Information may be obtained by getting in contact with the Codes Enforcement Officer. Mr. Michael Lupacchini at 610/777-7327 ext. 14.
ORDINANCE NO. 457
AN ORDINANCE OF THE BOROUGH OF KENHORST, BERKS COUNTY, PENNSYLVANIA, ENTITLED “RENTAL HOUSING REGISTRATION.”
BE IT ENACTED by the Borough Council of the Borough of Kenhorst, Berks County, Pennsylvania, and IT IS HEREBY ENACTED AND ORDAINED by the authority of the same as follows:
Section 1. The Borough of Kenhorst Code of Ordinances is hereby supplemented by adding thereto the following new Ordinance entitled “Rental Housing Registration”:
“Part 1
Rental Housing Registration
Section 101. Background. There are approximately ________ rental dwelling units within the Borough of Kenhorst. The Borough wants to ensure that these dwelling units are safe, sanitary and fit for human occupation and use. In order to effectively and efficiently ensure that the dwelling units are safe, sanitary and fit for human occupation and use, the Borough Code Enforcement Officer must periodically inspect such dwelling units.
Section 102. Definitions.
(a) Borough. The Borough of Kenhorst, Berks County, Pennsylvania.
(b) Code Enforcement Officer. Any person specifically designated as such by the Borough Council to enforce this Ordinance, and shall include the duly authorized representatives of said Code Enforcement Officer.
(c) Dwelling. Any building or structure, except temporary housing, which is wholly or partly used or intended to be used or available for use or available to be used for living or sleeping by human occupants.
(d) Dwelling Unit. Any room or group of rooms located within a dwelling and forming a single habitable unit with facilities which are used or intended to be used or available for use or available to be used for living or sleeping.
(e) Lineal Descendant. A person who is in the direct line of descent from the ancestor who is the legal owner of the dwelling unit. The term includes husband and wife, parent and child, brother and sister, and grandparent and grandchild. It does not include a collateral line of descent such as cousins, aunts, uncles, nephews, or nieces.
(f) Multiple Dwellings. Any dwelling containing two (2) or more dwelling units.
(g) Owner. Any person who alone, jointly or severally with others shall have:
(h) Legal or equitable title to any dwelling or dwelling unit, with or without accompanying actual possession thereof; or
(i) Charge, care or control of any dwelling or dwelling units as owner or agent of owner, or as executor, administrator, trustee or guardian of the estate of the owner.
(j) Permit. A rental occupancy permit issued by the Code Enforcement Officer.
(k) Person. Any individual, firm, corporation, association, partnership or other entity.
(l) Rooming House. Any dwelling, or part thereof, containing one or more rooming units, in which space is let by the owner or operator to three (3) or more persons, who are not the husband, wife, son, daughter, mother, father, sister or other of the owner or operator.
Section 103. Adoption of Rules and Regulations. The Code Enforcement Officer shall administer and enforce the provisions of this Ordinance and may make rules and regulations necessary for its administration. Such rules and regulations shall not be in conflict with this Ordinance and shall be submitted to the Borough Council for approval. If the rules and regulations so submitted to Borough Council are approved by Borough Council, the same shall be filed in the office of the Code Enforcement Officer and in the office of the Secretary of the Borough as an addends to this Ordinance. Such rules and regulations as may be adopted shall then be deemed to be a part of this Ordinance and to have the same effect as this Ordinance.
Section 104. Inspections.
(a) The Code Enforcement Officer is authorized and directed to make inspections to determine the condition, occupancy and/or use of any dwelling or dwelling unit rented or available for let or any rooming house, and the premises thereof, located within the Borough in order to safeguard the health and safety of the occupants thereof and the general public. The Code Enforcement Officer is further authorized to enter the same for the purposes of examining and surveying all areas of any such dwelling, dwelling unit or rooming house, at reasonable times, which shall be deemed to be between the hours of 6:00 a.m. and 10:00 p.m., prevailing time. Every owner or occupant of any such dwelling, dwelling unit or rooming house shall extend the Code Enforcement Officer access to such dwelling, dwelling unit or rooming house for the purpose of making any inspection, examination or survey thereof.
(b) In the event that permission to enter any such dwelling, dwelling unit or rooming house for the purpose of inspection, examination or survey is denied, the Code Enforcement Officer may apply to the appropriate authority for a search warrant.
(c) Probable cause shall mean:
(1) That inspection of said dwelling unit is part of a routine area inspection being conducted as part of a systematic or concentrated codes enforcement program;
(2) That the affiant has knowledge of a violation of Housing or Health Codes or other Borough codes that may endanger or otherwise affect the health and safety of the citizens of the Borough; or
(3) That said entry is for the purpose of reinspecting a previous notice of violation where not prior warrant was issued.
(d) A warrant shall not be required:
(1) When entry is by permission or at the request of the occupant.
(2) Where an imminent danger to health and safety exists.
