[HISTORY: Adopted by the City Council of the City of Lancaster as indicated in article histories. Amendments noted where applicable.]
[Adopted 2-10-2009 by Ord. No. 1-2009[1]; amended in its entirety 9-27-2022 by Ord. No. 18-2022. Subsequent amendments noted where applicable.]
[1]
Editor's Note: This ordinance also repealed former Ch. 238, Rental Property, adopted 9-9-2008 by Ord. No. 12-2008.
A. 
Purposes.
(1) 
The provisions of this article shall apply to any structure or part thereof that is or shall be used as a residential rental property or residential rental unit and constitutes the minimum requirements and standards for the premises, structures, equipment and facilities for light, ventilation, space, heating, sanitation, protection from the elements, life safety, safety from fire and other hazards, and for safe and sanitary maintenance in the City of Lancaster, Lancaster County, Pennsylvania.
(2) 
This article governs the inspection, maintenance and issuance of licenses for such residential rental properties and residential rental units within the City of Lancaster.
(3) 
This article repeals and replaces any previous ordinance addressing residential rental licenses and/or the inspection and maintenance of residential rental properties and residential rental units and specifically those referenced in Chapter 238 of the Code of the City of Lancaster. It is the intent of the City Council of the City of Lancaster for this single article to govern with regard to the licensing of residential rental properties and residential rental units located within the City. Other ordinances, including but not limited to those relating to property maintenance, Building Code standards, and Fire Code standards shall, however, continue to apply and shall not be repealed hereby.
B. 
Findings.
(1) 
This article is enacted under the authority of the Third Class City Code of the Commonwealth of Pennsylvania.[1]
[1]
Editor's Note: See 11 Pa.C.S.A. § 10101 et seq.
(2) 
In general, there is a greater incidence and greater severity of violations of various codes of the City of Lancaster at residential rental properties then at owner-occupied residential properties.
(3) 
In general, there is a greater incidence of maintenance and upkeep problems with residential rental properties than owner-occupied residential properties.
(4) 
In general, there is a greater incidence of disturbances which adversely affect the peace and quiet of the neighborhood caused by persons of residential rental property than owner-occupied residential properties.
(5) 
Systematic inspection processes can avoid life-threatening problems, such as lack of functioning smoke detectors and other dangerous Code violations.
(6) 
Licensing systems such as the one adopted hereby provide the City and emergency responders with up-to-date information to utilize for critical communication purposes and to assure that tenants are properly protected and reside in safe and habitable properties.
(7) 
A residential rental property licensing program provides an efficient system for compelling both absentee and local landlords to correct violations and maintain, in proper condition, residential rental properties within the City.
(8) 
The City of Lancaster's Discrimination Ordinance codified in Chapter 125 of the Code of the City of Lancaster mandates equal opportunity for all persons concerning employment, housing and commercial property, education, public accommodations, lending practices and real estate practices without regard to race, color, religion, ancestry, national origin, sex, age, familial status, sexual orientation, marital status, possession of a GED, handicap or disability or the use of a support animal or because the user is a handler or trainer of support or guide animals. The City of Lancaster's residential rental property licensing program shall be administered without discrimination.
(9) 
The following is a non-exhaustive list of laws, codes, ordinances and standards that are applicable to the City of Lancaster Residential Rental Licensing Program:
(a) 
International Property Maintenance Code (Chapter 223 of the Code of the City of Lancaster);
(b) 
Federal Fair Housing Law, Title VIII of the Civil Rights Act of 1968;
(c) 
International Fire Code (Chapter 142 of the Code of the City of Lancaster);
(d) 
City of Lancaster Discrimination Ordinance (Chapter 125 of the Code of the City of Lancaster);
(e) 
Uniform Construction Code (Chapter 116 of the Code of the City of Lancaster); and
(f) 
City of Lancaster Zoning Ordinance (Chapter 300 of the Code of the City of Lancaster).
The terms used herein shall have the meaning ascribed to them in the City's Property Maintenance Code, codified as Chapter 223 of the Code of the City of Lancaster. Additionally, the following words, terms, and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:
CITY
The City of Lancaster, Lancaster County, Pennsylvania.
