[HISTORY: Adopted by the Borough Council of the Borough of
Clearfield as indicated in article histories. Amendments noted where
applicable.]
[Adopted 11-21-1957 by Ord. No. 765 (Ch. 46 of the 1966 Code)]
For the purpose of obtaining accurate information in reference
to the ownership of real estate in the Borough of Clearfield, a real
estate registry is hereby established to show the situation, dimensions
and location of each property in the Borough and the name of the owner
or owners thereof. Such real estate registry shall be prepared and
afterwards maintained by the Borough Secretary, under direction of
the Borough Council, in the manner set forth in the applicable provisions
of the Borough Code.
Hereafter, it shall be the duty of every purchaser, devisee
or person, within one month after acquiring title in any manner whatsoever
to any real estate in the Borough, to furnish to the Borough Secretary
at the Borough office descriptions of their respective properties
upon blanks to be furnished by the Borough and, at the same time,
to present their conveyances to be stamped as evidence of the registry
thereof.
Any person, firm or corporation who or which shall neglect or
refuse to comply with any of the provisions of this article shall,
upon conviction thereof, be sentenced to pay a fine of not more than
$10 and costs of prosecution, to be recovered with costs of suit by
the Borough as penalties of like amount are now recoverable.
[Adopted 9-16-2010 by Ord. No. 1311]
The purpose of this article and the policy of the Borough of
Clearfield shall be to protect and promote the public health, safety
and welfare of its citizens, 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 licensing of residential rental units and penalties. 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 and experience 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 and experience indicate there are a greater number
of disturbances at residential rental units than all other properties
combined.
D.
Borough records and experience indicate that violations of the codes
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 Clearfield, Clearfield County, Pennsylvania.
A person designated by Borough Council to enforce this article,
including performance of inspections, issuance of residential rental
licenses and issuance of citations.
Any state or local code or ordinance adopted, enacted or in effect in and for the Borough, including, but not limited to, the International Building Code, codified as Chapter 230, the International Property Maintenance Code, codified as Chapter 389, Art. II, the Zoning Ordinance; the Waste Management Ordinance, codified as Chapter 432, Art. II, and general nuisance ordinances.
The County of Clearfield.
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 as defined by the Borough Noise Ordinance, 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, Chapter 382, Peace and Good Order, of the Code of the Borough of Clearfield, or which otherwise injures or endangers the health, safety or welfare of the residents of the Borough residing in the neighborhood or vicinity of the conduct. 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 Code Enforcement Officer, a Borough Operations Manager or 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, a Code Enforcement Officer or a Borough Operations
Manager who actually investigates an alleged incident of disruptive
conduct and which shall be maintained by the Code Enforcement Officer.
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.
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.
The person who holds record title and/or the equitable owner
under an agreement of sale of a property upon which a residential
rental unit is erected or maintained. If more than one person owns
the residential rental unit as joint tenants, tenants in common, tenants
by the entireties, or tenants in copartnership, 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,
corporation, estate, trust or any other legally recognized entity,
and the members of such partnership and the officers of such corporation.
A premises in which food, shelter, and personal assistance
or supervision are continually provided for four or more adults who
are not relatives of the operator, who do not require the services
in or of a licensed long-term facility, but who do require assistance
or supervision in matters such as dressing, bathing, diet, financial
management, evacuation of a residence in the event of an emergency,
or medication prescribed for self-administration and which meets regulations
of any applicable government licensing agency.
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 Code Enforcement Officer to the
owner of a residential rental unit.
A rooming unit or a dwelling unit let for rent or residential
unit occupied by any persons other than one occupied solely by the
owner and members of the owner's 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, 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 personal care home.
A residential rental unit includes dwelling units under lease-purchase
agreements, or long-term (greater than six months) agreements 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.
A.
It shall be the duty of every owner to:
(1)
Keep and maintain all residential rental units in compliance with
all applicable codes and provisions of all applicable state laws and
regulations, including, but not limited to, the Zoning Ordinance.
(2)
Keep and maintain all premises in good and safe condition in accordance
with the International Property Maintenance Code.
(3)
Be aware of and to act to eliminate disruptive conduct in all residential
rental units.
(4)
Employ policies and to manage the residential rental units under
his/her control in compliance with the provisions of this article,
Borough codes and applicable state laws.
(5)
Pay or insure payment of all real estate taxes and to insure that
such vital utilities are provided.
(6)
Obtain and maintain a residential rental license for each residential
rental unit.
(7)
Provide notification to all tenants of all residential rental units
to register with the Borough within 15 days.
