[HISTORY: Adopted by the Borough Council of the Borough of
Manheim as indicated in article histories. Amendments noted where
applicable.]
[Adopted 3-29-2011 by Ord. No. 619; amended in its entirety 7-31-2018 by Ord. No. 659]
The purpose of this article and the policy of the Borough shall
be to protect and promote the public health, safety and welfare of
its residents, to establish rights and obligations of owners and occupants
relating to residential rental units in the Borough and to encourage
owners and occupants to maintain and improve the quality of rental
housing within the Borough. As a means to these ends, this article
provides for a systematic inspection program, registration and permitting
of residential rental units, and penalties for failure to comply with
this article. In considering the adoption of this article, the Borough
makes the following findings:
A.
There is a growing concern in the Borough with the failure of some
landowners to properly maintain residential rental units.
B.
Borough records indicate there is a greater incidence of problems
with the maintenance and upkeep of residential properties which are
not owner-occupied as compared to those that are owner-occupied.
C.
Borough records indicate there are a greater number of disturbances
at residential rental units than owner-occupied units.
D.
Borough records indicate that violations of the Borough's ordinances
are generally less severe at owner-occupied units as compared to residential
rental units.
Unless otherwise expressly stated, the following terms shall,
for the purpose of this article, have the meanings indicated as follows:
The Borough of Manheim, Lancaster County, Pennsylvania.
Any state or local code or ordinance adopted, enacted or
in effect in and for the Borough.
The County of Lancaster.
Any act by an occupant of a residential rental unit or by
a person present at a residential rental unit involving public drunkenness,
consumption of an alcoholic beverage in public, public urination or
defecation, the unlawful deposit of trash or litter on public or private
property, damage to or destruction of public or private property,
the obstruction of public roads, streets, highways or sidewalks, interference
with emergency or police services, unreasonable noise that disturbs
other persons of reasonable sensibility in their peaceful enjoyment
of their premises, use of profane or obscene language or gestures,
indecent exposure, fighting or quarreling, or any other act defined
as "disorderly conduct" in the Pennsylvania Crimes Code or any act
prohibited by the ordinances of the Borough or which otherwise injures
the health, safety or welfare of the residents of the Borough residing
in the neighborhood or vicinity of the gathering. It is not necessary
that such conduct, action, incident or behavior constitute a criminal
offense, nor that criminal charges be filed against any person, in
order for said person to have perpetrated, caused or permitted the
commission of disruptive conduct, as defined herein; provided, however,
that no disruptive conduct shall be deemed to have occurred unless
a police officer shall investigate and make a determination that such
did occur and keep written records, including a disruptive conduct
report, of such occurrences. The occupant and the owner and, if applicable,
the manager shall be notified of any such occurrences in writing.
A written report of disruptive conduct to be completed by
a police officer who actually investigates an alleged incident of
disruptive conduct and which shall be maintained by the Housing Officer.
A building or portion thereof arranged or designed for occupancy
by not more than one family and having separate cooking and sanitary
facilities.
Any room or group of rooms located within a hotel or motel,
forming a single habitable unit, used or intended to be used for living
and sleeping only on a transient basis for a period of less than 30
days.
The person designated by the Borough Manager of Manheim Borough
to administer and enforce this article.
A person who owns or manages and who leases or offers for
lease a residential rental unit to occupant(s) for a consideration,
monetary or otherwise.
A person retained by an owner to be responsible for one or
more residential rental units within the Borough.
Any person over one year of age living and sleeping in a
residential rental unit or having actual possession of said residential
rental unit.
Any person who alone, jointly or severally with others shall
have:
Legal or equitable title to any structure upon which a residential
rental unit is erected or maintained, with or without accompanying
actual possession thereof; or
Charge, care or control of any residential rental unit as owner
or manager of owner, or as executor, administrator, trustee or guardian
of the estate of the owner.
If more than one person owns the residential rental unit as
joint tenants, tenants in common, tenants by the entireties, or tenants
in co-partnership, each such person shall be considered an owner and
shall have all of the duties of an owner under this article.
