[HISTORY: Adopted by the Borough Council
of the Borough of Abbottstown as indicated in article histories. Amendments
noted where applicable.]
[Adopted 8-20-1987 by Ord. No. 1987-8]
For the purposes of this article, the following
terms shall have the meanings indicated:
Owner, manager, managing agent, or other person, partnership
or corporation responsible for the operation of a rental unit.
That portion of a dwelling rented or offered for rent for
living and dwelling purposes, or any lots rented for the placement
of mobile homes to an individual or family unit, together with all
privileges, services, furnishings, furniture, equipment, facilities
and improvements connected with the use or occupancy of such portion
of the property. Multiple use properties which have one or more rental
units in addition to any and all other uses.
[Added 5-20-2021 by Ord.
No. 2021-03]
Each occupant or inhabitant, over the age of 18 years, of
a rental unit, other than the owner of the rental unit, who is a permanent
resident of the Borough of Abbottstown, but excluding transient or
tourist persons who have stayed or intend to stay 30 days or less.
To enable the Borough of Abbottstown to more
equitably and efficiently assess and levy taxes on taxable residents
within the said Borough, each owner of a rental unit shall report
to the Secretary of the Borough of Abbottstown between January 1 and
15 of each year the identities of all residents of the owner's rental
unit or units. The owner shall also report any and all changes in
occupancy that shall occur during the year within 30 days of the change.
The report of such residents shall be made in writing on such forms
as shall be prescribed by the Borough. Should the Borough fail to
prescribe or have available forms for the aforementioned reports,
then such report shall be made by the owner, in writing, to the Borough
Secretary.
[Amended 5-20-2021 by Ord. No. 2021-03]
The failure of any owner of a rental unit to
make a report as hereinbefore set forth shall be punished, after conviction
before any Magisterial District Judge, by a fine of not more than
$600 for each resident not reported, together with costs of prosecution,
and, in default of payment of such fine and costs, shall be sentenced
to imprisonment for a period of not more than 30 days for each offense
thereafter. Every unreported change shall constitute a separate offense
hereunder and shall be punishable as such.
[Adopted 12-21-2023 by Ord. No. 2023-04]
As used in this article, the following terms shall have the
meanings indicated:
Any person designated by the owner who has charge, care or
control of a residential rental property.
Acceptable to the Code Official.
The official who is charged with the administration and enforcement
of this code, or any duly authorized representative.
The Fire Prevention, Building, Property Maintenance, Electrical,
Zoning, Stormwater Management and Plumbing Codes, as adopted by the
Borough from time to time, and any rules and regulations promulgated
thereunder.
The outside facade of a building, including but not limited
to any porch, yard, lawn, landscaping, sidewalks, setbacks, curbs,
and all open area contiguous to a building owned by the same person
or persons or part of the same real estate parcel.
Any dwelling, including apartment dwellings or parts thereof,
containing three or more dwelling units.
Any person (including an owner or operator) living and sleeping
in a dwelling unit or rooming unit.
Any person having charge, care, management or control of
any dwelling or a part of it, in which dwelling units, sleeping units
or rooming units are let. See also AGENT.
Any person, agent, operator, firm, corporation, partnership,
association, property management group, or fiduciary having legal,
equitable or other interest in any real property; or recorded in the
official records of the state, county or municipality as holding title
to the property; or otherwise having control of the property, including
the guardian of the estate of any such person and the executor or
administrator of such person's estate. 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.
A dwelling unit that is the primary, permanent residence
and domicile of a natural person who is identified as the owner or
one of the owners on the deed for the property. In order for a dwelling
unit to be considered owner occupied, the dwelling must be considered
the domicile of the record owner or at least one of the record owners
under Pennsylvania law, and the owner must physically reside in the
dwelling not less than six months each calendar year, and the owner
cannot be registered to vote at any other address, and the owner must
use the dwelling at the owner's address for payment of taxes
including, but not limited to, earned income taxes.
An individual, firm, corporation, association or partnership.
A lot, plot or parcel of land including the buildings and
structures thereon.
Refer to "Code Official."
A residential rental unit which has met the inspection requirements
of this article and for which the annual fee has been paid
An annual license issued to the owner of a dwelling unit
after having met the chapter's inspection requirements and satisfying
the associated remittance.
