[HISTORY: Adopted by the Borough Council of the Borough of Dravosburg
as indicated in article histories. Amendments noted where applicable.]
[Adopted 11-22-2005 by Ord. No. 05-03]
A.
It is the purpose of this article and the policy of the
Council of the Borough of Dravosburg, in order to protect and promote the
public health, safety and welfare of its citizens, to establish rights and
obligations of owners and occupants relating to the rental of all dwelling
units in the Borough of Dravosburg and to encourage owners and occupants to
maintain and improve the quality of rental housing within the community. It
is also the policy of the Borough that owners, managers and occupants share
responsibilities to obey the various codes adopted to protect and promote
public health, safety and welfare. This article provides for a system of inspections;
issuance and renewal of occupancy license and sets penalties for violations.
This article shall be liberally construed and applied to promote its purposes
and policies.
B.
In considering the enactment of this article, the Borough
of Dravosburg makes the following findings:
(1)
There is a greater incidence of violations of various
codes of the Borough at residential rental properties than at owner-occupied
residential properties.
(2)
There is a greater incidence of problems with maintenance
and upkeep of residential rental properties than at owner-occupied residential
properties.
(3)
There is a greater incidence of disturbances, which adversely
affect the peace and quiet of the neighborhoods, at residential rental properties
than at owner-occupied residential properties.
As used in this article, the following terms shall have the meanings
indicated:
The Borough of Dravosburg, Allegheny County, Pennsylvania.
Any Code or ordinance adopted, enacted and/or in effect in and for
the Borough of Dravosburg concerning fitness for habitation or the construction,
maintenance, operation, occupancy, use or appearance of any premises or dwelling
unit. Included within, but not limited by, this definition are the following
which are in effect as of the date of enactment of this article: Building
Code; Property Maintenance Code; Fire Prevention Code; National Electrical
Code; Floodplain Management Ordinance; Sidewalk Maintenance Ordinance; Solid
Waste and Recycling Ordinance; International Mechanical Code; Zoning Ordinance;
and any duly enacted amendment or supplement to any of the above and any new
enactment falling within this definition.
The duly appointed code enforcement officer(s) having charge of the
Office of Code Enforcement of the Borough of Dravosburg, and any member of
the Police or Fire Department of the Borough of Dravosburg so designated to
carry out the duties noted herein.
In multiple unit dwellings, space that is not part of a regulated
rental unit and which is shared with other occupants of the dwelling, whether
they reside in regulated dwelling units or not. Common areas shall be considered
as part of the premises for purposes of this article.
Any form of conduct, action, incident or behavior perpetrated, caused
or permitted by any occupant or visitor of a regulated dwelling unit that
is so loud, untimely (as to hour of the day), offensive, riotous, or that
otherwise disturbs other persons of reasonable sensibility in their peaceful
enjoyment of their premises such that a report is made to police and/or to
the Code Enforcement Officer complaining of such conduct, action, incident
or behavior. It is not necessary that such conduct, action, incident or behavior
constitute a criminal offense, or that perpetrated, caused or permitted the
commission of disruptive conduct shall be deemed to have occurred unless the
Code Enforcement Officer or police shall investigate and make a determination
that such did occur, and keep written records, including a disruptive conduct
report, of such occurrence.
A written report of disruptive conduct on a form to be prescribed
therefor, to be completed by the Code Enforcement Officer or police, as the
case may be, who actually investigates an alleged incident of disruptive conduct,
and which shall be maintained by the Code Enforcement Officer.
A building having one or more dwelling units.
A room or group of rooms within a dwelling and forming a single unit
and used for living and sleeping purposes, having its own cooking facilities
and a bathroom with a toilet and a bathtub or shower.
A person on the premises with the actual or implied consent of an
occupant.
One or more persons, jointly or severally, in whom is vested all
or part of the legal title to the premises, or all or part of the beneficial
ownership and a right to present use and enjoyment of the premises, including
a mortgage holder in possession of a regulated rental unit. (Same as "owner.")