A natural individual, unincorporated association, partnership,
limited-liability company, corporation, estate, trust or any other
legally recognized entity, and the partners of such partnership, the
members and managers of such limited-liability company, the representatives
of such estate, the trustees of such trust, and the officers of such
corporation, unincorporated association or other legally recognized
entity.
Any parcel of real estate within the Borough, including the
land and all buildings and appurtenant structures, on which one or
more residential rental units are located.
A document issued by the Housing Officer to the owner of
a residential rental unit pursuant to this article.
A rooming unit, or a dwelling unit let for rent, or a residential
unit occupied by any person other than one occupied solely by the
owner and members of the owner's immediate family. Each individual
townhouse dwelling, each individual apartment unit, each individual
unit in a multifamily building, and each rooming unit shall be considered
a separate residential rental unit. If a structure contains a rooming
unit or if any portion of the structure is let for rent as a dwelling
unit or rooming unit, it shall be considered a residential rental
unit, whether or not the owner or a relative of the owner also resides
in the structure. A residential rental unit shall not include a hotel
unit or a hospital room utilized for medical services. A residential
rental unit includes a dwelling unit under a lease-purchase agreement
or long-term (greater than six months) agreement of sale.
A portion of a dwelling unit, including any room or group
of rooms forming a single habitable unit, used or intended to be used
for living and sleeping but not for cooking purposes. Granting of
permission to use shared or common cooking facilities may be associated
with the leasing of a rooming unit.
The provisions of this article and § 100-2R of the
Manheim Borough Code of Ordinances pertaining to leasing of residential
rental units shall govern the leasing of all residential rental units,
rooming houses, multiple-family dwellings, rooming units and one-
and two-family dwellings in the Borough.
Each owner of each structure located in the Borough shall be
responsible for compliance with the requirements of this article.
If any structure is managed by a person other than the owner, that
person shall also be responsible for compliance with the requirements
of this article.
It shall be the duty of each owner and each manager to:
A.
Keep and maintain all residential rental units in compliance with all applicable codes, ordinances and provisions of all applicable federal, state and local laws and regulations, including but not limited to this article, as amended and/or restated from time to time, the Manheim Borough Zoning Ordinance, Chapter 220, Zoning, as amended and/or restated from time to time, and the Property Maintenance Code, Chapter 100, Construction Codes, Article I, Property Maintenance Code, as amended and/or restated from time to time;
B.
Keep and maintain all premises containing a residential rental unit
in good and safe condition.
The Housing Officer shall administer and enforce the provisions
of this article and may make rules and regulations necessary for its
administration. Such rules and regulations shall not be in conflict
with this article and shall be submitted to Borough Council for approval.
If the rules and regulations so submitted to Borough Council are approved
by Borough Council, the same shall be filed in the office of the Housing
Officer and in the office of the Secretary of the Borough as an addendum
to this article. Such rules and regulations as may be adopted from
time to time shall then be deemed to be a part of this article and
to have the same effect as this article.
A.
Required reports.
(1)
Each landlord who owns, rents or has available one or more residential
rental units to let for occupancy in the Borough shall submit to the
Housing Officer, on a form provided by the Housing Officer, a report
containing the following information:
(a)
Each residential rental unit owned by the owner located within
the Borough let for occupancy, whether presently occupied or unoccupied.
(b)
The number of residential rental units located within any premises,
which number shall in no event exceed the number of residential rental
units provided for on the rental occupancy permit issued to the owner
or manager on behalf of the owner.
(c)
The complete street address and mailing address (if different
from the street address) of each residential rental unit and a description
of such residential rental unit.
(d)
Whether or not such residential rental unit is occupied and,
if so occupied, the name of each occupant of the residential rental
unit, specifying whether each such occupant is over 18 years of age.
Submission of a copy of the lease agreement, if it includes all such
information, shall be satisfactory.
(e)
The period of time for which the rental is made.
(2)
Such information shall be supplied to the Housing officer annually
and, in addition, such information pertaining to any residential rental
unit shall also be supplied to the Housing Officer within 10 days
after the occupancy of such residential rental unit shall change.