(8)
Provide notification to the Borough of changes in the occupancy of
the residential rental unit within 15 days.
(9)
Arrange method of trash and recyclable collection with tenants. Rental units with four or more require the landlord to supply trash collection according to § 432-17C.
(10)
Take all actions necessary to insure that each residential rental
unit is occupied by only one family. For the purposes of this subsection,
a "family" shall be considered to be a group of no more than three
persons unrelated to all the others by blood, marriage, adoption or
legal foster relationship.
(11)
Require a written rental agreement for each residential rental
unit.
(12)
Retain a manager when this article requires that a manager be
designated.
C.
It shall be unlawful for any person to conduct or operate or cause
to be rented either as owner or manager any residential rental unit
within the Borough without having a residential rental license as
required by this article.
D.
It shall be the responsibility of every owner and every manager to
display the residential rental license in the residential rental unit.
The residential rental license shall include the following information:
(1)
The name, mailing address and telephone numbers, including cell phone
numbers, of the owner or manager.
(2)
The evenings on which garbage and recycling are to be placed curbside
for collection and the name and telephone number of the garbage hauler.
(3)
The telephone number to call to register complaints regarding the
physical condition of the residential rental unit.
(4)
The telephone number for emergency police, fire and medical services.
(5)
The date of expiration of the residential rental license.
(6)
A summary of the owner's and occupant's duties under this article,
E.
No residential rental license shall be issued to any owner residing
more than 25 miles from the municipal limits of the Borough unless
the owner provides the Code Enforcement Officer with the name, mailing
address and telephone number of a manager residing or working within
25 miles of the Borough limits, authorized to accept service of process
on behalf of the owner. For the purpose of this subsection, a post
office box is not acceptable for the manager's address. This designation
shall not be valid unless signed by the owner and the manager designated
to act on behalf of the owner. The owner shall notify the Code Enforcement
Officer within 30 days of any change in manager.
A.
All property owned by the county or any housing authority created
by the county which is inspected annually by those agencies to assess
conformance with federal standards, or properties that are inspected
annually for compliance with the requirements of the United States
Department of Housing and Urban Development or the Pennsylvania Housing
Finance Agency, regardless of the occupants, shall be exempt from
the licensing provisions of this article.
C.
If, in response to a complaint, an exempt unit is found to be in
violation of a code, the owner and, if applicable, the manager shall
correct the violation(s) within the time frame cited by the Code Enforcement
Officer. If the violation(s) is/are not corrected, the unit shall
lose its exemption until the violation(s) is/are corrected. If three
verified complaints are received in any twelve-month period, the unit
shall lose its exemption from the requirement to obtain a license
for a period of five years.
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 state laws and regulations.
B.
Provide notification to the Borough, within 15 days, of occupancy
of a residential rental unit.
C.
Conduct him/herself and require other persons, including, but not
limited to, guests on the premises and within their residential rental
unit with their consent, to conduct themselves in a manner that will
not disturb the peaceful enjoyment of the premises by others and that
will not disturb the peaceful enjoyment of adjacent or nearby dwellings
by people occupying the same.
D.
Not engage in, nor tolerate, nor permit others on the premises to
cause damage to the residential rental unit or engage in disruptive
conduct, or other violations of this article, codes, Borough ordinances,
or applicable state laws.
E.
Use the trash and recyclable collection services provided by the
owner, if applicable.
F.
Use the residential rental unit for no purpose other than as a residence.
G.
Maintain the residential rental unit in a manner meeting all requirements
for occupants of structures set forth in the International Property
Maintenance Code.
H.
Allow the Code Enforcement Officer or such other appropriate official
or officer, as designated by Clearfield Borough Council and/or the
Code Enforcement Officer, to inspect the residential rental unit in
accordance with this article at reasonable times.
I.
Not allow persons other than those identified on the lease to reside
in the residential rental unit.
J.
Not allow the residential rental unit to be occupied by more than
one family. For the purposes of this subsection, a "family" shall
be considered to be a group of no more than three persons unrelated
to all the others by blood, marriage, adoption or legal foster relationship.
K.
Not permit the possession of, serving to or consumption of alcohol
by underage persons.
A.
Police officers or Code Enforcement Officers shall investigate alleged
incidents of disruptive conduct. The police officer or Code Enforcement
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 working 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 Code Enforcement 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 working days from the
date of the third disruptive conduct report to begin eviction proceedings
against the occupants. Failure to take such action will result in
the immediate revocation of the residential rental license. The residential
rental unit involved shall not have its residential rental license
reinstated until the reinstatement fee (as set by Borough resolution)
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 occupant(s), 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 date of eviction. This subsection is not intended to
limit or inhibit the owner 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 the occupants of a residential rental unit in a twenty-four-hour period shall count as a single disruptive conduct report for the purpose of § 403-9C. The Code Enforcement Officer shall maintain a list of the names of all occupants evicted as a result of § 403-9C. The names shall remain on the list for a period of three years.