CODE OFFICIAL
Any inspector or employee of the City empowered to act as a Code Official by the Director of the Department of Community Planning and Economic Development including without limitation: bureau chiefs, deputy directors, technical officers, and inspectors. When acting within the scope of their appointment, Code Officials shall have the power of a police officer of the City of Lancaster; provided, however, that under no circumstances shall they have the power of arrest.
DISRUPTIVE CONDUCT
A. 
Any act by an occupant of a residential rental unit or by a person present at a residential rental unit that:
(1) 
Is so loud, untimely as to the time of day, and/or nuisance-causing that it unreasonably interferes with the peaceful enjoyment by other persons of their premises or causes damage to property that is owned by others;
(2) 
Involves music or noise that is disruptive to persons occupying a different dwelling unit;
(3) 
Involves music that is audible from a street, sidewalk or dwelling from a minimum distance of 50 feet away from where the sound is originating;
(4) 
Is the subject of a criminal citation for disorderly conduct under the Pennsylvania Crimes Code;[1]
(5) 
Is the subject of a criminal citation under the Pennsylvania Crimes Code or the Pennsylvania Liquor Code;[2]
(6) 
Involves the illegal possession of a controlled substance or drug paraphernalia as defined by the Crimes Code or the Controlled Substance, Drug Device and Cosmetic Act.[3]
B. 
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 will 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 or, if applicable, the responsible agent shall be notified of any such occurrences, in writing.
C. 
A domestic victim with a protection from abuse order shall not be subject to a disruptive conduct report if the police officer determines, after investigation, that the behavior complained of is the result of domestic violence.
DISRUPTIVE CONDUCT LETTER
A letter from the City advising that a disruptive conduct report has been filed and containing the date and time of the occurrence; a description of the conduct; and information regarding rights to appeal a finding of disruptive conduct.
DISRUPTIVE CONDUCT REPORT
A written report of disruptive conduct to be completed by a police officer, which shall be maintained by the Bureau of Police.
DWELLING
A building or part thereof occupied as a residence.
DWELLING UNIT
A single unit providing independent living facilities for one or more persons, including provisions for living, sleeping, eating, cooking and sanitation. For purposes of this article, a dwelling unit includes, amongst other dwelling units, a single apartment or efficiency, a single-family house, a dwelling unit within a multifamily house, and dwelling units within other types of facilities.
HOTEL
A commercial lodging establishment that offers units for sleeping purposes to transient guests and which provided twenty-four-hour service for receiving and assisting guests.
OCCUPANT
Any person over one year of age living and sleeping in a residential rental unit or having actual possession of such residential rental unit.
OWNER
Any person, agent, operator, housing authority or fiduciary having legal, equitable or other interest in any real property; as recorded in the official records of the state, county or municipality as holding title to the real property; or otherwise having control of the real property, including the guardian of the estate of such person and the executor or administrator of such person's estate. When used in this article in a clause proscribing any activity or imposing a penalty, the term, as applied to partnerships and associations, shall mean each general party; as applied to corporations, the officers thereof; and as applied to limited liability companies, the members and any managers thereof.
PROPERTY MANAGER
An individual or business certified or licensed by the Commonwealth of Pennsylvania to manage residential rental property, or who takes responsibility for the care, maintenance, tenant management and supervisions of the residential rental property under contract with the owner, including receiving notices, citations, or other mail from the City on behalf of the owner.
RELATED PARTY
Any spouse or child of an owner, or any corporation, limited liability company, partnership or other entity in which the owner, the owner's spouse or an owner's child has an ownership interest, whether equitable or legal.
RESIDENTIAL RENTAL LICENSE
A document issued by the Bureau of Property Maintenance and Housing Inspections of the City of Lancaster to the owner and property manager. If applicable, of a residential rental unit certifying the residential rental unit as licensed for being rented, hereinafter referred to as "license."
RESIDENTIAL RENTAL PROPERTY
Any parcel of real estate, including land and all buildings and appurtenant structures and dwellings thereon that contain therein one or more residential rental units. Whenever the word "property" is used herein, it shall mean residential rental property as defined by this definition.
