[Ord. 869, 4/4/2022]
This Ordinance shall be known and may be cited as the “Nazareth
Residential Rental Ordinance.”
[Ord. 869, 4/4/2022]
1.
This ordinance
is intended to serve the following purposes:
A.
To assist
the Borough of Nazareth ("Borough”) in protecting and promoting
the public health, safety, and welfare of its citizens;
B.
To establish
rights and obligations of Owners and Occupants relating to the rental
of residential properties in the Borough and to seek that Owners and
Occupants properly maintain rental properties within the Borough;
C.
To ensure
that Owners, Managers and Occupants comply with the Borough’s
Property Maintenance Code and any other applicable ordinance, to prevent
over-crowding, to avoid nuisances for neighboring residents, and to
maintain and improve the overall quality of life in the community;
and
D.
To provide
for a system of inspections; issuance and renewal of licenses; and
establish penalties for violations.
2.
In considering
the adoption of this ordinance, the Borough makes the following findings:
A.
There
is a greater incidence of code violations at residential rental properties
than at owner-occupied residential properties.
B.
There
is a greater incidence of problems with the maintenance and upkeep
of residential rental properties than at owner-occupied residential
properties.
C.
There
is a greater incidence of disturbances which adversely affect the
peace and quiet of the community at residential rental properties
than at owner-occupied residential properties.
D.
A systematic
inspection process can assist in avoiding life-threatening problems,
such as a lack of functioning smoke detectors and other dangerous
conditions.
[Ord. 869, 4/4/2022]
The words and phrases as used in this ordinance shall have the
following meanings:
Any person or manager designated by the owner who has charge,
care, or control of a residential rental property.
The Borough of Nazareth, Northampton County, Pennsylvania.
Any code or ordinance adopted, enacted, or in effect in and
for the Borough as may be amended from time to time.
Borough appointed code enforcement officer(s) having the
duty to enforce this ordinance and other codes and ordinances of the
Borough, and any assistants or deputies thereof.
In multi-unit buildings, space which is not part of an individual
residential rental unit, and which is shared among occupants of the
building. Common areas shall be considered as part of the premises
for purposes of this ordinance.
A form of conduct, action, incident, or behavior perpetrated,
caused, or permitted by an occupant or guest of a residential rental
unit that:
Is a violation of any Code of the Borough and subject to civil
or criminal enforcement.
Is the subject of a criminal citation for disorderly conduct
or other related criminal violations.
Is a violation of the Pennsylvania Landlord and Tenant Act of
1951, as amended, relating to drug offenses set forth in 68 P.S. §
250.505-A; or
Is the subject of a criminal citation under the Pennsylvania
Crimes Code or the Pennsylvania Liquor Code.
A written report of disruptive conduct, on a form prescribed
by the Borough, to be completed by the code enforcement officer who
investigates an alleged incident of disruptive conduct or a police
report referred to the code enforcement officer by the police department
may serve as a form of disruptive conduct report.
A building that contains one or more residential rental units,
intended, or designed to be used, rented, leased, let, or hired out
to be occupied, or that are occupied for living or sleeping purposes.
A single unit providing complete independent living facilities
for one or more persons, including permanent provisions for living,
sleeping, eating, cooking and sanitation.
The following types of premises shall each be considered
exempt from the provisions of this ordinance:
Owner-occupied dwellings, except for any part of the owner-occupied
dwelling is a residential rental unit
State-licensed hospitals, nursing homes, personal care homes,
and group homes, and or other rental units used for human habitation
which offer or provide licensed medical or nursing services and wherein
all operations of such facilities are subject to county, state or
federal licensing or regulations concerning the health and safety
of the occupants. Upon request, the owner/operator or manager of such
a unit shall provide the code enforcement officer all inspection reports
as produced by the authorities or agencies having regulation jurisdiction,
and
Hotels or motels used for transient guests.
An individual on the premises of a residential rental unit
with the actual or implied consent of the occupant or owner.
