The purpose of this chapter is to provide reasonable regulations
for the use and condition of real property in the Borough of Summit
Hill as rental properties, both residential and commercial. This chapter
is not intended to impair, restrict or otherwise interfere with a
property owner's right to lease his property but rather to implement
rules and regulations governing the use, condition and occupancy of
rental properties.
The title of this chapter shall be the "Real Estate Rental Certification
Ordinance."
As used in this chapter, the following terms shall have the
meanings indicated:
ASSESSMENT
Includes water, sewer, garbage and taxes, levied by the Borough
or one of its related municipal authorities or agencies.
CERTIFICATE TO LEASE
A permit issued by the Borough of Summit Hill allowing property
owners to lease real property in the Borough of Summit Hill.
CODE ENFORCEMENT OFFICER
An individual appointed by the Borough of Summit Hill to
carry out and enforce the provisions of this chapter.
DELINQUENT STATUS
The status of any tax or assessment levied by the Borough
of Summit Hill or it's authorized authorities, such that penalties
or late charges have become due and owing.
DESIGNATED AGENT
Any person who resides or works in or within 20 miles of
the Borough of Summit Hill who shall be designated by a landlord,
as required by this chapter, for purposes of acting on behalf of such
landlord in all dealings with the landlord's ownership interest in
rental properties in the Borough of Summit Hill as they relate to
this chapter.
GOOD STANDING
The state which any property owner will find himself in during
which time all assessments and real estate taxes are paid.
INTERNATIONAL PROPERTY MAINTENANCE CODE 2003 (IPMC)
The code adopted by Borough which is founded on principles
that adequately protect public health, safety and welfare, along with
clear and specific requirements for the proper maintenance of property
and existing buildings.
LANDLORD
The owner of any real property under lease or agreement to
use or occupy to a tenant, residential or commercial in nature, in
the Borough of Summit Hill.
RENTAL PROPERTY
Any real property in the Borough of Summit Hill, including
but not limited to homes, trailers, storefronts, factories, apartments,
or condominiums, under a lease or agreement to use or occupy between
a landlord and tenant whether or not for financial gain.
RENTAL UNIT
Any individual rental property as defined herein.
RESIDENTIAL RENTAL LICENSE
A license issued in lieu of a certificate to lease, provided
the landlord meets the requirements for said license.
TENANT
The lessor of any real property situated in the Borough of
Summit Hill under a lease or agreement to use or occupy, written or
verbal, with a landlord owning such property.
[Amended 5-10-2022 by Ord. No. 2-2022]
A. Unless otherwise specified herein (§
361-4), any landlord, or designated agent, prior to allowing occupancy to any tenant, must first apply for and obtain a certificate to lease from the Borough of Summit Hill.
B. A certificate to lease shall be issued to a landlord in good standing,
provided that the following criteria are met by the landlord or designated
agent:
(1) No assessments due and owing by the landlord and/or by any partnership(s),
limited partnership(s), limited liability company(ies), corporation(s),
trust(s) or any other business entities in which landlord is a partner,
member, officer, board member, owner, trustee or otherwise affiliated,
to the Borough of Summit Hill or its authorized authorities are in
delinquent status;
(2) The rental property has been fully inspected and passes said inspection
conducted by the Borough's Code Enforcement Officer to determine
its compliance with the International Property Maintenance Code unless
otherwise exempt from inspection by this chapter;
(3) The tenant has made application for a moving permit for the rental
property in question, the issuance of which will occur contemporaneously
with the issuance of the certificate to lease, provided the landlord
otherwise complies with this chapter. The landlord is responsible
for informing the tenant of this requirement.
C. An application for a certificate to lease shall include the following information: name, current address and current telephone number of the landlord or, in the alternative, if required, name, address and telephone number of the designated agent, if any; addresses of all real properties in which the landlord has an ownership interest in the Borough of Summit Hill; the name(s) of any partnership(s), limited partnership(s), limited liability company(ies), corporation(s), trust(s) or any other business entities in which landlord is a partner, member, officer, board member, owner, trustee or otherwise affiliated; and affirmation by the landlord that all real estate taxes or other assessments levied by the Borough of Summit Hill or its authorized authorities are paid in accordance with §
361-4B(1) above.