RESIDENTIAL RENTAL UNIT
A dwelling let for rent; or a residential unit occupied by any persons other than are 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, each individual until in a two-family dwelling, and each rooming unit shall be considered a separate residential rental until. A residential rental unit shall not include a hospital room utilized for medical services. Whenever the word "unit" is used herein, it shall mean "residential rental unit" as defined by this definition.
RESPONSIBLE AGENT
Any person or entity that serves as the principal contact for an owner that does not reside in Lancaster County, Pennsylvania.
ROOMING HOUSE/BOARDING HOUSE (DORMITORY)
A building arranged or occupied for lodging, with or without meals, for compensation and not occupied as a one- or two-family dwelling.
ROOMING UNIT
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.
SHORT-TERM RENTAL
A fully furnished single-family dwelling that is rented on a short-term basis by written contract to registered guests visiting the Lancaster area and that is not occupied by an owner or manager. Guests have use of the facilities as provided for in any contract or agreement with the owner or management company, and no services, such as meals or house cleaning, are provided to the guests.
TENANT
An occupant of a unit with whom a legal relationship with the owner is established by a lease or other enforceable agreement under the laws of the Commonwealth of Pennsylvania.
[1]
Editor's Note: See 18 Pa.C.S.A. § 101 et seq.
[2]
Editor's Note: See 47 P.S. § 1-101 et seq.
[3]
Editor's Note: See 35 P.S. § 780-101 et seq.
A. 
A license must be issued prior to the occupancy of the dwelling unit as a residential rental unit.
B. 
Issuance of a license is subject to:
(1) 
Submission of the rental license application;
(2) 
Payment of license fee according to the fee structure established from time-to-time by resolution of City Council;
(3) 
Confirmation that a responsible agent for the property has been designated, if required;
(4) 
Confirmation that there are no outstanding water, sewer, solid waste or recycling fees or municipal taxes owed to the City related to such property or residential rental unit;
(5) 
An initial inspection verifying that the property is compliant with all provisions of Chapter 223 and all other applicable codes and ordinances of the City; and
(6) 
All other provisions in this article are met.
C. 
Each license shall remain in force for two years from the date of issuance unless sooner revoked in accordance with the Code of the City of Lancaster, with the exception of short-term rentals. Short-term rental licenses will remain in force for one year from the date of issuance and must be renewed annually.
D. 
No owner or property manager may offer for rent or assist in offering for rent, by advertising or otherwise, any residential rental unit without first obtaining a license.
E. 
Licenses will be in the form of and contain the information set forth in the policies and procedures promulgated pursuant to this article.
F. 
Licenses may be transferred to a new owner at the time a property is sold. A rental license application must be submitted with updated contact information of new owner within 10 days of sale. Such notice shall include the name and address of the person succeeding to the ownership or control. When as part of a property sale agreement or transfer the owner of a single-family residential property negotiates a post-settlement agreement to stay in the property after the transfer of ownership to the purchaser for 180 days or less, the property is not required to have a license. The fee for transferring a license shall be set from time to time by resolution of City Council.
The issuance of a license is not a representation by the City that the residential rental unit and/or the building in which it is located is in compliance with the codes. The issuance of a license indicates that the residential rental unit did not have any patently dangerous conditions as of the date of inspection. However, neither the enactment of this article nor the issuance of a license shall impose any liability upon the City for any errors or omissions which resulted in the issuance of such license, nor shall the City bear any liability not otherwise imposed by law.
A. 
The City may revoke or suspend a license for violation of any provision of this article.
B. 
If the City revokes or suspends a license, the City will issue a notice to the owner and/or responsible agent and property manager that the license has been revoked or suspended.
C. 
Renting a residential rental unit following the revocation or suspension of a license will be subject to the penalties set herein.
D. 
If a license is revoked or suspended and the residential rental unit is vacant, it shall remain vacant until such time as the license is reinstated.
E. 
In order to reinstate the license, the owner must pay the reinstatement fee established from time to time by resolution of City Council, and reapply for a license.
A. 