B.
Reports by person upon becoming landlord. Any person who becomes a landlord who owns, rents or has available one or more residential rental units let for occupancy shall submit to the Code Official, on a form provided by the Housing Officer, within 10 days after such person becomes a landlord who owns, rents or has available one or more residential rental units let for occupancy, and annually thereafter, the information set forth in Subsection A of this section.
C.
Reports by landlord upon change in occupancy. Each time there is a change in the occupancy of any residential rental unit owned or leased by any landlord, the landlord shall submit to the Housing Officer, on a form provided by the Housing Officer, within 10 days of such change of occupancy, the information set forth in Subsection A of this section. A change in occupancy shall include the residential rental unit becoming vacant.
A.
Requirement to obtain rental occupancy permit. No person shall let,
rent or have available for let or rent, or cause to be occupied, any
residential rental unit without first obtaining a rental occupancy
permit from the Housing Officer; and thereafter, each owner shall
obtain a rental occupancy permit from the Housing Officer on an annual
basis, for each residential rental unit which is let for occupancy
in any structure. Each annual rental occupancy permit shall be valid
for a period of one year, commencing on January 1 of each year and
ending on December 31 of such year. Upon expiration of any rental
occupancy permit, a new rental occupancy permit shall be required
for the further period of one year. Failure to obtain a rental occupancy
permit for any residential rental unit in any structure as required
by this section shall be a violation of this article.
B.
Rental occupancy permit fee. The landlord of each residential rental
unit which is let for occupancy shall pay to the Borough the annual
rental occupancy permit fee, as established by resolution or ordinance
of Borough Council from time to time, for each residential rental
unit upon submission to the Housing Officer of the annual rental occupancy
permit application form for such residential rental unit.
C.
Display of rental occupancy permit. Each rental occupancy permit
issued pursuant to this section shall be maintained upon the premises
where such residential rental unit is located and shall be posted
in a conspicuous place where it may be seen at all times; and the
same shall not be transferable in the event of a change in ownership
of the permitted residential rental unit.
D.
Inspection required before issuance of a residential rental permit. No residential rental permit shall be issued for a residential rental unit unless and until the landlord of such residential rental unit has caused such residential rental unit to be inspected pursuant to § 166-11 of this article and has obtained the required inspection certificate for such residential rental unit as set forth in § 166-11 of this article.
A.
The Housing Officer shall deny and may revoke a rental occupancy
permit if the owner:
(1)
Fails to provide the name, address and telephone number of a manager
(if applicable);
(2)
Fails to pay the annual rental occupancy permit fee;
(3)
Fails to cause each residential rental unit to be inspected in accordance
with the provisions of this article;
(4)
Fails to pay when due any and all inspections fees;
(5)
Fails to pay when due any real estate tax, water charge, sewer charges
and/or municipal service fee for each residential rental unit;
(6)
Fails to correct a code violation within the time period cited by
the Housing Officer; and/or
(7)
Fails to comply with all of the disruptive conduct provisions set
forth in this article.
B.
The Housing Officer shall deny and may revoke a rental occupancy
permit if any of the following occurs within the residential rental
unit or on the premises:
(1)
Failure to abate any violation of the Property Maintenance Code within
the time period specified in the notice of violation, unless an appeal
is pending.
(2)
Failure to take any action to evict occupant(s) of a residential
rental unit when the disruptive conduct provisions of this article
require such action.
(3)
The occurrence of three violations of this article and/or of any
other Borough code or ordinance that applies to the residential rental
unit or the premises during the term of the rental occupancy permit.
C.
The Housing Officer shall forward written notice to the owner if
the Housing Officer denies, refuses to renew or revokes a rental occupancy
permit. The notification shall:
(1)
Identify the residential rental unit(s);
(2)
Include the grounds for the denial, nonrenewal or revocation, including
the factual circumstances and the section of this article supporting
such determination; and
(3)
Inform the owner of the right to appeal the denial, nonrenewal or
revocation of the rental occupancy permit to Borough Council in accordance
with the provisions of this article.
D.
