(A) General.
(1) It shall be the duty of every owner to keep and maintain all regulated rental units in compliance with all applicable borough codes and to keep such property in good and safe condition.
(2) As provided for in this subchapter, every owner shall be responsible for regulating the proper and lawful use and maintenance of every dwelling which he, she or it owns. Every owner shall be responsible to act to minimize disruptive conduct, through the rental contract and through its enforcement of leases, on the premises by the occupants of regulated rental units.
(3) A residential rental license is required by § 150.64 for each regulated rental unit. If a valid license has not been issued within the time-frame established by this subchapter, or the license has been suspended or revoked, then the rental unit shall not be rented for residential use. If a regulated rental unit is rented for residential use without a valid residential rental license, such action shall be a violation of this subchapter.
(4) This subchapter 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 subchapter 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 occupants conduct or activity. Nothing herein is intended to impose any additional civil/criminal liability upon owners other than that which is imposed by existing law.
(5) This subchapter 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.
(B) Designation of manager.
(1) If the owner is not a full-time resident of the borough or a 20-mile radius of the borough, then the owner shall designate a person to serve as manager who does reside or work on a daily basis within a 20-mile radius of the borough. If the owner is a corporation, a separate manager shall be appointed unless an officer of the corporation is appointed as the manager and such officer lives within a 20-mile radius of the borough. If the owner is a partnership, a manager shall be required if a partner does not reside within a 20-mile radius of the borough. Said partner shall perform the same function as a manager. The manager shall be the agent of the owner for service of process and receiving of notices and demands, as well as for performing the obligations of the owner under this subchapter and under rental agreements with occupants.
(2) The legal name, mailing address, daytime physical address (not a post office box) and day time and evening telephone number(s) of a person who is designated as the manager shall be provided in writing by the owner to the borough, and such information shall be kept current and updated within five business days after it changes.
(3) The manager shall be authorized to accept service of process on behalf of the owner.
(4) In addition, an owner may designate an agent to serve all of the same purposes of the owner. If an agent is designated, then the borough is not required to provide separate notice to the owner.
(C) Disclosure. The owner or manager shall disclose to the occupant in writing on or before the commencement of the tenancy: the name, address and telephone number of the manager; or the name, address and telephone number of the owner of the premises if a manager is not required to be designated.
(D) Maintenance of premises.
(1) 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.
(2) However, the owner and occupant may agree that the occupant is to perform specified repairs, maintenance tasks, alterations or remodeling if such responsibilities are established in writing. Such an agreement may be entered into between the owner and occupant only if entered into in good faith and not for the purpose of evading the obligations of the owner or occupant.
(3) The existence of an agreement between owner and occupant shall not relieve an owner of any responsibility under this subchapter or other borough codes for proper repair and maintenance of a building or premises.
(E) Rental agreement and addendum.
(1) In writing. All rental agreements for regulated rental units shall be in writing or otherwise legally enforceable.
(2) Contrary provisions. The owner and occupant shall not include text in a rental agreement that is contrary to the provisions of this subchapter.
(3) Addendum to rental agreement. An addendum to each rental agreement for regulated rental units shall be provided by the owner to the occupant before a rental agreement is presented for signing by an occupant, after the effective date of this subchapter. The text of the addendum shall be consistent with § 150.67, unless an alternative version is pre-approved by a Code Enforcement Officer. The owner shall secure a written acknowledgment from occupants that the occupants have received the addendum. Upon oral or written request by the borough, the owner within ten days of the request shall furnish to the borough copies of the acknowledgment that the occupants received the addendum.
(F) Complaints. The owner or manager shall respond to and correct problems within 30 days after receiving a valid complaint from an occupant.
(G) Pennsylvania Landlord-Tenant Act. The owner and occupants shall comply with all provisions of the Pennsylvania Landlord-Tenant Act.
(H) Common areas. The owner shall be responsible to minimize disruptive conduct by occupants and guests in any common area and the premises and to maintain proper physical conditions in such areas. The owner shall be required to ensure that common areas and the outside premises are in compliance with borough codes.
(I) Eviction. In the event that an occupant(s) of a regulated rental unit is involved in a third disruptive conduct violation within any three-year period during which a residential rental license was required, the Code Enforcement Officer shall provide a written statement to the owner or his or her manager to order him or her to evict the occupants of the regulated rental unit. If the disruptive conduct was caused by only one occupant, then the Code Enforcement Officer shall limit the eviction order to that person. Occupants shall be responsible to prevent their guests from engaging in disruptive conduct on the premises. Once an eviction is ordered, those occupant(s) shall not be permitted to occupy any area on the same lot for a minimum period of two years. In addition, once an eviction is ordered, those occupant(s) shall not be permitted to occupy any dwelling unit or boarding/rooming house unit that is owned by the same person or entity within the borough for a minimum period of two years. The owner shall begin eviction proceedings within 15 days after receiving such statement and shall continue such proceedings to completion, without interruption, unless the occupants vacate the premises.
(1) Failure of an owner to carry out an order to evict occupants shall result in suspension or revocation of the residential rental license and shall be a violation of this subchapter.
(2) This subchapter shall not limit the ability of an owner to evict tenants in compliance with state law for reasons other than violations of this subchapter.
(3) A requirement to evict occupants shall not apply if a successful appeal is made to the Property Maintenance Board of Appeals, or if the district magistrate rules in the occupant’s favor during eviction proceedings that have been prosecuted by the landlord in good faith, or where a court appeal or other legal action has been filed that would lawfully prevent eviction.
(4) The Code Enforcement Officer shall maintain a list of occupants who were ordered to be evicted and the affected addresses. Such list shall be maintained for a minimum of three years and shall be available for public review.
(J) Code violations. Upon receiving notice of any code violations from the Code Enforcement Officer, the owner shall take necessary action, or cause such action to be taken, to eliminate the violation within the time limit provided on the notice or citation.
(K) Borough can make repairs.
(1) In case the owner of 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 25% of said costs or $50 whichever is greater, for each time the borough shall cause a violation to be corrected. The owner of the premises shall be billed after such work has been completed. The owner shall be personally liable for any such bill which remains unpaid and outstanding after the time specified therein for payment shall be grounds for the imposition of interest, together with interest at the legal rate, attorney fees and court costs.
(2) The remedies provided by this division (K) are not exclusive and the borough and its Code Enforcement Officer may invoke such other remedies available under this subchapter or other applicable codes, ordinances or statutes, including where appropriate, condemnation proceedings or declaration of premises as unfit for habitation; or suspension, revocation or non-renewal of the residential rental license.
(L) Inspections by Code Enforcement Officer. The owner or manager shall allow and schedule inspections by a Code Enforcement Officer of the premises during borough business hours, after a minimum of seven calendar days’ notice have been provided to the owner or manager. The owner or manager shall provide a minimum of three calendar days’ advance notice to at least one adult occupant of each rental unit of the time and date of the inspection. These advance notice requirements shall not apply when the Code Enforcement Officer has reason to believe that a imminent threat to public health and safety may exist. See also § 150.64.
(Ord. 1060, passed 4-15-2008)