[Ord. 595, 12/29/1982, § I]
As used in this Part, unless a different meaning clearly appears
from the content, the following terms shall have the following meanings:
The Stroudsburg Hearing Board which in addition to zoning
hearings shall also have human relations hearing functions.
Any difference in treatment in the sale, lease, rental or
financing of housing units or housing accommodations because of race,
color, religion, creed, ancestry, age, national origin, or use of
a guide dog because of the blindness of the user.
The Stroudsburg Zoning Hearing Board.
A single room or suite of rooms, or an apartment or dwelling,
occupied or intended for occupancy as separate living quarters by
an individual or a family, or a parcel of real property or a lot available
for the construction of a housing unit.
Any person, as defined in this Part regularly engaged in
the business of lending money or guaranteeing loans.
The lessee, sub-lessee, assignee, managing agent, or person
having the right of ownership or possession or the right to sell,
or lease any housing unit which is part of a housing accommodation
or to furnish services in connection therewith.
An association, partnership or corporation, as well as a
natural person. When applied to partnerships or other associations,
it includes their members, and as applied to corporations, it includes
the officers of the corporations.
Any natural person, partnership, association or corporation
who, for a fee of other valuable consideration, or other purposes,
sales, purchases, exchanges or rents, or negotiates or offers or attempts
to negotiate, the sale, purchase, exchange or rental of the real property
of another or holds himself/herself out as engaged in the business
of selling, purchasing, exchanging or renting the real property of
another, or collects rental for the use of the real property of another
or attempts to secure the listing for sale or rental of a housing
unit by representing that a change has occurred or will or may occur
with respect to the racial, religious or ethnic composition of the
street, block, neighborhood or area in which said housing accommodation
is located.
Any person employed by real estate broker to perform, or
to assist in the performance of, any or all of the functions of a
real estate broker, or providing any services in connection therewith.
[Ord. 595, 12/29/1982, § II]
This Part applies to discriminatory housing units located within
territorial limits of the Borough.
[Ord. 595, 12/29/1982, § III]
1.
No real estate broker or real estate salesperson or agent, or owner
or other person shall refuse to sell, lease, sublease, rent, assign
or otherwise transfer or refuse to negotiate for the sale, lease,
sublease, rental, assignment or other transfer of the title, leasehold
or other interest in any housing unit to any person, or represent
that a housing unit is not available for inspection, sale, lease,
sublease, rental, assignment or other transfer when in fact it is
so available, or otherwise deny or withhold any housing unit from
any person because of race, color, religion, creed, ancestry, age,
sex, national origin, or use of a guide dog because of the blindness
of the user.
2.
No owner shall refuse to sell, lease, sublease, rent, assign or otherwise
transfer the title, leasehold or other interest in any housing unit,
which is part of a housing unit to any person, or otherwise deny or
withhold such housing unit or deny or withhold the furnishing of services
in connection therewith from any person because of race, color, religion,
creed, ancestry, age, sex, national origin or use of a guide dog because
of the blindness of the user.
3.
No real estate broker or real estate salesperson or agent shall include
in the terms, conditions, or privileges, or services in connection
therewith of any sale, lease, sublease, rental, assignment or other
transfer of any housing unit, any clause, condition or restriction
discriminating against any person in the use or occupancy of such
housing unit because of race, color, religion, creed, ancestry, age,
sex, national origin, or use of a guide dog because of the blindness
of the user.
4.
No person shall include in the terms, conditions, or privileges of
the sale, lease, sublease, rental assignment or transfer of a housing
unit, which is part of a housing accommodation, any clause, condition
or restriction [which will] discriminate against any person in the
use or occupancy of such housing unit because of race, color, religion,
creed, ancestry, age, sex, national origin, or use of a guide dog
because of the blindness of the user.
5.
No person shall discriminate in the furnishing of any facilities
or services for a housing unit, which is part of a housing accommodation,
because of race, color, religion, creed, ancestry, age, sex, national
origin, or use of a guide dog because of the blindness of the user.
6.
No real estate broker, real estate salesperson or agent, owner or
any other person or any lending institution shall publish or circulate,
or cause to be published or circulated, any form of application for
the purchase, lease, rental or financing of housing, or make any record
or inquiry in connection with the prospective purchase, rental or
lease of housing, which expresses directly or indirectly any limitation,
specification or discrimination as to race, color, religion, creed,
ancestry, age, sex, national origin, or use of a guide dog because
of the blindness of the user, or any intent to make any such limitation,
specification, or discrimination.
