[HISTORY: Adopted by the Borough Council of the Borough of
West Reading as indicated in article histories. Amendments noted where
applicable.]
[Adopted 5-19-1998 by Ord. No. 801 (Ch. XI, Part 1, of the 1993 Code
of Ordinances); amended in its entirety 4-18-2023 by Ord. No. 1163]
The purpose of this article and the policy of the Borough of
West Reading, Berks County, Pennsylvania, is to protect and promote
the public health, safety and welfare of its residents by establishing
duties and responsibilities of owners and occupants of residential
rental units in the Borough and encouraging them to adequately maintain
and improve the quality of rental housing within the Borough.
Unless otherwise expressly stated, the terms below shall have
the meanings indicated as follows for the purpose of this article:
The Borough of West Reading, Berks County, Pennsylvania.
The duly appointed Code Enforcement Official(s) having the
duty to enforce this and other codes and ordinances of the Borough
of West Reading.
Any state or local code or ordinance adopted, enacted, and/or effective in the Borough that concerns the fitness for habitation or the construction, maintenance, operation, occupancy, use or appearance of any premises or residential rental unit, including but not limited to the Uniform Construction Code, International Plumbing Code, International Building Code, as adopted by the Borough in Chapter 188 of the Code of the Borough of West Reading, the International Fire Code, as adopted by the Borough in Chapter 228 of the Code of the Borough of West Reading, the International Property Maintenance Code, as adopted by the Borough in Chapter 341 of the Code of the Borough of West Reading, the Borough of West Reading Zoning Ordinance, as amended, as adopted by the Borough in Chapter 455 of the Code of the Borough of West Reading, as well as any other duly enacted amendment or supplement to any of the above, and any new enactment falling within this definition and the general public nuisance laws of the Commonwealth of Pennsylvania.
The County of Berks.
Any act by an occupant or guest that emanates from, is connected
with, or related to his residential rental unit that involves public
drunkenness, public urination or defecation, the unlawful deposit
of trash or litter on public or private property, damage to or destruction
of public or private property, the obstruction of public roads, streets,
highways or sidewalks, interference with emergency or police services,
unreasonable noise or an odor that disturbs other persons of reasonable
sensibility in their peaceful enjoyment of their property, use of
profane or obscene language or gestures, indecent exposure, fighting
or quarrelling, or any other act constituting "disorderly conduct"
under the Pennsylvania Crimes Code, 18 Pa.C.S.A. § 101 et
seq., or which is prohibited by any ordinance or regulation of the
Borough that is injurious to the health, safety, or welfare of the
residents of the Borough residing in the neighborhood or vicinity
of the residential rental unit. The disruptive conduct need not be
an action constituting a criminal offense for the disruptive conduct
to be considered disruptive conduct under this article; provided,
however, that no disruptive conduct shall be deemed to have occurred
unless a Code Enforcement Officer or a police officer investigates
the occurrence, makes a determination that such activity did occur,
and makes appropriate written records, which shall include a Disruptive
Conduct Report of the occurrence.
A written report by a police officer or Code Enforcement
Officer as a result of a person's complaint to the Borough regarding
an occupant's disruptive conduct.
A building or portion thereof arranged or designed for occupancy
by not more than one family and having separate cooking and sanitary
facilities.
One or more persons who are related by blood, marriage, or
adoption and who reside together, or no more than four persons who
are not related by blood, marriage, or adoption and who live together
and share household expenses; who share kitchen facilities and dine
together regularly; who may and/or do participate in all activities
occurring on the premises; and who have access to all areas of the
premises. This does not include, however, family care facilities,
group care facilities, or correctional, penal, therapeutic, or other
institutional facilities for treatment and/or rehabilitation.
When the Code Enforcement Officer revokes the owner's
permit for all residential rental unit(s) at the premises.
A person on the premises with the actual or implied consent
of an occupant.
The Landlord and Occupant Act of 1951, as amended, 68 P.S.
§ 250.101 et seq.
A person who is in the direct line of decent from the ancestor
who is the legal owner of the dwelling unit. The term includes husband
and wife, parent and child, brother and sister, and grandparent and
grandchild. It does not include a collateral line of descent such
as cousins, aunts, uncles, nephews, or nieces.
A person responsible for the management of one or more of
the owner's residential rental units within the Borough and who
is authorized to accept service of process, notices, and demands on
the owner's behalf.
Any person living or sleeping in a residential rental unit
or having actual possession of the same, not including any lineal
descendant of the owner.