An adult individual designated by the owner of a regulated rental
unit. The manager shall be the agent of the owner for the service of process
and receiving notices or demands and to perform the obligation of the owner
under this article and under rental agreements with occupants.
A building containing two or more independent dwelling units, including
but not limited to double houses, rowhouses, townhouses, condominiums, apartment
houses, and conversion apartments.
The license issued to the owner of regulated rental units under this
article, which is required for the lawful rental and occupancy of regulated
rental units.
An individual who resides in a regulated rental unit, whether or
not he or she is the owner thereof, with whom a legal relationship with the
owner/landlord is established by a written lease or by the laws of the Commonwealth
of Pennsylvania.
One or more persons, jointly or severally, in whom is vested all
or part of the legal title to the premises, or all or part of the beneficial
ownership and a right to present use and enjoyment of the premises, including
a mortgage holder in possession of a regulated rental unit.
A dwelling unit in which the owner resides on a regular, permanent
basis.
A natural person, partnership, corporation, unincorporated association,
limited partnership, trust or any other entity.
Borough police, or any properly authorized member or officer of a
municipal police department thereof, or any other law enforcement agency having
jurisdiction within the Borough of Dravosburg.
Any parcel of real property in the Borough, including the land and
all buildings and appurtenant structures or appurtenant elements, upon which
one or more regulated rental units is located.
A dwelling unit occupied by any person under a rental agreement.
A written agreement between owner/landlord and occupant/tenant supplemented
by the Addendum[1] required under this article, embodying the terms and conditions
concerning the use and occupancy of a specified regulated rental unit or premises.
An individual who resides in a regulated rental unit, whether or
not he or she is the owner thereof, with whom a legal relationship with the
owner/landlord is established by a written lease or by the laws of the Commonwealth
of Pennsylvania. (Same as "occupant.")
[1]
Editor's Note: Said Addendum to Residential Rental Agreement
is on file in the Borough offices.
A.
It shall be the duty of every owner to keep and maintain
all regulated rental units in compliance with applicable codes and provisions
of all applicable state laws and regulations and local ordinances, and to
keep such property in good and safe condition.
B.
As provided for in this article, every owner shall be
responsible for regulating the proper and lawful use and maintenance of every
dwelling which he, she or it owns. As provided for in this article, every
owner shall also be responsible for regulating the conduct and activities
of the occupants of every regulated rental unit which he, she or it owns in
the Borough, and which conduct or activity takes place at such regulated rental
unit or its premises.
C.
In order to achieve those ends, every owner shall regulate
the conduct and activity of the occupants thereof, both contractually and
through enforcement, as more fully set forth below.
D.
This section shall not be construed as diminishing or
relieving, in any way, the responsibility of occupants or their guests for
their conduct or activity; nor shall it be construed as an assignment, transfer,
or projection over or onto any owner of any responsibility or liability which
occupants or their guests may have as a result of their conduct or activity
under any private cause of action, civil or criminal enforcement proceeding,
or criminal law; nor shall this section be construed so as to require an owner
to indemnify or defend occupants or their guests when any such action or proceeding
is brought against the occupant based upon the occupant's conduct or
activity.
E.
This article is not intended, nor shall its effect be,
to limit any other enforcement remedies which may be available to the Borough
against an owner, occupant or guest thereof.
Every owner who is not a full-time resident of the Borough, or a resident
elsewhere within 15 highway miles from the Borough, shall designate a manager
who shall reside within 15 highway miles of the Borough. If the owner is a
corporation, a manager shall be required if any officer of the corporation
does not reside within the aforesaid distance. The officer shall perform the
same function as a manager. If the owner is a partnership, a manager shall
be the agent of the owner for service of process and receiving notices and
demands, as well as for performing the obligation of the owner under this
article and under rental agreements with occupants. The identity, address
and telephone number(s) of a person who is designated as manager hereunder
shall be provided by owner or manager to the Borough, and such information
shall be kept current and updated as it changes.