7.
No person, whether or not a real estate broker, real estate salesperson
or agent, owner or lending institution, shall aid, incite, compel,
coerce or participate in the doing of any act declared to be unlawful
housing practice under this Part or obstruct or prevent enforcement
or compliance with the provisions of this Part of any rule, regulation
or order of the Commission, or attempt directly or indirectly to commit
any act declared by this Part to be an unlawful housing practice.
[Ord. 595, 12/29/1982, § IV]
Nothing in this Part shall bar any religious or denominational
institution or religious or denominational organization which is operated,
supervised or controlled by or in connection with a religious organization,
from limiting admission to or giving preference to persons of the
same religion or denomination, or from making such selection as is
calculated by such organization to promote the religious principles
for which it is established or maintained, as long as such selection
or preference is not on the basis of race, color, creed, ancestry,
age, sex, national origin, or use of a guide dog because of the blindness
of the user.
[Ord. 595, 12/29/1982, § V]
The Stroudsburg Hearing Board shall hear complaints that a person
within the Borough of Stroudsburg has violated this Part. The Hearing
Board shall hear the complaint, make a decision and take action pursuant
to procedure and regulations which they shall establish.
[Ord. No. 1153, 9/5/2023]
1.
Purposes. This Part is intended to serve the following purposes:
A.
To protect and promote the public health, safety, and general welfare
of the citizens of the Borough;
B.
To establish rights and obligations of owners and occupants relating
to the rental of certain residential units in the Borough of Stroudsburg
and to see that rental housing within the Borough is properly maintained;
C.
To ensure that owners, managers, and occupants share responsibilities
to comply with codes, to prevent overcrowding, and to avoid nuisances
for neighboring residents;
D.
To provide for a system of inspections and for issuance and renewal
of licenses and to establish penalties for violations.
[Ord. No. 1153, 9/5/2023]
As used in this Part, the following terms shall have the following
meanings. If a term is not defined in this Part but is defined in
the adopted ordinances or codes of the Borough, then that definition
shall apply to this Part.
Any code or ordinance enacted by or in effect within the
Borough of Stroudsburg as may be amended from time to time, including,
but not limited to, fitness for habitation, the construction, maintenance,
operation, occupancy, use, vermin and rodent control, or public health
matters of any premises or dwelling unit.
The Borough-appointed Code Enforcement Officer(s) having
the duty to enforce this Part 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 Part.
The space contained in buildings having multiple regulated
rental units, which is not part of an individual regulated rental
unit and can be shared among occupants of the dwellings. Common areas
shall be considered as part of the premises for purposes of this Part.
A building including one or more dwelling units.
A residential living area for one family (as defined in the
Code) that includes living and sleeping purposes and that has its
own cooking facilities and a bathroom with a toilet and a bathtub
and/or shower.
A person who is present on the premises of a regulated rental
unit with the actual or implied consent of an occupant.
This term shall have the same meaning as "owner."
An adult individual designated by the owner of a regulated
rental unit under this Part. The manager shall be the agent of the
owner for service of process and receiving notices or demands and
to perform the obligation of the owner under this Part and under rental
agreements with occupants.
See "tenant."
One or more persons, jointly or severally, in whom is vested
all or part of the legal title to the premises and who has a right
to transfer use and/or possession of the property to a third party
or has exercised that right through lease or license. The term "owner"
shall also include, but not be limited to, a mortgage holder who is
in possession of a regulated rental unit.
A dwelling unit where at least one owner of record resides
as his/her primary residence.
A natural person, partnership, corporation, unincorporated
association, limited partnership, trust, or any other legally existing
recognized entity that is capable of ownership.
Sworn law enforcement officers who have the legal ability
to effectuate arrest, including, but not limited to, the Stroud Area
Regional Police Department authorized to serve the Borough of Stroudsburg,
the Pennsylvania State Police, and/or the Stroudsburg University Police.
Any parcel of real property located in the Borough, including
dwelling(s), common areas, and land and appurtenant structures, on
which one or more regulated rental units is located.
A dwelling unit that is occupied for residential purposes
and that is not:
Owner-occupied dwelling units.
Hotels and motels used for short-term (less than two weeks)
transient visitors to the area.
Hospitals and state-licensed nursing homes and personal-care
homes.