(3) Following an accident or inherent condition where immediate inspection is required to determine if an imminent danger to health or safety exists.
Section 105. Renting.
(a) Whoever, as owner or agent, rents or holds out to let any dwelling unit, rooming unit or other living unit subject to the provisions of this Ordinance for a period in excess of fourteen (14) days shall supply the Code Enforcement Officer with the following information:
(1) The street address and mailing address (if different from the street address) of any such dwelling, rooming house or boarding house.
(2) The number of dwelling units, rooming units or other living units located within said dwelling, rooming house or boarding house, which number shall in no event exceed the number of such units provided for on the housing permit issued to the owner or agent on behalf of the owner.
(3) The name of each person occupying each dwelling unit, rooming unit or other living unit.
(4) The period of time for which the rental is made.
(b) Such information shall be supplied to the Code Enforcement Officer annually and, in addition, such information pertaining to any dwelling unit, rooming unit or other living unit shall also be supplied to the Code Enforcement Officer within ten (10) days after the occupancy of such dwelling unit, rooming unit or other living unit shall change.
Section 106. Permits.
(a) Rental Occupancy Permit. No owner and/or person shall let, rent or have available to let or rent or cause to be occupied any dwelling or dwelling unit, and no owner and/or person shall operate a rooming house or let or have available for operation for leasing to another for occupancy any room in a rooming house, without first obtaining a rental occupancy permit issued by the Code Enforcement Officer.
(b) Fees.
(1) Annual permit fees shall be determined and set from time to time by resolution of the Borough Council. Such fee must be paid in full to the Borough not later than July 31st of each year. Any annual permit fee not paid to the Borough in full on or before July 31st of the year in which it is first due shall be considered overdue and will be assessed a penalty of Thirty-Five Dollars ($35.00) per year per unit.
(2) The Code Enforcement Officer may permit owners or agents who are required to obtain permits under this Ordinance to obtain such new permits for one-half (1/2) of the prescribed fee when the remaining permit period is less than six (6) months. Permits for less than the full permit period will not be issued at the beginning of a permit period.
(c) Exempt Persons. No fee shall be required of an owner who is one of the following
(1) Legal owner of a dwelling unit that is leased or rented to a lineal descendant of the legal owner.
(2) The United States Government, the Commonwealth of Pennsylvania, the County of Berks, the Borough of Kenhorst, the Governor Mifflin School District, or any agency thereof.
(3) A corporation or association organized and operated exclusively for religious, charitable or educational purposes, or for one or more such purposes, provided that no part of the net earnings or profits inure to the benefit of any private shareholder or person.
(4) The exemptions contained in subsection (c)(1) and (c)(2) above shall, nevertheless, not exempt owners or operators from compliance with this Ordinance and all other applicable Federal and State laws, Borough Ordinances and/or rules and regulations unless specifically otherwise exempted herein.
(d) Effective Date of Permit. Permits shall be issued to be effective as of the first day of July each year and shall continue in effect for one (1) calendar year. Upon expiration of any permit a new permit shall be required for the further period of one (1) year.
(e) Display of Permit. Every permit issued under this Ordinance shall be maintained upon the premises and every permit issued under this Ordinance pertaining to multiple dwelling units and rooming houses shall be posted in a conspicuous place where it may be seen at all times; and the same shall not be transferable in the event of a change in ownership of the licensed premises.
(f) Number of Units. For the purpose of determining the number of units or rooms to be included in a permit, the following definitions shall apply:
(1) Efficiency apartments and rented rooms used for purposes other than sleeping shall be considered a dwelling unit.
(2) Any apartment unit or room occupied by the owner-operator of the multiple dwelling unit or rooming house shall be excluded from the total number of units or rooms.
(3) All buildings which are owned by the same person and are under the same roof or connected by breezeways, passageways or similar connection facilities, or which are constructed upon contiguous sites and operated as one complex of units, may be combined to determine the total number of units or rooms.
Section 107. Enforcement; Service of Notices and Orders; Hearings.
(a) Whenever the Code Enforcement Officer believes, or has cause to believe, that there is a violation of the provisions of this Ordinance or any rules, regulations or codes (including but not limited to the BOCA Codes) adopted by the Borough and related hereto, the Code Enforcement Officer shall give notice of the violation to the person responsible therefore, and such notice shall:
(1) Be in writing and shall state the plain and manner of the violation.
(2) State the nature or condition of the violation.
(3) State the determination of the Code Enforcement Officer in respect to the violation.
(4) State the name of the person who the Code Enforcement Officer deems responsible therefore, together with the name of the owner of the premises involved.
(5) State the date of the notice and the number of days allowed for compliance with said notice.
(6) Be served upon the owner of the premises involved and all other persons, if any, named in the notice pursuant to Subsection (a)(4) of this section, and any notice served upon the owner and such other person or persons, if any, personally or by certified or registered mail, return receipt requested, postage prepaid, sent to the last known address of such owner and such other person or persons, if any, and by posting the same in a conspicuous place in or about the premises affected by the notice, shall be deemed to have been properly served.
