(A) General. A Code Enforcement Officer may initiate the following enforcement actions against an owner for violating any provision of this subchapter that imposes a duty upon the owner and/or for failing to regulate the breach of duties by occupants as provided for herein.
(B) Responses to violations of this subchapter and other borough codes.
(1) Notice of violations. A Code Enforcement Officer shall provide written notification of violations of borough codes and require that they be corrected within a reasonable maximum time period that the Code Enforcement Officer establishes in the enforcement notice.
(a) A Code Enforcement Officer may determine that the rental unit is unfit for human habitation, in which case it shall be vacated and remain vacated until such situation is corrected.
(b) For serious violations that do not require the property to be immediately vacated, a Code Enforcement Officer may require that the violations be corrected within 24 hours, or another time period stated on the notice or citation.
(2) Non-renewal. A Code Enforcement Officer shall delay or deny the renewal of a residential rental license if there are outstanding violations of borough codes for that rental unit that have not been corrected at the time of license renewal. If the violations are not a threat to safety of occupants or other members of the public, a Code Enforcement Officer shall permit the current occupants to continue to reside in the premises for a reasonable period of time established by a Code Enforcement Officer in the notice of non-renewal, with the time limit removed when the violations of borough codes are corrected. A Code Enforcement Officer may issue a temporary license that is conditioned upon certain actions being taken within a maximum time period.
(3) Revocation. The immediate revocation of the license to rent a regulated rental unit shall occur if a Code Enforcement Officer determines that violations of borough codes present a threat to the safety of occupants or other members of the public. Such revocation shall occur until violations of borough codes are corrected and the property has been re-inspected. Upon revocation, the owner shall take immediate steps to evict the occupants and/or to locate alternative housing for the occupants.
(4) Suspension. A Code Enforcement Officer may suspend the license to rent a regulated rental unit if violations of borough codes have not been corrected within a time limit established by a Code Enforcement Officer. Such suspension shall continue until such time as a violation(s) of borough codes is corrected.
(a) If the violations are not a threat to safety of occupants or other members of the public, a Code Enforcement Officer shall permit the current occupants to continue to reside in the premises for a reasonable period of time established by a Code Enforcement Officer in the notice of suspension.
(b) A Code Enforcement Officer may suspend the license to rent a regulated rental unit if the owner or his or her designated manager are not available or do not respond to contacts by a Code Enforcement Officer, or if the name and contact information for the owner or manager are no longer valid, or if the manager no longer represents the owner.
(5) Reinstatement. A residential rental license shall be reinstated if the owner of a regulated rental unit corrects the reason for the revocation of the residential rental license and has paid the residential rental license reinstatement fee.
(C) Criteria for applying sanctions. The Code Enforcement Officer, when deciding upon the sanctions provided in division (B) above, shall consider the following:
(1) The effect of the violation on the health and safety of occupants of the regulated rental unit, other residents of the premises and neighboring residents;
(2) Whether the owner has prior violations of this code and whether those violations were satisfactorily corrected in a timely manner;
(3) The effect of sanctions upon the occupants, particularly when the occupants did not cause the violation; and
(4) The actions taken by the owner to remedy the violation and to prevent future violations, including any written plan submitted by the owner and good faith efforts of the owner to bring the property into compliance.
(D) Reasonable conditions. In addition to enforcing sanctions set forth above, a Code Enforcement Officer may establish reasonable conditions upon a residential rental license that will fulfill the purposes of this subchapter.
(E) Grounds for imposing sanctions. Any of the following may subject an owner to sanctions as provided for in this subchapter:
(1) Failure to abate a violation of borough codes and ordinances that apply to the premises within the time directed by the Code Enforcement Officer;
(2) Refusal to permit the inspection of the premises by a Code Enforcement Officer as required by this subchapter;
(3) Failure to take steps to remedy and prevent violations of this subchapter by occupants of regulated rental units as required by this subchapter; and
(4) Failure to evict occupants after having been directed to do so by a Code Enforcement Officer as provided for in this subchapter.