The Housing Officer may reinstate a rental occupancy permit if the
owner or manager corrects the reason(s) for the revocation of the
rental occupancy permit and has paid the rental occupancy permit reinstatement
fee, as established by resolution or ordinance of Borough Council
from time to time.
A rental permit shall not be transferred. In the case of permitted
residential rental units that are sold or transferred, the new owner
shall secure a rental occupancy permit for each residential rental
unit at the premises and cause each residential rental unit to be
inspected in accordance with the provisions of this article. Failure
to obtain a rental occupancy permit for each residential rental unit
within 10 days of the date of purchase or transfer of ownership or
to cause each residential rental unit at the premises to be inspected
in accordance with the terms of this article shall result in the revocation
of each rental occupancy permit at the premises.
A.
The Housing Officer is authorized and directed to inspect each residential
rental unit located within the Borough to determine the condition,
occupancy and/or use of each residential rental unit in order to safeguard
the health and safety of the occupants thereof and the general public
and enter each residential rental unit for the purposes of examining
and surveying all areas of any such residential rental unit at reasonable
times, which shall be deemed to be between the hours of 6:00 a.m.
and 10:00 p.m., prevailing time, for the purpose of examining and
surveying all areas of each residential rental unit. Each owner or
occupant of each residential rental unit shall extend the Housing
Officer access to such residential rental unit for the purpose of
making any inspection, examination or survey thereof.
B.
Each residential rental unit shall be subject to inspection by the
Housing Officer:
(1)
Prior to initial occupation of any residential rental unit; and
(2)
In accordance with a schedule for regular inspections of all residential
rental units at least once every three years; and
(3)
Upon receipt by the Housing Officer of a complaint concerning such
residential rental unit; and
(4)
Upon determination by the Housing Officer that a violation of this
article may exist; and
(5)
Whenever the tenant of such residential rental unit changes; provided,
however, that a residential rental unit shall not be inspected solely
as a result of the changing of tenant(s) more frequently than once
during each twelve-month period.
C.
The landlord of each residential rental unit shall make suitable
arrangements with the Housing Officer for each such inspection. A
rental inspection certificate shall be issued by the Housing Officer
upon completion of satisfactory inspection of a residential rental
unit that complies with all applicable requirements.
D.
In the event permission to enter any such residential rental unit
for the purpose of inspection, examination or survey is denied, the
Housing Officer may apply to the appropriate authority for a search
warrant.
E.
Probable cause shall mean:
(1)
That inspection of said residential rental unit is part of a routine
area inspection being conducted as part of a systematic or concentrated
code enforcement program;
(2)
That the affiant has knowledge of a violation of housing or health
codes or other Borough codes that may endanger or otherwise affect
the health and safety of the citizens of the Borough; or
(3)
That said entry is for the purpose of reinspecting a previous notice
of violation where no prior warrant was issued.
F.
A warrant shall not be required:
G.
Any person scheduling an inspection as provided in this section shall,
at the time of the application for inspection, pay to the Housing
Officer an inspection fee, if any, for use by the Borough, which shall
be in accordance with a fee schedule established by resolution or
ordinance of Borough Council from time to time. In addition, the inspection
fee for each inspection (or reinspection) shall be increased by an
amount as established by resolution or ordinance of Borough Council
from time to time, if the applicant changes a scheduled appointment
with less than two days' notice to the Housing Officer or fails to
appear for a previously scheduled inspection (or reinspection). In
addition, a fee in an amount established by resolution or ordinance
of Borough Council from time to time shall be charged to reschedule
an appointment when required as a result of applicant's failure to
appear at a scheduled appointment or if an applicant changes a scheduled
appointment with less than 10 days' notice to the Housing Officer.
Each occupant of a residential rental unit shall have the following
duties:
A.
Comply with all obligations of this article and all applicable codes
and Borough ordinances, as well as all applicable federal, state and
local laws and regulations.
B.
Conduct himself or herself and require each other person, including
but not limited to each guest on the premises and within his or her
residential rental unit with his or her consent, to conduct himself
or herself in a manner that will not disturb the peaceful enjoyment
of adjacent or nearby dwellings by people occupying the same.
