[Ord. No. 871, 9/12/2023[1]]
This Part shall be known as and may be cited as the "Myerstown Borough Residential Rental Ordinance."
[1]
Editor's Note: This ordinance provided an effective date of 1-1-2024.
[Ord. No. 871, 9/12/2023]
1. 
The following words and phrases shall have the meanings ascribed to them in this Part unless the context clearly indicates otherwise.
2. 
Where terms are not defined in this Part, such terms shall have ordinarily accepted meanings as interpreted by the Code Enforcement Officer by use of definitions provided in the codes and standards as contained in the Codified Ordinances of the Borough of Myerstown.
BOROUGH
The Borough of Myerstown, Lebanon County, Commonwealth of Pennsylvania.
BOROUGH COUNCIL
The governing body of the Borough.
BOROUGH OF MYERSTOWN CODE OF ORDINANCES
The official Code book of the Borough of Myerstown and all the local, legally binding codes, standards, and ordinances governing the Borough.
BUILDING
Any structure occupied or intended for supporting or sheltering any occupancy. For application of this Part, each portion of a building which is completely separated from other portions by fire walls complying with the Myerstown Borough Construction Code Ordinance[1] shall be considered as a separate building.
CODE OFFICIAL or CODE ENFORCEMENT OFFICER
A person or other legal entity appointed by Myerstown Borough Council to enforce this Part, including performance of inspections, issuance of residential rental occupancy licenses, and the issuance of notices of violations and citations.
CODES
Any federal, state, county, or local statute, regulation, or ordinance adopted, enacted, or in effect in and for the Borough including, but not limited to, the Property Maintenance Code of Myerstown Borough, the Myerstown Borough Construction Code Ordinance, and the Myerstown Borough Zoning Ordinance.[2]
DWELLING
A building used as nontransient living quarters, but not including a short-term rental, boardinghouse, hotel, motel, hospital, nursing home or dormitory as defined in the Zoning Ordinance.[3]
DWELLING UNIT
A single habitable living unit occupied by only one "family," as such term is defined in the Myerstown Borough Zoning Ordinance.[4] Each dwelling unit shall have: a) its own toilet, bath or shower, sink, sleeping and cooking facilities; and b) separate access to the outside or to a common hallway or balcony that connects to outside access at ground level. A dwelling unit shall not include two or more separate living areas that are completely separated by interior walls so as to prevent interior access from one living area to another, unless approved as "unit for care of relative."
FAMILY
One or more individuals related by blood, marriage, or adoption (including persons receiving formal foster care) or four or fewer unrelated individuals who maintain a common household and live within one dwelling unit. A family shall also expressly include numbers of unrelated persons residing within a licensed group home, as defined in § 27-602 of the Zoning Ordinance related to group homes. See definition of "related or relative."
GUEST
A person on the premises of a residential rental unit with the actual or implied consent of the occupant.
INSPECTION REPORT
A report prepared by the Code Enforcement Officer as a result of a rental unit inspection which details whether the unit complies with all of the provisions of applicable laws, regulations, and codes.
LET FOR OCCUPANCY or LET
To permit, provide, or offer possession or occupancy of a dwelling, dwelling unit, rooming unit, building, premises, or structure by a person who is or is not the legal owner of record thereof, pursuant to a written or unwritten lease, agreement, or license, or pursuant to a recorded or unrecorded agreement of contract for the sale of land.
LICENSED REFUSE AND RECYCLING HAULER
A company that has a valid and current license issued by the Greater Lebanon Refuse Authority to haul municipal solid waste as well as recyclable items.
NATURAL PERSON
A person that is an individual human being, as opposed to a legal person, which may be a private organization or entity such as, but not limited to, an association, partnership, limited-liability company, fictitious name or corporation.
OCCUPANCY
The purpose for which a building or portion thereof is utilized or occupied.
OCCUPANT
Any individual living or sleeping in a residential rental unit, or having possession of a residential rental unit.
