(a) Basis for Violation. It shall be unlawful for any person, as either owner or manager of a regulated rental unit for which a license is required, to operate without a valid, current license issued by the Borough authorizing such operation. It shall also be unlawful for any person, either owner or manager, to allow the number of occupants of a regulated rental unit to exceed the maximum limit as set forth on the License, or to violate any other provision of this article. It shall be unlawful for any occupant to violate this article.
(b) Penalties. Any violation of this article shall constitute a summary offense punishable, upon conviction thereof by a District Justice, by a fine not to exceed one thousand dollars ($1,000.00) plus costs, by a term of imprisonment not to exceed thirty (30) days. Each day a violation shall constitute a separate and distinct offense.
(c) Non-Exclusive Remedies. The penalty provisions of this article and the license non-renewal, suspension and revocation procedures provided in this article shall be independent, non-mutually exclusive separate remedies, all of which shall be available to the Borough as may be deemed appropriate for carrying out the purposes of this article. The remedies and procedures provided in this article for violations hereof are not intended to supplant or replace, to any degree, the remedies and procedures available to the Borough in the case of a violation of any other Code or Ordinance of the Borough, whether or not such other Code or Ordinance is referenced in this article and whether or not an ongoing violation of such other Code or Ordinance is cited as the underlying ground for a finding of a violation of this article.
(d) Applicability of Article Against a Victim of Abuse, Victim of a Crime, or Individual in an Emergency. As provided by Act 200 of 2014, this article shall not be used to penalize a resident, tenant or landlord for a contact made for police or emergency assistance by or on behalf of a victim of abuse as defined in 23 Pa. C.S. § 6102, a victim of a crime pursuant to 18 PaC.S (related to crimes and offenses) or an individual in an emergency pursuant to 35 PaC.S. §8103, if the contact was made based upon the reasonable belief of the person making the contact that intervention or emergency assistance was necessary to prevent the perpetration or escalation of the abuse, crime or emergency or if the intervention or emergency assistance was actually needed in response to the abuse, crime or emergency. The term “penalize” includes the actual or threatened revocation, suspension or nonrenewal of a rental license, the actual or threatened assessment of fines or the actual or threatened eviction, or causing the actual or threatened eviction, from leased premises.
(Ord. 4063. Passed 8-17-15.)
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