A person who holds record title of or is duly authorized to
manage (as executor, administrator, or agent under a power of attorney)
a premises where a residential rental unit is located. If the owner
includes more than one person then each such person shall be considered
an owner and shall have all of the duties and responsibilities of
an owner under this article.
Any provision in this article regulating an activity or imposing
a penalty upon an owner that constitutes a partnership or association
shall be effective against each general partner.
Any provision in this article regulating an activity or imposing
a penalty upon an owner that constitutes a corporation shall be effective
against each officer.
Any provision in this article regulating an activity or imposing
a penalty upon an owner that constitutes a limited liability company
shall be effective against each member and manager.
Any provision in this article regulating an activity or imposing
a penalty upon an owner that constitutes a trust shall be effective
against each trustee.
Any provision in this article regulating an activity or imposing
a penalty upon an owner that is an executrix, administrator, or agent
under a power of attorney managing the premises where the residential
rental unit is located for an estate or natural individual, respectively,
shall be effective against each executrix, administrator, or agent
as applicable.
When the Code Enforcement Officer revokes the owner's
permit for one or more specific residential rental unit(s) at the
premises, not the entire premises and all residential rental units
thereon.
A rental occupancy permit issued to the owner of a residential
rental unit under this article for lawful rent and habitation by an
occupant.
A natural individual, or any partnership, corporation, limited
liability company, unincorporated association, trust or other legally
recognized entity, executor or administrator of an estate, agent of
a natural individual with the power to manage that natural individual's
real property pursuant to a valid power of attorney.
A sworn law enforcement officer of the Police Department
of the Borough, or any other law enforcement agency having jurisdiction
within the Borough.
A parcel of real property within the Borough, including the
land and all buildings and appurtenant structures on which one or
more residential rental units are located.
Monetary or nonmonetary compensation for providing a residential
rental unit for lease and habitation by an occupant.
An agreement or written lease between owner and occupant,
which shall be supplemented by the addendum required herein, embodying
the terms and conditions for the rent and occupancy, and use a premises
by an occupant.
Any portion of a premises in the Borough held by an owner
for rent by an occupant, including but not limited to a single-family
dwelling, two-family dwelling or duplex, multifamily dwelling, apartment,
guesthouse, and rooming unit. A residential rental unit shall not
include a hotel unit or hospital room utilized for medical services.
A room or group of rooms forming a single habitable unit
that is used or intended to be used for living and sleeping, although
the kitchen and/or bathroom facility or facilities are shared amongst
the occupants.
For purposes of this article, a twelve-month period shall
be calculated by counting 12 months back from the most recent Disruptive
Conduct Report.
The provisions of this article shall govern the rent of any
residential rental unit by an owner to an occupant.
Any owner or manager of a residential rental unit shall be responsible
for compliance with the requirements of this article.
A.
The owner or manager shall have the duty to:
(1)
Keep and maintain all residential rental units in a safe condition
fit for human habitation and compliant with all applicable codes,
federal, state, and local laws, rules, and regulations, including
but not limited to this article;
(2)
Manage, oversee, and police the conduct of its occupants to prevent,
prohibit, and minimize disruptive conduct;
(3)
Provide and pay or ensure payment of all utilities at the premises
necessary for the habitation of a residential rental unit by an occupant,
including but not limited to water, gas, electric, sewer, trash, and
recycling services;
(4)
Obtain and maintain a permit for each residential rental unit;
(5)
Take all actions necessary to ensure that each residential rental
unit is occupied by one family; and
(6)
Require a rental agreement, in writing, with an occupant of a residential
rental unit, which shall include the names of all permitted occupants.
B.
If the owner resides outside of Berks County, he is strongly encouraged
to retain the services of a manager to ensure compliance with this
article.
C.
If the owner constitutes any entity, not an individual, or is individual
that resides outside of the United States of America, then he shall
retain and provide the contact information of a manager who shall
have all of the same responsibilities, obligations and duties of the
owner.
The Code Enforcement Officer shall administer and enforce the
provisions of this article, and may propose rules and regulations
necessary for its efficient administration. Such rules and regulations
shall not be in conflict with this article and shall be submitted
to Borough Council for approval. If Borough Council approves the rules
and regulations so submitted, the same shall be filed in the office
of the Code Enforcement Officer and in the office of the Secretary
of the Borough.
A.