All property owned by the Lancaster City Housing Authority (LCHA) which is inspected annually by that agency to assess compliance with federal standards established by the United States Department of Housing and Urban Development or state standards established by the Pennsylvania Housing Finance Agency shall be exempt from the licensing provisions of this article. Such properties shall, however, be subject to all other provisions of this article. The inspection provisions of this article shall, however, remain applicable.
B. 
LCHA agrees to pay a one-time registration fee for any residential high rise and a one-time fee for all LCHA-owned scattered site properties (no per-property fee). This fee will be established from time to time by resolution of City Council.
C. 
All property possessing a current residential health care facilities license issued by the Commonwealth of Pennsylvania may apply to be exempt from the licensing fee provisions of this article in the manner provided for by the City and shall receive said exemption upon submission of a formal request for exemption and a copy of the current residential health care facilities license issued by the Commonwealth of Pennsylvania.
D. 
Hotels, if they are certified and inspected by the state.
It shall be the duty of every owner or property manager of a residential rental property to:
A. 
Obtain and maintain a license for each residential rental unit.
B. 
Keep and maintain all residential rental units in compliance with all applicable codes, ordinances and provisions of all applicable local and state laws and regulations, including but not limited to Chapter 223, Property Maintenance, Chapter 182, Lead Poisoning Prevention and Lead Hazard Control, and Chapter 300, Zoning.
C. 
Be aware of, and to act to eliminate, disruptive conduct in all residential rental units.
D. 
Employ policies to manage the residential rental units under his/her control in compliance with the provisions of this article and applicable state laws.
E. 
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.
F. 
Maintain and make copies of all written leases under which each residential rental unit is occupied and available for inspection upon request of the Code Official. Such written leases shall indicate the name of the occupants of each residential rental unit and the term of the lease.
G. 
Provide instructions for trash and recyclable collection and disposal (e.g., curbside or dumpster) and, if applicable, the day of week of trash and recyclable pickup.
H. 
Provide each tenant with a disclosure statement containing the requirements of this article, including the provisions relating to disruptive conduct. Providing a copy of this article to each tenant will satisfy this requirement.
I. 
Provide, upon request of the City, a written rental agreement for each residential rental unit which shall include the names of all permitted occupants and their relationship to each other.
J. 
Owners or property managers shall display the license in the residential rental unit for which it was issued.
K. 
The owner or property manager must also post along with the license:
(1) 
The evenings on which trash and recycling are to be placed curbside for collection.
(2) 
Lead poisoning prevention education material provided by the City.
L. 
Any owner to whom a license has been issued or any owner of property who subsequently changes her/his place of residence or who changes the designation of a responsible agent shall notify, in writing, the Bureau of Property Maintenance and Housing Inspections within 10 days after such change.
A. 
The owner may contract a property manager to manage residential rental units under their ownership. If the owner has contracted with a property manager, the owner shall provide the City with a designation of authorized property manager form or a copy of the contract within 10 days of signed contract.
B. 
The owner is required to provide an updated designation of authorized property manager form or a copy of the contract within 10 days if the property manager changes.
C. 
A property manager shall be authorized to receive notices and communications necessary or deemed to be appropriate under the terms of the codes of the City of Lancaster on behalf of the owner, including notices of violations and citations; provided, however, that nothing contained herein shall affect the right of the City of Lancaster to submit notices and communications directly to the owner, rather than to the property manager. All duties in this article are the ultimate responsibility of the owner.
A. 
If the owner has contracted with a property manager, the property manager shall be jointly and separately responsible to fulfill all of the obligations set forth in this article and each shall be separately subject to prosecution for the violation of this article. All duties in this article are the ultimate responsibility of the owner of the property.
B. 
If any residential rental unit is owned by more than one person or entity, in any form of joint tenancy, as a partnership or otherwise, each person or entity shall be jointly and separately responsible for the duties imposed under the terms of this article and shall be separately subject to prosecution for the violation of this article.
A. 
If the owner, officer, or partner of the company owning the property is not a full-time resident of the County of Lancaster, then the owner shall designate a person to serve as a responsible agent who does reside within the County of Lancaster.
B. 
