[Adopted 6-25-2002 by Ord. No. 2002-9]
The purpose of this article and the policy of
the Borough of Millersville shall be to protect and promote the public
health, safety and welfare of its citizens, to establish rights and
obligations of owners and occupants relating to residential rental
units in the Borough and to encourage owners and occupants to maintain
and improve the quality of rental housing within the Borough. As a
means to these ends, this article provides for a systematic inspection
program, registration and licensing of residential rental units, and
penalties. In considering the adoption of this article, the Borough
makes the following findings:
A. There is a growing concern in the Borough with the
failure of some landowners to properly maintain residential rental
units.
B. Borough records indicate there is a greater incidence
of problems with the maintenance and upkeep of residential properties
which are not owner-occupied as compared to those that are owner-occupied.
C. Borough records indicate there are a greater number
of disturbances at residential rental units than all other properties
combined.
D. Borough records indicate that violations of the codes
are generally less severe at owner-occupied units as compared to residential
rental units.
Unless otherwise expressly stated, the following
terms shall, for the purpose of this article, have the meanings indicated
as follows:
BOROUGH
The Borough of Millersville, Lancaster County, Pennsylvania.
BOROUGH COUNCIL
The governing body of the Borough.
[Added 4-23-2013 by Ord. No. 2013-2]
CODE ENFORCEMENT OFFICER
A person designated by Borough Council to enforce this article,
including performance of inspections, issuance of residential rental
licenses and issuance of citations.
CODES
Any state or local code or ordinance adopted, enacted or in effect in and for the Borough, including but not limited to the Building Code, codified as Chapter
150, Article
II; the Property Maintenance Code, codified as Chapter
150, Article
I; the Zoning Ordinance, codified as Chapter
380; the Solid Waste and Recycling Ordinance, codified as Chapter
310; and general nuisance ordinances.
COUNTY
The County of Lancaster.
DISRUPTIVE CONDUCT
Any act by an occupant of a residential rental unit or by a person present at a residential rental unit involving public drunkenness, consumption of an alcoholic beverage in public, public urination or defecation, the unlawful deposit of trash or litter on public or private property, damage to or destruction of public or private property, the obstruction of public roads, streets, highways or sidewalks, interference with emergency or police services, unreasonable noise as defined by Chapter
257, Noise, of the Code, use of profane or obscene language or gestures, indecent exposure, fighting or quarreling, or any other act defined as “disorderly conduct” in the Pennsylvania Crimes Code or any act prohibited in Chapter
114, Alcoholic Beverages, Chapter
154, Curfew, Chapter
173, Firearms, Chapter
257, Noise, or Chapter,
278, Public Property, of the Borough Code or which otherwise injures or endangers the health, safety or welfare of the residents of the Borough residing in the neighborhood or vicinity of the gathering. It is not necessary that such conduct, action, incident or behavior constitute a criminal offense nor that criminal charges be filed against any person in order for said person to have perpetrated, caused or permitted the commission of disruptive conduct, as defined herein; provided, however, that no disruptive conduct shall be deemed to have occurred unless a Code Enforcement Officer or a police officer shall investigate and make a determination that such did occur, and keep written records, including a disruptive conduct report, of such occurrences. The occupant and the owner and, if applicable, the manager shall be notified of any such occurrences, in writing.
DISRUPTIVE CONDUCT REPORT
A written report of disruptive conduct to be completed by
a police officer or a Code Enforcement Officer who actually investigates
an alleged incident of disruptive conduct and which shall be maintained
by the Code Enforcement Officer.
HOTEL UNIT
Any room or group of rooms located within a hotel or motel,
forming a single habitable unit used or intended to be used for living
and sleeping only on a transient basis for a period of less than 30
days.
MANAGER
A person retained by an owner to be responsible for one or
more residential rental units within the Borough.
OCCUPANT
Any person over one year of age living and sleeping in a
residential rental unit or having actual possession of said residential
rental unit.
OWNER
The person who holds record title and/or the equitable owner
under an agreement of sale of a property upon which a residential
rental unit is erected or maintained. If more than one person owns
the residential rental unit as joint tenants, tenants in common, tenants
by the entireties, or tenants in copartnership, each such person shall
be considered an owner and shall have all of the duties of an owner
under this article.
PERSON
A natural individual, unincorporated association, partnership,
corporation, estate, trust or any other legally recognized entity,
and the members of such partnership and the officers of such corporation.
PERSONAL-CARE HOME
A premises in which food, shelter, and personal assistance
or supervision are continually provided for four or more adults who
are not relatives of the operator, who do not require the services
in or of a licensed long-term facility, but who do require assistance
or supervision in matters such as dressing, bathing, diet, financial
management, evacuation of a residence in the event of an emergency,
or medication prescribed for self-administration, and which meets
the regulations of any applicable government licensing agency.
[Added 12-14-2004 by Ord. No. 2004-7]
PREMISES
Any parcel of real estate within the Borough, including the
land and all buildings and appurtenant structures, on which one or
more residential rental units are located.
PROPERTY MAINTENANCE CODE
The Borough Property Maintenance Code enacted as Chapter
150, Article
I, of the Borough Code, as it may be amended in the future.