(1) A dwelling unit let for rent, or (2) a rooming unit,
or (3) a bed-and-breakfast establishment, or (4) a short-term rental,
or (5) an accessory dwelling unit, or (6) a dwelling unit that is
not occupied by the owner, is a residential rental unit. Each individual
townhouse dwelling, each individual apartment unit, each individual
unit in a multi-family building, each individual bed-and-breakfast
establishment, each individual rooming unit, and each individual short-term
lodging accommodation shall be considered a residential rental unit
whether the owner or a relative of the owner also resides in the structure.
A residential rental unit includes dwelling units under lease-purchase
agreements or long-term (greater than six months) agreements for sale.
A residential rental unit shall not include a hotel as defined herein
or a hospital room utilized for medical services. It may include a
motel or boarding house, where residents are permitted to stay for
an extended period of time (greater than 30 days). For the purposes
of this article, there shall be excluded from this definition those
dwelling units subject to a periodic inspection by a state or federal
agency at least once every two years applying a standard substantially
the same as or more thorough than the Borough codes referenced in
the definition of "codes" above.
Units must have a valid a short-term rental license as issued
by the Borough of Abbottstown.
Installed, furnished or provided by the owner or operator
at his expense.
A person, corporation, partnership or group, whether or not
the legal owner of record, occupying a building or portion thereof
as a unit.
An open space on the same lot with a structure.
A.
A license shall be required for all regulated rental units (unless
otherwise covered under a separate licensing program adopted and operated
by the Borough or other approved entity/agency.
B.
The following categories or rental properties shall not require licenses
and shall not, therefore, be subject to the permitting provision of
this article.
(1)
Owner-occupied dwelling units provided that not more than two unrelated
individuals, in addition to the immediate members of the owner's
family, occupy the dwelling unit at any given time.
(2)
Hotels.
(3)
Hospitals and nursing homes.
(4)
Dwellings in which a bed and breakfast use is made.
(5)
Short Term Rental units, where such units are inspected as part of
the Short Term Rental registration and inspection program.
C.
A license shall not be required for multiple-unit dwellings, although
a license shall be required for each regulated rental unit within
the structure. The foregoing notwithstanding, all other provisions
of this article shall apply to the common areas of the structure.
D.
The application for the license shall be in a form as determined
by the Borough.
E.
A license shall not be transferable. Any transfer of ownership in
a regulated rental unit shall require that the new owner procure a
new license for continued rental.
A.
Each license shall have an annual term.
B.
Upon application for a license and prior to issuance or renewal thereof,
each applicant shall pay an annual license fee and an inspection fee,
if an inspection is necessary, in amounts to be established from time
to time by resolution of the Borough Council, to either the Borough
or, if the Borough so designates, to the company which employs its
duly authorized Code Enforcement Officer. Such resolution may provide
for more than one fee scale for different categories of regulated
rental units, to be more specifically set forth in the resolution.
C.
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 of Abbottstown relating to land use and/or code enforcement
or if any licensing fees under this article are due and owing the
Borough.
The requirements for periodic inspections shall be as follows:
A.
Each residential rental unit shall be inspected by the Property Maintenance
Code Officer or other designee of the Borough at least one time in
every twenty-four-month period; and for such purpose and for any reinspection
required hereunder, the owner shall provide access to Borough representatives.
A unit where inspection access is denied may not be a qualified residential
unit until inspection access is provided.
B.
Where the occupancy of the rental unit changes, the owner shall provide
the Borough an updated renter information form no later than 15 days
after the change in occupancy. No charge shall be assessed for the
updated rental record submission.
C.
This inspection shall include both the exterior and interior of the
premises being inspected.
D.
Upon submission of a new residential rental license application,
or at such other times as provided for in this article, the Property
Maintenance Code Officer or other designee of the Borough, or an approved
independent inspector shall perform an inspection of the residential
rental unit to insure that the residential rental unit meets all of
the requirements of the Code of the Borough of Abbottstown, including,
but not limited to, the International Property Maintenance Code, the
Uniform Construction Code, the International Fire Code, the Abbottstown
Borough zoning ordinance, the terms and conditions of this section,
and any other applicable provisions of the Code of the Borough of
Abbottstown or the laws of the Commonwealth.
E.
For the purposes of enforcing this article, the Property Maintenance
Code Officer or designee of the Borough may seek to obtain an administrative
search warrant issued by a competent issuing authority in accordance
with applicable legal standards for the purpose of compelling an inspection
of a residential rental unit. The refusal to provide inspection access
does not limit the Borough to the remedy that the unit is determined
not to be a qualified residential unit.