C.
Not engage in, nor tolerate, nor permit any other person, including
but not limited to each guest on the premises and within his or her
residential rental unit with his or her consent, to cause damage to
the residential rental unit or engage in disruptive conduct, or other
violation of this article, any code, any Borough ordinance, or any
applicable federal, state and local law or regulation.
D.
Use the trash and recyclable collection services provided by the
owner.
E.
Use the residential rental unit for no purpose other than as a residence.
F.
Maintain the residential rental unit in a manner meeting all of the
requirements for occupants of structures set forth in the Property
Maintenance Code.
G.
Allow the Housing Officer to inspect the residential rental unit
in accordance with this article at reasonable times.
H.
Not allow any person other than those identified on the lease to
reside in the residential rental unit.
I.
Not allow the residential rental unit to be occupied by more than
one family. For purposes of this subsection, a family shall be considered
to be a "family," as that term is defined in the Manheim Borough Zoning
Ordinance. (See § 220-12.C).
J.
Not permit the possession of, serving to, or consumption of alcohol
by underage persons.
A.
Police officers shall investigate alleged incidents of disruptive
conduct. The police officer conducting the investigation shall complete
a disruptive conduct report upon a finding that the reported incident
constitutes disruptive conduct. The information filed in the disruptive
conduct report shall include, if possible, the identity of the alleged
perpetrator(s) of the disruptive conduct and the factual basis for
the disruptive conduct described in the disruptive conduct report.
A copy of the disruptive conduct report shall be given or mailed to
the occupant and mailed to the owner and, if applicable, the manager
within 10 working days of the occurrence of the alleged disruptive
conduct.
B.
The occupant or the owner and, if applicable, the manager shall have
10 days from the date of a disruptive conduct report to appeal the
disruptive conduct report. The appeal shall be made in writing and
submitted to the Housing Officer.
C.
After three disruptive conduct incidents in any twelve-month period
by an occupant documented by disruptive conduct reports, the owner
and, if applicable, the manager shall have 10 days from the date of
the third disruptive conduct report to begin eviction proceedings
against the occupants. The owner and, if applicable, the manager shall
submit a copy of the document to the Housing Officer indicating that
the eviction process has begun. The owner and, if applicable, the
manager shall diligently and in good faith pursue such eviction proceedings,
including but not limited to appealing a Magisterial District Judge's
denial of any such eviction proceedings. Failure to timely and properly
take such action, as determined in the sole discretion of the Borough,
shall result in the immediate revocation of the rental occupancy permit
by the Borough. The residential rental unit involved shall not have
its rental occupancy permit reinstated until the reinstatement fee
is paid and the disruptive occupants have been evicted, the Magisterial
District Judge has ruled in the occupant's favor, the Magisterial
District Judge has ruled in the owner's favor but has not ordered
the eviction of the occupants, or the occupants have filed an appeal
to a higher court or declared bankruptcy, thereby preventing their
eviction. The disruptive occupants, upon eviction, shall not reoccupy
any residential rental unit on the same premises involved for a period
of at least one year from the date of eviction. This subsection is
not intended to limit or inhibit the owner's and, if applicable, the
manager's right to initiate eviction actions prior to the issuance
of the third disruptive conduct report in a twelve-month period.
D.
The disruptive conduct report shall count against all occupants of
the residential rental unit. More than one disruptive conduct report
filed against any occupant of a residential rental unit in any twenty-four-hour
period shall count as a single disruptive conduct report for the purpose
of this section. The Housing Officer shall maintain a list of names
of all occupants evicted as a result of this section. The names shall
remain on the list for a period of three years.
A.