OWNER
Any person, agent, operator, firm, corporation, partnership, limited-liability company, limited-liability partnership, association, other entity, property management group, or fiduciary holding having legal or equitable interest in the property; or recorded in the official records of the Commonwealth of Pennsylvania, Lebanon County, or Borough of Myerstown as holding title to the property; or otherwise having control of the property, including the guardian of the estate of any such person, and the executor or administrator of the estate of such person if ordered to take possession of real property by a court. If more than one person or other legal entity owns the residential rental unit as joint tenants, tenants in common, tenants by the entireties, or tenants in co-partnership, each such person or legal entity shall be considered an owner and shall have all of the duties and responsibility of an owner under this Part.
OWNER'S AGENT or AGENT
Any person, including a property manager or property management company, retained by the owner to be responsible for one or more residential rental units within the Borough and receive reports, notices, and other communications from the Borough on the owner's behalf. Notice sent to an agent shall be considered notice to the owner.
PERSON
Any natural person, unincorporated association, partnership, corporation, estate, limited-liability company, firm, or any other legally recognized entity, and the members of such partnership and the officers of such corporation.
PREMISES
A lot, plot or parcel of land, easement, or public way, including any structures thereon.
RELATED or RELATIVE
Persons who are related by blood, marriage, adoption 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, or parent-in-law. This term specifically shall not include relationships such as second, third, or more distant cousins.
RENTAL AGREEMENT
A legal agreement between the owner and tenant embodying the terms and conditions concerning the use and occupancy of the residential rental unit.
RESIDENTIAL RENTAL LICENSE
A document issued by the Borough to the owner of a residential rental unit under this Part which is required for the lawful rental and occupancy of any residential rental unit.
RESIDENTIAL RENTAL PROPERTY or PROPERTY
Any parcel of real estate within the Borough, including the land and all buildings and appurtenant structures, on which one or more residential rental units are located.
RESIDENTIAL RENTAL UNIT
Any rooming unit or a dwelling unit let for occupancy or occupied by one or more persons, none of whom is the owner of such unit, pursuant to a rental agreement, lease/purchase agreement, or long-term (greater than six months) sales agreement. Each individual townhouse dwelling, each individual apartment unit, each individual unit in a multifamily building, and each rooming unit shall be considered a separate residential rental unit. If a structure contains a rooming unit or if any portion of the structure is let for occupancy, it shall be considered a residential rental unit whether or not the owner or a relative of the owner also resides in the structure. A residential rental unit shall not include hotels, motels, hospitals, nursing homes, or dormitories as defined in the Zoning Ordinance.[5] A residential rental unit includes dwelling units under lease-purchase agreements, or long-term (greater than six months) agreements of sale.
ROOMING UNIT (aka BOARDING UNIT)
Any single habitable living unit that is part of a boardinghouse or rooming house, as defined in the Zoning Ordinance,[6] where individual living units do not meet the definition of a lawful dwelling unit.
STRUCTURE
A building located on a parcel of real property in which a tenant will reside, or in which a tenant will reside in a separately secured portion thereof.
TENANT
An occupant of a residential rental 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.
UNIT FOR CARE OF RELATIVE
A dwelling unit that: a) is especially created for and limited to occupancy by a close "relative" of the permanent residents of the principal dwelling unit; b) is necessary to provide needed care and supervision to such relative; and c) meets the requirements for such use in the Zoning Ordinance.[7]
ZONING ORDINANCE
The Myerstown Borough Zoning Ordinance.[8]
[1]
Editor's Note: See Ch. 5, Part 1.
[2]
Editor's Note: See Ch. 5, Parts 1 and 2, and Ch. 27, respectively.
[3]
Editor's Note: See Ch. 27, Zoning.
[4]
Editor's Note: See Ch. 27, Zoning.
[5]
Editor's Note: See Ch. 27, Zoning.
[6]
Editor's Note: See Ch. 27, Zoning.
[7]
Editor's Note: See Ch. 27, Zoning.
[8]
Editor's Note: See Ch. 27, Zoning.
[Ord. No. 871, 9/12/2023]
1. 