(F) Procedure for non-renewal, suspension or revocation of license. Following a determination that grounds for non-renewal, suspension or revocation of a license exist, a Code Enforcement Officer shall notify the owner or manager of the action to be taken and the reason therefor. Such notification shall be in writing, addressed to the owner or manager in question, and shall contain the following information:
(1) The address of the premises in question and identification of the affected regulated rental unit(s);
(2) A description of the violation which has been found to exist;
(3) A statement that the license for said regulated rental unit(s) shall be suspended, revoked or will not be renewed for the next license. Time deadlines shall be provided in the notice. In the case of a revocation, the notice shall state the date upon which such revocation will commence;
(4) A statement that during the license non-renewal or revocation, the property shall not be rented for occupancy, except for any temporary conditional license extension that a Code Enforcement Officer may issue; and
(5) Information regarding the appeal process.
(G) Appeals.
(1) Any person affected by a decision, notice or order of a Code Enforcement Officer under this subchapter or any issuance of a disruptive conduct report or any eviction order under this subchapter shall have the right to appeal to the Borough Council, Borough Property Maintenance Board of Appeals. An application for appeal may be made when it is claimed that the provisions of this subchapter have been improperly applied or administered or that factual errors were made by the Code Enforcement Officer, or for such other grounds under this subchapter as the applicant may allege. A written application for appeal is required to be filed within 20 days after the day the decision, report, notice or order was received or served. A fee of $200 shall be paid in advance by the person requesting the hearing for each appeal to the Property Maintenance Board of Appeals. If the appeal is found in favor of the applicant, then such fee shall be returned to the person or entity who paid it.
(2) The Property Maintenance Board of Appeals shall also hear all appeals of enforcement matters under the Borough Existing Structures Code. The appeal provisions in such Code are hereby included by reference.
(3) The Property Maintenance Board of Appeals is hereby established and shall consist of three members who are appointed by the Borough Council. No more than one member shall be an employee of the borough. A minimum of one member shall own rental housing in the borough. The members shall serve staggered three-year terms, with at least one term ending each year.
(a) A minimum of two votes shall be needed for any action by the Board, such as to delete a disruptive conduct report or to halt an order for eviction. A one to one vote shall be considered to have been no action, in which case the determination of the Code Enforcement Officer shall stand.
(b) Two alternate members of the Property Maintenance Board of Appeals may also be appointed by the Borough Council, who may be named by the Chairperson of the Board to serve when regular members are unable to serve.
(c) Decisions of the Property Maintenance Board of Appeals may be appealed to the court of common pleas, within 30 days after a party’s receipt of the decision of the Property Maintenance Board of Appeals.
(d) The Property Maintenance Board of Appeals shall have the authority to elect its own officers and to establish and revise bylaws for its own procedures, actions and meetings.
(e) Decisions of the Property Maintenance Board of Appeals shall be provided in writing to the Chief Codes Enforcement Administrator and to the last known address of the owner, the manager if applicable and the affected occupant within ten days after the conclusion of a hearing on a matter.
(f) Any compensation for the members of the Property Maintenance Board of Appeals shall require approval by Borough Council.
(g) A stenographic record is not required for meetings of the Property Maintenance Board of Appeals. Minutes shall be maintained and a tape recording of meetings may occur.
(H) Notices. Notices of violations and license suspensions, revocations and non-renewals shall be sent to the owner, and manager if applicable, by certified mail.
(1) In the event that the notice is returned by the postal authorities marked “unclaimed” or “refused”, then the Code Enforcement Officer shall attempt delivery 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) The borough shall not be responsible for failing to provide notice where the owner has not provided an up-to-date name and address for the owner or the manager for the rental unit.
(3) For purposes of this subchapter, any notice required hereunder to be given to a Manager shall be deemed as notice given to the owner.
(4) There shall be a presumption that any notice required to be given to the owner under this subchapter shall have been received by such owner if the notice was given to the owner in the manner provided by this subchapter.
(5) A claimed lack of knowledge by the owner of any violation hereunder cited shall not be a defense to rental license non-renewal, suspension or revocation or an eviction order as long as all required notices involving such proceedings have been sent to the last known address of the owner.
(Ord. 1060, passed 4-15-2008)