A.
The manager of each residential rental building shall apply for and
obtain a residential rental license for each residential building,
every three years. A residential rental building license shall be
valid for a period of three calendar years from the date of issuance.
The Borough, as a courtesy, may forward a notice that a residential
rental license will expire and must be renewed, but the failure of
the Borough to send such notice or the failure of the manager to receive
such notice shall not excuse the manager of a residential rental unit
from making an application to obtain and/or renew a residential rental
unit license.
B.
The Code Enforcement Officer shall issue a residential rental license
if the owner provides the name, address and phone number of a manager
(if applicable), pays the license and inspection fees, submits a complete
and accurate occupant listing for the residential rental unit and
is current on real estate taxes and sewer rate fees for the residential
rental building.
C.
The Code Enforcement Officer shall deny and may revoke a residential
rental license if the owner does not:
(1)
Provide the name, address and phone number of a manager (if applicable).
(2)
Pay the license and inspection fees.
(3)
Is not current on real estate taxes and sewer rates.
(4)
Does not submit a complete and accurate occupant listing within 15
days after a change in the identity of the occupants.
(5)
Does not correct a code violation within the time frame cited by
the Code Enforcement Officer.
(6)
Has not complied with the disruptive conduct provisions of this article.
D.
The Code Enforcement Officer shall deny and may revoke a residential
rental license if the following occur within the licensed residential
rental unit or on the premises:
(1)
Failure to abate any violation of the International Property Maintenance
Code within the time specified in the notice of violation unless an
appeal is pending.
(2)
Failure to take action to evict occupants of a residential rental
unit when the disruptive conduct provisions of this article require
such action.
(3)
Occurrence of three violations of this article and/or of any other
Borough codes or ordinances that apply to the residential rental unit
or premises during the term of the license. Before an occurrence may
be considered a violation there must be either:
E.
The Code Enforcement Officer shall forward written notice to the
owner if the Code Enforcement Officer will deny, refuse to renew or
revoke a residential rental license. The notification shall:
(1)
Identify the residential rental unit;
(2)
The grounds for the denial, nonrenewal or revocation, including the
factual circumstances and the section of this article supporting such
determination; and
(3)
Informing the owner of the right to appeal the denial, nonrenewal
or revocation of the residential rental license to Borough Council
under this article.
F.
The Code Enforcement Officer may reinstate a residential rental license
if the owner or manager corrects the reason for the revocation of
the residential rental license and has paid the residential rental
license reinstatement fee.
A.
Initial inspections will occur in accordance with a phased-in systematic
inspection program to be prepared and made available upon request
by the Code Enforcement Officer. A minimum 30 days' written notice
shall be given for all initial inspections. The penalty for not allowing
an inspection shall be revocation of the residential rental license.
B.
The Code Enforcement Officer shall inspect residential rental units
after completion of the initial inspections under this article in
accordance with a systematic program. The Code Enforcement Officer
may also inspect residential rental units upon a change in occupancy
of the residential rental unit, upon receipt of complaints, upon the
occurrence of disruptive conduct at such residential rental unit,
or for any other reasonable cause.
C.
If the Code Enforcement Officer, upon completion of the inspection,
finds that the applicable codes have not been met, the Code Enforcement
Officer shall issue notices and, if appropriate, commence enforcement
actions under the procedure set forth in the code which has been violated.
The following notices shall be issued to the owner of the residential
rental unit or the manager. Notice provided to a manger shall be deemed
notice provided to the owner.
(1)
If the Code Enforcement Officer finds violations warranting condemnation
of the residential rental unit under the Property Maintenance Code,
in addition to the remedies under the Property Maintenance Code, the
Code Enforcement Officer shall:
(a)
Issue a ten-day notice of violation; and
(b)
If after 10 days from the date of the ten-day notice of violation,
a reinspection reveals that the violations are not corrected and arrangements
satisfactory to the Code Enforcement Officer have not been made, the
residential rental license for the residential rental unit shall be-revoked,
and if the residential rental unit is vacant, it shall remain vacant.
(2)
If the Code Enforcement Officer finds violations not warranting condemnation
of the residential rental unit under the Property Maintenance Code,
the Code Enforcement Officer shall issue a thirty-day notice of violation.