F.
The foregoing notwithstanding, if the building containing the residential
rental unit in question has received a certificate of occupancy for
new construction under any other Borough code, the owner of said building
shall not be required to schedule an inspection of such new construction
pursuant to this article until the expiration of 24 months from the
date of the issuance of said certificate of occupancy.
G.
If the owner of a residential rental unit can present to the Borough
Property Maintenance Code Officer a certificate certifying that a
particular residential rental unit has been inspected by a federal
or a state authority pursuant to a maintenance standard equivalent
to or more strict than the International Property Maintenance Code
or any successor thereto which from time to time is in effect in the
Borough of Abbottstown, and pursuant to said inspection found to be
in compliance, the owner of said building shall not be required to
schedule an inspection under the terms of this article until the expiration
of 24 months from the date of the issuance of the state or federal
certificate of compliance. If, as a result of the state or federal
inspection, deficiencies were determined, there shall be no waiver
of the inspection requirements under this article unless the property
owner can also provide to the Borough Property Maintenance Code Officer
a certificate evidencing resolution of the deficiency sufficient to
obtain a certificate of compliance.
H.
Independent inspectors.
(1)
Any owner shall have the right to employ an independent inspector
certified as a qualified inspector per Item H.2 below and as to any
residential rental unit inspected and certified as being in compliance
by said inspector, the owner of said building shall not be required
to schedule an inspection under the terms of this article until the
expiration of 24 months from the date of the issuance of the certificate
of compliance based on said inspection.
(2)
Approved independent inspectors must provide sufficient written evidence
to document a thorough, current and competent knowledge of the Borough
codes, as well as other relevant codes. The Borough reserves the sole
right to determine the eligibility and appropriateness of an individual
for the purposes of conducting rental unit inspections.
(3)
In this context, the Borough shall maintain a database list of inspectors
which it recognizes as being properly certified to perform inspections
under the International Property Maintenance Code and any independent
inspector employed by an owner must be from said list.
(4)
When an inspection is performed by an independent inspector, a copy
of the inspection report must be provided to the Borough Property
Maintenance Code Officer within 48 hours of the date of inspection.
Where violations or code deficiencies are noted in the independent
inspector report, the independent inspector must provide a follow-up
inspection to verify resolution of those deficiencies and must provide
the Borough Property Maintenance Code officer a copy of the inspection
report following the follow-up inspection to verify the status of
corrections. The follow-up inspection must be prompt and within a
reasonable time from the date of the original inspection. No inspection
shall be recognized as having been completed under this section until
a certificate of compliance is issued.
(5)
The Borough reserves the right to remove from the list of qualified
inspectors any inspector determined by the Borough not to be conducting
inspections in accord with the standards established by the International
Property Maintenance Code or who fails to conduct the required re-inspections
on properties in which deficiencies have been noted or who fails to
provide copies of all inspection reports in accord with the provisions
of this subsection.
I.
For any inspection pursuant to Subsections E and F above, the Borough reserves the right to inspect any premises to verify the quality of any independent or government agency inspection. No fee will be charged for this inspection, but appropriate fees may be charged for re-inspections if violations are found.
J.
No inspection under this article shall be made of hotels or motels
principally providing overnight lodging only.
A.
All owners of residential rental units shall submit an initial Residential
Rental License Application to the Borough Code Enforcement Division
of the Department of Planning & Engineering, the "Department",
before allowing occupancy of a dwelling unit. A separate residential
rental license application shall be required for each residential
rental property identifying each residential rental unit therein.
Every residential rental license application shall be accompanied
by a residential rental license application fee, as fixed in an amount
determined by Borough Council set forth in the Resolution of Fee as
adopted and amended from time to time by Council.
B.
Upon successful completion of all administrative and inspection requirements
of this Chapter, the Department shall issue a residential rental license
upon request of the owner or operator. Each subject rental unit shall
physically display the rental license placard on the premises. Residential
rental units which fail to meet the requirements of this Chapter shall
not qualify for the issuance of a residential rental license unless
the residential rental unit is brought into compliance with this Chapter.
A reinspection fee may be assessed by the Code Official and shall
be remitted wherein an owner or operator seeks a second or subsequent
inspection under any application for a residential rental license
prior to the Department conducting such reinspection. The inspection
and reinspection fees shall be as fixed in an amount determined by
Borough Council set forth in the Resolution of fees.
