of the premises on which the nuisance is located or originates.
The written notice of violation shall be served on the owner and local
contact person within five days of the determination of the violation
by one or more of the following methods:
B.
Content of notice.
(1)
The notice shall enumerate the conditions which constitute the violation
and what action is required to abate the violation.
(2)
The notice shall include a time frame for the abatement of the nuisance,
with such time frame established by the enforcement officer based
upon the nature of the violation and providing a reasonable period
for the violator to take the required action but not more than 10
days. In the case of an advertising violation, the time period shall
not exceed five days. In the case of a public disturbance or in the
other cases as determined by the enforcement officer, immediate action
shall be required.
A.
Compliance. Failure to comply with any provision of this chapter,
and/or failure to comply with an order to abate an activity, use and/or
condition, shall be a violation of this chapter and subject to criminal
prosecution and the revocation of the permit.
B.
Fine. Any person who has violated or permitted the violation of any
provisions of this chapter shall upon judgment thereof by any Magisterial
District Judge be sentenced to pay a fine of not more than $1,000
per day of violation, together with the costs of suit, including,
but not limited to, reasonable attorney fees, constable fees and staff
time. Each day of violation shall constitute a separate offense, for
which a summary conviction may be sought. All judgments, administrative,
enforcement, security firm or police response, and other costs, interest
and reasonable attorney fees collected for the violation of this chapter
shall be paid over to the Borough.
C.
Other remedies. The Court of Common Pleas, upon petition, may grant
an order of stay, upon cause shown, tolling the per diem fine pending
a final adjudication of the violation and judgment. The Borough shall
also have the right to seek injunctive relief for violations of this
chapter.
D.
Permit revocation. If an owner commits a violation which results in a conviction or guilty plea ("conviction"), then the permit shall be revoked by the Borough and the short-term rental must be discontinued while the permit is revoked. The revocation for a first violation shall be three months. The revocation for a second violation within three years of the first conviction shall be cause for a one-year revocation of the permit. A conviction of a third violation within three years of the first violation shall be cause for a permanent revocation of the permit. Any violation of the PA Sewage Facilities Act and applicable regulations may result in immediate permit revocation until the violation is corrected. (See also § 351-7G(2) for permit transfers.)
E.
Reinstatement. The Borough Council may in its sole discretion approve
the reinstatement of a permit, if satisfied that there has been an
appropriate change of ownership and/or that the cause of the violations
has been corrected and that all other requirements of this chapter
have been met.
A.
Filing of appeal. Appeals of an action under this chapter to deny
any application for, or to renew, a short-term rental license, or
to revoke a short-term rental license, shall be filed with the Borough
Council within 30 days of the date of the denial of application or
revocation of license. Appeal shall be processed as follows:
(1)
All appeals shall be in writing and signed by the appellant on forms
prescribed by the Borough and shall be accompanied by a fee, the amount
of which shall be established by the Borough Council, which may include
notice and advertising costs and necessary administrative overhead
in relation to the hearing.
(2)
Each appeal shall fully set forth the determination appealed from,
a detailed reason or basis for the appeal, and the relief sought.
Every appeal shall refer to the specific provision of circumstances
of the case.
B.
Hearings. The Borough Council shall conduct hearings and make decisions
pursuant to the Act of December 2, 1968 (P.L. 1133, No. 353), known
as the "Local Agency Law,"[1] and in accordance with the following requirements:
(1)
Written notice shall be given to the appellant and to any person
who has made timely request for same. Written notices shall be given
at such time and in such manner as shall be prescribed by rules of
the Borough Council, but not less than 15 days prior to the hearing.
(2)
The hearing shall be held within 60 days from the date the appeal
is filed, unless the appellant has agreed in writing to an extension
of time.
(3)
The hearing shall be conducted by the Borough Council. The decision
or, where no decision is called for, the findings shall be in writing
by the Borough Council within 45 days after the conclusion of the
hearing, unless the appellant has agreed in writing to an extension
of time, and shall be communicated to the appellant, and any other
parties who have entered their written appearance and requested a
copy of the decisions, at the addresses provided by them either by
personal delivery or by United States First-Class Mail, postage prepaid.
(4)
The Chairman or Acting Chairman of the Borough Council presiding
shall have power to administer oaths and issue subpoenas to compel
the attendance of witnesses and the production of relevant documents
and papers, including witnesses and documents requested by parties.
(5)
The parties shall have the right to be represented by counsel and
shall be afforded the opportunity to respond and present evidence
and argument and cross-examine adverse witnesses on all relevant issues.
(6)
Formal rules of evidence shall not apply, but irrelevant, immaterial
or unduly repetitious evidence may be excluded.
(7)
The Borough Council may, but is not required to, make a stenographic
record of the proceedings. In the event a stenographic record of the
proceedings is not provided by the Borough Council, a stenographic
record shall be made and kept at the request of any party agreeing
to pay the costs thereof. Any party or other person desiring a copy
of the stenographic record shall order the copy directly from the
stenographer who prepared the same and shall pay the cost imposed
by the stenographer for the copy directly to the stenographer.
(8)
The Borough Council shall not communicate, directly or indirectly,
with any party or any party's representatives in connection with
any issue involved except upon notice and opportunity for all parties
to participate; shall not take notice of any communication, reports,
staff memoranda, or other materials, except advice from their Solicitor,
unless the parties are afforded an opportunity to contest the material
so noticed; and shall not inspect the site or its surroundings after
the commencement of hearings with any party or any party's representative
unless all parties are given opportunity to be present.
[1]
Editor's Note: See 2 Pa.C.S.A. § 551 et seq.
Should any section, subsection, clause, provision or other portion
of this chapter be declared invalid by any court of competent jurisdiction,
such decision shall not affect the validity of the remainder of this
chapter; the Borough Council having adopted this chapter as if such
invalid portions had not been included therein.