Bed-and-breakfast homes as defined in the Borough's Zoning
Ordinance.[1]
Dwelling units that are owned by the Monroe County Housing Authority,
or its successor entity, shall be exempt from the requirements of
this Part for a regularly scheduled Borough inspection if the CEO
annually certifies that the Housing Authority's inspection program
is sufficient for serving the purposes of this Part. Units that are
subsidized but not owned by the Housing Authority (such as Section
8 Program Housing) are regulated rental units for the purposes of
this Part and are not exempt from this Part.
A legally enforceable agreement between owner and tenant/occupant
embodying the terms and conditions concerning the use and occupancy
of a regulated rental unit and executed by all parties subject to
the agreement.
The license issued to the owner of regulated rental units
under this Part, which is required in order to lawfully rent and occupy
regulated rental units. Until a rental unit has been inspected and
a license issued, the residential rental license shall be considered
a residential rental registration.
A residential use that includes two or more rooming house/boardinghouse
units.
A unit of space assigned or leased to one or more persons
for residential purposes, which does not otherwise meet the definition
of "dwelling unit" and that is not within a Borough-permitted hotel
or bed-and-breakfast inn.
An occupant of a regulated rental unit with whom a legal
relationship with the owner is established by written or oral lease,
sublease or other enforceable possessory right under the laws of the
Commonwealth of Pennsylvania.
Persons who are not related to each other, as provided in
the definition of "family" in this Part.
[Ord. No. 1153, 9/5/2023]
1.
License Requirement.
A.
A residential rental license shall be required for all regulated
rental units. By September 1 of each year, the owner or his duly authorized
agent shall be required to apply for a residential rental unit license
for each regulated rental unit. A rooming house only requires a single
license for all units within the rooming house building.
(1)
A residential rental license shall not be issued or renewed
until:
(a)
All overdue real estate taxes, water, sewage and garbage/rubbish
collection fees that are owed to the Borough of Stroudsburg or its
authorities or assignees or lessees have been paid in full for all
properties owned, in whole or in part, by the applicant in the Borough;
and
(b)
The owner has designated and provided information concerning
a manager or designated agent, when applicable; and
(d)
A residential rental license shall not be issued or renewed
if the owner has not paid any fines and costs arising from enforcement
of this Part or any codes of the Borough of Stroudsburg relating to
zoning and/or code enforcement related to the regulated rental unit,
or if any licensing fees under this Part are past due to the Borough.
C.
The owner or manager shall:
(1)
Maintain a current list of all occupants age 18 or older in
each regulated rental unit, which shall include their name, email
address, address and telephone number;
(2)
Furnish such list to the Borough annually, in writing, with
the housing license/registration renewal each year;
(3)
Notify the Borough, in writing, of all changes in the number,
names, or occupant contact information of all occupants age 18 or
older within 10 days after a change; and
(4)
Provide the executed addendum to lease.
2.
Registrations, Licenses, and Fees.
A.
Each regulated rental unit shall be licensed for a term of one calendar
year. Each licensed regulated rental unit shall be subject to inspection
every three years, based upon a schedule established by the CEO, except
as provided below.
(1)
The Borough is not obligated to complete all inspections within
the time frame set forth herein. The Borough may instead inspect the
unit at any time, as set forth herein.
(2)
This Part shall not prevent the Borough from requiring additional
inspections of a dwelling where the Borough has a reasonable suspicion
that violations may be present, which may be based upon written complaints
of tenants, fire personnel, police, and/or neighbors.
(3)
A resale inspection or certificate of occupancy does not relieve
the obligation of obtaining a regulated rental unit inspection.
(4)
At any time an occupant may request an inspection by the CEO.
B.
For each regulated rental unit, an applicant shall pay to the Borough
an annual license fee.
(1)
The annual fee for a regulated rental unit license shall be
set by resolution of Borough Council. The fee for a calendar year
shall be paid by September 1 of the calendar year for which the license
is requested. If the annual fee is not paid by September 1, a penalty
with an additional cost as provided for by resolution of Borough Council
shall apply. An application for a residential rental unit license
must be received by the Borough no later than September 1 of each
year. The license fee is intended to cover the Borough's actual
costs for administering the program and for inspections as set forth
below and related expenses. An application shall not be considered
complete and a license issued until the required fee(s) have been
paid in full.
(2)
The annual fee is intended to cover the costs of up to two inspections
of the premises in any three-year period, such as an initial inspection
and then a follow-up inspection to ensure that the violations have
been corrected.