On annual basis or within 10 days after the occupancy or change of
occupancy of a residential rental unit, an owner who rents or has
available for rent a residential rental unit shall submit to the Code
Enforcement Officer a report, which is set forth in an Appendix hereto
titled "Tenant Listing,[1]" containing the information requested therein, which includes
but is not limited to:
(1)
Each residential rental unit that he owns regardless of its present
occupation;
(2)
The number of residential rental units located on any premises, which
amount shall neither exceed that allowed by any code nor specified
on the permit;
(3)
The complete street address and mailing address (if different from
the street address) of each residential rental unit; and
(4)
The occupancy status of each residential rental unit, the names and
date of birth of each occupant, each occupant's relationship
to one another and expected move-in and move-out date, and the contact
information for every occupant who is at least 18 years old.
[1]
Editor's Note: Said appendix is included as an attachment
to this article.
B.
An owner who has appointed a manager for a residential rental unit
shall submit to the Code Enforcement Officer a report, including the
name and contact information for said manager and what residential
rental unit(s) that he is managing, within 10 such days of appointment.
C.
Except as otherwise provided by this article, a rental agreement
shall not waive, forego, or attempt to waive or forego any rights,
duties, responsibilities, or remedies provided herein. Any provision
of a rental agreement in conflict with this article shall be null,
void, and legally unenforceable.
A.
Requirement to obtain a permit. No owner shall rent, attempt to rent,
or permit the occupation of any residential rental unit by an occupant
without first obtaining a permit from the Code Enforcement Officer
for each premises where a residential rental unit is located. A permit
for each premises is valid from July 1 to June 30. The owner shall
obtain a new permit for each premises before expiration of the then-current
permit. The owner's failure to obtain a permit for each and every
premises containing at least one residential rental unit shall constitute
a violation of this article.
B.
Permit fee. The owner shall pay a fee for each permit as established
by the Borough's duly adopted fee schedule. That fee associated
with each permit is payable in full by the owner to the Borough on
or before July 31 of each year otherwise it may be revoked by the
Code Enforcement Officer. When an owner is required to obtain a permit
but less than six months of the calendar year remain, he shall only
be responsible for payment of half of the fee to the Borough within
30 calendar days from the time of issuance of the permit.
An owner shall not transfer a permit for any premises to any third party. When any interest in a premises is sold, conveyed, or otherwise transferred by an owner the current permit for the premises is deemed to have expired, and the new owner or owners shall obtain a new permit for said premises within 20 calendar days of the said sale, conveyance, or transfer by complying with all provisions of this article, including but not limited § 355-8.
A.
Subject to the provisions of this article, the Code Enforcement Officer
is authorized and directed to inspect each residential rental unit
located within the Borough to determine if each residential rental
unit meets the minimum requirements set forth in the Appendix titled
"Rental Inspection Checklist," which is attached hereto and incorporated
by reference herein, for the health, safety, and welfare of the Borough's
residents, including the occupants.
B.
The Code Enforcement Officer may inspect a residential rental unit
at the following times:
(1)
When a residential rental unit has never been occupied but is proposed
for rent;
(2)
At least once every two years in accordance with a schedule for the
regular inspection of all residential rental units within the Borough;
(3)
Upon the Code Enforcement Officer's receipt of a complaint concerning
the residential rental unit's habitability;
(4)
Upon a determination by the Code Enforcement Officer that probable
cause exists to believe that a violation of the code or this article
exists at the residential rental unit; or
(5)
When the occupant of the residential rental unit is proposed to change;
provided, however, that the residential rental unit shall not be inspected
solely as a result of a changing occupant more than once during each
twelve-month period.
C.
The owner of the residential rental unit requiring an inspection
pursuant to this section has the duty and responsibility to inform
the Code Enforcement Officer of the same, and submit an inspection
application, which includes payment of an inspection fee to the Borough
as established by its duly adopted fee schedule. If a Code Enforcement
Officer is required to conduct a reinspection because a residential
rental unit fails inspection, the Borough may charge a reinspection
fee as established by its duly adopted fee schedule.
D.
Any inspection scheduled pursuant to any provision of this article
may be canceled once by the owner of the premises if he informs the
Borough at least 24 hours in advance of the scheduled inspection.
Failure to comply with these procedures for canceling the inspection
may result in the imposition of a cancellation fee and an increased
inspection fee per unit pursuant to the Borough's duly adopted
fee schedule in effect at that time. A fee pursuant to the Borough's
duly adopted fee schedule may also be imposed to reschedule an inspection
when required as a result of the owner's failure to appear at
the premises.
E.
The Code Enforcement Officer's inspection of any residential
rental unit shall only occur between the hours of 8:00 a.m. and 5:00
p.m., prevailing time, with an attempt at prior notice given to the
owner of the premises.
