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829.01 APPLICATION OF ORDINANCE.
   The provisions of this Chapter shall supplement local laws, ordinances, or regulations existing in the City of Sharon or those of the Commonwealth of Pennsylvania. Where a provision of this Chapter is found to be in conflict with any provision of a local law, ordinance, code or regulation or those of the Commonwealth of Pennsylvania, the provisions which are more restrictive or which establishes a higher standard shall prevail. When a dwelling or dwelling unit, as defined in this Chapter, is subject to a license issued under a prior ordinance, that previously issued license shall remain effective until it expires or is terminated pursuant to the terms of this Chapter in effect on the date of its issuance.
(Ord. 02-2024. Passed 4-3-24.)
829.02 DEFINITIONS.
   As used in this Chapter, the following terms are defined as set forth herein:
   (a)   “City.” The City of Sharon, Mercer County, Pennsylvania.
   (b)   “Dwelling.” A building or structure that contains one or more dwelling units.
   (c)   “Dwelling Unit.” A unit consisting of one or more rooms which are enclosed by one or more walls, for the shelter, housing, residency, occupancy and/or for living or sleeping purposes of one or more persons. This term shall not include any such dwelling unit that is otherwise licensed and inspected for operation by the City.
   (d)   “Landlord.” An owner, including a grantor under an unrecorded agreement of sale (land contract), lessor, sub-lessor, person or persons or one who acts as an agent for the owner, lessor, sub-lessor, person or persons, of any parcel of real estate located in the City of Sharon upon which a dwelling or dwelling unit is located and which said dwelling or dwelling unit is one that is occupied or will or may be offered or made available for the occupancy by a person or persons other than the owner of the dwelling. No person whose primary relationship with a tenant is that of a licensed health care provider shall be considered a landlord for purposes of this Chapter.
   (e)   “Person.” Any individual, partnership, association, firm, corporation, trust, estate, or other entity of any type.
   (f)   “Occupant.” A person who has a right to occupy or use or is actually occupying or using, either alone or with others, a dwelling unit owned by a person other than himself or herself, for a period exceeding twenty (20) days.
   (g)   “Responsible Agent.” An individual who shall reside or maintain a business within the County of Mercer, Pennsylvania; a bordering county within Pennsylvania; or be located within fifty (50) miles of Mercer County and within Pennsylvania, and be authorized, in writing, by the owner and/or landlord to provide access to the property and receive notices and communications and to accept service of process of the initial and subsequent pleadings on behalf of the owner or landlord.
   (h)   “NOOP Official.” An individual or individuals appointed or employed by the City of Sharon, and designated by the City Manager or his or her designee, and whose duty is to enforce and pursue violations of this Chapter.
(Ord. 02-2024. Passed 4-3-24.)
829.03 SCOPE OF ORDINANCE.
   Landlords and occupants of any dwelling or dwelling unit located in the City shall comply with the responsibilities of this Chapter governing their registration, licensing, and inspection.
(Ord. 02-2024. Passed 4-3-24.)
829.04 NOOP REPORTS AND LICENSES.
   (a)   No Landlord shall offer, operate, rent, or allow an occupant to occupy any dwelling or dwelling unit in the City without first having obtained a license for each dwelling unit that is issued by the NOOP Official.
   (b)   Every Landlord, as defined herein, shall submit a completed report form supplied by the City to the NOOP Official, which includes, inter alia, the following information:
      (1)   The address of each dwelling and dwelling unit for which the application is submitted;
      (2)   The name, address and contact information of any property manager employed by the landlord.
      (3)   Whether or not said dwelling and dwelling unit is occupied by a person and, if so, the name of all occupants over age eighteen (18) and the number of persons occupying said dwelling.
      (4)   The name, address, and contact information of the landlord's responsible agent.
   (c)   Any person who shall become a Landlord, as defined herein, after July 1, 2024, shall comply with subsection (b) above within thirty (30) days of becoming the Landlord of the dwelling or dwelling unit.
   (d)   After July 1, 2024, every landlord, as defined herein, of a dwelling or dwelling unit within the City shall report to the NOOP Official, on a form to be supplied by the City, any change as to the occupants of any dwelling or dwelling unit. The reported change shall include the name of all new occupant(s), the number of persons occupying such dwelling or dwelling unit, and the date when such change was effected. If a dwelling unit used or utilized by an occupant becomes vacant, such vacancy shall be reported to the NOOP Official within ten (10) days, unless a change of occupancy occurs within ten (10) days of the vacancy.