This term shall have the same meaning as owner.
An adult individual designated as such by the owner of a
residential rental unit. The manager shall be the agent of the owner
for service of process and receiving notices or demands and to perform
the obligations of the owner under this ordinance.
A building containing two or more dwelling units that are
not completely separated from each other by vertical party walls.
Any person, corporation, partnership, or group occupying
a dwelling or portion thereof as a residential rental unit and subject
to a rental agreement.
Any person who, alone or severally with others, holds legal
or equitable title to any dwelling that one or more residential rental
units.
A dwelling, dwelling unit, sleeping unit, or rooming unit
in which the owner of record occupies the dwelling, dwelling unit,
or rooming unit as his primary residence and resides therein for a
minimum of 181 days per annum.
An individual, firm, corporation, association, or partnership.
A lot, plot or parcel of land including the buildings and
structures thereon.
A written agreement or other legally enforceable agreement
between landlord and tenant embodying the terms and conditions concerning
the use and occupancy of a specified residential rental unit.
An annual license issued to the owner of a residential rental
unit.
A dwelling unit, rooming unit, or sleeping unit that is not
an Exempt Unit and in which the owner of record does not occupy said
unit as their primary residence.
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
or eating purposes.
Any person living and sleeping in a residential rental unit
for a period of 30 days or less.
A room or space in which people sleep, which can also include
permanent provisions for living, eating, and either sanitation or
kitchen facilities but not both. Such rooms and spaces that are also
part of a dwelling unit are not sleeping units.
An open space on the same lot with a structure.
[Ord. 869, 4/4/2022]
1.
It shall
be the duty of every owner and manager, if any, to:
A.
Keep
and maintain the premises and all residential rental units in compliance
with all applicable Borough Codes and provisions, all applicable federal,
state, and local laws, ordinances and regulations including, but not
limited to, this ordinance.
B.
Keep
and maintain the premises and all residential rental units in good
and safe condition.
C.
Regulate
the proper and lawful use and maintenance of every residential rental
unit. Every owner or manager shall act, either through enforcement
of the rental agreement or by any other means reasonably available,
to eliminate disruptive conduct arising from the residential rental
unit.
D.
Annually
renew the registration and maintain a valid and current residential
rental license for each residential rental unit.
E.
Within
10 business days of any change in occupancy which is expected to exceed
30 days, notify the Borough of the names of all permitted occupants
and whether they are an adult or minor.
F.
Pay or
ensure payment of all real estate taxes, sewer rates, water rates,
and trash collection fees to ensure that such vital utilities are
provided.
G.
Owner
shall retain a manager when this ordinance requires that a manager
be designated.
H.
Provide
trash and recyclable collection and disposal services and instruct
occupants of the method of trash and recyclable collection (i.e.,
curbside or dumpster) and the day of the week of trash and recyclable
pickup.
I.
Provide
each occupant with a copy of this ordinance and any amendments to
this ordinance.
J.
Require
a rental agreement or written rental agreement for each residential
rental unit.
K.
Take
all actions necessary to ensure that the maximum number of occupants
for each residential rental unit does not exceed the maximum number
of occupants permitted.
2.
Designation
of Manager.
A.
If the
owner is not a full-time resident of the Borough or does not reside
within a 20-mile radius of the Borough, the owner shall designate
a person to serve as manager. The manager must reside within a 20-mile
radius of the Borough.
B.
The owner
shall provide the Borough in writing with the legal name, mailing
address, email address, and daytime and evening telephone numbers
of the manager, and such information shall be kept current and updated
within five business days of any changes.
C.
The Manager
shall be authorized to accept service of process on behalf of the
owner.
[Ord. 869, 4/4/2022]
1.
Each occupant
of a residential rental unit shall have the following duties:
A.
Comply
with all obligations of this ordinance, all applicable federal, state,
and local laws, ordinances, and regulations.
B.
Not engage
in disruptive conduct.
C.