F.
The owner shall notify an occupant of a residential rental unit at
least 24 hours in advance of any proposed inspection of that residential
rental unit by the Code Enforcement Officer.
G.
If the Code Enforcement Officer is denied entry into the residential
rental unit by any person then he may apply to the appropriate authority
to obtain an administrative search warrant pursuant to the laws of
the Commonwealth of Pennsylvania.
H.
A Code Enforcement Officer shall issue a rental inspection compliance
letter to the owner of a residential rental unit that passes inspection
under the rental inspection checklist.
A.
No occupant of a residential rental unit shall engage in disruptive
conduct as defined by § 335-1 in this article.
B.
When an occupant of a residential rental unit engages in disruptive
conduct which produces a Disruptive Conduct Report, the disruptive
conduct leading to the Disruptive Conduct Report may be further investigated
by any police officer or Code Enforcement Officer of the Borough.
Within 30 calendar days, the Borough shall provide the Disruptive
Conduct Report to the owner and occupant of the residential rental
unit by regular mail sent to the residential rental unit, and the
owner's last known mailing address or that mailing address provided
in the application for the permit, which includes the following information
while redacting any identifying information about the complainant:
(1)
The mailing address of the residential rental unit where the disruptive
conduct occurred;
(2)
The specific nature, date, and time of the disruptive conduct by
an occupant as prohibited by the ordinance with legal citations thereto;
(3)
The identity and contact information of the occupant who engaged
in the disruptive conduct if the same is known; and
(4)
The identity and contact information of the complainant who contacted
the Borough about the disruptive conduct.
C.
An owner who allows an occupant to engage in disruptive conduct at
a residential rental unit as documented in a Disruptive Conduct Report
at least three times in six months may have his permit suspended,
partially or totally revoked, nonrenewed or denied at the discretion
of the Code Official for the premises containing that residential
rental unit.
D.
Upon the second instance of disruptive conduct at the residential
rental unit within six months, the Code Enforcement Officer shall
give notice to the owner and occupant personally or by regular and
certified or registered mail, return receipt requested, postage prepaid,
sent to the residential rental unit, and the owner's last known
mailing address or that mailing address provided in the application
for the permit, which encloses the two Disruptive Conduct Reports,
while redacting any identifying information about the complainant,
and provides at least:
(1)
The date of the notice, the name of the owner, and any other person
against whom the Borough may take action by suspending, partially
or totally revoking, nonrenewing or denying the permit;
(2)
The mailing address of the residential rental unit where the disruptive
conduct occurred;
(3)
The specific nature, date, and time of the disruptive conduct by
an occupant as prohibited by the ordinance with legal citations thereto;
and
E.
Contemporaneous with the Code Enforcement Officer suspending, partially or totally revoking, nonrenewing or denying a permit, he shall give notice to the owner and occupant personally or by regular and certified or registered mail, return receipt requested, postage prepaid, sent to the residential rental unit, and the owner's last known mailing address or that mailing address provided in the application for the permit, which encloses all Disruptive Conduct Reports necessitating the action, a summary of the latest disruptive conduct in accordance with § 355-11D(1) to (3), and also provides:
(2)
That a failure to appeal will result in a deemed violation and criminal enforcement proceedings may be initiated against you under the Pennsylvania Rules of Criminal Procedure pursuant to § 355-13;
F.
The owner, occupant, or any other person aggrieved by the suspension, partial or total revocation, nonrenewal or denial of the permit for the residential rental unit due to disruptive conduct may appeal that action within 10 calendar days of service of the notice under § 355-11E by filing an appeal with the Code Enforcement Officer in writing and enclosing therein the appropriate filing fee per the Borough's duly adopted fee schedule. The appeal will result in a hearing before the Borough Council pursuant to the Local Agency Law, 2 Pa.C.S.A. § 101 et seq., on the merits of the Disruptive Conduct Reports and the Code Enforcement Officer's action in suspending, partially or totally revoking, nonrenewing, or denying the permit for the residential rental unit. That hearing shall occur within 45 calendar days of the proper filing of the appeal.
G.
