This chapter shall be known as and may be cited as the "East
Petersburg Borough Short-Term Rental Ordinance."
This chapter is not intended to, and does not, excuse any property
owner from compliance with the Zoning Ordinance of the Borough of
East Petersburg, as amended from time to time. Whenever possible, this chapter and the Zoning Ordinance
should be construed and interpreted as being consistent, and not in
conflict.
For the purposes of this chapter, words and terms used herein
shall be interpreted as follows:
BEDROOM
A room or space designed to be used for sleeping purposes
with two means of egress (one of which may be a window acceptable
under the Building Code) and in close proximity to a bathroom. Space
used for eating, cooking, bathrooms, toilet rooms, closets, halls,
storage or utility rooms and similar uses are not considered bedrooms.
Space used or intended for general and informal everyday use such
as a living room, den, and sitting room or similar is not to be considered
a bedroom.
PERSON IN CHARGE
A person or agent with actual authority to represent the
owner for purposes of contact and communication regarding the owner's
short-term rental. A person in charge must reside or have an office
within 15 miles of the short-term rental property and be able to act
as legal agent for the owner. The Borough must be notified, in writing,
within 14 days if there is a change in the identity of the person
in charge.
SHORT-TERM RENTAL
Any dwelling unit within a residential or mixed-use structure
which is rented or leased for overnight lodging to transient guests
for a period of not less than one day nor more than 30 consecutive
calendar days. Short-term rentals shall include vacation homes, but
shall not include bed-and-breakfast inns, boarding or rooming houses,
or hotels/motels as defined in the Zoning Ordinance of the Borough
of East Petersburg.
SHORT-TERM RENTAL LICENSE
A written document indicating permission granted by the Borough
of East Petersburg to utilize a property as a short-term rental.
No owner of any property in East Petersburg Borough shall operate
a short-term rental in East Petersburg Borough without first obtaining
a short-term rental license from the Zoning Officer. Operation of
a short-term rental without such short-term rental license is a violation
of this chapter. Permits may be transferable to any new owner of the
property within 90 days of its issuance.
The administrator of this chapter shall be the Code Enforcement
Officer as appointed by East Petersburg Borough, which shall include
any appointed Assistant Code Enforcement Officers. The Enforcement
Officer shall have the responsibility and authority to administer
and enforce all provisions of this chapter.
The marketing of a short-term rental in which the advertised
occupancy exceeds the maximum occupancy requirements permitted by
this chapter, or which promotes any other activity which is prohibited
by this chapter, shall be a violation of this chapter.
If it appears to a Code Enforcement Officer that a violation
of this chapter exists or has occurred, the Code Enforcement Officer
shall send a written notice of violation to the property owner by
personal delivery or by both United States first-class and certified
mail. The notice of violation shall identify the premises which is
the subject of the violation, enumerate the conditions which constitute
the violation, cite the specific sections of this chapter which are
violated, indicate the action required to correct the violation, and
provide a time frame (established by the Code Enforcement Officer
based upon the nature of the violation) to correct the violation.
In the interest of promoting the public health, safety and welfare,
and minimizing the burden on East Petersburg Borough and community
services and impacts on adjacent residential neighborhoods posed by
short-term rentals, a violation of any of the provisions of this chapter
is declared to be a public nuisance.
If the premises are owned by more than one property owner, each
owner shall be jointly and severally be subject to prosecution for
a violation of this chapter.
In any section, provision, or portion of this chapter shall
be held invalid or unconstitutional by any court of competent jurisdiction,
such decision shall not affect any other section, clause, provision
or portion of this chapter so long as it remains legally enforceable
minus the invalid portion. The Borough of East Petersburg reserves
the right to amend this chapter or any portion thereof from time to
time as it shall deem advisable in the best interest of the promotion
of the purposes and intent of this chapter, and the effective administration
thereof.
All ordinances or parts of ordinances which are inconsistent
herewith are hereby repealed.
This chapter shall become effective in accordance with the law.