RESIDENTIAL RENTAL UNIT
A rooming unit or a dwelling unit let for rent or a residential
unit occupied by any persons other than one occupied solely by the
owner and members of the owner's family. Each individual townhouse
dwelling, each individual apartment unit, each individual unit in
a multifamily building, and each rooming unit shall be considered
a separate residential rental unit. If a structure contains a rooming
unit or if any portion of the structure is let for rent, it shall
be considered a residential rental unit whether or not the owner or
a relative of the owner also resides in the structure. A residential
rental unit shall not include a hotel unit or a personal-care home.
A residential rental unit includes dwelling units under lease-purchase
agreements or long-term (greater than six months) agreements of sale.
[Amended 12-14-2004 by Ord. No. 2004-7]
ROOMING UNIT
A portion of a dwelling unit including any room or group
of rooms forming a single habitable unit used or intended to be used
for living and sleeping, but not for cooking purposes. Granting of
permission to use shared or common cooking facilities may be associated
with the leasing of a rooming unit.
SAFETY COMMITTEE
A three-member committee of Borough Council which has jurisdiction
over public safety issues, as such Safety Committee shall be designated
or named from time to time.
[Added 4-23-2013 by Ord. No. 2013-2]
Each occupant of a residential rental unit shall
have the following duties:
A. Comply with all obligations of this article and all
applicable codes and Borough ordinances, as well as all state laws
and regulations.
B. Conduct himself/herself and require other persons,
including but not limited to guests on the premises and within their
residential rental unit with their 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 people occupying the same.
C. Not engage in, nor tolerate, nor permit others on
the premises to cause damage to the residential rental unit or engage
in disruptive conduct or other violations of this article, codes,
Borough ordinances, or applicable state laws.
D. Use the trash and recyclable collection services provided
by the owner.
E. Use the residential rental unit for no purpose other
than as a residence.
F. Maintain the residential rental unit in a manner meeting all requirements for occupants of structures set forth in Chapter
150, Article
I, Property Maintenance.
G. Allow the Code Enforcement Officer to inspect the
residential rental unit in accordance with this article at reasonable
times.
H. Not allow persons other than those identified on the
lease to reside in the residential rental unit.
I. Not allow the residential rental unit to be occupied by more than one family. For the purposes of this subsection, a "family" shall be considered to be a family as that term is defined in Chapter
380, Zoning, i.e., no more than three persons unrelated to all the others by blood, marriage, adoption or legal foster relationship.
J. Not permit the possession of, serving to or consumption
of alcohol by underage persons.
K. Insure
that the maximum number of persons permitted in the residential rental
unit at any time shall not exceed one person for each 40 square feet
of habitable floor space in the residential rental unit. Insure that
the maximum number of persons permitted in the common areas of any
multiunit building containing residential rental units shall not exceed
one person for each 15 square feet of common area on the premises.
[Added 3-27-2012 by Ord. No. 2012-4]
[Amended 12-14-2004 by Ord. No. 2004-7]
A. The manager of each residential rental unit shall
apply for and obtain an annual residential rental license for each
residential rental unit. A residential rental unit license shall be
valid for a period of one calendar year from the date of issuance.
The Borough, as a courtesy, may forward a notice that a residential
rental license will expire and must be renewed, but the failure of
the Borough to send such notice or the failure of the manager to receive
such notice shall not excuse the manager of a residential rental unit
from making an application to obtain and/or renew a residential rental
unit license.
B. The Code Enforcement Officer shall issue a residential
rental license if the owner provides the name, address and phone number
of a manager (if applicable), pays the registration fee, submits a
complete and accurate occupant listing for the residential rental
unit and is current on real estate taxes, sewer rates and trash collection
fees for the residential rental unit.
C. The Code Enforcement Officer shall deny and may revoke
a residential rental license if the owner does not provide the name,
address and phone number of a manager (if applicable), does not pay
the annual registration fee, is not current on real estate taxes,
sewer rates or trash collection fees for the residential rental unit,
does not submit a complete and accurate occupant listing for the residential
rental unit with the application for renewal of the residential rental
unit license or within one month after a change in the identity of
the occupants of the residential rental unit, does not correct a code
violation within the time frame cited by the Code Enforcement Officer,
and/or has not complied with the disruptive conduct provisions of
this article.
D. The Code Enforcement Officer shall deny and may revoke
a residential rental license if the following occur within the licensed
residential rental unit or on the premises:
(1) Failure to abate any violation of Chapter
150, Article
I, Property Maintenance, within the time specified in the notice of violation, unless an appeal is pending.
(2) Failure to take action to evict occupants of a residential
rental unit when the disruptive conduct provisions of this article
require such action.
(3) Occurrence of three violations of this article and/or
of any other Borough codes or ordinances that apply to the residential
rental unit or premises during the term of the license. Before an
occurrence may be considered a violation, there must be either a summary
conviction or the Code Enforcement Officer must send the owner a written
notice of the violation within 30 days of the incident, and the period
for the owner to file an appeal from the determination of the Code
Enforcement Officer must have expired.