Borough Council has the following powers at the hearing, including
but not limited to:
(1)
Administering oaths, and issuing subpoenas to compel the attendance
of witnesses and the production of relevant documents at the hearing;
(2)
Affirming the Code Enforcement Officer's suspension, partial
or total revocation, nonrenewal or denial of the permit;
(3)
Partially affirming, denying, or modifying the Code Enforcement Officer's
suspension, partial or total revocation, nonrenewal or denial of the
permit to grant a variance from the terms of this article when literal
enforcement would create undue hardship due to special circumstances,
but the spirit and the intent of this article would be maintained;
or
(4)
Giving a reasonable extension of time for the Owner, Occupant or
other aggrieved individual to comply with the Code Enforcement Officer's
suspension, partial or total revocation, nonrenewal or denial of the
Permit where there is a demonstrated case of hardship and evidence
of a bona fide intent to comply within a reasonable time period.
H.
The Borough Council in exercising the above powers set forth in § 355-11G shall act with reasonable promptness and seek to prevent unwarranted delays prejudicial to the parties involved and the public interest, but need not announce a decision at the hearing so long as within 45 calendar days thereof it renders a written decision mailed to the parties, and announces the same at the next duly convened public meeting.
I.
An owner, occupant, or person aggrieved by the Borough Council's
decision may appeal to the Court of Common Pleas of Berks County pursuant
to the Local Agency Law, 2 Pa.C.S.A. § 101 et seq., within
30 days of the written decision's date. A notice of appeal shall
be served upon all parties involved in the hearing, including the
Borough Council.
J.
If the written decision is not appealed then the Code Enforcement
Officer or a police officer may inspect the residential rental unit
to determine compliance with that written decision at any time after
the appeal period has expired.
A.
When the Code Enforcement Officer determines or has reason to believe that any provision of this article other than § 355-11 has been violated then he shall give notice of violation to the owner and occupant personally or by regular and certified or registered mail, return receipt requested, postage prepaid, sent to the residential rental unit, and the owner's last known mailing address or that mailing address provided in the application for the permit. The notice of violation shall also be posted on the premises, and include the following information:
(1)
The date of the notice, the name of the owner, and any other person
against whom the Borough may take action due to the violation;
(2)
The mailing address of the residential rental unit subject to the
notice;
(3)
The specific nature or condition of the violation as prohibited by
this section with legal citations thereto, and the deadlines for the
time to start taking steps to achieve compliance and when compliance
must be achieved;
(5)
That a failure to comply within 10 calendar days or other applicable time frame, unless extended by appeal, may result in the Code Enforcement Officer suspending, partially or fully revoking, not renewing, or denying a permit under § 355-13;
(6)
That a failure to comply within 10 calendar days or other applicable time frame, unless extended by appeal, result in a deemed violation and criminal enforcement proceedings may be initiated against you under the Pennsylvania Rules of Criminal Procedure pursuant to § 355-13;
(7)
That a failure to comply within 10 calendar days or other applicable time frame, unless extended by appeal, will result in a deemed violation and proceedings may be initiated under the Pennsylvania Rules of Criminal Procedure for the sole purpose of setting criminal fines and other penalties against you pursuant to § 355-13;
(8)
That a failure to comply within 10 calendar days or other applicable time frame, unless extended by appeal, will result in a deemed violation and proceedings may be initiated before the Berks County Court of Common Pleas for the purpose of enjoining the disruptive conduct pursuant to § 355-13; and
B.
Any person aggrieved by the notice may appeal in writing to the Housing
Review Board within 10 calendar days of that notice's issuance
by the Code Enforcement Officer. The timeliness of the appeal is only
perfected if the appellant serves the Code Enforcement Officer with
notice of the appeal in person or by regular mail, and pays the Borough
the appeal fee as set forth on the Borough's duly adopted fee
schedule within the same ten-calendar-day time frame. Upon appeal,
the House Review board shall within 45 calendar days hold a hearing
pursuant to the Local Agency Law, 2 Pa.C.S.A. § 101 et seq.
Notice of the hearing shall be given by the Housing Review Board not
less than 10 days prior to the date of the hearing to the appellant,
the Code Enforcement Officer, and any other person who may request
such notice.
C.
At the hearing, the Housing Review Board shall review the determination
of the Code Enforcement Officer set forth within the notice of violation,
and has the following powers:
(1)
Administering oaths, and issuing subpoenas to compel the attendance
of witnesses and the production of relevant documents at the hearing;
(2)
Affirming the Code Enforcement Officer's determination;
(3)
Partially affirming, denying, or modifying the Code Enforcement Officer's
determination to grant a variance from the terms of this article when
literal enforcement would create undue hardship due to special circumstances,
but the spirit and the intent of this article would be maintained;
or
(4)
Giving a reasonable extension of time for the owner, occupant or
other aggrieved individual to comply with the Code Enforcement Officer's
determination where there is a demonstrated case of hardship and evidence
of a bona fide intent to comply within a reasonable time period.