(3)
If three or more inspections are needed in any three-year period
for the premises, such as when the follow-up inspection finds that
violations have not been corrected, then an additional fee as established
by resolution of Borough Council shall apply for each inspection after
the first two.
(4)
The fee to reinstate a revoked and/or suspended residential
rental license shall be as provided for by resolution of Borough Council
per dwelling unit or per rooming house building. A fee shall also
be established by resolution of Borough Council for the appeal of
an action pursuant to this Part.
(5)
The fees provided in this Part may be revised from time to time
by resolution of Borough Council.
(6)
If any inspection is needed for the premises because the CEO
was not able to enter the unit at the time the inspection had been
scheduled with the owner or manager, then an additional fee will be
charged as provided for by resolution of Borough Council.
C.
The issuance of a residential rental license is not a warranty that
the premises is lawful, safe, habitable, or in compliance with the
Code. Rather, the license indicates that the premises are either set
to be inspected on a routine basis or, if inspected, the premises
met the Code requirements subject to the inspection on the day and
at the time of the inspection.
3.
Inspection.
A.
Each premises shall be subject to inspection by the CEO.
B.
CEOs are the officials authorized to enforce this Part and to take
appropriate measures to abate violations hereof for and on behalf
of the Borough of Stroudsburg.
C.
This Part shall not limit the CEO's authority to conduct inspections
or enforcement actions under other Code provisions or to require that
a property be made available for inspection whenever there is reasonable
suspicion that a violation of the Code may exist.
4.
Administrative Search Warrants. Within the limitations of federal
and state law, a CEO may apply to a Magisterial District Judge or
any legal authority having jurisdiction for an administrative search
warrant to enter and inspect a regulated rental unit and the premises.
Such warrant is only required where access to a regulated rental unit
or common areas is denied to the CEO after a request to a person with
a possessory interest in the regulated rental unit.
[Ord. No. 1153, 9/5/2023]
1.
General.
A.
It shall be the duty of every owner to keep and maintain all owned
regulated rental units in compliance with the Code and to ensure the
premises is maintained in good and safe condition. The owner shall
cooperate with the CEO in the performance of inspections.
B.
As provided for in this Part, every owner shall be responsible for
regulating the proper and lawful use and maintenance of every dwelling
and each regulated rental unit which he/she or it owns. Every owner
shall include provisions in a rental agreement which require occupants
to comply with this Part.
C.
A residential rental license is required by this Part for each regulated
rental unit. If a valid license has not been issued or the license
has been revoked, then the regulated rental unit shall not be rented
for residential use. If a regulated rental unit is rented for residential
use without a valid residential rental license, such action shall
be a violation of this Part.
D.
This section shall not be construed to diminish or relieve in any
way the responsibility of occupants, tenants, or their guests for
their conduct or activity. This Part shall not be construed as an
assignment, transfer or projection onto any owner of any liability
in addition to that which exists independent of this Part under civil
or criminal law for tenants' or guests' conduct or activity.
E.
This Part is not intended, nor shall its effect be, to limit any
other enforcement remedies at law or equity, including injunctive
relief which may be available to the Borough against an owner, occupant,
tenant, or guest thereof.
F.
The owner may designate an agent or a manager to assist the owner
in meeting the owner's duties and obligations as set forth in
this Part. It shall not be a defense for failure to comply with this
Part based on the owner's designation of a manager or agent.
G.
The owner, owner's designated agent or manager may be required
to accompany the CEO in scheduled inspections at the property conducted
under this Part.
2.
Designation of Manager.
A.
If the owner is not a full-time resident of the Borough of Stroudsburg
or does not live or have a primary physical work address (beyond a
post office box) within a twenty-mile radius of the Borough of Stroudsburg
and within the Commonwealth of Pennsylvania, then the owner shall
designate a person to serve as manager who does reside or have a primary
physical work headquarters (beyond a post office box) within a twenty-mile
radius of the Borough of Stroudsburg. If the owner is a corporation,
partnership or similar entity, a manager shall be appointed meeting
the above requirements.
B.
The legal name, mailing address, email address, daytime physical
address (not a post office box), and daytime and evening telephone
number(s) of a person who is designated as the manager shall be provided
in writing by the owner to the Borough, and such information shall
be kept current and updated within five business days after it changes.
Such information shall also be provided and updated to each tenant
within the same time frame.
C.