The owner and manager shall disclose to the occupant in writing on or
before the commencement of tenancy:
A.
The owner shall maintain the premises in compliance with
the applicable codes of the Borough and shall regularly perform all routine
maintenance, including lawn mowing and ice and snow removal, and shall promptly
make any and all repairs necessary to fulfill this obligation.
B.
The owner and occupant may agree that the occupant is
to perform specified repairs, maintenance tasks, alterations, or remodeling.
In such case, however, such agreement between the owner and occupant must
be in writing. Such an agreement may be entered into between owner and occupant
only if:
C.
In no case shall the existence of any agreement between
owner and occupant relieve any owner of any responsibility under this article
or other ordinances or codes for maintenance of premises.
A.
All rental agreements for regulated dwelling units shall
be in writing and shall be supplemented with the Addendum attached hereto
as Appendix A.[1] 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 occupants with copies of the rental agreement and addendum upon execution.
Owner shall further secure a written acknowledgment from the occupants that
they have received the disclosures and information required by this article.
[1]
Editor's Note: Said Addendum is on file in the Borough offices.
B.
Terms and conditions. Owner and occupant may include
in a rental agreement terms and conditions not prohibited by this article
or other applicable ordinances, regulations, and laws, including rent, term
of the agreement, and other provisions governing the rights and obligations
of the parties.
C.
Prohibited provisions. Except as otherwise provided by
this article, no rental agreement may provide that the occupant or owner agrees
to waive or to forego rights or remedies under this article. A provision prohibited
by this subsection included in a rental agreement shall be unenforceable.
D.
Attachment of ordinance to rental agreement. Following
the effective date of this article, 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 article, the owner shall provide the occupants with
a copy of the summary within 30 days after enactment of this article.
E.
Upon oral or written request by the Code Enforcement
Officer, the owner shall, within 10 days of such request, furnish to the Borough
copies of acknowledgement that the occupants have received the disclosures
and information required to be given and acknowledged as required by this
article.
F.
Upon oral or written request by the Code Enforcement
Officer, the owner shall, within 10 days of such request, furnish to the Borough
for inspection purposes copies of the leases the owner has entered into for
regulated rental units.
The owner shall reply promptly to reasonable complaints and inquiries
from occupants.
The owner shall comply with all provisions of the Landlord/Tenant Act[1] of the Commonwealth of Pennsylvania.
[1]
Editor's Note: See 68 P.S. § 250.101 et seq.
Where an owner does not regulate the use of common areas and the behavior
of occupants and guests in the common areas, the owner shall be directly responsible
for the behavior of occupants and guests in the common area as if the owner
were an occupant.
A.
Within 10 days after receipt of written notice from the
Code Enforcement Officer that an occupant of a regulated rental unit has violated
a provision of this article, the owner shall take immediate steps to remedy
the violation and take steps to assure that there is not a reoccurrence of
the violation.
B.
Within 20 days after receipt of a notice of violation,
the owner shall file with the Code Enforcement Officer a report on a form
provided by the Borough, setting forth what action the owner has taken to
prevent a reoccurrence of the violation. The report shall also set forth a
plan as to steps the owner will take in the future if the violation reoccurs.
C.
The Code Enforcement Officer shall review the report
and, if adequate steps have been taken and the plan is adequate to address
future violations, shall approve the plan. The owner then shall, on his or
her own initiative, enforce the plan, and failure to do so shall be a violation
of this article.
D.
In the event that a second violation occurs within a
license year, involving the same occupant or occupants, the Code Enforcement
Officer may direct the owner to evict the occupants who violated this article
and not to permit the occupant to occupy the premises during the subsequent
licensing period.
E.
Owner shall file a report with the Borough on a form
to be provided by the Borough specifically detailing the circumstances surrounding
the eviction of any occupant for any reason. If any occupant is evicted for
nonpayment of rent, then owner must also furnish the Borough proof that said
occupant has been reported to a licensed credit reporting bureau.