   (e)   Upon completion of the application, the NOOP Official shall issue a non- transferrable NOOP license for continued use as a dwelling or dwelling unit that shall expire two (2) years following its issuance unless the dwelling or dwelling unit has failed a previous inspection with such violations remaining uncorrected. In such cases, upon a subsequent satisfactory reinspection, the NOOP Official shall issue a license. Notwithstanding these requirements, the NOOP Official shall deny issuing a NOOP license if landlord has failed to meet any of these requirements:
      (1)   The property is not maintained or is used in a manner that is in violation of any City ordinance;
      (2)   The landlord is not delinquent in the payment of any fees required under this Chapter;
      (3)   All sewer fee payments are current for any properties owned by the Landlord in the City;
      (4)   The landlord is current on all municipal taxes to the City, including for all properties owned by the Landlord in the City;
      (5)   The landlord affirms having obtained the services of a solid waste contractor for the licensed property.
   (f)   Landlords shall renew their license every two (2) years by completing a license application no later than one (1) month prior to the expiration of the current license.
   (g)   In addition to all other requirements in this Section, issuance of a NOOP license shall be conditioned upon the payment of a fee, which shall be set by a resolution of Council.
(Ord. 02-2024. Passed 4-3-24.)
829.05 INSPECTION OF DWELLINGS AND DWELLING UNITS.
   (a)   All dwellings and dwelling units shall be subject to an inspection by the NOOP Official or his or her designee. Inspections of the property shall be completed in a uniform and non-arbitrary manner pursuant to a written policy created at the direction of the City Manager. Inspections of every dwelling shall occur no less frequently than once every two (2) years under the policy. The policy shall attempt to provide the least inconvenient means as possible to the occupant, including encouraging the completion of inspections during changes of occupancy or vacancy or upon the receipt of identifiable, good faith complaints.
   (b)   All inspections shall be completed following written notice to the landlord and the occupant of the dwelling. Said notice shall meet the following requirements:
      (1)   The landlord shall be given advance notice indicating the date and time of inspection, including the property and the unit or units to be inspected.
      (2)   During all inspections, the NOOP Official shall display appropriate credentials identifying himself or herself as the NOOP Official.
      (3)   At the scheduled date and time, the landlord and occupant shall provide access to the property for the purposes of conducting the inspection. If no one is present to provide access, the NOOP Official can attempt to reschedule the inspection upon reasonable cause provided by the landlord or occupant. The City may charge a fee for rescheduling the inspection.
      (4)   If access to the dwelling or dwelling unit to conduct the inspection is refused, the NOOP Official shall apply for and obtain an administrative search warrant, pursuant to law, and upon obtaining said warrant, enter the premises to conduct the inspection.
   (c)   All inspections shall be conducted in accordance with the following requirements:
      (1)   The inspections shall be conducted for the protection of the general health, safety and welfare of the dwelling occupants, their guests and invitees, and the general public.
      (2)   The NOOP Official, or other person designated by the City Manager, shall conduct all inspections and shall verify compliance with a standardized list of health and safety-related items to be inspected that shall be approved by the City Manager or his designee. The items inspected shall be inspected for compliance with the current version of the International Property Maintenance Code in effect, as per City ordinance.
      (3)   Inspections shall be done in the presence of the landlord and/or occupant or their designee who is eighteen (18) years or older unless the inspection is conducted pursuant to an administrative search warrant and the landlord and occupant both refuse to be present during the inspection, in which event the NOOP Official shall document the refusal in writing and conduct the inspection in the presence of a person to be designated by the City Manager.
   (d)   In the event that a dwelling or dwelling unit fails to meet the inspection requirements, the NOOP Official shall provide written notice of the violations to the landlord and occupant as provided herein. All violations of the health and safety requirements shall be documented, through written and/or photographic evidence, during the inspection by the NOOP Official. Landlord shall be obligated to ensure that all violations are remedied, and the NOOP Official shall schedule a reinspection within twenty (20) days, unless an emergency condition exists, in which event the NOOP Official shall proceed under Section 829.10 . The reinspection shall be subject to a fee set by resolution of Council, which shall be due upon completion. Failure of a landlord to pay the fee shall be a violation of this Chapter.
(Ord. 02-2024. Passed 4-3-24.)