(a)
If after 30 days from the date of the thirty-day notice of violation,
the first reinspection reveals that all violations have not been corrected,
a thirty-day legal action warning shall be issued.
(b)
If after 30 days from the date of the thirty-day legal action
warning, the second reinspection reveals that all violations have
not been corrected, the Code Enforcement Officer shall revoke the
residential rental license for the residential rental building, and
if the residential rental unit is vacant, it shall remain vacant.
(c)
A fee will be charged for the initial inspection and for each
reinspection. The Code Enforcement Officer shall maintain a list of
all residential rental units and their ownership that have been the
subject of prosecution during the preceding five years.
A.
A residential
rental license shall not be transferred.
B.
In the
case of licensed residential rental buildings that are sold or transferred,
the new owner shall seek a residential rental license for each residential
rental building and have each residential building inspected. Failure
to seek a residential rental license for each residential rental building
within 60 days of the date of sale or transfer of ownership shall
result in the revocation of the existing residential rental license
applicable to each said building.
A.
An appeal from any decision of the Code Enforcement Officer shall
be taken to Borough Council. Such appeal shall be made in writing
within 10 working days after such decision has been made. The appeal
shall be verified by an affidavit, shall state the grounds therefor,
and shall be filed with the Borough Secretary. The appeal shall be
accompanied by the appeal fee which shall be established by ordinance
or resolution of Borough Council. The appellant or his representative
shall have the right to appear and be heard, if such right is requested
in the written appeal. Borough Council shall make a prompt decision
on such appeal. Borough Council shall render a written decision, copies
of which shall be provided to the Code Official and the appellant.
B.
Any person aggrieved by any decision of a police officer or Code Enforcement Officer in regard to a disruptive conduct report or the revocation of a residential rental license may appeal to Borough Council in accordance with the provisions of § 403-13A above. Such appeal must be filed, in writing, within 10 working days from the date of the disruptive conduct report or notice of revocation.
A.
It shall be a violation of this article to commit or to permit any
other person to commit any of the following acts:
(1)
To lease, let, or allow the occupancy of a residential rental unit
without obtaining a residential rental license where required by this
article.
(2)
To refuse to permit inspections required under this article for a
residential rental unit.
(3)
To fail to perform the duties established by § 403-6 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 § 403-8 of this article if such person is an occupant of a residential rental unit.
(5)
To place false information on or to omit relevant information from
an application for a residential rental license.
(6)
To fail to comply with any other provision of this article.
B.
Penalties and remedies:
(1)
Allowing occupancy of a residential rental unit after the residential
rental license has been revoked: A fine will be assessed in accordance
with the schedule of fees and penalties then in effect pursuant to
a resolution of the Borough Council per residential rental unit for
each month the violation exists. Each month the violation exists constitutes
a separate violation.
(2)
Failure to seek a residential rental license:
(a)
The owner or manager shall be sent a thirty-day notice of violation,
warning them of their failure to comply with the terms of this article.
If they do not comply at the end of 30 days, there shall be a fine
determined in accordance with the schedule of fees and penalties then
in effect pursuant to a resolution of the Borough Council per residential
rental unit for each month the violation exists. Each month the violation
exists constitutes a separate violation.
(3)
Whoever violates any provision of this article shall be fined and/or
imprisoned in accordance with the schedule of fees and penalties then
in effect pursuant to resolution of the Borough Council.
(4)
In addition to prosecution of persons violating this article, the
Code Enforcement Officer, or any duly authorized agent of the Borough
may take such civil or equitable remedies in any court of record of
the Commonwealth of Pennsylvania, against any person or property,
real or person, to effect the provisions of this article.
(5)
The provisions of this section and the provisions of this article
governing revocation, suspension or nonrenewal of residential rental
licenses 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 Property Maintenance Code, Zoning Ordinance, or any other code
or regulations.
All other sections, parts and provisions of the Code of the
Borough of Clearfield shall remain in full force and effect as previously
enacted and amended.
In the event any provision, section, sentence, clause, or part
of this article shall be held to be invalid, illegal, or unconstitutional
by a court of competent jurisdiction, such invalidity, illegality,
or unconstitutionality shall not affect or impair the remaining provisions,
sections, sentences, clauses, or parts of this article, it being the
intent of Borough Council that the remainder of the ordinance shall
be and shall remain in full force and effect.
Clearfield Borough Council shall have the authority by resolution
to phase in the enactment, application and enforcement of the provisions
of this article as Clearfield Borough Council deems fit.
This article shall take effect and be in force 30 days after
its enactment.
