[Adopted 2-9-2026 by Ord. No. 819, approved 2-9-2026]
A. 
It is the purpose of this article and the policy of the Borough of Wilson, in order to protect and promote the public health, safety and welfare of its residents, to establish rights and obligations of owners and transient visitors to maintain and improve the quality of life around residences throughout the Borough. Council believes that there is a greater incidence of disturbances and violations of various laws and applicable codes of the Borough which adversely affect the peace and quiet enjoyment of the neighborhood at residential properties where owners allow unregulated transient visitors.
B. 
If unregulated, short-term lodging facilities can create negative impacts compatibility, upon residential neighborhoods and the character of single-family neighborhoods. Excessive noise and on-street parking overwhelms uses by local residents and increases risk of inappropriate conduct for which enforcement against transients may be difficult.
C. 
Heretofore a parallel purpose of this article is to ensure safe, healthy and nondiscriminatory housing arrangements for transient visitors through a regular licensing and inspection program not hitherto in place for rentals of single-family dwellings or portions thereof.
D. 
The Borough Council of the Borough of Wilson declares the following purpose for enacting this article:
(1) 
To enhance accountability of the property owners and transient visitors, minimize the risk of communal disturbances; and to reduce conflict and violations of various codes of the Borough which are capable of repetition but evading review. In addition, this article is intended to otherwise protect and promote the public health, safety and welfare of its citizens;
(2) 
To ensure safe, healthy and nondiscriminatory housing arrangements for transient visitors through a regular licensing and inspection program not heretofore in place for rentals of single-family dwellings or portions thereof;
(3) 
To minimize the negative impacts of excessive noise; on-street parking that overwhelms use by local residents; increased risk of inappropriate conduct for which enforcement against transients may be difficult; and regulate the accumulation of rubbish and trash; and
(4) 
To impose corresponding owner licensing arrangements for transient accommodations already in place for other regulated residential rental units.
RENT or RENTAL
An arrangement whereby one or more persons obtain permission to occupy a property, or portion thereof, regardless of whether compensation or other consideration is paid by a transient visitor to the owner or an agent of the owner.
SHORT-TERM LODGING
The occupancy of a dwelling unit or portion thereof for temporary rental occupancy by transients.
TRANSIENT VISITOR
An occupant of a dwelling unit or sleeping unit for not more than 30 days, unless the occupant is related to the owner as married spouse, parent or child, grandparent or grandchild, or brother or sister.
ZONING HEARING BOARD
The Zoning Hearing Board of appeal identified in the codified Ordinances of the Borough of Wilson and/or occasionally known as the "ZHB" or "Board."
Unless qualified as a hotel or bed-and-breakfast home use conducted in accordance with the Borough's Zoning Ordinance, short-term lodging is prohibited through the Borough of Wilson except in the following circumstances:
A. 
Specific bedroom accommodation. The owner-occupied single-family dwelling may rent no more than two bedrooms to transient visitors for a period of not less than 24 hours and not more than 30 consecutive days. Under this arrangement, the owner must occupy the residence during the stay of the transient visitor.
B. 
Entire residential unit accommodation. As owner may rent his/her/their primary residence to transient visitors for a minimum period of seven consecutive days, not to exceed 30 consecutive or nonconsecutive calendar days per year (each year shall be January 1 through December 31). Under this type of arrangement, the owner may, but is not required to, remain on the premises during the stay of the transient guests with the written agreement of the guests.
A. 
Before providing any short-term lodging, property owners must obtain and keep current a short-term lodging license for each property to be designated as a short-term lodging facility. Such licenses shall only be issued if all requirements of this article are met.
B. 
Upon application in such form as may be required by the Borough of Wilson for a short-term lodging license, or renewal thereof, each applicant shall pay to the Borough all annual license and inspection fees in accordance with the housing inspection fee schedule resolution. A license for short-term lodging facility shall not be transferred or sold and will expire upon the conveyance of the property.
C. 
Each license will note how many lodgers are permitted for short-term rental and require the applicant to submit proof of, and remain in constant compliance with, the following:
(1) 
An accurately drawn floor plan of the residence showing the number of bedrooms and location of smoke alarms and carbon monoxide detectors. Floor plans must show details for every level of the residence and any attached structures, and the location of windows and all interior and exterior doorways.
(2) 
In the case of short-term lodging where the owner-occupant rents a specific bedroom accommodation, the floor plan must clearly designate bedrooms to be used for short-term lodging, which must be located within the principal dwelling unit and not in an accessory building.
(3) 
The requirements of performance standards of this article must be met.
D. 
A short-term lodging facilities license shall not be issued or renewed until all overdue real estate taxes, business licenses, water, and sewer/garbage collection fees and the like that are owed to the Borough of Wilson or its authorities have been paid in full.
Any short-term lodging arrangement allowed under this article must meet all of the following standards:
A. 
