[Adopted 3-13-2023 by Ord. No. 910]
This article shall be known as the "Residential Rental Unit
Registration and Inspection Law."
The following words, when used in this article, shall have the
meanings ascribed to them in this section except where the context
clearly indicates or requires a different meaning:
AGENT
Any person, corporation, copartnership, association or fiduciary
who or which, for monetary consideration, aids in the rental of property
as defined herein. When used in this article in a clause proscribing
any activity or imposing a penalty, the term, as applied to partnerships
and associations, shall mean each partner and, as applied to corporations,
the officers thereof.
CITY
The City of Pottsville.
CODES
The Fire Prevention, Building, Housing, Mechanical, Property
Maintenance, Electrical and Plumbing Codes, as adopted by the City
from time to time, and any rules and regulations promulgated thereunder.
LANDLORD
Any person who grants a lease or otherwise permits the use
of his real estate or portion thereof for consideration, monetary
or otherwise.
OWNER
Any person, agent, operator, firm, corporation, partnership,
association, property management group, housing authority or fiduciary
having legal, equitable or other interest in any real property as
recorded in the official records of the state, county or municipality
as holding title to the property.
PERSON
Any natural person, partnership, association, firm or corporation.
REGISTRATION LICENSE
The annual business privilege license assigned by the Tax
Administrator of the City of Pottsville issued to the owner/landlord
of the real property rental unit.
RESIDENTIAL RENTAL UNIT
Any dwelling unit or structurally enclosed area including
or intended to be used as the living quarters for one or more individuals
and not occupied by the owner thereof.
SHORT-TERM RENTAL
A dwelling unit, or portion thereof, that is offered or provided
to a guest by a short-term rental owner or operator for a fee for
fewer than 30 consecutive nights. They are commonly referred to as
vacation rentals. They are a form of tourist or transient accommodations.
Short-term rental units may be whole house rental, apartments, condominiums,
or individual rooms in homes. For the purpose of administration and
enforcement of this title, the terms "overnight rental," "nightly
rental," and "vacation rental" are interchangeable with short-term
rentals. Subleasing or subletting of units for short-term rental is
prohibited if the zoning district prohibits such use.
TENANT
That person or persons who has/have the use of real estate
of a landlord and is/are responsible for the giving of any type of
consideration therefor, but excluding those who are tenants for a
period of less than 30 days.
If the inspection of the residential rental unit discloses no
codes violations, the Code Enforcement Officer or designee shall issue
a certificate of compliance to the owner within 14 days of the inspection.
Issuance of the certificate of compliance shall not denote compliance
with any applicable code. The certificate of compliance shall be in
such form as approved from time to time by the Code Enforcement Office.
The certificate of compliance shall be displayed in plain view within
the residential rental or structure. No certificate of compliance
shall be issued to an owner if the premises have delinquent property
taxes, garbage fees, water fees or sewer fees. Proof that said taxes
and fees are current is required at the time of inspection upon request
of the Code Enforcement Officer. Failure to comply shall be deemed
owner omission and cause for closure of the rental unit.
If the inspection of a residential rental unit discloses codes
violations, the Code Enforcement Officer or designee shall issue a
notice of noncompliance within 14 days of said inspection. The notice
of noncompliance shall set forth the following:
A. The street address or appropriate description of the subject property;
C. The identification of the inspector;
D. A statement of the zoning district applicable to the subject property,
together with an extract of the applicable ordinance(s) showing the
uses permitted within the district;
E. A statement of any variances and use permits granted to the subject
property, together with the conditions and restrictions of such permits;
F. A statement as to whether there appears to be any nonconformity in
the structures on the property or the uses being made thereof. This
statement shall also indicate whether the property has been approved
or designated as a nonconforming use;
G. A list of the code violations;
H. The number of days in which the owner is to accomplish repairs, including
a provision allowing for reasonable time extension upon the owner's
showing of good faith compliance to the satisfaction of the Code Enforcement
Officer; and
I. Notice that, if the conditions are not repaired within the time specified, the residential rental unit may be placarded as unfit for human occupancy or subject to rent withholding in accordance with §
176-19C of these Codified Ordinances.
The insurance of a certificate of compliance is not a representation
by the City that the residential rental unit and/or building in which
it is located is in compliance with the Fire Prevention, Building,
Mechanical, Property Maintenance, Electrical or Plumbing Codes. The
issuance of a certificate of compliance indicates that the residential
rental unit did not have any dangerous conditions as of the date of
the inspection. However, neither the enactment of this article nor
the issuance of a certificate of compliance shall impose any liability
upon the City for any error or omissions which resulted in the issuance
of such certificate, nor shall the City bear any liability not otherwise
imposed by law.
The Code Enforcement Office may close a rental unit or units
pursuant to this article when one or more of the following events
occur on the premises within any six-month period;
A. Three or more violations of this article have occurred on the premises
or three or more violations of codes and ordinance of the City of
Pottsville.
B. The rental unit condemned by the Code Enforcement Office as unsafe
for human occupancy or structurally unsafe.
C. If the owner fails to appoint an agent as a secondary contact pursuant to §
176-3 to respond to and receive notices from the City of Pottsville.
D. The owner has failed to comply with the International Property Maintenance
Codes, International Building Codes, Zoning Code, or ordinances of
the City of Pottsville; if violations thereof are found and the owner
has failed to rectify the underlying problem which generated a violation
notice from the Code Enforcement Office regarding the condition of
the premises, and an owner, after written notice of violations, has
failed to come into compliance with the code, ordinance or law which
the owner violated within such time as the Code Enforcement Office
may state.
E. The rental unit(s) must be registered by January 31 of each calendar
year. Failure to register shall be deemed owner omission and cause
for closure of the rental unit.
The owner of a residential rental unit or and short-term rental
unit aggrieved by a decision of the Code Enforcement Officer or designee
may, within 30 days or the time fixed for repair, whichever is shorter,
appeal the decision to a Board of Appeals in accordance with the Codified
Ordinances.
Nothing in this article shall preclude or prohibit the Code
Enforcement Officer or designee from identifying any violations of
the Fire Prevention, Building, Mechanical, Property Maintenance, Electrical
or Plumbing Codes which exist and noting the same on any inspection
report.
Appropriate City officials are authorized and directed to take
such actions as are necessary to effectuate this article. Appropriate
City officials are authorized and directed to develop procedures which
shall be enacted by resolution of City Council as necessary to effectuate
this article.
If a property owner does not remit to the City assessed fees as identified in §
176-12, the City Treasurer is hereby empowered to certify the amount due to the City and remit that amount for collection. In addition to the full amount due to the City, the property owner will also be responsible for pay administration fees assessed to the account by the collection entity. If collection efforts are exhausted, the amount will be provided to the City Solicitor. The amount due shall then be a lien upon such premises from the time the lien is filed. The amount due shall also include filing fees, satisfaction fees, and attorney's fees. All of the above shall constitute the lien on said property.