No person shall permit a residential rental unit to be occupied unless the owner of the premises, or his/her agent, has obtained a valid and current residential rental license issued by the Borough's Code Enforcement Officer.
2. 
No person shall represent to the general public that a dwelling or dwelling unit is available for occupancy as a residential rental unit unless the owner of the premises, or his/her agent, has obtained a valid and current residential rental license issued by the Borough's Code Enforcement Officer.
[Ord. No. 871, 9/12/2023]
1. 
The following shall not require a residential rental license for the purposes of this Part:
A. 
Owner-occupied dwelling units, provided only the owner and his/her relatives occupy the dwelling unit at any given time.
B. 
Any residential rental unit that meets the following conditions:
(1) 
The unit has been vacant for a minimum of six consecutive months.
(2) 
The unit has not been rented and no security deposit has been accepted at any time for six consecutive months.
(3) 
Proof of vacancy has been submitted to the Borough.
C. 
Hotels, motels, hospitals, nursing homes, dormitories, or short-term rentals as defined in the Zoning Ordinance.[1]
[1]
Editor's Note: See Ch. 27, Zoning.
D. 
Units for care of relatives, as defined in this Part.
E. 
All property owned by the county or any housing authority created by the county which is inspected annually by those agencies to assess conformance with federal standards, or properties that are inspected annually for compliance with requirements of the United States Department of Housing and Urban Development or the Pennsylvania Housing Finance Agency, regardless of the occupants, shall be exempt from the licensing provisions of this Part.
[Ord. No. 871, 9/12/2023]
1. 
The owner of each residential rental unit in the Borough, within 30 days after the effective date of this Part, or, in case of a residential rental unit thereafter acquired or created, within 30 days after the acquisition or availability for rental thereof, shall apply to the Borough in writing, on an application form provided by the Borough, for a residential rental license. Such completed application, together with all required fees, shall be submitted to a designated Borough staff person.
2. 
On the application form, the owner shall provide the following information to the Borough:
A. 
The name, mailing address, email address, and phone number of any and all owners. If the owner is an organization/corporation, the applicant must provide a name, mailing address, email address, and phone number of a contact person for such entity, and the name, mailing address, email address, and phone number of at least one primary officer of the organization/corporation.
B. 
The name, mailing address, email address, and phone number of the applicant, if different than the owner(s). If the applicant is not the owner, information shall be presented with the application, such as an agreement of sale or lease or a signed letter from the owner to demonstrate that the applicant has the legal right to make the application.
C. 
The name, mailing address, email address, and twenty-four-hour phone number of the owner's agent, if applicable.
D. 
The mailing address of the premises.
E. 
The number of residential rental units on the premises, and the mailing address of each unit.
F. 
A site plan that shows the following:
(1) 
Location and uses of existing structures and parking.
(2) 
Location of each residential rental unit within each structure on the premises.
(3) 
Number of bedrooms and bathrooms in each residential rental unit.
G. 
The name of the licensed refuse and recycling hauler who will haul solid waste as well as recyclable items from the premises.
H. 
Signatures of both the property owner and the owner's agent, if applicable.
I. 
Such additional information that the Code Enforcement Officer may determine is reasonably necessary to determine compliance with this Part.
3. 
In addition to the information set forth in § 11-205, Subsection 2, of this Part, the owner of each residential rental unit in the Borough must provide proof of hazard and general liability insurance for all residential rental units that complies with the following:
A. 
Owners shall be required to obtain a minimum of $100,000 in general liability insurance for each rental unit, and hazard and casually insurance in an amount sufficient to either restore or remove the building in the event of a fire or other casualty. Further, in the event of any fire or loss covered by such insurance, it shall be the obligation of the owner to use such insurance proceeds to cause the restoration or demolition or other repair of the property in adherence to the Borough Code and all applicable ordinances and state or local regulations.
B. 
Owners shall be required to place their insurance company name, policy number, and policy expiration date on their permit application form, and to provide the Borough with a copy of a certificate of insurance. A residential rental license shall not be issued to any owner or agent unless the aforementioned information has been provided to the Borough. The Borough shall be informed of any change in policies for a particular rental property and residential rental unit within 30 days of said change or cancellation.
