1.
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Registration Requirement.
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A.
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As a prerequisite to entering into a rental agreement or permitting
the occupancy of any regulated rental unit, except as provided in
Paragraph C., below, the owner of every such regulated rental unit
shall be required to complete a Selinsgrove Borough RENTAL PROPERTY
REGISTRATION FORM for each regulated rental unit.
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B.
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Registration shall be required for all regulated rental units.
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C.
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The following categories of rental properties shall not require
registration, and shall not, therefore, be subject to the permitting
provision of this Part:
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(1)
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Owner-occupied dwelling unit; provided, that the owner does
not receive compensation from any unrelated occupant that could be
considered to be an effective lease.
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(2)
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Automobile court, rooming house, tourist home, hotels and motels.
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(3)
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Hospitals, nursing homes and assisted-living establishments
that are licensed and inspected by state agencies.
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(4)
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Bed-and-breakfast establishments.
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D.
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Registration shall be required for each individual regulated
rental unit within a multiple-unit dwelling. The foregoing notwithstanding,
all other provisions of this Part shall apply to the common areas
of the multiple-unit dwelling.
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E.
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The initial Registration and annual renewal of Registration
shall be on a form provided by the Borough. The owner of a regulated
rental unit shall submit a Rental Property Registration form at least
15 days in advance of entering into a rental agreement or permitting
the occupancy of any regulated rental unit. The Registration of such
regulated rental unit will either be approved or denied for specified
reasons within 15 days of the receipt of a complete application. The
denial of an application will be for failure to provide the required
information and/or documentation and will follow the procedures for
nonrenewal, suspension or revocation of License, as described in Section
807 of the CMC.
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F.
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The owner shall maintain a current and accurate list of the
occupants in each regulated rental unit which shall include their
name, permanent address and permanent telephone number. The names
of the occupants of a rental unit shall be provided to the Borough
Police Department or Code Official at reasonable times, upon reasonable
notice and for a lawful purpose.
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G.
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The owner shall furnish with his or her Registration a copy
of a blank written lease form the owner intends to have the occupants
of each licensed dwelling unit execute. If the owner uses more than
one form of lease, the owner shall furnish a copy of each form. The
Registration will not be approved if the lease form does not meet
the requirements of this Part. The Borough shall keep copies of leases
that it retains in confidence and shall not disclose their contents
except as part of official Borough business. Only one blank copy of
a lease form used for multiple rental units needs to be submitted,
with a notation as to the addresses/units to which the submitted lease
form applies.
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A.
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General. All rental agreements for regulated dwelling
units shall be in writing and shall be supplemented with the addendum
attached hereto as Appendix A. No oral leases and no oral modifications
thereof are permitted. All disclosures and information required to
be given to occupants by the owner shall be furnished before the signing
of the rental agreement. The owner shall provide occupant with copies
of the rental agreement and addendum upon execution.
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B.
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Terms and Conditions. Owner and occupant may include
in a rental agreement terms and conditions not prohibited by this
Part or other applicable ordinances, regulations and laws, including
rent, term of the agreement and other provisions governing the rights
and obligations of the parties.
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C.
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Prohibited Provisions. Except as otherwise provided
by this Part, no rental agreement may provide that the occupant or
owner agrees to waive or to forego rights or remedies under this Part.
A provision prohibited by this subsection included in a rental agreement
is unenforceable.
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D.
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Attachment of Part to Rental Agreement. Following
the effective date of this Part, a summary hereof in a form provided
to owner by the Borough, at the time of licensing, shall be attached
to each rental agreement delivered by or on behalf of an owner when
any such agreement is presented for signing to any occupant. If a
summary has been provided when the rental agreement was first executed
a summary does not have to be provided upon renewal. Where a rental
agreement has been entered into prior to the effective date of this
Part, the owner shall provide the occupants with a copy of the summary
within 60 days after enactment of this Part.
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E.
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Written Acknowledgment by Occupants. The owner
shall secure a written acknowledgment from occupants that the occupants
have received the disclosures and information required by this Part.
Upon oral or written request by the Borough of Selinsgrove, the owner,
within 10 days of the request, shall furnish to the Borough copies
of the acknowledgment that the occupants received the disclosures
and information required by this Part.
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2.
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Annual Registration Term, Fee and Occupancy Limit.
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A.
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Each Rental Unit Registration shall have an annual term running
from July 1 through June 30, of the next year. The initial Registration
approval may be issued for the remainder of a current annual term.
Registration renewals will be accepted in the months of April, May
and June of each year.
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B.
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Upon submission of a Registration form and prior to issuance
or renewal thereof, each applicant shall pay to the Borough an annual
Registration fee, in an amount to be established, from time to time,
by resolution of the Borough Council, which resolution shall have
the same effect as if set forth herein in full. Such resolution may
provide for more than one fee scale for different categories of premises,
to be more specifically set forth in the resolution. The annual Registration
fee is intended to be used to pay for the costs associated with the
administration and enforcement of these regulations, for the completion
of investigations and periodic inspections by the Code Official, and
for other reasonably necessary activities directly related thereto.
Partial year Registration fees will be prorated on a monthly basis
for each whole month and portion of a month to which the Registration
would apply.
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C.
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The Registration Form shall indicate thereon that there are
at most a maximum number of occupants of three unrelated persons in
each regulated rental unit.
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D.
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No Registration shall be approved if the owner has not paid
any inspection fees, fines and costs arising from enforcement of this
Part or any of the ordinances of the Borough of Selinsgrove relating
to land use and/or code enforcement or if any other fees under this
Part are due and owing the Borough.
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