The manager shall be authorized to accept service of process of legal
notices and complaints on behalf of the owner for matters relating
to the regulated rental unit, in addition to any other person the
owner designates, to accept service of process.
D.
If an owner designates a manager, then the Borough may, as a convenience
but not as a requirement, provide copies of notices of service of
process to owner via first-class mail at the last address provided
to the Borough in writing by the owner.
E.
The manager shall have authority to act on behalf of the owner to
correct Code violations, maintain the premises, respond to tenants'
complaints and emergency situations and evict tenants when necessary.
3.
Disclosure. The owner or manager shall provide to each prospective
tenant, in writing, on or before the commencement of the tenancy,
the name, address and telephone number of the manager or the name,
address and telephone number of the owner of the premises if a manager
is not required to be designated. The residential rental unit license
shall also be readily available on the premises.
4.
Maintenance of Premises.
A.
The owner shall maintain the premises in compliance with code and
shall regularly perform or cause to be performed all routine maintenance,
including lawn mowing and ice and snow removal, and shall promptly
make any and all repairs necessary to fulfill this obligation.
B.
The existence of an agreement between the owner and the tenant to
make repairs to a dwelling or regulated rental unit in lieu of rent
shall not relieve an owner of any responsibility under the Code for
proper repair and maintenance of the premises.
5.
Rental Agreement.
A.
All occupants of a regulated rental unit shall be provided with and
execute a written rental agreement establishing the terms of their
tenancy. Each rental agreement shall contain an addendum to residential
rental agreement in a form approved by the Borough, which shall be
executed by the parties and provided to the Borough prior to the commencement
of tenancy. The addendum to residential rental agreement may be revised
by resolution of Borough Council.
B.
The owner and occupant shall not include text in a rental agreement
that is contrary to the provisions of this Part and shall insert such
provisions as necessary to facilitate enforcement of the provisions
herein. Nothing herein, however, is to be construed as to limit the
owner's ability to insert more stringent provisions in establishing
the contract with the tenant.
C.
Rental agreements for regulated rental units shall be consistent
with the provisions of the Pennsylvania Landlord and Tenant Act[2] and shall incorporate § 250.505-A of such Act
which addresses illegal sale, manufacture or distribution of controlled
substances by tenants.
[2]
Editor's Note: See 68 P.S. § 250.101 et seq.
6.
Common Areas. The owner of a regulated rental unit shall ensure that
any common areas are maintained in compliance with the Code.
7.
Code Violations. Upon receiving notice of any Code violations from
the CEO, the owner shall take necessary action, or cause such action
to be taken, to eliminate the violation within the time limit provided
on the notice or citation. In case the owner of the premises shall
neglect, fail, or refuse to comply with any Code notice from the Borough
to correct a violation, the Borough may cause the violation to be
corrected by invoking such remedies available under the Code. A Code
violation may be the basis for a suspension of the regulated rental
license.
8.
Inspections. The owner or manager shall allow and schedule inspections
by a CEO of the premises during Borough business hours, after a minimum
of five calendar days' notice have been provided to the owner
or manager. The owner or manager shall provide a minimum of three
calendar days' advance notice to at least one adult occupant
of each regulated rental unit of the time and date of the inspection.
These advance notice requirements shall not apply under the following
circumstances:
[Ord. No. 1153, 9/5/2023]
1.
General.
A.
The occupant shall comply with all obligations imposed upon occupants
and guests by this Part, the Code, and federal and state laws.
B.
A regulated rental unit shall be occupied to a density that is in
conformance with the Borough Zoning Ordinance.[1] The occupancy of a regulated residential unit shall always
comply with the occupancy limits of the Code. All occupants of a regulated
residential unit shall be subject to violation of this provision if
they are found to be in violation of density or occupancy requirements
found elsewhere in the Code.
C.
The occupant shall allow regularly scheduled inspections of a regulated
rental unit pursuant to this Part.
D.
The occupant shall maintain correct occupant contact information
with the owner or manager.
2.
Health Regulations. Occupants shall maintain the premises in a neat
and sanitary condition so as to not adversely affect the health, safety
and welfare of Borough residents.
3.
Illegal Activities. Occupants shall not engage in, tolerate, or permit guests on the premises to engage in any conduct declared illegal under any federal, state, or local criminal statute or ordinance, including the Pennsylvania Crimes Code (18 Pa. C.S.A. § 101 et seq.) or the Liquor Code (47 P.S. § 1-101 et seq.), or the illegal sale or distribution of controlled substances under the Controlled Substance, Drug, Device and Cosmetic Act (35 P.S. § 780-101 et seq.), or their successor laws.