If the owner is required to designate a responsible agent, the owner shall provide the City with a designation of responsible agent form signed by the owner and the responsible agent at the time of application for a license. A post office box shall not be considered a valid address.
C. 
The owner is required to provide an updated designation of responsible agent form signed by the owner and the responsible agent within 10 days if the responsible agent changes.
D. 
A responsible agent shall be authorized to receive notices and communications necessary or deemed to be appropriate under the terms of the codes of the City of Lancaster on behalf of the owner; provided, however, that nothing contained herein shall affect the right of the City of Lancaster to submit notices and communications directly to the owner, rather than to the responsible agent. All duties in this article are the ultimate responsibility of the owner of the property.
A. 
It shall be the duty of every occupant of a residential rental property to:
(1) 
Comply with all obligations of this article and all applicable codes and City ordinances, as well as all state laws and regulations.
(2) 
Conduct himself/herself and require other persons, including, but not limited to, guests on the property and within his/her residential rental unit with his/her consent, to conduct themselves in a manner that will not disturb the peaceful enjoyment of adjacent or nearby dwellings by people occupying the same.
(3) 
Not engage in, nor tolerate, nor permit others on the property to cause damage to the residential rental unit or engage in disruptive conduct, or other violations of this article, City ordinances, or applicable state laws.
(4) 
Use the trash and recyclable collection services.
(5) 
Use the residential rental unit for no purpose other than as a residence or as permitted by Chapter 300, Zoning.
(6) 
Maintain the residential rental unit in a manner meeting all requirements for occupants of structures set forth in the codes.
(7) 
Allow the Code Official to inspect the residential rental unit in accordance with this article at reasonable times.
(8) 
Not allow persons other than those identified on the lease to reside in the residential rental unit.
(9) 
Not permit the possession of, serving to or consumption of alcoholic beverages by underage persons.
B. 
This article shall not be construed as diminishing or relieving the responsibility of occupants or their guests for their conduct or activity.
A. 
It is the right of every tenant and resident to report any alleged violation of City codes to the appropriate City official. An owner or property manager shall not evict a tenant in retaliation for the reporting of alleged code violations as defined in Chapter 182 and Chapter 223 of the City Code. This defense to eviction shall not be available to tenants or occupants being evicted pursuant to disruptive conduct provisions in § 238-15 of this article.
B. 
If, in an appeal proceeding, a Magisterial District Judge determines that an owner or property manager has evicted the tenant in retaliation for notifying the City of code violations as defined in the City Code, and specifically Chapter 182 and Chapter 223, the City may revoke the license for the residential rental unit previously occupied by the tenant and not allow a new license to be issued for a period of up to one year.
A. 
It shall be the duty of all owners, property managers, and occupants to provide access to City officials to all residential rental units subject to inspections hereunder, and failure to permit such access shall be deemed a violation of this article. The submission of an application for a license hereunder constitutes assent by the owner of the property described in the application to the inspection of the premises by the Code Official during reasonable hours.
B. 
For purposes of enforcing this article, the Code Enforcement Official or his designee may seek to obtain an administrative warrant issued by a competent authority for the purpose of compelling an inspection of a residential rental unit and all costs thereof, including attorney's fees, will be the responsibility of the owners.
C. 
If requested, the Code Official or his authorized representative shall disclose proper credentials of their respective offices for the purpose of inspecting any and all structures and properties in the performance of their duties under this article.
A. 
Upon receipt of the first application for a license for a residential rental unit, the Code Official will inspect the residential rental unit.
B. 
In the event the residential rental unit is not in compliance with the codes of the City of Lancaster, the Code Official shall notify the applicant in writing and shall specify the noncompliance with the Code. Upon abatement of the violations, the Code Official shall reinspect the property and/or residential rental unit.
C. 
If any violation still exists, the Code Official will schedule reinspections and the owner will be charged a fee for each reinspection as established from time to time by resolution of City Council.
D. 
The license will be issued only after the Code Official determines the dwelling is in compliance with provisions in Chapter 223, Property Maintenance.
A. 
The City will systematically inspect all residential rental properties no less frequently than every six years as set forth in the policies and procedures.
B. 
