This article shall be known and may be cited as the "Short-Term
Rental Ordinance of East Stroudsburg Borough."
Under the authority of the Pennsylvania Borough Code [including,
but not limited to, under Articles XII, XXXII-A and XXXIII of such
law including, but not limited to, Section 1202, Subsections (1),
(3), (4), (5), (8), (14), (15), (20), (61) and (65), Section 32A04, and Section 3108], the following new ordinance text is hereby adopted as Article
III of Chapter
124 in the Codified Ordinances of East Stroudsburg Borough.
The provisions of this article shall apply to all residential
dwelling units, conversions of nonresidential structures to residential
dwellings, and all existing premises within the Borough of East Stroudsburg.
The owner of the subject premises shall be responsible for compliance
with the provisions of this article and the failure of an owner, manager,
or renting occupants to comply with the provisions of this article
shall be deemed noncompliance by the owner.
As used in this article, the following terms shall have the
following meanings. If a term is not defined in this article, but
is defined in the Borough's Property Maintenance Code or Uniform
Construction Codes, then that definition shall apply to this article. If a
term is not defined in any of those codes, but is defined elsewhere
in the Borough Code, then the definition in such chapter shall apply
to this article.
CODE ENFORCEMENT OFFICER (CEO)
The Borough-appointed Code Enforcement Officer(s) having
the duty to enforce this article and the Code and any assistants or
deputies appointed by the Borough. At the discretion of Borough Council,
an independent entity or contractor may be appointed to enforce part
or all of this function under this article.
FAMILY
A.
One or more individuals related by blood, marriage or adoption
(including persons receiving formal foster care) or up to four total
unrelated individuals who maintain a common household and live within
one dwelling unit, except as provided otherwise in the Code. For this
purpose, "related" shall mean persons who are related by blood, marriage,
adoption, civil union recognized by any state, or formal foster relationship
to result in one of the following relationships: spouse, brother,
sister, parent, child, grandparent, great-grandparent, grandchild,
great-grandchild, uncle, aunt, niece, nephew, sister-in-law, brother-in-law,
parent-in-law or first cousin. "Step" relationships shall also be
included, such as stepmother. "Related" shall not include any relationship
further than direct first cousins.
B.
Notwithstanding the above definition, a family shall also be
deemed to include any number of mentally or physically handicapped
persons occupying a dwelling unit as a single, nonprofit housekeeping
unit, if such occupants are handicapped persons as defined in Title
VIII of the Civil Rights Act of 1968, as amended by the Fair Housing
Amendments Act of 1988. Such unrelated individuals shall have the
right to occupy a dwelling unit in the same manner and to the same
extent as any family unit as defined above.
SHORT-TERM RENTAL
Any residential dwelling unit utilized as a single-family
residence rented for the purpose of overnight lodging for a period
of not less than one day and not more than 30 days, and which meets
the definition of "hotel" for the purpose of imposing an excise tax
by the County of Monroe as defined in the County of Monroe Ordinance
No. 2004-03, as amended.
No owner of any premises in East Stroudsburg Borough shall operate
a short-term rental in East Stroudsburg Borough without first obtaining
a short-term rental license from the Code Enforcement Officer. Operation
of a short-term rental without such short-term rental license is a
violation of this article.
The marketing of a short-term rental in which the advertised
occupancy exceeds the maximum occupancy requirements permitted by
this article, or which promotes any other activity which is prohibited
by this article, shall be a violation of this article.
If it appears to an enforcement officer that a violation of
this article exists or has occurred, the enforcement officer shall
send a written notice of violation to the owner and/or manager (if
one is so designated) by personal delivery or by both United States
first class and certified mail. The enforcement notice shall identify
the premises which is the subject of the violation, enumerate the
conditions which constitute the violation, cite the specific sections
of this article which are violated, indicate the action required to
correct the violation, and provide a time frame (established by the
enforcement officer based upon the nature of the violation) to correct
the violation.
In the interest of promoting the public health, safety and welfare,
and minimizing the burden on Township and community services and impacts
on community neighborhoods posed by short-term rentals, a violation
of any of the provisions of this article is declared to be a public
nuisance.
If the premises are owned by more than one owner, each owner
shall jointly and severally be responsible for violations of this
article.
If any section, provision or portion of this Ordinance shall
be held invalid or unconstitutional by any court of competent jurisdiction,
such decision shall not affect any other section, clause, provision
or portion of this Ordinance so long as it remains legally enforceable
minus the invalid portion. The Borough reserves the right to amend
this Ordinance or any portion thereof from time to time as it shall
deem advisable in the best interest of the promotion of the purposes
and intent of this Ordinance, and the effective administration thereof.
All ordinances or parts of ordinances which are inconsistent
herewith are hereby repealed.
This Ordinance shall become effective five days after enactment.