Whenever the Housing Officer believes, or has cause to believe, that
there is a violation of any provision(s) of this article or any rule(s),
regulation(s) or code(s), including but not limited to the Pennsylvania
Uniform Construction Code and the Property Maintenance Code, as adopted
by the Borough and related hereto, the Housing Officer shall give
notice of such violation to the owner of the residential rental unit
or the premises. Such notice shall:
(1)
Be in writing and shall state the place and manner of the violation;
(2)
State the nature or condition of the violation;
(3)
State the determination of the Housing Officer in respect to the
violation;
(4)
State the name of the person who the Housing Officer deems responsible
therefor, together with the name of the owner of the residential rental
unit or the premises involved;
(5)
State the date of the notice and the number of days allowed for compliance
with said notice;
(6)
Be served upon the owner of the residential rental unit or the premises involved and all other persons, if any, named in such notice pursuant to Subsection A(4) of this section, and any notice served upon the owner and such other person or persons, if any, personally or by certified or registered mail, return receipt requested, postage prepaid, sent to the last known address of such owner and such other person or persons, if any, and by posting the same in a conspicuous place in or about the premises affected by such notice, shall be deemed to have been properly served.
B.
The notice may, in addition, contain any other pertinent data, information
and/or statements which the Housing Officer deems appropriate.
C.
Any person affected by a notice of decision, determination or order
issued by the Housing Officer or pursuant to this article may appeal
said decision, determination or order to Borough Council. Any such
appeal must be filed in writing with Borough Council, and a copy delivered
to the Housing Officer, within 10 days after receipt by the appellant
of such notice of decision, determination or order. At the time of
the filing of such appeal, the appellant shall pay to the Borough
a deposit, the amount of which shall be established by resolution
or ordinance of Borough Council from time to time, to cover the costs
of such appeal. Borough Council shall hold a hearing on the appeal
within 45 days after the date the appeal is filed. Notice of the hearing
shall be given not less than 10 days prior to the date of the hearing
to the appellant, to the Housing Officer and to any other person who
may request such notice. At the hearing, Borough Council shall review
the decision, determination or order of the Housing Officer, or the
rule or regulation, which is the subject of the appeal, take such
testimony, hear such witnesses and, by a concurring vote of the majority
of its members, reverse or affirm, in whole or in part, or modify
the decision, determination or order appealed from and shall make
such order or decision as, in Borough Council's opinion, should be
made. Failure to secure such concurring votes shall be deemed a confirmation
of the decision, determination or order of the Housing Officer. Within
20 days after said hearing, Borough Council shall advise the appellant,
in writing, of its order or decision, and a copy of such order or
decision shall be filed with the Borough Secretary and with the Housing
Officer. Any order or decision of Borough Council may be further appealed
to the Court of Common Pleas of Lancaster County, Pennsylvania by
the appellant within 20 days after receipt of the order or decision
of Borough Council, or as otherwise provided by law.
D.
Whenever the Housing Officer determines that an emergency condition
exists which requires immediate action to protect public health and/or
safety, the Housing Officer may issue an order declaring the existence
of such emergency condition and requiring action to be taken to remedy
such emergency condition. Such emergency order shall be effective
immediately upon issuance. Any person to whom such order is directed
shall comply therewith immediately; provided, however, that such person
may file an appeal to Borough Council in accordance with the provisions
of this section, but such appeal shall not serve as a supersedeas
to the Housing Officer's emergency order.
E.
Borough Council shall establish by resolution or ordinance from time
to time the amount of the deposit to be paid by any person filing
an appeal to Borough Council as provided in this section. Such deposit
shall be made to the Secretary of the Borough and shall be paid in
full at the same time as the appeal is filed. The deposit shall be
used by the Borough to pay all costs and expenses incurred by the
Borough and Borough Council pertaining to the appeal, which costs
and expenses shall include but not be limited to stenographic services,
the fees of the Borough Solicitor and all other professional and secretarial
costs and expenses. In the event such costs and expenses are less
than the amount of the deposit, any excess shall be returned to appellant.
F.
Notwithstanding the requirements of Subsection A of this section, if the Housing Officer determines or has reason to believe that a violation of this article or any other Borough ordinance exists concerning the health, safety, welfare or occupancy of the premises, the Housing Officer may proceed, without giving the notice required by Subsection A of this section, to cause a citation to be issued to the owner of the residential rental unit which the Housing Officer determines or has information to reasonably believe is in violation of the provisions of this article, or any rule or regulation adopted pursuant to this article, or any other applicable Borough ordinance.