A fee for not appearing at the scheduled periodic systematic inspection established from time to time by resolution of City Council will be charged to the owner.
C. 
These periodic inspections shall occur notwithstanding the fact that more frequent or other inspections may be required and be conducted in the investigation of complaints regarding the dwelling, or as deemed necessary by City Code Officials, for reasons such as reasonable threats to the safety of occupants of the residential rental unit, reasonable threat to the safety of users of rights-of-way and adjoining properties and reasonable concern that the residential rental unit is the subject of additional code violations.
A. 
Other inspections of a residential rental property may occur, including, without limitation:
(1) 
Prior to the initial occupancy of newly constructed residential rental units, newly erected residential rental units, or substantially rehabilitated residential rental units;
(2) 
Prior to the sale of any residential rental unit or the structure in which it is located;
(3) 
Upon a change in occupancy of the residential rental unit;
(4) 
Upon receipt of complaints regarding any residential rental property subject to this article;
(5) 
Upon the occurrence of disruptive conduct at such residential rental unit;
(6) 
When residential rental units of the owner or any related party of the owner receive three notices of violation within any twelve-month period; or
(7) 
For any other reasonable cause.
B. 
This article shall not be construed as to limit any Code Official's or law enforcement's authority to conduct inspections or enforcement actions under City ordinances or the Code of the City of Lancaster, or valid search warrants, or to require that a property be made available for inspection whenever there is probable cause that a violation of City ordinances and/or the Code of the City of Lancaster may be present.
C. 
Within the limitations of federal and state law, a Code Official may apply to a Magisterial District Judge or Justice having jurisdiction for an administrative search warrant to enter and inspect a property subject to the provisions of this article. In addition, for any other reasons available at law or in equity, such warrant process is authorized for access to the property that cannot be obtained, is denied, or in the event of exigent circumstances.
A. 
Occupant(s) at residential rental units shall not engage in disruptive conduct, nor tolerate, nor permit others on the property to cause damage to the residential rental unit or engage in disruptive conduct.
B. 
The disruptive occupants, upon eviction, shall not reoccupy any residential rental unit in the same property 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 responsible agent's, right to initiate eviction actions prior to the issuance of the third disruptive conduct letter in a twelve-month period.
A. 
Police officers may investigate alleged incidents of disruptive conduct. A police officer shall complete a disruptive conduct report upon a finding that the reported incident constitutes disruptive conduct as defined herein. 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.
B. 
When a police officer completes a disruptive conduct report at a residential rental unit, a disruptive conduct letter shall be issued to the occupant, owner and property manager, if applicable, within 30 days of the occurrence of the alleged disruptive conduct. 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 hereof.
C. 
After three disruptive conduct incidents are documented by disruptive conduct reports in any twelve-month period involving an occupant or person present at the same residential rental unit, the owner shall have 30 days from the date of the mailing of the third disruptive conduct letter to begin eviction proceedings against the occupants.
D. 
The owner/agent must submit a copy of the document indicating the eviction process has begun to the Bureau of Property Maintenance and Housing Inspections. Failure to take such action will result in the immediate revocation of the license.
E. 
The residential rental unit involved shall not have its license reinstated until the reinstatement fee is paid and the disruptive occupants have been evicted, the Magisterial District Judge has ruled in the occupants' 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.
F. 
After three disruptive conduct incidents documented by disruptive conduct reports in any twelve-month period involving an occupant or person present at the residential rental unit of a short-term rental, the license of that property will be suspended for one year.
The Director of Community Planning and Economic Development is hereby authorized to promulgate policies and procedures for the implementation of the provisions of this article which policies and procedures may be amended from time to time and shall become effective upon posting of the same on the City of Lancaster's publicly accessible website.
A. 
Violations.
(1) 
When, during the course of any inspection authorized by this article, the Code Official determines that a residential rental unit is in violation of this article, Chapter 223, Property Maintenance Code, Chapter 182, Lead Poisoning Prevention and Lead Hazard Control, or any other Code of the City of Lancaster, the Code Official will issue a notice of violation to the owner and/or responsible agent and property manager.
(2) 
The notice of violation will outline the provisions that have been violated and the time frame required for remediation of the violations.