4. 
The Borough may charge an administration fee, which shall be determined from time to time by resolution of Borough Council, which must be paid in order for the application to be considered complete. The administration fee shall be in an amount sufficient to cover the cost of administering this Part, including the cost of inspections.
5. 
The owner of each residential rental unit in the Borough, having obtained a residential rental license pursuant to this section, shall submit a new application with the Borough annually before January 1 of each calendar year, on an application form provided by the Borough for a residential rental license.
[Ord. No. 871, 9/12/2023]
1. 
If the Code Enforcement Officer or other designee of the Borough determines that the application is complete and contains all information required by § 11-205, and all required fees have been paid, the Officer/designee shall issue a residential rental license to the owner or owner's agent. The residential rental license shall be valid from January 1 through December 31 of each year, unless the provisions of § 11-208, Subsection 3, apply. The license shall be on a form established by the Borough from time to time by resolution.
2. 
The owner of each residential rental unit shall allow an inspection of the residential rental unit and the structure in which it is located to occur in accordance with a systematic inspection program to be developed and implemented by the Borough and the Code Enforcement Officer. The inspection shall be conducted by the Code Enforcement Officer or other designee of the Borough, and the purpose of the inspection shall be to ensure compliance with the property maintenance codes of the Borough and the provisions of this Part. The owner or owner's agent must be present for inspections of residential rental units.
3. 
If the Code Enforcement Officer or other designee of the Borough determines that the residential rental unit or the structure in which it is located is not in compliance with all applicable codes and/or this Part, the Code Enforcement Officer/designee shall issue a certificate of noncompliance to the owner.
A. 
The certificate of noncompliance may be on a form determined by the Officer/designee, but shall be in writing, contain the words "Certificate of Noncompliance" and a reference to this Part, state the condition or conditions which are in violation of an applicable code, state the code which is being violated, and give the owner a reasonable number of days to cure the condition(s).
B. 
The Code Enforcement Officer or other designee of the Borough may declare any violations to constitute an emergency condition and require immediate action to mitigate the danger if the violations are of a serious enough character to constitute a danger to the public health, safety, and welfare of the citizens of the Borough.
C. 
If the owner or owner's agent fails to be present at the scheduled time of any inspection, or if access to the residential rental unit is denied by the tenant, a certificate of noncompliance shall be issued to the owner.
4. 
If a certificate of noncompliance has been issued, the owner shall make the residential rental unit and the structure or dwelling in which it is located available for an inspection within 30 days of a request by the Code Enforcement Officer or other designee of the Borough after the expiration of the days given to the owner to cure the condition(s) on any certificate of noncompliance issued pursuant to § 11-206, Subsection 3, of this Part. After the inspection mandated by this subsection, if the Code Enforcement Officer or other designee of the Borough determines that the residential rental unit or the structure in which it is located is still not in compliance with all applicable codes and/or this Part, the Officer/designee shall issue another certificate of noncompliance pursuant to § 11-206, Subsection 3. The procedure of this subsection repeats itself until the violations are cured or until the residential rental license is revoked in accordance with § 11-206, Subsection 6, of this Part due to failure to correct a code violation within the required timeframe.
5. 
A fee schedule for charges due to the Borough by the owner for follow-up inspections due to noncompliance required by this section shall be adopted from time to time by resolution.
6. 
The Code Enforcement Officer shall deny and may revoke any residential rental license if the owner or owner's agent fails to comply with this Part or fails to cure any conditions of noncompliance.
7. 
The Code Enforcement Officer shall deny and may revoke any residential rental license if the applicant does not provide the name, address and phone number of the owner or owner's agent (if applicable), does not pay the annual registration fee, is not current on water rates or sewer rates for the residential rental unit, and/or does not correct a code violation within the time frame cited by the Code Enforcement Officer.
8. 