The dwelling shall remain as a single household residential living unit with common housekeeping, kitchen and laundry facilities.
B. 
The current Borough of Wilson Housing Code will determine the maximum occupancy of the short-term lodging facility and, in the case where the owner-occupant rents only a bedroom accommodation, the number of individuals permitted in the designated bedroom.
C. 
Nothing in this article shall allow the licensee to make the short-term lodging facility available for use by a transient visitor or guest for nonresidential purpose, such as, but not limited to, the lease or use of the property as reception space, party space, meeting space or for other similar events open to the transient guests.
D. 
A short-term lodging facility shall be either of the types set forth in this article for the entire duration of the annual license unless a new short-term lodging license is obtained and a new license fee is paid. A facility may not change or mix the type of transient accommodation during a licensed period.
E. 
The short-term lodging facility shall not adversely affect the residential character of the neighborhood. Short-term rentals may not generate noise, vibration, glare, odor or other effects that unreasonably interfere with a person's enjoyment of his or her neighborhood.
F. 
The owner shall be responsible for the safety and welfare of all transient visitors and guests, preserving the peace and quiet of the community within which the short-term lodging facility is found from noises or disruptions caused by any transient visitor or guest, and to maintain the property in accordance with all laws, regulations and ordinances, including but not limited to any conduct which would qualify as disruptive conduct within the meaning of the codified ordinances of the Borough and promptly report those persons violating the same to the responsible Borough officers and departments for enforcement purposes.
G. 
There shall be an annual inspection, conducted by the Borough of Wilson's Code Office in accordance with the fee schedule resolution. The owner of the short-term lodging facility is responsible for scheduling the inspection and paying the fee. Failure to do so will result in revocation of the short-term lodging license.
H. 
The owner of the short-term lodging facility must apply for and keep current with a Borough of Wilson business privilege and mercantile tax license.
I. 
There shall be no physical changes to the premises so that it no longer looks like a single-family dwelling, such as constructing a separate entrance for the use of the transient visitor or guest.
J. 
The owner of the short-term lodging facility must be serviced by the Borough's designated trash hauler and at all times be current with all expenses relevant thereto. The owner of the short-term lodging facility is responsible for the trash and recycling removal. Lodgers must be notified of trash and recycling collection days by the owner.
K. 
With respect to making the property available for use, the owners of the short-term lodging facility shall comply with the anti-discrimination provisions of applicable law.
L. 
The owner of the short-term lodging facility must maintain a ledger which details the length of stay of each transient visitor and present same to the Borough of Wilson Code Enforcement Officer at the time of each rental subject to this article.
M. 
Each person governed by this article shall be required to provide proof of fire and liability insurance with a reputable company and to provide a copy of the declaration page to the Borough prior to receiving permits or licenses.
A. 
General. Aside from imposing fines under this article, the Borough and/or its Code Official may take action against an owner that may result in a formal warning, nonrenewal, suspension or revocation of the short-term lodging facility license, for violating any provision of this article that imposes a duty upon the owner for failing to regulate the occupants and/or for any breach of duty set forth herein.
B. 
Definitions of options to Borough Code Official and other authorities.
(1) 
Formal warning: formal written notification of at least one violation of this article. Upon satisfactory compliance with this article and any conditions imposed by the Code Official and/or the Borough, the formal warning shall be removed when the owner applies for license renewal at a time set by the Code Official or by the Borough of Wilson.
(2) 
Suspension: the immediate loss of the privilege to rent the short-term lodging facility for a period of time set by the Code Official not to exceed one year from the date of suspension of the license. The owner, after the expiration of the suspension period, may apply for license renewal without the need to show cause why the owner's privilege to apply for a license should be reinstated, provided the owner has paid a new license fee. Upon suspension, the owner shall take immediate steps to evict, and disallow any further use by, all transient visitors at the short-term lodging facility through the end of the suspension period and any unlicensed period.
(3) 
Revocation: the immediate loss of the privilege to rent the short-term lodging facility for a period of time longer than one year or for a second or subsequent suspension of the license for the same facility, as may be determined by the Code Official. Upon revocation, the owner shall take immediate steps to evict, and disallow any further use by, all transient visitors at the short-term lodging facility through the end of the suspension period and any unlicensed period.
(4) 
Reinstatement. A short-term lodging license shall be reinstated from suspension or revocation if the owner or operator of a short-term lodging facility corrects all reason(s) for the suspension or revocation of the short-term lodging license and has paid a new license fee and all court penalties, if any, obtained pursuant to this article.
(5) 
Nonrenewal: the denial of an application for license renewal after expiration of any license term due to failure of the owner to comply with the requirements of this article or failure to correct the conditions for which his or her license was previously suspended or revoked. Unless otherwise prohibited by the suspension or revocation of a short-term lodging license, the Borough will permit the owner to maintain transient visitors in the premises until the end of the license term but will not accept applications for renewal of the license until a time set by the Code Official or by the Borough of Wilson such time not to exceed one year from the renewal date.