G.
Any person aggrieved by a decision of a police officer or the Housing
Officer in regard to a disruptive conduct report or the revocation
of a rental occupancy permit may appeal to Borough Council in accordance
with the provisions of this section. Such appeal must be filed, in
writing, within 10 days from the date of the disruptive conduct report
or notice of revocation.
A.
Violations. Any person who violates or fails to comply with, or permits any other person to violate or fail to comply with, any provision of this article, or any notice, rule or regulation made in connection with this article, including but not limited to the following violations or failure to comply, shall, upon conviction thereof, be subject to the penalties and remedies set forth in Subsection B of this section:
(1)
To lease, let or permit the occupancy of a residential rental unit
without obtaining a rental occupancy permit in accordance with the
provisions set forth in this article;
(2)
To refuse to permit any inspection as required in accordance with
this article;
(3)
To fail to perform the duties established by § 166-5 of this article if such person is an owner or a manager of a residential rental unit;
(4)
To fail to perform the duties established by § 166-12 of this article if such person is an occupant of a residential rental unit; or
(5)
To place false information on, or omit relevant information from,
an application for a rental occupancy permit.
B.
Penalties and remedies.
(1)
Any person who permits occupancy of a residential rental unit after
the rental occupancy permit has been revoked shall be subject to a
fine of not less than $500 per residential rental unit for each day
the violation exists. Each day the violation exists constitutes a
separate violation.
(2)
Any person who fails to secure a rental occupancy permit shall be
sent a ten-day notice of violation, warning him, her or it of his,
her or its failure to secure a rental occupancy permit in accordance
with this article. If he, she or it does not comply at the end of
such ten-day period, a fine of not less than $500 per residential
rental unit shall be imposed for each day the violation exists. Each
day the violation exists constitutes a separate violation.
(3)
Any person who violates any other provision of this article shall
be subject to a fine of not more than $1,000 or imprisonment for not
more than 30 days, or both. Each violation of this article shall constitute
a separate offense. Each day that such violation exists shall constitute
a separate offense.
(4)
Any owner who fails to renew an expired rental occupancy permit within 10 days after the expiration date of the rental occupancy permit shall, in addition to the penalties provided in Subsection B(1), (2) and (3) of this subsection, be subject to a penalty in the amount of $10 for each day or part thereof during which the expired rental occupancy permit is not renewed.
(5)
In addition to prosecution of any person violating this article,
the Housing Officer or any duly authorized agent of the Borough may
take such civil and/or equitable remedies in any court of record of
the Commonwealth of Pennsylvania against any person or property, real
or personal, to effect the provisions of the article.
(6)
The provisions of this section and the provisions of this article
governing revocation, suspension or nonrenewal of rental occupancy
permits shall be independent, nonmutually exclusive, separate remedies,
all of which shall be available to the Borough as may be deemed appropriate.
The remedies and procedures in this article are not intended to supplant
or replace to any degree the remedies provided to the Borough in the
Borough's Property Maintenance Code, the Manheim Borough Zoning Ordinance,
or any other code or Borough ordinance, as amended from time to time.
[Adopted 9-13-2022 by Ord. No. 677]
A.
The Borough Council of the Borough of Manheim determines that it
is necessary to protect and promote the public health, safety and
welfare of residents of the Borough of Manheim through the identification
and elimination of lead source hazards; and
B.
The Borough of Manheim currently maintains a licensing and inspection
program for residential rental units; and
C.
Under the existing codes and ordinances of the Borough of Manheim,
various inspections and reports are required prior to any notices
of condemnation being removed for dwellings which were condemned as
being unfit for human habitation; and
D.
With respect to any of the foregoing properties built prior to 1978,
the Borough deems it necessary to receive a lead paint safe report
by a certified lead-based paint risk assessor prior to issuing rental
housing licenses or certificates of occupancy and prior to removing
condemnation placards.