Upon receiving notice of any code violation from the Code Enforcement
Officer, the owner shall promptly take action, or cause the necessary action
to be taken, to abate the offending condition and eliminate the violation.
In case the owner of the premises shall neglect, fail or refuse to comply
with any notice from the Borough or its Code Enforcement Officer to correct
a violation relating to maintenance and repair of the premises under any code
within the period of time stated in such notice, the Borough may cause the
violation to be corrected. There shall be imposed upon the owner a charge
of the actual costs involved, plus 10% of said costs, for each time the Borough
shall cause a violation to be corrected, and the owner of the premises shall
be billed after same has been completed. Any such bill which remains unpaid
and outstanding after the time specified therein for payment shall be grounds
for the imposition of a municipal lien upon the premises as provided by law.
Such a lien may be reduced to judgment and enforced and collected as provided
by law, together with interest at the legal rate and court costs. The remedies
provided by this section are not exclusive, and the Borough and its Code Enforcement
Officer may invoke such other remedies available under this article or other
applicable codes, ordinances or statutes, including where appropriate condemnation
proceedings or declarations of premises as unfit for habitation or suspension,
revocation, or nonrenewal of the license issued hereunder. Nothing in this
section or article shall be construed to shift the responsibility for keeping
any premises in a safe condition from the owner of any such premises to the
Borough. The Borough shall not be held liable in any situation for failure
to exercise the powers granted herein to remedy any such code violation.
The owner shall permit inspections of any premises by the Code Enforcement
Officer, as defined herein, at reasonable times and upon reasonable notice.
The occupant shall comply with all obligations imposed upon occupants
by this article, all applicable codes and ordinances of the Borough, and all
applicable provisions of state law.
A.
The maximum number of persons permitted in any regulated
rental unit at any time shall not exceed one person for each 50 square feet
of habitable floor space in said regulated rental unit. The maximum number
of persons permitted in the common areas of any multiple unit dwelling at
any time shall not exceed one person for each 15 square feet of common area
on the premises.
The occupant shall conduct himself or herself and require the other
persons, including but not limited to guests on the premises and within his
or her regulated rental unit with his or her consent, to conduct themselves
in a manner that will not disturb the peaceful enjoyment of the premises by
others and that will not disturb the peaceful enjoyment of adjacent or nearby
dwellings by the persons occupying same.
The occupant shall, unless otherwise permitted by applicable law or
ordinance, occupy or use his or her regulated rental unit for no other purpose
than as a residence.
The occupant shall not engage in, tolerate, nor permit others on the
premises to engage in any conduct declared illegal under the Pennsylvania
Crimes Code (18 Pa.C.S.A. § 101 et seq.) or Liquor Code (47 P.S.
§ 1-101 et seq.), or The Controlled Substance, Drug, Device and
Cosmetic Act (35 P.S. § 780-101 et seq.).
A.
The occupant shall not engage in, tolerate, nor permit
others on the premises to engage in disruptive conduct, or other violations
of this article.
B.
When police or the Code Enforcement Officer investigate
an alleged incident of disruptive conduct, he or she shall complete a disruptive
conduct report upon a finding that the reported incident did, in his or her
judgment, constitute "disruptive conduct," as defined herein. The information
filled in on said report shall include, if possible, the identity or identities
of the alleged perpetrator(s) of the disruptive conduct and all other obtainable
information, including the factual basis for the disruptive conduct, requested
on the prescribed form. Where the police make such investigation, said police
officer shall then submit the completed disruptive conduct report to the Code
Enforcement Officer within seven working days. In all cases, the Code Enforcement
Officer shall mail a copy of the disruptive conduct report to the owner or
manager within 10 working days of the occurrence of the alleged disruptive
conduct, whether the person making the investigation on behalf of the Borough
is the Code Enforcement Officer or police.