The Code Enforcement Officer shall forward written notice to the owner if the Code Enforcement Officer will deny, refuse, or revoke a residential rental license. The notification shall identify the residential rental unit; set forth the grounds for the denial, nonrenewal, or revocation, including the factual circumstances and the section of this Part supporting such determination; and inform the owner of the right to appeal the denial, nonrenewal, or revocation of the residential rental license to Borough Council in accordance with this Part.
9. 
The Code Enforcement Officer may reinstate a residential rental license if the owner corrects the reason for the revocation of the residential rental license, is otherwise in compliance with this Part and all other applicable rules, regulations, ordinances, and law, and has paid the residential rental license reinstatement fee or other fees, as may be adopted by Borough Council by resolution.
[Ord. No. 871, 9/12/2023]
1. 
Each owner who is not an owner-occupant, does not reside in the Borough of Myerstown or within a thirty-five-mile air radius of the Borough limits, or is not a natural person, shall appoint an agent that resides or has an office in the Borough or within a thirty-five-mile air radius of the Borough limits. No residential rental license shall be issued to any owner residing more than 35 miles from the municipal limits of the Borough, or to an owner who is not a natural person, unless the owner provides the Borough with the name, mailing address, email address, and telephone number of the agent residing or having an office within the thirty-five-mile radius, who is authorized to accept service of process on behalf of the owner. For the purpose of this subsection, a post office box is not acceptable for the agent's address. Any such agent shall sign the application form required by § 11-205 of this Part, and thereby acknowledge his/her legal obligations and responsibilities to act on the owner's behalf under this Part.
2. 
The owner or agent shall provide contact information to the Borough which will permit the Borough, in the event of an emergency, to contact the owner or agent 24 hours a day, seven days a week, 365 days a year. In the event the Borough alerts the owner or the owner's agent of an emergency, the owner or the agent shall go to the residential rental unit to address the emergency.
3. 
If the owner has appointed an agent, the agent shall be jointly responsible to fulfill all of the obligations set forth in this Part. No owner may relieve himself/herself of the responsibility to perform the duties set forth in this Part by appointing an agent.
4. 
The Borough or Code Enforcement Officer shall determine whether a proposed agent satisfies the requirements of this section.
5. 
The owner shall notify the Borough of any change in the identity of the agent within 10 calendar days of the change.
[Ord. No. 871, 9/12/2023]
1. 
The property owner shall notify the Borough, in writing, of any change to a property or structure, or portion of a property or structure, that creates or eliminates a residential rental unit.
2. 
The property owner shall comply with the provisions of this section as it relates to the creation of a residential rental unit not less than 30 calendar days before the projected date of rental occupancy.
3. 
A residential rental license issued after January 1 shall be valid for the remainder of the license term if the license is issued prior to October 1. If a residential rental license is issued after October 1, it shall be valid for the remainder of the license term, plus the following license term.
[Ord. No. 871, 9/12/2023]
A license shall not be transferred. In the case of licensed residential rental units that are sold or transferred, the new owner shall make application for a license for each residential rental unit prior to the occupancy of the residential rental unit. If the residential rental unit is occupied at the time of the sale or transfer, the new owner shall make application for a residential rental license within 10 days of the date of sale or transfer.
[Ord. No. 871, 9/12/2023]
1. 
It shall be the duty of every owner or owner's agent of a residential rental property to:
A. 
Keep and maintain all residential rental units in compliance with all applicable codes and ordinances of the Borough, including but not limited to the Borough's Zoning Ordinance[1] and Property Maintenance Code,[2] and all applicable provisions of state laws and regulations.
[1]
Editor's Note: See Ch. 27, Zoning.
[2]
Editor's Note: See Ch. 5, Part 2.
B. 
Keep and maintain all property in a good, safe, and sanitary condition.
C. 
Be aware of, and act to eliminate, disruptive conduct in all units.
D. 
Be present for all scheduled inspections of the residential rental unit.
E. 
Give at least 24 hours' notice to tenants of any scheduled inspection of the residential rental unit by the Code Enforcement Officer.
F. 
Provide no less than 48 hours' notice to the Code Enforcement Officer in the event that owner needs to cancel or reschedule a scheduled inspection.