(6) 
Other remedies. Nothing in this article shall limit the right, power or jurisdiction of the Borough to proceed against the owner or any transient visitor or guest under any other law, regulation or ordinance.
C. 
Criteria for applying sanctions. The Code Official, when applying sanctions, shall consider the following:
(1) 
The effect of the violation on the health, safety and welfare of the occupants of the short-term lodging facility and other residents of the premises.
(2) 
The effect of the violation on the neighborhood.
(3) 
Whether the owner has prior violations of this article and other ordinances of the Borough or has received notices of violations as provided for in this article.
(4) 
Whether the owner has been subject to sanctions under this article.
(5) 
The action taken by the owner to remedy the violation and to prevent future violations, including any written plan submitted by the owner.
(6) 
Notwithstanding any past or pending administrative action taken to suspend, revoke, or not renew a short-term lodging facility license, upon conviction of a third offense under this article within any five-year period, the owner of the facility, and his/her successors, heirs and assigns, shall be disqualified from using the property as a short-term lodging facility for a period of two years.
D. 
Reasonable conditions. In addition to enforcing sanctions as set forth above, the Code Official or Borough may impose upon the existing or subsequent licensee reasonable conditions related to fulfilling the purpose of this article.
E. 
Search warrant. Upon a showing of probable cause that a violation of this article or any other ordinance of the Borough of Wilson has occurred, the Code Official may apply to the Magisterial District Judge having jurisdiction in the Borough of Wilson for a search warrant to enter and inspect the premises.
A. 
Form of notification. Following a determination by the Code Official that grounds for nonrenewal, suspension or revocation of a short-term lodging license exist, the Code Official shall notify the owner of the action to be taken and the reasons therefor. Such notification shall be in writing, addressed to the owner in question, and shall contain the following information:
(1) 
The address and identification of the particular short-term lodging facility affected.
(2) 
A description of the violation which has been found to exist.
(3) 
A statement that the license for said short-term lodging facility shall be either suspended or revoked, or will not be renewed for the next license period. In the case of a suspension or revocation, the notice shall state the date upon which such suspension or revocation will commence, and in the case of a suspension shall also state the duration of said suspension and may extend into a period of license renewal. A revocation shall last through the end of the current license period and may be combined with a period of disqualification for renewal.
(4) 
A statement that, due to the nonrenewal, suspension or revocation (as the case may be), the owner is prohibited from allowing use of the facility by transients.
B. 
Delivery of notification. The Code Official shall post any notice required herein at a conspicuous place at the short-term lodging facility and transmit a copy to the owner by personal delivery and/or some method documenting delivery thereof through the United States Postal Service or a private carrier to the owner or an adult person in responsible possession of the residence or business of the owner. In the event such personal delivery or documented delivery cannot be accomplished after a reasonable attempt to do so, then the notice may be sent to the owner at the address stated on the most current license application for the short-term lodging facility in question, by regular first-class mail, postage prepaid. If such notice is not returned by the postal authorities within five days of its deposit in the U.S. mail, then it shall be deemed to have been delivered to and received by the address on the fifth day following its deposit in the U.S. mail, and all time periods shall thereupon be calculated from said fifth day.
C. 
Appeals. Any owner impacted by a decision of the Code Official or the notice issued by the Code Official or the Borough shall have the right to appeal to the ZHB, provided that a written application for appeal is filed within 10 days after the day the decision, notice or order was served. The appeal may be sustained when it is claimed that: the true intent of the codes or rules legally adopted thereunder have been incorrectly interpreted, the provisions of this code do not apply, and/or whether the provisions of this code do not fully apply, and/or whether the period of license suspension, revocation and/or nonrenewal was appropriate under the circumstances. In order to operate the rental during the pendency of an appeal, a bond must be posted in an amount approved by the Borough.
Any person who shall violate a provision of this article or shall fail to comply with any of the requirements hereof, or the Building Code of the Borough, or shall be in violation of an approved plan or directive of the Code Enforcement Officer shall, upon conviction thereof before a Magisterial District Judge of the Borough of Wilson, Pennsylvania, be liable to pay the following penalties:
A. 
First violation: a fine of $200 or 30 days' imprisonment, or both;
B. 
Second violation: a fine of $500 or 60 days' imprisonment, or both;
C. 
Third and each subsequent violation: a fine up to $1,000 or 90 days' imprisonment, or both; and
D. 
In addition to the above penalties, the Borough may request an award of reasonable attorneys fees, costs, filing fees, cost of enforcement, and the like. Should the finder of fact determine that such request is reasonable, under the facts presented, the above costs and fees shall be awarded in addition to any fines, sanctions, or penalties.