Ensure
that all guests conduct themselves in a manner that does not constitute
disruptive conduct.
D.
Use the
trash and recycling services provided by the owner.
E.
Use the
residential rental unit for no purpose other than as described in
the rental agreement and as permitted by the Borough zoning ordinance,
as amended.
F.
Allow
a code enforcement officer to inspect the residential rental unit
at reasonable times.
G.
Not allow
persons other than those identified in the rental agreement or registration
form to reside in the residential rental unit.
H.
Take
all actions necessary to ensure that the maximum number of occupants
for each residential rental unit does not exceed the maximum number
occupants permitted.
[Ord. 869, 4/4/2022]
1.
Each bedroom
in a residential rental unit shall be a minimum area of 80 square
feet for one individual and 120 square feet for two individual overnight
occupants, respectively.
2.
The maximum
overnight occupancy of a residential rental unit shall not exceed
two individuals per bedroom except for a dwelling unit, which may
have up to two additional overnight individual occupants.
3.
The maximum
number of day guests permitted at any time shall be 50% of the maximum
overnight occupancy.
4.
An owner
or manager may request that the maximum overnight occupancy be increased
above what is permitted by this Section. Such permission shall be
in writing at the discretion of the code enforcement officer after
inspection of the residential rental unit. In assessing whether to
grant such a request, the code enforcement officer shall review several
factors, including, but not limited to the total area and layout of
the residential rental unit, the adequacy of bathroom and sanitation
facilities, and the availability of off-street parking.
[Ord. 869, 4/4/2022]
1.
The code
enforcement officer shall investigate alleged incidents of disruptive
conduct and shall complete a disruptive conduct report upon a determination
that the reported incident constitutes disruptive conduct as defined
under this ordinance. The information filed in the disruptive conduct
report shall include, if possible, the identity of the perpetrator(s)
and all other reasonably obtainable information, including the factual
basis for the incident. A copy of the disruptive conduct report shall
be served upon an occupant listed in the rental agreement and the
owner or manager. The disruptive conduct report shall count against
all occupants of the residential rental unit.
2.
An occupant
listed on the rental agreement, or an owner aggrieved by a disruptive
conduct report, shall have 20 days from service of a disruptive conduct
report to file an appeal with the Borough council law committee.
3.
It is
unlawful for any occupant to cause or permit a third disruptive conduct
violation within any twelve-month period. If any occupant or guest
of a residential rental unit is involved in a third disruptive conduct
violation within any twelve-month period, the occupants shall be subject
to eviction. The code enforcement officer shall serve written notice
of violation upon the owner or manager and a minimum of one occupant
listed on the rental agreement that the residential rental unit shall
be vacated (“eviction order”). Owner shall begin eviction
proceedings within 20 days after service of an eviction order an owner
or manager and shall continue such proceedings to completion, without
interruption, unless the subject occupants vacate the rental unit.
Once an eviction order is issued by the code enforcement officer,
those occupants shall not be permitted to occupy any area in the residential
rental unit or related premises for a minimum period of two years
commencing upon eviction. In addition, once an eviction order is issued
by the code enforcement officer, those occupants shall not, for the
aforesaid minimum two-year period, be permitted to occupy any residential
rental unit within the Borough that is owned by the same owner.
A.
Failure
of owner to comply with an eviction order shall result in suspension
or revocation of the rental license as determined by the code enforcement
officer and shall be a violation of this ordinance.
B.
This
ordinance shall not limit the ability of an owner to evict tenants
in compliance with state law for reasons other than violations of
this ordinance.
C.
The code
enforcement officer shall maintain a list of all adult occupants who
were ordered to be evicted and the affected addresses. Such list will
be maintained for a minimum of three years and shall be available
for public review.
[Ord. 869, 4/4/2022]
1.