G. 
Employ policies to manage the units under his/her control in compliance with the provisions of this Part, other applicable Borough ordinances, and applicable state laws.
H. 
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.
I. 
Provide trash and recyclable collection and disposal services and instruct tenants of the method and timing of trash and recyclable collection.
J. 
Take all actions necessary to ensure that each residential rental unit is occupied by only one family, as defined in this Part.
K. 
Provide each tenant with a disclosure statement containing the requirements of this Part. Providing a copy of this Part to each tenant will satisfy this requirement.
2. 
The owner shall not knowingly permit tenants or occupants in a residential rental unit to:
A. 
Engage in, or tolerate or permit guests on the premises to engage in, any conduct declared illegal under any federal criminal statute, and/or under the Pennsylvania Crimes Code (see 18 Pa.C.S.A. § 101 et seq.) or Liquor Code (see 47 P.S. § 1-101 et seq.) or Controlled Substance, Drug, Device and Cosmetic Act (see 35 P.S. § 780-101 et seq.), or their successor laws.
B. 
Use the residential rental unit in violation of the Myerstown Borough Code of Ordinances.
[Ord. No. 871, 9/12/2023]
It shall be the duty of every tenant and occupant of a residential rental property to:
1. 
Comply with all obligations imposed upon tenants and occupants by this Part, all applicable codes and ordinances of the Borough, and all applicable state laws and regulations.
2. 
Conduct themselves and require other persons, including, but not limited to, guests on the property and within the residential rental unit with the tenant's/occupant's 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. 
Use the unit for no purpose other than as a residence, or as permitted by the Borough's Zoning Ordinance[1] with the appropriate zoning permit.
[1]
Editor's Note: See Ch. 27, Zoning.
4. 
Collect and dispose of all rubbish, garbage, and other waste in a clean and sanitary manner, and comply with all Borough solid waste and recycling regulations. Tenants and occupants shall use the trash and recyclable collection services provided by the owner.
5. 
Not engage in, nor tolerate nor permit guests on the premises to engage in, any conduct declared illegal under any federal criminal statute, and/or declared illegal under the Pennsylvania Crimes Code (see 18 Pa.C.S.A. § 101 et seq.) or Liquor Code (see 47 P.S. § 1-101 et seq.) or Controlled Substance, Drug, Device and Cosmetic Act (see 35 P.S. § 780-101 et seq.), or their successor laws.
6. 
Not engage in, nor tolerate nor permit guests on the premises to cause damage to the residential rental unit or engage in, disruptive conduct or other violations of this Part, other Borough code provisions or ordinances, or applicable state laws.
7. 
Permit inspections of the premises by a Code Enforcement Officer or his/her designee from the hours of 8:00 a.m. to 8:00 p.m., after receiving proper notice from the owner, owner's agent, or Borough. Tenants/occupants shall be afforded a minimum of 24 hours' notice before any inspection by a Code Enforcement Officer shall occur.
[Ord. No. 871, 9/12/2023]
Except as otherwise provided by this Part, no rental agreement may provide that the owner or tenant agrees to waive or forego rights or remedies under this Part. A provision prohibited by this subsection included in the rental agreement is hereby declared unenforceable and shall be grounds for denial of any approvals, certificates, or licenses requested or required under this Part.
[Ord. No. 871, 9/12/2023]
Where the provisions of this Part impose greater restrictions than those of any other ordinance or regulation, the provisions of this Part shall control. Where the provisions of any statute, other ordinance or regulation impose greater restrictions than this Part, the provisions of such statute, other ordinance or regulation shall control.
[Ord. No. 871, 9/12/2023]
This Part may be enforced by, and citations for violations of this Part may be filed by any police officer employed by the Borough, by the Mayor, or by the person or legal entity appointed by the Borough as its Code Enforcement Officer.
[Ord. No. 871, 9/12/2023]
Nothing in this section shall preclude a Code Enforcement Officer or other designee of the Borough from, simultaneously with enforcing this Part, issuing against the owner a notice of violation, citation or any other document to enforce an applicable building, zoning, or property maintenance code of the Borough or the Commonwealth of Pennsylvania.