(3) 
After the expiration of the time for compliance as stated on the notice of violation, the Code Official will conduct a reinspection to determine compliance. If violations have not been remedied, the Code Official may commence enforcement actions under the procedures set forth in the code which has been violated or under any other applicable ordinance of the City.
(4) 
Notice provided to a property manager or property management company shall be deemed notice provided to the owner.
(5) 
If additional reinspections are required, the City will impose a reinspection fee as established from time to time by resolution of City Council.
(6) 
If the residential rental unit is vacant at the time of the inspection, the residential rental unit will remain vacant until the violations are abated.
(7) 
If violations are not remedied in a timely manner, the license may be revoked.
B. 
Means of local agency appeals.
(1) 
Any party aggrieved by a decision of any designated and authorized agent of the City regarding any provisions in this article shall have the right to file an appeal with the City Housing Board of Appeals.
(2) 
Filing of appeal: Any appeal filed shall be filed on the form required by the policies and procedures within 20 days of the date of the notice of violation. Any such appeal shall be in writing and directed to the Lancaster City Housing Board of Appeals, with a check payable to the City of Lancaster in the amount set forth in the fee schedule adopted from time to time by resolution of City Council. The Board may require the party bringing the appeal to pay any costs associated with hearing the appeal, including, but not limited to, attorney's fees in excess of the appeal fee, regardless of other expenses incurred, whether or not the Board partially or fully upholds the City's issuance of the appealed decision.
(3) 
A claimed lack of knowledge by an owner or property manager of any violation cited hereunder shall not be a defense to a license denial, suspension or revocation or an eviction order as long as all notices to parties required hereunder involving such proceedings were sent to the last known address of the owner or property manager.
(4) 
Any party aggrieved by a decision of the Board may appeal to the Court of Common Pleas of Lancaster County as provided by law, within 30 days of receiving the Board's decision.
(5) 
Code violations. Nothing in this article shall preclude or prohibit the Code Officer or his designee from identifying any violations of the codes and taking lawful action in connection therewith.
(6) 
Equitable relief: Nothing in this article shall preclude the City from seeking, and the proper officers of the City be and hereby are, authorized to seek, equitable relief to enforce the provisions of this article to enjoin individuals and entities from failing to comply with the article, or to seek other relief as otherwise appropriate under law and/or equity.
C. 
Penalties.
(1) 
Allowing occupancy of a residential rental unit without a valid residential rental license (including but not limited to relinquishment of license due to a failure to apply, a failure to pay the rental license fee, or following the revocation of a license), will be subject to a fine of $500 per residential rental unit for each month the violation exists, a term of imprisonment not exceeding 90 days, or both. Each month the violation exists constitutes a separate violation. Notwithstanding the foregoing, no fines shall be imposed for any period during which the residential rental unit is vacant and the owner or property manager is taking action to correct the violations.
(2) 
Whoever violates any other provisions of this article shall be subject to a fine of not more than $1,000 or a term of imprisonment not exceeding 90 days, or both. Each month that a violation exists constitutes a separate violation.
(3) 
In addition to fines, an eviction of occupants of residential rental units at the owner's expense may be required under the provisions of this article, and the residential rental license that grants the privilege to rent the same, may be revoked, suspended or withdrawn.
(4) 
In addition to prosecution of persons in violation of this article, the Code Official or any duly authorized agent of the City may seek such civil or equitable remedies, including injunctive relief and other measures, to enforce this article in any court of record of the Commonwealth of Pennsylvania, against any person or property, real or personal, 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 licenses shall be independent, non-mutually exclusive, separate remedies, all of which shall be available to the City as may be deemed appropriate.
(6) 
No person whose license has been revoked by the City may, pursuant to the Act of July 7, 1947 (P.L. 1368, No. 542) (the "Act"),[1] as amended, purchase property in Lancaster County at any tax sale governed by the Act. The City shall furnish, to the Lancaster County Tax Claim Bureau at least 48 hours in advance of the sales, documentation regarding license revocations.
[1]
Editor's Note: See the Real Estate Tax Sale Law, 72 P.S. § 5860.101 et seq.