Registration
and receipt of a residential rental license shall be required for
all residential rental units intended to be rented or occupied by
a person other than the owner. Not later than January 31 of each year,
the owner or manager shall register or renew the registration for
each residential rental unit. Registration information shall be submitted
on a form provided by the Borough and upon successful registration
the owner shall receive a one year residential rental license valid
until January 31 of the following calendar year.
2.
A residential
rental license shall not be issued or renewed until:
A.
The owner
has paid in full all overdue real estate taxes, water, sewage, garbage
collection fees or fines or costs arising from enforcement of this
ordinance or any Code of the Borough, and
B.
The owner
has provided all necessary contact information concerning a manager,
if applicable, and has provided a list of current occupants and whether
they are an adult or minor.
3.
Owner
shall, within 10 business days of any change in occupancy which is
expected to exceed 30 days, notify the Borough of the names of all
occupants who are not short-term occupants.
[Ord. 869, 4/4/2022]
1.
The code
enforcement officer shall schedule and conduct inspections of residential
rental units providing the owner or manager a minimum of 10 days'
notice. The owner is responsible for notifying and coordinating with
occupants for the inspection to be executed. Each residential rental
unit shall be inspected a minimum of one inspection every five years
according to the established inspection schedule or on an as needed
basis. The Borough is not obligated to complete all inspections within
the inspection schedule. If the Borough is not able to complete an
inspection within a designated year, the Borough may inspect the unit
in a subsequent year.
2.
The code
enforcement officer shall perform an inspection of the residential
rental unit to ensure that the residential rental unit meets all the
requirements of the Code of the Borough, including, but not limited
to, the International Property Maintenance Code, the Uniform Construction
Code, the International Fire Code, the terms and conditions of this
section, and any other applicable provisions of the Code of the Borough
or the laws of the Commonwealth.
3.
The code
enforcement officer is authorized and directed to make inspections
to determine compliance with this ordinance. For this purpose, the
code enforcement officer, or their designated agent, are authorized,
upon jurisdiction based on a valid complaint, on official annual inspection,
or information, and upon showing adequate identification, to enter
and examine any dwelling or other building, yard, or part of either,
at all reasonable times, and every owner, manager or occupant shall
provide them free access to it. Nothing in this section shall be deemed
to limit or restrict the ability of the Borough to conduct inspections
of any residential rental unit as deemed necessary to enforce any
ordinance of the Code of the Borough or the laws of the Commonwealth.
4.
Every
occupant of a residential rental unit shall give the owner thereof,
or his agent or employee, access to any part of such dwelling or dwelling
unit, or its premises, at all reasonable times for the purpose of
making such repairs or alterations as are necessary to effect compliance
with the provisions of this ordinance or with any lawful rule or regulation
adopted or any lawful order issued pursuant to the provisions of this
ordinance.
5.
A passing
inspection by itself shall not warrant that a residential rental unit
is lawful, safe, habitable or in compliance with all Borough Codes.
6.
Administrative
Warrant. If a code enforcement officer is scheduled and entry is refused
or cannot be obtained, the code enforcement officer shall have recourse
to every remedy provided by law to secure lawful entry and inspect
the premises including, but not limited to, securing an administrative
warrant as permitted by Pennsylvania Law.
[Ord. 869, 4/4/2022]
1.
Every
residential rental registration or renewal shall be accompanied by
a residential rental registration fee in an amount established by
Borough Council and set forth in the Borough's Schedule of Fees. The
registration/renewal fee shall be paid by January 31 of each year
or additional late fees shall apply.
2.
An inspection
fee shall be charged to each owner of a residential rental unit within
30 days of an inspection in an amount established by Borough Council
and set forth in the Borough's Schedule of Fees. There shall be no
additional fee if one reinspection is needed because the unit was
found to be in violation during the initial inspection. However, there
shall be an additional fee for each additional reinspection subsequent
to the first reinspection, when reinstatement of a license previously
revoked is applied for, or when the code enforcement officer is unable
to gain access at the time scheduled.
[Ord. 869, 4/4/2022]
1.