[Ord. No. 871, 9/12/2023]
1. 
This Part is not intended, nor shall its effect be, to limit any other enforcement remedies which may be available to the Borough relating to the abatement of nuisances or correction of building, zoning, or property maintenance code violations.
2. 
If any violation of this Part occurs, the Code Enforcement Officer may, in addition to other remedies, institute in the name of the Borough any appropriate action or proceedings to prevent, restrain, correct, or abate the violation.
3. 
Any expenses incurred by the Borough while enforcing this Part shall be recoverable from the property owner, in accordance with this Part, the Borough Code, the Municipal Claims and Tax Liens Act,[1] as may be applicable, and any other applicable law, code, or regulation. In addition, the offender shall be subject to all other penalties provided in this Part.
[1]
Editor's Note: See 53 P.S. § 7101 et seq.
4. 
The owner, occupant, tenant, agent, or person in charge of any property or residential rental unit possesses the right to deny entry into any property, structure, or residential rental unit by a Code Enforcement Officer for the purposes of compliance with this Part. However, nothing in this Part shall prohibit a Code Enforcement Officer from doing any or all of the following:
A. 
Asking an owner, occupant, tenant, agent, or person in charge of a property or residential rental unit for permission to inspect the premises, structure, or residential rental unit for compliance with this Part and all applicable laws, regulations, and codes.
B. 
Obtaining an administrative warrant, based on probable cause, to enter the property, structure, or residential rental unit.
C. 
Entering the property, structure, or residential rental unit in the case of emergency circumstances requiring expeditious action.
D. 
Issuing a notice in accordance with § 11-206, Subsection 8, of this Part indicating that the residential rental license will be revoked, denied, or not renewed as a result of the Code Enforcement Officer being denied the right of entry to perform an inspection or carry out any other function as provided by this Part.
[Ord. No. 871, 9/12/2023]
1. 
Neither the Borough of Myerstown nor any employee thereof assumes liability for the accuracy or quality of any inspection report regarding the condition of any property inspected pursuant to this Part at the request of the owner.
2. 
The issuance of a residential rental license is not a representation by the Borough that the residential rental unit and/or the structure or dwelling in which it is located is in compliance with all building, zoning, or property or property maintenance codes of the Borough or the Commonwealth of Pennsylvania. No tenant, prospective tenant, or any other person should view this Part, or any residential rental license issued pursuant to this Part, as a warranty or representation by the Borough that the residential rental unit or the structure or dwelling in which it is located is free from any or all dangers, whether known, unknown, obvious, or hidden. The Borough is not making any warranty or representation to any person that the residential rental unit or the structure or dwelling in which it is located is safe or habitable. By this Part, the Borough is not assuming any liability not otherwise imposed upon it by law.
[Ord. No. 871, 9/12/2023]
1. 
Appeals of a determination of the Code Enforcement Officer under this Part to deny any application for, or application to renew, a short-term rental license, or to revoke a short-term rental license, shall be filed with the Borough Council within 30 days of the date of the denial of application for or revocation of the license. Appeals shall be processed as follows:
A. 
All appeals shall be in writing and signed by the appellant on forms prescribed by the Borough, and shall be accompanied by a fee, the amount of which shall be established by the Borough Council by resolution, which may include notice and advertising costs, and necessary administrative overhead in relation to the hearing.
B. 
Each appeal shall fully set forth the determination appealed from, a detailed reason or basis for the appeal, and the relief sought. Every appeal shall refer to the specific circumstances of the case and the applicable provisions of this Part.
2. 
Hearings. The Borough Council shall conduct hearings and make decisions pursuant to the Act of December 2, 1968 (P.L. 1133, No. 353), known as the "Local Agency Law,"[1] and in accordance with the following requirements:
A. 
Written notice shall be given to the appellant, the Code Enforcement Officer, and to any person who has made timely request for same. Written notices shall be given at such time and in such manner as shall be prescribed by rules of the Borough Council, but not less than 15 days prior to the hearing.