4.
Inspection of Premises. Occupants shall permit inspections by a CEO
of the premises pursuant to this Part, after receiving notice from
the owner, manager or the Borough. An occupant may also invite the
CEO into his/her unit at any time. Failure of an occupant to allow
and coordinate required inspections shall be a violation of this Part.
[Ord. No. 1153, 9/5/2023]
1.
General. The CEO may initiate enforcement actions against an owner
and/or manager for violating any provision of this Part or the Code
as set forth herein.
2.
Responses to Violations of this Part and Other Borough Codes.
A.
Notice of Code Violations. The CEO shall provide to the owner and/or
manager written notification of violations of the Code. The notice
of Code violations shall require that violations be corrected within
a reasonable time period, not to exceed 40 days, as established by
the CEO and the enforcement provisions of such Code. Violations which
do not render a property uninhabitable or a threat to public safety
shall be corrected within the time frame established by the CEO in
the notice of violation.
B.
In the event a CEO determines that the regulated rental unit is unfit
for human habitation or a threat to public safety, the CEO may order
that the regulated rental unit, dwelling, or premises be vacated,
depending upon the circumstances, and shall remain vacated until such
time as the violations rendering the unit uninhabitable are corrected.
C.
Nonrenewal. If, at the time of renewal, violations exist which do
not render the premises uninhabitable, unsafe, or a threat to public
safety, the CEO may permit the current occupants to remain in the
premises for the time frame set to correct such violation. No new
occupants may be allowed to inhabit a premises which has uncorrected
Code violations.
D.
Suspension by CEO.
(1)
The immediate suspension of the license to rent a regulated
rental unit shall occur if the CEO determines that the violation(s)
or any combination thereof of the Code renders the regulated rental
unit unfit for habitability, unsafe, or a threat to public safety.
Such suspension shall be immediately effective and remain in force
until all violations of the Code are corrected, the premises reinspected,
and a new license issued.
(2)
The CEO may suspend the license to rent a regulated rental unit
if the owner and/or the manager demonstrate a course of conduct wherein
they are not available or do not respond to contacts by the CEO.
(3)
The CEO may suspend the license to rent a regulated rental unit
if the owner and/or the manager fail to provide updated contact information
or if the owner fails to designate a new manager if the manager listed
with the Borough no longer represents the owner.
(4)
A license to rent a regulated rental unit may be suspended if
the CEO determines that incomplete or inaccurate information was submitted
in the application.
(5)
Each notice of suspension issued by a CEO shall be effective
30 days after the notice of suspension is served in accordance with
this Part. Any suspension which is appealed herein within the applicable
time frame for such appeals shall be stayed pending the outcome of
the appeal.
E.
Notification of suspension or nonrenewal of license. If the CEO determines
that there are grounds for not granting a license, nonrenewal or suspension
of a license, the CEO shall notify the owner or manager of the action
to be taken and the reason therefor.
(1)
Service of Notice; Content.
(a)
Such notification shall be in writing, addressed to the owner
or manager in question. The serving of notice or legal process upon
the person designated manager of a premises shall constitute service
of process on the owner. The owner is responsible to notify the Borough
of any change in the manager's contact information. The manager
or agent shall have responsibility to inform the owner of any enforcement
or compliance matters. Notices shall be served by one or more of the
following methods:
(b)
Each notice shall contain the following information:
1)
The address of the premises in question and identification of
the affected regulated rental unit(s).
2)
A description of the violation(s) which have been found to exist.
3)
A statement that the regulated rental unit has not been registered,
or that the license for said residential rental unit(s) will not be
granted, suspended, shall be revoked, or will not be renewed for the
next license period.
4)
Time deadlines for compliance, if any, shall be provided in
the notice.
5)
Information regarding the appeal process.
(2)
The Borough may post the premises and the Borough shall not
be responsible for failing to provide notice where the owner has not
provided an up-to-date name and address for the owner or the manager
for the rental unit. Posting of the premises, in all cases, shall
be sufficient notice.
(3)
There shall be a presumption that any notice required to be
given to the owner under this Part shall have been received by such
owner if the notice was given to the owner in the manner provided
by this Part.
(4)
A claimed lack of knowledge by the owner of any violation hereunder
cited shall not be a defense to rental license nonrenewal, suspension,
or revocation as long as all required notices involving such proceedings
have been sent to the last address of record with the Borough as provided
by the owner.