E. The Code Enforcement Officer shall forward written
notice to the owner if the Code Enforcement Officer will deny, refuse
to renew or revoke a residential rental license. The notification
shall identify the residential rental unit; the grounds for the denial,
nonrenewal or revocation, including the factual circumstances and
the section of this article supporting such determination; and informing
the owner of the right to appeal the denial, nonrenewal or revocation
of the residential rental license to the Borough Council under this
article.
F. The Code Enforcement Officer may reinstate a residential
rental license if the owner or manager corrects the reason for the
revocation of the residential rental license and has paid the residential
rental license reinstatement fee.
Prior to initial occupancy of newly constructed
residential rental units, newly created residential rental units,
or substantially rehabilitated residential rental units (as documented
by a certificate of occupancy), the owner or manager shall register
with and make written application to the Code Enforcement Officer
for a residential rental license as herein provided.
A. Initial inspections will occur in accordance with
a phased-in systematic inspection program to be prepared and made
available upon request by the Code Enforcement Officer. A minimum
of 30 days' written notice shall be given for all initial inspections.
The penalty for not allowing an inspection shall be revocation of
the residential rental license.
B. The Code Enforcement Officer shall inspect residential
rental units after completion of the initial inspections under this
article in accordance with a systematic program. The Code Enforcement
Officer may also inspect residential rental units upon a change in
occupancy of the residential rental unit, upon receipt of complaints,
upon the occurrence of disruptive conduct at such residential rental
unit, or for any other reasonable cause.
C. If the Code Enforcement Officer, upon completion of
the inspection, finds that the applicable codes have not been met,
the Code Enforcement Officer shall issue notices and, if appropriate,
commence enforcement actions under the procedure set forth in the
code which has been violated. The following notices shall be issued
to the owner of the residential rental unit or the manager. Notice
provided to a manager shall be deemed notice provided to the owner.
(1) If the Code Enforcement Officer finds violations warranting condemnation of the residential rental unit under the Chapter
150, Article
I, Property Maintenance, in addition to the remedies under Chapter
150, Article
I, Property Maintenance, the Code Enforcement Officer shall:
(a)
Issue a ten-day notice of violation; and
(b)
If, after 10 days from the date of the ten-day
notice of violation, a reinspection reveals that the violations are
not corrected and arrangements satisfactory to the Code Enforcement
Officer have not been made, the residential rental license for the
residential rental unit shall be revoked; and if the residential rental
unit is vacant, it shall remain vacant.
(2) If the Code Enforcement Officer finds violations not warranting condemnation of the residential rental unit under Chapter
150, Article
I, Property Maintenance, the Code Enforcement Officer shall issue a thirty-day notice of violation.
(a)
If, after 30 days from the date of the thirty-day
notice of violation, the first reinspection reveals that all violations
have not been corrected, a thirty-day legal action warning shall be
issued.
(b)
If, after 30 days from the date of the thirty-day
legal action warning, the second reinspection reveals that all violations
have not been corrected, the Code Enforcement Officer shall revoke
the residential rental license for the residential rental unit; and
if the residential rental unit is vacant, it shall remain vacant.
(c)
A fee will be charged for the initial inspection
and for each reinspection. The Code Enforcement Officer shall maintain a list of
all residential rental units and their ownership that have been the
subject of prosecution during the preceding five years.
A residential rental license shall not be transferred.
In the case of licensed residential rental units that are sold or
transferred, the new owner shall seek a residential rental license
for each residential rental unit and have each residential rental
unit inspected. Failure to seek a residential rental license for each
residential rental unit within 60 days of the date of sale or transfer
of ownership shall result in the revocation of the residential rental
license.
[Amended 4-23-2013 by Ord. No. 2013-2]
A. Any appeal from any decision of the Code Enforcement
Officer shall be taken to the Safety Committee. Such appeal shall
be made in writing within 10 working days after the decision of the
Code Enforcement Officer. The appeal shall be verified by affidavit,
shall state the grounds therefor, and shall be filed with the Borough
Secretary. The appeal shall be accompanied by the appeal fee, which
shall be established by ordinance or resolution of Borough Council. The appellant or his representative shall have the right
to appear and be heard, if such right is requested in the written
appeal. The Safety Committee shall make a prompt decision on such
appeal which shall be in writing, copies of which shall be provided
to the Code Enforcement Officer and the appellant.
B. Any person aggrieved by any decision of a police officer or the Code Enforcement Officer in regard to a disruptive conduct report or the revocation of a residential rental license may appeal to the Safety Committee. Any appeal from a disruptive conduct report or the revocation of a residential rental license shall be filed, in writing, within ten working days from the date of the disruptive conduct report or notice of revocation and must meet all requirements of §
290-10A. The Safety Committee shall have all three voting members present at the hearing on an appeal from a disruptive conduct report or revocation of a residential rental license, if a hearing is requested in the written appeal. If all three members of the Safety Committee cannot be present at a hearing on an appeal, the chair of the Safety Committee will request that the Borough Council President attend and participate in the hearing or designate another member of Borough Council to attend and participate in the hearing. The Safety Committee, supplemented by members of Borough Council in accordance with this §
290-10B if necessary, shall render a final decision on the appeal.