The following words, terms and phrases, when used in this article,
shall have the meaning ascribed to them in this section, except where
the context clearly indicates a different meaning:
An individual who successfully completed an EPA eight-hour
class titled "Renovator Under the Renovate, Repair and Painting Rule,"
also known as the "RRP Rule." The company that the renovator owns
or works for must also be certified as a "Firm" under the RRP Rule.
An individual who is certified by the Environmental Protection
Agency (EPA) and licensed by the Commonwealth of Pennsylvania to perform
on-site investigations to identify the existence, nature, severity
and location of lead-based paint hazards and document the findings
in order to recommend corrective measures.
Any structure that is found to be unsafe or dangerous to
the life, health or safety of the public or the occupants thereof
and deemed to be unfit for habitation and condemned by an authorized
employee of the Borough of Manheim under Borough ordinances. "Condemned
property," as the term is used in this article, shall not include
a property which has been closed for human occupancy due to utility
shutoffs or where appliances need to be replaced with no renovations
required to any interior surface.
A two-family, multifamily, single-family attached, single-family
detached or single-family semi-detached dwelling as defined in the
Borough of Manheim's Zoning Ordinance composed of a building
designed for use as a residence.
A building or dwelling unit identified through testing by
a certified lead-based paint risk assessor as having lead-based paint
surfaces that are intact and free from deterioration. As noted in
the lead safe certification by the lead-based paint risk assessor,
ongoing lead safe maintenance may be necessary to maintain the property
in a lead-based paint safe condition.
A form provided to the Borough of Manheim from a licensed
lead-based paint risk assessor certifying that a visual inspection
and dust-wipe samples have been taken from a dwelling or dwelling
unit and stating that it does not have visible deteriorated paint
and that interior dust-wipe samples were collected in compliance with
EPA regulations, were tested, and were found to not contain lead-contaminated
dust in excess of EPA dust level standards.
A report issued by a certified lead-based paint risk assessor
indicating that the referenced building or dwelling unit identified
through testing by a licensed lead-based-paint risk assessor, has
lead paint surfaces that are intact and free from deterioration or
is free from lead paint.
Residential rental units as defined in § 166-2 of the Code of the Borough of Manheim.
As used herein, the structures subject to this article are
residential rental units constructed prior to 1978, and dwellings
constructed prior to 1978 which meet the definition of "condemned
property" herein.
With respect to structures which are the subject of this article
and as defined above, in the following situations, owners of such
structures shall be required to provide a lead safe report to the
Codes Department of the Borough of Manheim:
A.
With respect to structures which are subject to licensing and/or
registration with the Borough of Manheim as residential rental units,
with the application for licensing (or renewal if already licensed
at the time of adoption of this article). The Borough shall not issue
the rental registration license or renewal thereof unless it has received
the lead safe report issued by a certified lead-based paint risk assessor
for the structure. The initial lead safe report shall be provided
to the Borough by the end of the calendar year following the adoption
of this ordinance during which the residential rental unit is required
to be inspected in accordance with the Rental Property Code. For example,
if a residential rental unit is required to be inspected in 2023,
the lead safe report for the unit must be submitted as part of the
application for the 2024 rental occupancy permit for the unit. Subsequent
reports shall be provided to the Borough the earlier of every six
years or when designated in any inspection report.
B.
With respect to a condemned property, prior to authorizing and/or
removing any condemnation placard.
All clear lead safe reports are to be issued by a certified
lead-based paint risk assessor. If remediation is required to receive
a clear lead safe report, it is the property owner's responsibility
to engage a certified lead safe contractor to remediate any substandard
findings. All lead paint safe inspections are the responsibility of
the property owner, and all clear lead safe reports and findings become
the liability of the issuing certified lead safe contractor. In the
instance that any lead safe report provides that future inspections
will be needed to assess future deterioration, or after a period of
six years from the date of the previous lead safe report, the owner
shall be required to file with the Codes Department of the Borough
of Manheim additional lead safe reports issued by a certified lead-based
paint risk assessor indicating that the property remains lead safe.
The Borough of Manheim assumes no responsibility or liability for
any inaccurate or incomplete findings and has no obligation to independently
inspect or verify the findings.