D.
Within 45 calendar days of said hearing, the Housing Review Board
shall advise the appellant, in writing, of its order or decision,
and a copy of such order or decision shall be filed with the Borough
Secretary and the Code Enforcement Officer. Any order or decision
of the Housing Review Board may be further appealed to the Court of
Common Pleas of Berks County, Pennsylvania, pursuant to the Local
Agency Law, 2 Pa.C.S.A. § 101 et seq., within 30 days of
the written decision's date. A notice of appeal shall be served
upon all parties involved in the hearing, as well as the Borough Council.
E.
If the written decision is not appealed then the Code Enforcement
Officer may inspect the residential rental unit to determine compliance
with that written decision at any time after the appeal period has
expired.
F.
When the Code Enforcement Officer determines that a violation of
this article has or will result in an emergent condition endangering
the public health, safety, and welfare then he may immediately issue
an order declaring the existence of such emergent condition, and require
the person to take action to remedy the condition immediately. Any
person to whom such order is directed shall comply therewith immediately;
provided, however, that such person may file an appeal to the Housing
Review Board in accordance with the provisions of this section, but
such appeal shall not supersede the need to comply with Code Enforcement
Officer's emergency order.
A.
Any person who violates or fails to comply with or permits any person
to violate or fail to comply with any provision of this article may,
upon conviction in a summary proceeding under the Pennsylvania Rules
of Criminal Procedure, be guilty of a summary offense and shall be
punishable by a fine of not more than $1,000, plus court costs and
reasonable attorneys' fees incurred by the Borough as a result
of the enforcement. Upon judgment against any person by summary conviction,
or by proceedings by summons on default of the payment of the fine
or penalty imposed and the costs, the person may be sentenced and
committed to the Borough correctional facility for a period not exceeding
10 days or to the county correctional facility for a period not exceeding
30 days. Each day that such violation exists shall constitute a separate
offense, and each section of this chapter that is violated shall also
constitute a separate offense. In addition to or in lieu of enforcement
under this section, the Borough may enforce this chapter in equity
in the Court of Common Pleas of Berks County.
B.
Any person who violates or fails to comply with, or permits any person
to violate or fail to comply with any provision of this article may
have his permit suspended, partially or totally revoked, nonrenewed,
or denied. When the Code Enforcement Officer suspends, partially or
totally revokes, nonrenews, or denies an owner's permit then
that owner is immediately prohibited from allowing any occupant to
occupy or let any residential rental unit(s) for which that permit
has been suspended, partially or totally revoked, nonrenewed, or denied.
The Code Enforcement Officer shall not issue or reinstate a permit
until the owner pays the Borough a reinstatement fee, as established
by the duly adopted fee schedule, and abates or remediates the violation
necessitating the Code Enforcement Officer's action in suspending,
partially or fully revoking, not renewing, or denying the permit.
C.
Any person who violates or fails to comply with, or permits any person
to violate or fail to comply with any provision of this article may
be subject to enforcement in equity through the Borough obtaining
mandatory permanent injunction in a court of competent jurisdiction.
D.
The provisions of this section and the provisions of this article
governing fines, penalties, injunctive relief, suspension, revocation,
nonrenewal, or denial of a permit shall be independent, non-mutually
exclusive, separate remedies, all of which shall be available to the
Borough as may be deemed appropriate. The remedies and procedures
in this article are not intended to supersede or replace to any degree
the remedies provided to the Borough in the Borough's Property
Maintenance Code, the Borough of West Reading Zoning Ordinance,[1] or any other code or Borough ordinance, as amended from
time to time.
E.
Any penalty imposed is payable to the Borough.
The terms "and" and "or" shall be construed as being used interchangeably
throughout this article. Any male pronouns used in this article shall
also likewise be construed as also being applicable to and for the
opposite gender.
Any and all other ordinances or parts of ordinances in violation
or in conflict with the terms, conditions and provisions of this article
are hereby repealed to the extent of such irreconcilable conflict.
The terms, conditions and provisions of this article are hereby
declared to be severable, and, if any portion, part or provision of
this article is found by a court of competent jurisdiction to be invalid,
nonenforceable or unconstitutional, then the Borough Council declares
its intent that the article shall have been enacted without regard
to the invalid, nonenforceable, or unconstitutional portion, part
or provision herein.
This article shall become effective at the earliest time permitted
under Pennsylvania law.