Each Owner of a residential rental unit in the Borough of Abbottstown or the agent or operator for such Owner shall comply with the Rental Property Registration Ordinance, Ordinance No. 1987-8, codified in Chapter 162 of the Code of the Borough of Abbottstown, as may be amended.
If an inspection of a residential rental unit, discloses code
deficiencies, the Property Maintenance Code Officer or other Borough
designee, or the independent inspector, shall issue a notice of violation.
The notice of code violation shall set forth the following:
A.
The street address or appropriate description of the subject property;
B.
The date of the inspection;
C.
The identity of the inspector;
D.
A list of the code deficiencies;
E.
An Appeals Form (for the owner's use should they dispute the
cited conditions);
F.
The number of days in which the owner and/or occupant is to accomplish
repairs and/or otherwise eliminate the code deficiencies; and
G.
Notice that, if the conditions are not repaired or the premises are
not otherwise brought into compliance with the applicable code within
the time specified, the tenant and/or the owner may be prosecuted
and/or the residential rental unit may be placarded as unfit for human
occupancy in accordance with the Borough Property Maintenance Code.
Only the Borough shall have authority to institute prosecution proceedings
under the terms of this article.
A.
Upon the expiration of the time specified to accomplish repairs or
otherwise bring the premises into code compliance, or upon notice
to the Borough from the owner that the repairs have been accomplished
or code deficiencies otherwise eliminated, whichever occurs first,
the Borough Property Maintenance Code Officer or other Borough designee
(to be Borough Engineer, Borough retained independent inspector or
Borough Fire/Police Department personnel), or independent inspector,
as the case may be, shall reinspect the subject residential rental
unit.
B.
In the event such reinspection discloses that the owner accomplished
the repairs or the code deficiencies have otherwise been eliminated,
the Borough Property Maintenance Code Officer shall note the citation
to be closed. Where the reinspection has been completed by an independent
inspector, the close out of the citation may only occur after the
proper Borough official has been provided a report of the reinspection
indicating that all deficiencies have been resolved and such report
is received by the Borough within two working days of the date of
the reinspection.
C.
In the event such reinspection discloses that the owner failed to
accomplish the repairs or otherwise eliminate the code deficiencies,
the Property Maintenance Code Officer may pursue prosecution as otherwise
provided in the Borough Property Maintenance Code.
A.
Council, by resolution, shall establish the inspection fee annually,
and invoices shall be mailed to owners of each rental unit before
September 30 of each year that an inspection is due. Invoices are
due upon receipt and must be paid prior to December 31 of each year.
The foregoing notwithstanding, in times of community emergency, Council
may, by resolution, extend the due date for payment to a later date.
In the event of any such change, rental property owners will be notified.
B.
In the event violations of any of the codes referenced in this article
are found during the initial inspection of the premises, fees will
be assessed according to the Fee Schedule Resolution for each reinspection
of the premises for matters relating to the violations found during
the initial inspection. Where the violation notice issued specifies
times for resolving noted Property Maintenance Code violations, it
should be anticipated that an additional inspection will be required
for each time frame established in the notice. The foregoing notwithstanding,
if the initial program inspection of the premises discloses five or
more Property Maintenance Code violations, a fee will be assessable
by the Borough for the administration and enforcement undertaken pursuant
to this article and the Code as shall be established by the Borough
by resolution from time to time.
A.
It shall be the duty of every owner to keep and maintain all regulated
rental units in compliance with the applicable codes and provisions
of all other 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, to the maximum extent practicable,
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 the Part, 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, which conduct
or activity takes place at such regulated rental unit or its premises.
C.
In order to achieve those ends, every owner of a regulated rental
unit shall regulate the conduct and activity of the occupants thereof,
both contractually and though enforcement, as more fully set forth
below.
D.
This Section shall not be construed as diminishing or relieving,
in any way, the responsibility of the 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 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. Nothing
herein is intended to impose any additional civil/criminal liability
upon an owner other than that which is imposed by existing law.
E.
This article is not intended to, 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.
A.
The occupant(s) shall comply with all obligations imposed upon the
occupant(s) by this article, all applicable codes and ordinances of
the Borough and all applicable provisions of State law.
B.
The occupant(s) shall abide by the Health and Safety Regulations
as follows:
(1)
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 areas on the premises.