The occupant shall comply with all lawful provisions of the rental agreement
entered into between the owner and occupant. Failure to comply may result
in the eviction of the occupant by the owner.
The occupant shall not intentionally cause, permit, nor tolerate others
to cause damage to the premises. Conduct which results in damages in excess
of $500 shall be considered a violation of this article.
The occupant shall permit inspections by the Code Enforcement Officer,
as defined herein, of the premises at reasonable times and upon reasonable
notice.
A.
As a prerequisite to entering into a rental agreement or permitting the occupancy of any regulated rental unit (except as provided in Subsection C below), the owner of every such regulated rental unit shall be required to apply for and obtain a license for each regulated rental unit.
B.
A license shall be required for all regulated rental
units.
C.
The application for the license shall be in a form as
determined by the Borough.
D.
The owner shall maintain a current list of occupants
in each regulated dwelling unit, which shall include their name, permanent
address and permanent telephone number. The owner shall furnish the list to
the Borough upon request and shall notify the Borough of any changes in the
number of occupants so that revisions can be made to the license.
E.
The owner shall furnish with his or her application for license a copy of the written lease which 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 license will not be issued if the lease form does not meet the requirements of § 231-7 of this article.
F.
The owner shall furnish with his or her application,
for inspection purposes only, the leases that have been entered into that
will cover all or part of the license term. The license will not be issued
if such leases are not furnished for inspection. Leases shall be furnished
for all persons who have paid a deposit at the time the owner applies for
a license or who have committed to residing in the premises.
A.
Each license shall have an annual term running from January
1 through December 31 each year.
B.
Upon application for a license and prior to the issuance
or renewal thereof, each applicant shall pay to the Borough an annual license
and inspection fee in an amount to be established from time to time by resolution
of the Borough Council. Such resolution may provide for more than one fee
scale for different categories of premises and as might be more specifically
set forth in the resolution.
C.
The license shall indicate thereon the maximum number
of occupants in each regulated rental unit.
D.
No license shall be issued if the owner has not paid
any fines and costs arising from enforcement of this article or any of the
ordinances of the Borough relating to land use and/or code enforcement; if
any licensing fees under this article are due and owing to the Borough; or
if any taxes of any nature are due which are imposed on the real estate involved.
A.
All premises shall be subject to periodic inspection
by the Code Enforcement Officer or another duly authorized agent of the Borough.
Such inspection may take place when an application is submitted for a license
or at any time during the year.
B.
The Code Enforcement Officer, as defined herein, is hereby
designated as the official authorized to enforce this article and to take
appropriate measures to abate violations herein for and on behalf of the Borough.
The Police and Fire Departments will also have authority to enforce this article
and to take appropriate action to abate violations as indicated in the definition
of "Code Enforcement Officer" herein.
C.
This section shall not be construed so as to limit or
restrict the Code Enforcement Officer's authority to conduct inspection
of premises, whether or not subject to the permitting and inspection requirements
of this article or pursuant to any other ordinance or code.
Upon showing of probable cause that a violation of this article or any
other ordinance of the Borough has occurred, the Code Enforcement Officer
or police may apply to the Magisterial District Judge or other court having
jurisdiction in the Borough for a search warrant to enter and inspect the
premises.
The Code Enforcement Officer may initiate disciplinary action against
an owner that may result in a formal warning, nonrenewal, suspension or revocation
of the owner's license for violating any provision of this article that
imposes a duty upon the owner and/or for failing to regulate the breach of
duties by occupants as provided for herein.
A.
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 Enforcement Officer and/or the Borough
Council, the formal warning shall be removed when the owner applies for license
renewal at a time set by the Code Enforcement Officer or by the Borough Council.
B.
Nonrenewal: the denial of the privilege to apply for
license renewal after expiration of the license term. The Borough will permit
the owner to maintain occupants 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 Enforcement Officer or by the Borough Council.
C.
