(A) Inspections required.
(1) General. All rental housing properties and rental housing units are subject to routine, periodic inspections, as provided by this subchapter, to ensure that the rental housing complies with all applicable building, housing, and property maintenance codes and ordinances.
(2) Frequency of inspections. All rental housing properties shall be inspected once every three years plus once every time there is a change in ownership or occupancy. Although the actual inspection must occur within 90 days of any of the events mentioned in this chapter, the inspection must be scheduled within 30 days of any of those events. Scheduling of the inspection shall be implemented by the borough with coordination of the local contact representative. Notification of changes in use or occupancy shall comply with § 151.05 of the borough code of ordinances.
(B) Non-exclusivity. None of the inspection provisions in this subchapter shall prohibit, condition or otherwise limit any inspection conducted pursuant to this code or other applicable law.
(C) Notice of inspection. The Code Enforcement Officer shall serve written notice of the date and time of any inspection to be conducted under this subchapter, by mailing such notice by first class mail at least 14 calendar days prior to the date of inspection. The Code Enforcement Officer shall mail the notice to the occupants of each rental housing unit, the owner and the local contact representative to the addresses provided on the registration application, as described in § 151.22(B)(2). The Code Enforcement Officer shall also post official notice of the inspection in a common area of the rental property. In the case of multiple owners of the same property, notice to any one of the owners shall comply with the notice requirement under this section.
(D) Re-scheduling an inspection. An owner or local contact representative may reschedule an inspection once by contacting the Code Enforcement Officer’s office at least five calendar days prior to the scheduled inspection date. A rescheduled inspection must occur within 14 calendar days of the original inspection date. Violation of this section shall result in the imposition of a re-scheduling fee.
(E) Entry.
(1) The owner or local contact representative shall provide the Code Enforcement Officer with access to all common areas and vacant units on the rental housing property.
(2) The owner or local contact representative is responsible for obtaining the consent of the tenant of the rental housing unit for the Code Enforcement Officer’s entry to inspect the unit. If the tenant does not consent to the entry for inspection, the Code Enforcement Officer is authorized to seek an inspection warrant from a court of competent jurisdiction. If a tenant or occupant of a rental housing unit refuses to allow the inspection, the owner is in violation of this section.
(3) If the Code Enforcement Officer has reasonable cause to believe that the rental housing unit is so hazardous, unsafe or dangerous as to require immediate inspection to safeguard the public health or safety, the Code Enforcement Officer shall have the right to immediately enter and inspect the premises and may use any reasonable means required to effect the entry and make an inspection
(F) Results of inspection.
(1) If the Code Enforcement Officer finds no code violations, the Code Enforcement Officer shall issue a notice of compliance that shall state in plain language that the property is in compliance with all applicable laws. The Code Enforcement Officer shall mail the notice to the occupants of each rental housing unit, the owner and the local contact representative to the addresses provided on the registration application, as described in § 151.22(B)(2).
(2) If upon inspection, the Code Enforcement Officer discovers one or more violations of this code and any other applicable law, the Code Enforcement Officer shall cause to be issued a notice and order to the owner and local contact representative to correct the violations. The order shall state in plain language the violations of law found and the sections of law with which the property is not in compliance. The order shall also state that failure to correct the violations may result in additional inspection fees under § 151.22(A)(3) and other enforcement actions. The Code Enforcement Officer shall mail the notice and order to the occupants of each rental housing unit, the owner, and the local contact representative to the addresses provided on the registration application, as described in § 151.22(B)(2).
(3) If the Code Enforcement Officer determines that the conditions pose a present, imminent, extreme and immediate hazard to health or safety, he or she shall order abatement of the conditions within 48 hours. Within 24 hours after the time to abate, the Code Enforcement Officer shall conduct a re-inspection of the property or rental housing unit to determine compliance with the order. If the condition has not been abated, the Code Enforcement Officer is authorized to make the necessary repairs to ensure immediate repair of dangerous, life-threatening conditions.
(4) Except as provided in division (F)(2) above, the Code Enforcement Officer shall specify a reasonable time period for correction of the violations, depending on the severity of the condition, between 48 hours and 30 days from receipt of the order to correct the violations and schedule a re-inspection of the property. The borough may impose a fee for the additional inspection required under this division (F)(4). The borough may also commence any enforcement action as provided in this subchapter, including, but not limited to those in § 151.99.
(5) Except for conditions specified in division (F)(3) above, if the violation has not been corrected by the compliance date, but the owner has made significant progress in correcting the violation since the prior inspection, the Code Enforcement Officer may grant a single extension of time not to exceed 30 days.
(Ord. 03-2020, passed 11-16-2020) Penalty, see § 151.99