829.06 VIOLATIONS.
   (a)   Whenever the NOOP Official, or his or her designee, determines that a dwelling or dwelling unit is in violation of this Chapter, he or she shall, within three (3) business days of that determination, personally serve, email (with the landlord's consent), or serve written notice by certified mail, return receipt requested, or first class mail, to the landlord or the landlord's responsible agent stating that the dwelling or dwelling unit has not met the requirements of this Chapter. The notice shall contain the following:
      (1)   A description of the real estate sufficient for identification;
      (2)   The specific reasons why the dwelling or dwelling unit is not in compliance, setting forth the specific provisions of the standardized inspection list that the dwelling or dwelling unit is not in compliance with;
      (3)   That unless the dwelling or dwelling unit comes into compliance within twenty (20) days of the date of mailing of the notice by correcting the violation, the dwelling or dwelling unit shall be deemed uninhabitable and the landlord's license will be revoked; and
      (4)   That the landlord has a right to file an appeal pursuant to Section 829.11 .
   (b)   If the notice is returned showing that the letter was not delivered, a copy of the notice shall be posted in a conspicuous place in or about the dwelling or dwelling unit and service of notice in this manner shall constitute service under this Chapter.
   (c)   If the dwelling or dwelling unit is not brought into compliance within twenty (20) days of the issuance of the Notice of Violation, and no appeal has been filed, the proper City official, or his designee, shall revoke the landlord's license and shall be permitted to order the tenants to vacate the premises.
(Ord. 02-2024. Passed 4-3-24.)
829.07 COMPLIANCE REQUIRED.
   No person shall occupy as a tenant, nor shall any landlord permit any other person to occupy, any dwelling or dwelling unit which does not comply with the requirements of this Chapter. As of the effective date, all leases for property regulated by this Chapter shall contain a provision requiring the Occupant to permit the NOOP Official to enter the property for the purposes of conducting inspections required by this Chapter.
(Ord. 02-2024. Passed 4-3-24.)
829.08 TRANSFER OF OWNERSHIP.
   A license required by this Chapter shall not be transferable. In the event of a transfer of ownership, whether it be legal or equitable, of a dwelling or dwelling unit regulated by this Chapter, the NOOP license shall expire on the 30th day following said transfer. It shall be the responsibility of the new owner to notify the NOOP Official of said transfer within five (5) days from the date of said transfer and apply for and obtain a new license.
(Ord. 02-2024. Passed 4-3-24.)
829.09 DISPLAY/AVAILABILITY OF LICENSE.
   Every license issued hereunder shall be displayed in a conspicuous place within the dwelling or dwelling unit or be immediately available for production upon request of any tenant or occupant of the structure or duly authorized city official.
(Ord. 02-2024. Passed 4-3-24.)
829.10 VIOLATION(S) THAT CREATE(S) IMMEDIATE THREAT OF HARM.
   Upon inspection, if the NOOP Official, or his or her designee, determines that a violation creates an immediate threat to life, health or safety of the public or the occupants of the structure by not providing minimum safeguards to protect or warn the occupants in the event of fire or because the structure is so damaged, decayed, dilapidated, structurally unsafe or such faulty construction or unstable foundation, that partial or complete collapse is likely, or there is an immediate threat of bodily injury to the occupants, or if the property is in such an unsanitary condition so as to render the dwelling or dwelling unit uninhabitable, the dwelling or dwelling unit will be deemed uninhabitable and the proper City official, or his designee, is authorized and empowered to order and require the occupants to vacate the dwelling or dwelling unit immediately. The landlord's license will be immediately revoked until such time as the violation is corrected and the proper City official, or his designee, has re-inspected the premises and certified that the dwelling or dwelling unit is in compliance with this Chapter.
(Ord. 02-2024. Passed 4-3-24.)
829.11 APPEALS.
   (a)   Any landlord whose license has been revoked or whose application for a license to operate has been denied or has received notice from the proper City official that his dwelling or dwelling unit is not in compliance with this Chapter may, within twenty (20) days from the postmarked date of the written notice of noncompliance or violation (or the date of personal service or sending notice through email, with the landlord's consent), appeal to the Sharon Code Appeals Board by completing and filing the proper appeal application form provided by the City and paying the required fee. The cost to file an appeal shall be contained in a fee schedule and established by Council from time to time. The fee must be paid upon filing the appeal application.
   (b)   The Code Appeals Board shall meet and conduct a hearing, if requested, within twenty-one (21) days of the receipt of an appeal application. A record shall be kept of all evidence and testimony presented at the hearing.