D. In the event a rental property is already leased on the effective
date of this chapter, a certificate to lease is not required; however,
upon the expiration of the then existing written or verbal lease or
agreement to use or occupy, a certificate of lease shall be applied
for by the landlord, but in no case shall the application be later
than one year from the effective date of this chapter.
E. A certificate to lease shall be transferable to new owners of the
rental property, provided the new owner is also in compliance with
all provisions of this chapter.
F. A certificate to lease shall be revoked by the Borough of Summit
Hill if the landlord becomes delinquent in the payment of any assessments
levied by the Borough of Summit Hill or its authorized authorities
on the subject property and shall be ineligible for occupancy of this
property until such time as said delinquencies are satisfied.
G. A certificate of lease shall be revoked if the Borough Code Enforcement
Officer finds that the subject property no longer complies with federal,
state or local laws or ordinances related to any inspections conducted
on the subject property.
H. If a rental property is found to be ineligible for a certificate
to lease due to its revocation, said certificate shall be reinstated
upon reapplication by the landlord and payment of said delinquencies
or compliance with inspection requirements as mandated by the Borough
Code Enforcement Officer.
I. Upon application or reapplication for a certificate of lease, the
landlord shall pay to the Borough of Summit Hill a fee of $75 to cover
all administrative costs associated with the processing of this certificate
and inspection. Each reinspection (including those conducted as a
result of notice being given that the property violates the International
Property Maintenance Code) shall also result in a fee of $75.
J. Copies of the certificate of lease shall be given to the landlord
and tenant and a copy retained on file with the Borough of Summit
Hill.
K. Any certificate of lease issued pursuant to this chapter shall be
in effect until such time as the tenant vacates or said certificate
is reissued by the Code Enforcement Officer.
[Amended 5-10-2022 by Ord. No. 2-2022]
A. In lieu of the requirement that a landlord must obtain a certificate
to lease each time a tenant moves into a property, a landlord may
apply for a residential rental license for each rental unit, provided
the landlord meets the following conditions:
(1) The landlord leases a minimum of three rental units within the same
physical structure the Borough limits;
(2) No assessments due and owing by the landlord and/or by any partnership(s),
limited partnership(s), limited liability company(ies), corporation(s),
trust(s) or any other business entities in which landlord is a partner,
member, officer, board member, owner, trustee or otherwise affiliated,
to the Borough of Summit Hill or its authorized authorities are in
delinquent status; and
(3) The rental units have been fully inspected and pass said inspection conducted by the International Code Enforcement Officer to determine its compliance with the Borough's Property Maintenance Code, unless otherwise exempt from inspection as set forth in §
361-6B.
B. An application for a residential rental license shall include the
following information: name, current address and current telephone
number of the landlord or, in the alternative, if required, name,
address and telephone number of the designated agent, if any; addresses
of all real properties in which the landlord has an ownership interest
in the Borough of Summit Hill; the name(s) of any partnership(s),
limited partnership(s), limited liability company(ies), corporation(s),
trust(s) or any other business entities in which landlord is a partner,
member, officer, board member, owner, trustee or otherwise affiliated;
and affirmation by the landlord that all real estate taxes or other
assessments levied by the Borough of Summit Hill or its authorized
authorities are paid in accordance with § 361-4A(2) above.
C. Said licenses shall be valid for a period of three years from date
of issuance.
D. Upon application for a residential rental license, the landlord shall
pay the sum of $50 per rental unit to cover all administrative costs
associated with the issuance of the license.
Upon first conviction, a landlord shall be subject to a fine
of $50 per day for each day found in violation of this chapter. Upon
second conviction, a fine of $75 per day shall be imposed for each
day a landlord is found in violation. Upon a third or subsequent conviction,
a fine of $100 per day shall be imposed for each day a landlord is
found in violation. Further, any application or reapplication for
a certificate to lease or residential rental license shall be denied
upon until such time as any fine and/or cost imposed hereunder is
satisfied in full.
All ordinances or parts thereof inconsistent with this chapter
are hereby repealed insofar as they are inconsistent herewith.
The effective date of this chapter shall be January 1, 2012.