(5)
In the event that the notice is returned by the postal authorities
marked "unclaimed" or "refused," then the CEO shall post the notice
at a conspicuous place on the premises.
(6)
In the event a manager is designated, the Borough will provide
copies of notices of service of process to the owner via first-class
mail at the last address provided to the Borough in writing by the
owner.
F.
Reinstatement. A residential rental unit license shall be reinstated
if the owner of a regulated rental unit corrects the reason for the
suspension or revocation of the residential rental license and the
owner has:
3.
Appeals.
A.
Any person aggrieved by a decision, notice, or order of the CEO under
this Part shall have the right to appeal to Borough Council. The right
of appeal includes:
B.
A notice of violation of Code, other than in this Part, shall be
appealed to the appropriate board designated to handle appeals for
the specific Code violations.
C.
A written application for appeal is required to be filed within 30
days after the day the decision, report, notice, or order was served.
(1)
A fee, as provided for by resolution of Borough Council, shall
be paid in advance by the person requesting the hearing for each appeal
to Borough Council. If the appeal is found in favor of the applicant,
then such fee shall be returned.
(2)
Failure to file a timely appeal shall deem any determination
appearing in a decision, report, notice, or order of the CEO conclusive
for the purposes of future actions under this Part.
[Ord. No. 1153, 9/5/2023]
1.
Basis for Violation. It shall be unlawful for any owner or manager of a regulated rental unit to operate and lease without a valid current residential rental unit license issued by the Borough. It shall be unlawful for any owner or manager to allow the number of occupants of a regulated rental unit to exceed the maximum number allowed by the Code. It shall be unlawful for any owner and/or manager to violate the section of this Part entitled "owner's duties" in § 11-204. It shall be unlawful for any tenant to violate the section of this Part entitled "occupant's duties" in § 11-205. It shall be unlawful for any owner, manager, tenant, or other occupant to violate any provisions of this Part. In the event that an owner or manager fails to make application for a license for a regulated rental unit, the owner shall be provided by the CEO a thirty-day notice of violation, warning them of their failure to comply with the terms of this Part. If the owner does not comply within the thirty-day notice period, the owner is then subject to the penalties herein set forth.
2.
Penalties.
A.
The penalties and remedies for a violation of the Borough's
Property Maintenance Code shall be as established in such code.
B.
Any person who violates a provision of this Part shall, upon conviction
thereof before a Magisterial District Judge, be guilty of a summary
offense and shall be liable to pay the following penalties:
(1)
First violation on a lot with no prior violations in the previous
12 months: a fine of $200 or imprisonment for not more than 30 days.
(2)
Second and each subsequent violation on a lot within a twelve-month
period: a fine of $500 or imprisonment for not more than 30 days.
(3)
Each thirty-day period that a violation continues to exist after
the time limit established by the CEO for correction of the violation
shall constitute a separate violation for each thirty-day period it
continues to occur and shall incur an additional fine.
(4)
A violator of this Part shall also be required to reimburse
the Borough for the costs of prosecution, including legal fees, incurred
by the Borough, as well as the costs of collecting any fines or costs.
3.
Nonexclusive Remedies. The penalty provisions of this Part and the
license nonrenewal, suspension, and revocation procedures provided
in this Part shall not limit the ability of the Borough to enforce
other Borough ordinances and to utilize the penalties, remedies, and
procedures provided under such other Borough ordinances and state
law.
[Ord. No. 1153, 9/5/2023]
1.
Changes in Ownership/Occupancy.
A.
Each owner of a regulated rental unit shall notify the CEO in writing
within five business days after any change in ownership of the premises
or of the number of regulated rental units on the premises and to
submit new contact information.
B.
The owner shall notify the CEO in writing within a maximum of five
business days after the changing of a dwelling unit from owner-occupied
to being a regulated rental unit for purposes of this Part. Failure
to so notify the CEO shall be considered a violation of this Part.
2.
Owner Separately Responsible. If any regulated rental unit is owned
by more than one person, in any form of joint tenancy, as a partnership
or otherwise, each person shall be jointly and severally responsible
for the duties imposed under the terms of this Part and shall be separately
subject to prosecution for the violation of this Part.
[Ord. No. 1153, 9/5/2023]
The fees set forth in this Part shall be established from time
to time by resolution of the Stroudsburg Borough Council.