   (c)   All decisions of the Code Appeals Board shall be in writing and a copy of each decision will be sent to the Appellant and the City. The Code Appeals Board shall also retain in its files a copy of each decision. Each decision shall set forth fully the reasons for the decision of the Code Appeals Board and the findings of fact on which the decision was based.
   (d)   Any person or persons aggrieved by any final order or decision of the Code Appeals Board may appeal such order or decision within thirty (30) days to the Court of Common Pleas in accordance with Pennsylvania law.
(Ord. 02-2024. Passed 4-3-24.)
829.12 FEES.
   (a)   All fees imposed or permitted by this Chapter shall be set from time to time by resolution of the Sharon City Council.
   (b)   All fees imposed and collected pursuant to this Chapter shall be accounted for separately and shall be spent solely on expenses related to the administration of this Chapter, which may include staffing, supplies, administrative costs, or any fees incurred resulting directly from the administration of the NOOP licensing and inspection program.
(Ord. 02-2024. Passed 4-3-24; Res. 41-2024. Passed 4-17-24.)
829.13 PROHIBITION AGAINST RETALIATION.
   It shall be unlawful for any landlord or occupant to retaliate in any manner, including by wrongful eviction or to directly or indirectly threaten, intimidate, or take any adverse action or refuse to perform any duties of Landlord, against any person who shall act in good faith to make a complaint to the NOOP Official based on the landlord's failure to provide a structure that meets the basic safety of the occupant, his or her guests or invitees, or the general public, or an alleged violation of this Chapter.
(Ord. 02-2024. Passed 4-3-24.)
829.14 DESIGNATION OF RESPONSIBLE AGENT.
   (a)   No license shall be issued to any person or landlord as defined herein for purposes of renting or making available or permitting a non-owner to occupy the premises if the person or landlord resides outside the County of Mercer or a bordering county, or within fifty (50) miles of Mercer County, Pennsylvania, unless such person or landlord provides to the City the name, address and telephone number of a designated responsible agent who shall meet the requirements provided in Section 829.02 (g). Such authorization to designate a responsible agent shall be in writing and signed by the owner and/or landlord and by the designated responsible agent. Said written authorization shall be filed with the NOOP Official. Designation of a responsible agent shall authorize the responsible agent to provide access to the property and to receive notices and communications necessary or deemed to be appropriate by the City under the terms of this Chapter and to accept service of process of the initial and subsequent pleadings on behalf of the owner or landlord which may be necessary or deemed to be appropriate by the City for the enforcement of this Chapter, provided, however, that nothing contained herein shall affect the right of the City to submit notices and communications directly to the landlord rather than the responsible agent, or to serve process of any initial and subsequent pleadings in any other manner permitted by law.
   (b)   Any owner or landlord to whom a license has been issued who subsequently fails to meet the requirements of this Section, or changes the designation of a responsible agent shall notify the City in writing within thirty (30) days after such change.
(Ord. 02-2024. Passed 4-3-24.)
829.15 PENALTIES.
   (a)   Any person who shall violate any provision of this Chapter shall pay a fine in an amount of no more than one thousand dollars ($1,000.00) and/or be sentenced to a term of imprisonment not to exceed thirty (30) days for each violation. Each day, or portion thereof, that a violation exists or continues, shall be deemed a separate offense and prosecuted as such. For a second or subsequent violation of this Chapter by any person within one (1) year of a prior conviction of any provision of this, the minimum fine shall be five hundred dollars ($500.00).
   (b)   Any person who shall commit multiple violations of any provision of this Chapter may be subject to revocation of his or her NOOP license and deemed ineligible for license renewal under this Chapter for any property owned or directly or indirectly controlled by such person.
   (c)   The City shall be permitted to take appropriate action to restrain, correct, abate, or enjoin any violation of this Chapter. In addition, the City shall have the right to file a municipal lien against any property of a landlord whose actions or inactions in violation of this Chapter requires the expenditure of any funds, or the incurring of any costs, by the City with said lien to be perfected in the manner as required by law.
   (d)   Any person who shall have been subject to retaliation based on Section 829.11 of this Chapter shall be permitted to take the proper action to restrain, correct, abate, or enjoin further prohibited conduct, said damages as provided by law.
   (e)   In addition to any other provision herein, any person found to be in violation of this Chapter shall be required to pay all reasonable attorney fees incurred by the City related to its enforcement.
   (f)   All attorney fees incurred by the City for enforcement of this Chapter shall be properly awarded to the City in any criminal or civil proceeding.
(Ord. 02-2024. Passed 4-3-24.)