Suspension: the immediate loss of the privilege to rent
regulated rental units for a period of time set by the Code Enforcement Officer
or by Borough Council. The owner, after 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. Upon suspension, the
owner shall take immediate steps to evict the occupants.
D.
Revocation: the immediate loss of the privilege to rent
regulated rental units for a period of time set by the Code Enforcement Officer
or the Borough Council and the loss of the privilege to apply for renewal
of the license at the expiration of the time period. Upon the loss of the
privilege to rent, the owner shall take immediate steps to evict the occupants.
A.
The Code Enforcement Officer, when recommending discipline,
and the Borough Council, when applying discipline, shall consider the following:
(1)
The effect of the violation on the health, safety and
welfare of the occupants of the regulated rental unit 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 disciplinary proceedings
under this article.
(5)
The effect of disciplinary action on the occupants.
(6)
The action taken by the owner to remedy the violation
and to prevent future violations, including any written plan submitted by
the owner.
(7)
The policies and lease language employed by the owner
to manage the regulated dwelling unit to enable the owner to comply with the
provisions of this article.
B.
In addition to applying discipline as set forth above,
the Code Enforcement Officer may recommend and Borough Council may impose
upon the existing or subsequent licenses reasonable conditions related to
fulfilling the purposes of this article.
Any of the following may subject an owner to discipline as provided
for in this article:
A.
Failure to abate a violation of the Borough Codes and
ordinances that apply to the premises within the time directed by the Code
Enforcement Officer.
C.
Failure to take steps to remedy and prevent violations of this article by occupants of regulated rental units as required by § 231-11 of this article.
D.
Failure to file and implement an approved plan to remedy and prevent violations of this article by occupants of a regulated rental unit as required by § 231-11 of this article.
E.
Failure to evict occupants after having been directed to do so by the Code Enforcement Officer of the Borough as provided for in § 231-11 of this article.
F.
Three violations of this article or other ordinances
of the Borough that apply to the premises within a license term. For purposes
of this article, there need be no conviction before a violation can be found
to exist. Before a prior violation can be considered under this section, the
owner must have received notice in writing of this violation within 30 days
after the Code Enforcement Officer received notice of the violation.
A.
Notification. Following a determination that grounds
for nonrenewal, suspension or revocation of a license exist, the Code Enforcement
Officer shall notify the owner of the action to be taken and the reasons therefore.
Such notification shall be in writing, addressed to the owner in question,
and shall contain the following information:
(1)
The address of the premises in question and the identification
of the particular regulated rental unit(s) affected.
(2)
A description of the violations which have been found
to exist.
(3)
A notice that the regulated rental unit(s) is in violation
of this article with a specification of the grounds of the violation. Such
violations must be cured within 30 days from the date of this notice.
(4)
Notice that each day the violation remains shall be a separate violation and punishable under § 231-33. The Borough shall, further, have the right to enjoin the obligations and duties created under this article.
(5)
A statement informing the owner that he, she or it has
a right to appeal the decision that the owner is in violation of this article
by submitting in writing to the Borough, within 30 days from the date printed
on the notice, a detailed statement of the appeal, including the grounds therefor
and the reason(s) alleged as to why the determination of the Code Enforcement
Officer is incorrect or should be overturned and a statement of the relief
requested by the appellant. Such notice of appeal may, be required to be submitted
on a form to be prescribed therefor by Borough Council and to be signed by
the appellant. There is hereby imposed a fee for filing such appeals, the
amount of which shall be determined and established from time to time by resolution
of the Borough Council.
(6)
Upon receipt of such an appeal in proper form, accompanied
with the requisite filing fee, the Borough shall schedule a hearing to be
held at the time and date of the next regularly scheduled Council meeting
not less than 10 days from the date on which the appeal is filed.
(7)
The appellant and the Code Enforcement Officer shall
receive written notice of the hearing on appeal.
