[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]
The words and phrases as used in this ordinance shall have the
following meanings:
AGENT
Any person or manager designated by the owner who has charge,
care, or control of a residential rental property.
BOROUGH
The Borough of Nazareth, Northampton County, Pennsylvania.
CODE
Any code or ordinance adopted, enacted, or in effect in and
for the Borough as may be amended from time to time.
CODE ENFORCEMENT OFFICER
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.
COMMON AREA
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.
DISRUPTIVE CONDUCT
A form of conduct, action, incident, or behavior perpetrated,
caused, or permitted by an occupant or guest of a residential rental
unit that:
1.
Is a violation of any Code of the Borough and subject to civil
or criminal enforcement.
2.
Is the subject of a criminal citation for disorderly conduct
or other related criminal violations.
3.
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
4.
Is the subject of a criminal citation under the Pennsylvania
Crimes Code or the Pennsylvania Liquor Code.
DISRUPTIVE CONDUCT REPORT
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.
DWELLING
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.
DWELLING UNIT
A single unit providing complete independent living facilities
for one or more persons, including permanent provisions for living,
sleeping, eating, cooking and sanitation.
EXEMPT UNIT
The following types of premises shall each be considered
exempt from the provisions of this ordinance:
1.
Owner-occupied dwellings, except for any part of the owner-occupied
dwelling is a residential rental unit
2.
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
3.
Hotels or motels used for transient guests.
GUEST
An individual on the premises of a residential rental unit
with the actual or implied consent of the occupant or owner.
LANDLORD
This term shall have the same meaning as owner.
MANAGER
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.
MULTI-UNIT BUILDING
A building containing two or more dwelling units that are
not completely separated from each other by vertical party walls.
OCCUPANT
Any person, corporation, partnership, or group occupying
a dwelling or portion thereof as a residential rental unit and subject
to a rental agreement.
OWNER
Any person who, alone or severally with others, holds legal
or equitable title to any dwelling that one or more residential rental
units.
OWNER-OCCUPIED
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.
PERSON
An individual, firm, corporation, association, or partnership.
PREMISES
A lot, plot or parcel of land including the buildings and
structures thereon.
RENTAL AGREEMENT
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.
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.
ROOMING UNIT
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.
SHORT-TERM OCCUPANT
Any person living and sleeping in a residential rental unit
for a period of 30 days or less.
SLEEPING UNIT
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.
YARD
An open space on the same lot with a structure.
[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.