When the
code enforcement officer determines that there exists a violation
of any provision of this ordinance, the code enforcement officer shall
give written notice of such violation to the owner or manager. Such
written notice shall be served by hand delivery in the form of a field
report, or a letter sent registered or certified mail and by electronic
mail, if applicable, to the owner or manager. In the event such notice
cannot be served as stated above for any reason, such notice may then
be served by posting it in a conspicuous portion of the dwelling and
such posting shall be considered good and sufficient notice.
2.
The notice
shall specify the violation which exists and a reasonable time within
which to correct it. The notice may also describe a course or remedial
action which will affect compliance with this ordinance.
3.
Any person aggrieved by a decision, or an action of the code enforcement officer may appeal to the Borough Council Law Committee for a review of the decision in accordance with procedures prescribed by the Law Committee. If an appeal is filed within 10 days after receipt of the notice of decision or action of the code enforcement officer, compliance with a notice of violation shall not be required when the appeal is pending before the Law Committee or before a court, except as provided in Subsection 4 below.
4.
Whenever the code enforcement officer determines that a violation of this ordinance creates an emergency requiring immediate correction to protect the health or safety of any occupant of a dwelling or the public, the code enforcement officer may issue a notice of violation reciting the existence of the emergency and requiring necessary action to be taken immediately. Any person to whom such notice is directed shall comply immediately even though an appeal is taken to the Law Committee. Any person aggrieved by such notice of violation may appeal to the Committee as provided in Subsection 3 above. The Committee shall give priority to such appeal. If a dangerous violation cannot be promptly corrected, the residential rental license shall be revoked, and the owner shall take immediate steps to evict the occupants and/or to locate alternative housing for the occupants.
[Ord. 869, 4/4/2022]
1.
Any person
who violates a provision of this ordinance shall upon conviction thereof
before a District Magistrate be liable to pay the following penalties:
A.
First
violation at a dwelling with no prior violations in the previous 12
months: a fine of $200.
B.
Second
violation at a dwelling within a twelve-month period: a fine of $500.
C.
Third
and each subsequent violation at a dwelling within a twelve-month
period: a fine of $1,000 and revocation of residential rental license.
D.
If owner
or manager permits occupancy of a residential rental unit without
the owner or manager first obtaining a residential rental license,
a fine of $1,000 shall apply.
2.
For each
week that a violation continues to exist after the time limit established
for correction of the violation by a code enforcement officer, a separate
violation shall have been deemed to occur, requiring an additional
fine.
3.
A residential
rental license shall be prohibited from renewal or shall be revoked
at the discretion of the code enforcement officer if the residential
dwelling unit is consistently in violation of the Borough Code and
is a danger to the public health, safety, and welfare of the occupants
or residents of the Borough.
4.
A residential
rental license shall be reinstated if the owner or manager corrects
the reason for the revocation and pays any outstanding fees or costs.
[Ord. 869, 4/4/2022]
A residential rental license shall not be transferred. In the
case of a sold or transferred dwelling which contains residential
rental units, the new owner shall re-register each residential rental
unit in the owner’s name and comply with all requirements of
this ordinance. Failure to apply for a residential rental license
within 30 days after transfer of ownership shall result in revocation
of the residential rental license(s) obtained by the prior owner for
all applicable residential rental units.
[Ord. 869, 4/4/2022]
If any section, clause, provision, or portion of this ordinance
shall be held invalid or unconstitutional by a Court of competent
jurisdiction, such decision shall not affect any other section, clause,
provision, or portion of this ordinance which can be given affect
without the invalid provision or application, and to this end, the
provisions of this ordinance are declared severable.
[Ord. 869, 4/4/2022]
All existing ordinances of the Borough or parts thereof which are inconsistent with the provisions of this ordinance are hereby repealed. This ordinance hereby expressly repeals Chapter 13, Part 2, Residential Rental Property Registration, Licensing and Inspection, last amended by Ordinance No. 799, adopted August 4, 2014.