(8)
Borough Council shall hold a hearing on the appeal, which
shall be conducted in accordance with the Local Agency Law, 2 Pa.C.S.A. §§ 551
through 555. The appellant and all other parties having an interest may be
heard. Based on the facts and arguments of the appellant and of the Code Enforcement
Officer and any police or other public officials involved, and any relevant
factual presentations of other parties, the Borough Council shall make a decision
either affirming, reversing or modifying the action of the Code Enforcement
Officer from which the appeal was taken. Such decision shall be rendered at
a public meeting either immediately following the hearing or within 30 days
thereafter. The decision shall be reduced to writing and state clearly the
factual and legal basis for the decision within 45 days after the hearing.
If the Borough Council deems it necessary or desirable, it may continue the
hearing to a subsequent time and date not later than 30 days from the initial
hearing, and which time and date shall be openly announced at the initial
hearing and, in such case, the time limits for rendering the decision and
reducing it to writing set forth herein shall be calculated from the last
hearing date (at which substance of the decision is orally announced).
B.
Delivery of notification.
(1)
All notices shall be sent to the owner or manager, if
applicable, by certified mail. In the event that the notice is returned by
the postal authorities marked "unclaimed" or "refused," then the Code Enforcement
Officer shall attempt to deliver by personal service on the owner or manager,
if applicable. The Code Enforcement Officer shall also post the notice at
a conspicuous place on the premises.
(2)
If personal service cannot be accomplished after a reasonable attempt to do so, then the notice may be sent to the owner or manager at the address stated on the most current license application for the premises 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 addressee on the fifth day following its deposit in the U.S. Mail, and all time periods set forth under § 231-32 above shall thereupon be calculated from said 5th day.
It shall be unlawful for any person, as either owner or manager of a
regulated rental unit for which a license is required, to operate without
a valid, current license issued by the Borough authorizing such operation.
It shall also be unlawful for any person, either owner or manager, to exceed
the maximum limit as set forth on the license, or to violate any other provision
of this article. It shall be unlawful for any occupant to violate this article.
Any violation of this article shall constitute a civil offense punishable
upon conviction thereof by a Magisterial District Judge or other court of
competent jurisdiction by a fine not to exceed $600 plus the costs of prosecution.
Each day of violation shall constitute a separate and distinct offense.
The penalty provisions of this article and the license nonrenewal, suspension
and revocation procedures provided in this article shall be independent, nonmutually
exclusive separate remedies, all of which shall be available to the Borough
as may be deemed appropriate for carrying out the provisions of this article.
The remedies and procedures provided in this article for violation hereof
are not intended to supplant or replace, to any degree, the remedies and procedures
available to the Borough in the case of a violation of any other code or ordinance
of the Borough, whether or not such other code or ordinance is referenced
in this article and whether or not an ongoing violation of such other code
or ordinance is cited as the underlying grounds for a finding of a violation
of this article.
A.
For purposes of this article, any notice required hereunder
to be given to a manager shall be deemed as notice given to the owner.
B.
There shall be a rebuttable presumption that any notice
required to be given to the owner under this article shall have been received
by such owner if the notice was given to the owner in the manner provided
in this article.
C.
A claimed lack of knowledge by the owner of any violation
hereunder cited shall be no defense to license nonrenewal, suspension or revocation
proceedings as long as all notices prerequisite to institution of such proceeds
have been given and deemed received in accordance with the applicable provision
of this article.
It shall be the duty of each owner of a regulated rental unit to notify
the Code Enforcement Officer in writing of any changes in ownership of the
premises or of the number of regulated rental units on the premises. It shall
also be the duty of the owner to notify the Code Enforcement Officer in writing
of any increase in the number of occupants in any regulated rental unit or
of the changing of a dwelling unit from owner-occupied to nonowner-occupied,
which thereby transforms the dwelling into a regulated rental unit for purposes
of this article.
If any regulated rental unit is owned by more than one person, in any
form of joint tenancy, as a partnership, or otherwise, each person shall be
jointly and severally responsible for the duties imposed under the terms of
this article, and shall be severally subject to prosecution for the violation
of this article.