(2)
In tandem with obligations as set forth in the International Property
Maintenance Code, the occupant(s) shall dispose from their regulated
rental unit all rubbish, garbage and other waste in a covered trash
container, and separate and place for collection all recyclable materials,
in compliance with the recycling plan submitted by the owner to the
Borough under its Solid Waste and Recycling Ordinance or, if there
is no recycling plan for the premises, then in compliance with the
Borough's Solid Waste and Recycling Ordinance and all other applicable
ordinances, laws and regulations.
(3)
Peaceful enjoyment. The occupant(s) shall conduct themselves and
require other person(s) 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 adjacent or nearby dwellings by the person(s)
occupying the same.
(4)
Residential use. The occupant(s) shall, unless otherwise permitted
by applicable law or ordinance, occupy or use their regulated rental
unit for no other purpose than as a residence.
(5)
Illegal activities. The occupant(s) shall not engage in, nor 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.)
The issuance of a certificate of compliance is not a representation
by the Borough that the residential rental unit has been inspected
and/or the building in which it is located does not contain any violation
of any of the codes referenced in the definition of "codes" above.
Rather, the issuance of a certificate of compliance represents that
on the date of inspection, no material violation of any of said codes
was noted by the inspector. Neither enactment of this article nor
the issuance of a certificate of compliance is a guarantee to any
person that no code violations exist in the premises inspected, nor
shall there be imposed any liability upon the Borough for any errors
or omissions which resulted in the issuance of such certificate, nor
shall the Borough bear any liability not otherwise imposed by law.
The owner of a residential rental unit or a tenant of said unit
if a tenant has been cited who is aggrieved by a decision of the Property
Maintenance Code Officer or other Borough designee may, within 30
days of the date of receipt of the notice of violation or the time
fixed for repair, whichever is shorter, appeal the decision in accord
with applicable provisions of the International Property Maintenance
Code.
Nothing in this article shall preclude or prohibit the Property
Maintenance Code Officer or other Borough designee from identifying
any code violations or inspecting any property according to the terms
of any of the referenced codes at any time, whether or not the particular
premises are scheduled for periodic inspection under the terms of
this article.
A.
The failure of any owner to effect corrections as provided in this
article shall be considered a violation of the Code of the Borough
of Abbottstown, including, but not limited to, the International Property
Maintenance Code, the Uniform Construction Code, the International
Fire Code, the Abbottstown Borough Zoning Ordinance, the terms and
conditions of this section, and any other applicable provisions of
the Code of the Borough of Abbottstown or the laws of the Commonwealth
and the procedures and penalties prescribed therein shall be applicable.
B.
Any person who violates any provision of this article, shall, upon
conviction, be liable to pay a fine not to exceed $1,000 plus court
costs and the reasonable attorneys fees incurred by the Borough in
the enforcement proceedings (inclusive of any equity proceedings),
and in default of payment of said fine and costs/fees to a term of
imprisonment to the extent allowed by law for the punishment of a
summary offense. Each day in which an offense shall continue shall
be deemed a separate offense. In addition to the above, the Borough
may enforce this article in equity in the Court of Common Pleas of
Adams County, Pennsylvania.
Any Ordinance or Resolution, or any portion of any Ordinance
or Resolution, of the Borough of Abbottstown, which is inconsistent
with the contents of the present Ordinance shall be, and the same
is hereby, repealed insofar as the same is affected by or inconsistent
with the provisions of the present Ordinance.
If any section, subsection, sentence, clause, phrase, or portion
of this article is for any reason held invalid or unconstitutional
by any Court of competent jurisdiction, such portion shall be deemed
to be a separate, distinct, and independent provision, and such holding
shall not affect the validity of the remaining portions of the present
Ordinance.
This article shall take effect and be in full force and effect
beginning January 1, 2024, provided however, in order to provide for
an effective start up to the licensing and inspection provisions of
this article, Owners of applicable properties located North of U.S.
Route 30 must apply for a license and provide for an inspection and
otherwise comply with this article within 12 months of the effective
date of this article, and Owners of applicable properties located
South of U.S. Route 30 must apply for a license and provide for an
inspection and otherwise comply with this article within 24 months
of the effective date of this article. Except as provided in this
section, it shall be unlawful to occupy or let to others for occupancy
any residential rental unit which has not been currently licensed
and inspected as provided by this article.