B. 
The hearing shall be held within 60 days from the date the appeal is filed, unless the appellant has agreed in writing to an extension of time.
C. 
The hearings shall be conducted by the Borough Council. The decision or, where no decision is called for, the findings shall be in writing by the Borough Council within 45 days after the conclusion of the hearing, unless the appellant has agreed in writing to an extension of time, and shall be communicated to the appellant and any other parties who have entered their written appearance and requested a copy of the decisions, at the addresses provided by them either by personal delivery or by United States first class mail postage prepaid.
D. 
The President or Vice President of the Borough Council or the hearing officer presiding shall have power to administer oaths and issue subpoenas to compel the attendance of witnesses and the production of relevant documents and papers, including witnesses and documents requested by parties.
E. 
The parties shall have the right to be represented by counsel and shall be afforded the opportunity to respond and present evidence and argument and cross-examine adverse witnesses on all relevant issues.
F. 
Formal rules of evidence shall not apply, but irrelevant, immaterial or unduly repetitious evidence may be excluded.
G. 
The Borough Council may, but is not required to, make a stenographic record of the proceedings. In the event a stenographic record of the proceedings is not provided by the Borough Council, a stenographic record shall be made and kept at the request of any party agreeing to pay the costs thereof. Any party or other person desiring a copy of the stenographic record shall order the copy directly from the stenographer who prepared the same and shall pay the cost imposed by the stenographer for the copy directly to the stenographer.
H. 
The Borough Council shall not communicate, directly or indirectly, with any party or any party's representatives in connection with any issue involved except upon notice and opportunity for all parties to participate; shall not take notice of any communication, reports, staff memoranda, or other materials, except advice from their solicitor, unless the parties are afforded an opportunity to contest the material so noticed; and shall not inspect the site or its surroundings after the commencement of hearings with any party or any party's representative unless all parties are given opportunity to be present.
[1]
Editor's Note: See 2 Pa.C.S.A. § 105 et seq.
[Ord. No. 871, 9/12/2023]
1. 
It shall be a violation of this Part to commit or to permit any other person to commit any of the following acts:
A. 
To lease, let, or allow the occupancy of a residential rental unit without obtaining a residential rental license where required by this Part.
B. 
To fail to perform the duties established by § 11-210 of this Part if such person is an owner or agent of a residential rental unit.
C. 
To fail to perform the duties established by § 11-211 of this Part if such person is an occupant of a residential rental unit.
D. 
To place false information on or omit relevant information from an application for a residential rental license.
E. 
To fail to comply with any other provisions of this Part.
2. 
Any person violating any provision of this Part is subject to prosecution by action of the Borough before a Magisterial District Judge in the same manner provided for the enforcement of summary offenses under the Pennsylvania Rules of Criminal Procedure. Any person found in violation of any provision of this Part shall pay a fine of not less than $300 nor more than $1,000, plus court costs, and/or may be imprisoned either for a violation of any provision of this Part or for failure to pay a fine or costs for a term not to exceed 90 days.
3. 
A separate offense shall arise for each day or portion thereof in which a violation of any provision of this Part exists.
4. 
The Borough may enforce this Part through a civil action filed in the Court of Common Pleas of Lebanon County, Pennsylvania.
5. 
If the Borough files any legal action due to violations or noncompliance with this Part, all reasonable attorney's fees and costs and expenses related thereto shall be paid by the owner.
[Ord. No. 871, 9/12/2023]
If any section, part, sentence, clause, or portion of this Part is found by a court of competent jurisdiction to be illegal or unenforceable, the rest and remainder of this Part shall be given full force and effect as if adopted by the Borough without the section, part, sentence, clause, or portion found illegal or unenforceable.
[Ord. No. 871, 9/12/2023]
All prior Borough ordinances or portions thereof which are inconsistent with the provisions of this Part are hereby repealed to the extent necessary to give effect to this Part.
[Ord. No. 871, 9/12/2023]
This Part shall be effective on January 1, 2024.