(7) The notice may, in addition, contain any other pertinent data, information or statements which the Code Enforcement Officer deems appropriate.
(b) Any person affected by a notice of violation, determination or order issued by the Code Enforcement Officer or affected by any rule or regulation adopted pursuant to this Ordinance may appeal said notice, determination, order, rule or regulation to the Borough Council. Any such appeal must be filed in writing with the Code Enforcement Officer within ten (10) days after the receipt by the appellant of such notice, determination or order or within twenty (20) days after any such rule or regulation issued. At the time of filing such appeal, the appellant shall pay to the Code Enforcement Officer a deposit, the amount of which shall from time to time be established by Resolution of Borough Council, to cover the costs of such appeal. The Housing Review Board shall hold a public hearing on the appeal within thirty (30) days after the date the appeal is filed. Notice of the hearing shall be given not less than fifteen (15) days prior to the date of the hearing to the appellant, to the Code Enforcement Officer and to any other person who may request such notice. At the hearing the Housing Review Board shall review the notice, determination or order of the Code Enforcement Officer or the rule or regulations which is the subject of the appeal, take such testimony, hear such witnesses and, by a concurring vote of the majority of its members, shall reverse or affirm, wholly or partly, or modify the determination appealed from and shall make such order or decision as in its opinion should be made. Failure to secure such concurring votes shall be deemed a confirmation of the determination of the Code Enforcement Officer. Within twenty (20) days after said hearing, the Housing Review Board shall advise the appellant, in writing, of its decision, and a copy of said decision shall be filed with the Secretary of the Borough and with the Code Enforcement Officer. Decisions of the Housing Review Board may be further appealed to the Court of Common Pleas of Berks County, Pennsylvania by the appellant within twenty (20) days after receipt of the decision of the Housing Review Board, or as otherwise provided by law.
(c) Whenever the Code Enforcement Officer determines that an emergency condition exists which requires immediate action to protect public health and/or safety, the Code Enforcement Officer may issue an order declaring the existence of such emergency and requiring action to be taken to remedy such emergency. Such emergency order shall be effective immediately upon issuance. Any person to whom such order is directed shall comply therewith immediately. However, such person may file an appeal to the Housing Review Board as hereinabove provided, but such appeal shall not serve as a supersedeas to the Code Enforcement Officer’s emergency order.
(d) The Borough Council shall from time to time establish by resolution the amount of the deposit to be paid by any person filing an appeal to the Housing Review Board as hereinabove provided. Such deposit shall be made to the Secretary of the Borough and shall be made at the same time as the appeal is filed. The deposit shall be used by the Borough to pay all costs and expenses incurred by the Borough and the Housing Review Board pertaining to the appeal, which costs and expenses shall include, without limiting the foregoing, stenographic services, the fees of the Solicitor and any other professional or secretarial costs. In the event that such costs and expenses are less than the amount of the deposit, than any excess shall be returned to the appellant.
(e) Notwithstanding the requirements of Section 104(a) of this Part, if the Code Enforcement Officer determines or has reason to believe that a violation of this Ordinance or any other Borough Ordinance exists concerning the health, safety, welfare or occupancy of the premises, the Code Enforcement Officer may proceed, without giving the notice provided for in Section 104(a) of this Part, to cause a citation to be issued to the owner of the dwelling, dwelling unit or rooming house which the Code Enforcement Officer determines or has information to reasonably believe is in violation of the provisions of this Ordinance, any rule or regulation adopted pursuant to it or any other applicable Borough Ordinance.
(f) There is hereby created a Housing Review Board of the Borough consisting of three (3) members who shall be appointed by the Borough Council. The members who are first appointed shall serve for terms of one (1), two (2) and three (3) years, respectively, from the time of their appointment as shall be specified at the time of their appointment. Thereafter, the term of office shall be three (3) years. A member of the Housing Review Board shall hold office until his or her successor has been appointed. The members shall select from among themselves a Chairman and shall adopt such rules and regulations as may be necessary to enable said Board to perform its duties in an orderly fashion.
Section 108. Penalty.
(a) Any person who violates or fails to comply with the provisions of this Ordinance or any order, notice, rule or regulation made in connection herewith shall, upon conviction thereof, pay a fine of not less than One Hundred Dollars ($100.00) nor more than One Thousand Dollars ($1,000.00) and, in default of the payment thereof, shall undergo imprisonment in the Berks County Prison for a period not exceeding thirty (30) days.
(b) Every violation of this Housing Code shall constitute a separate offense, and each day such violation exists shall constitute a separate offense.
(c) Any owner who fails to renew an expired permit within ten (10) days after the expiration date of the permit shall, in addition to the penalties provided for in Section 106(a) above, be subject to a penalty of Ten Dollars ($10.00) for each and every additional ten (10) day period or part thereof during which the expired permit is not renewed. The penalties imposed by this subsection (c) shall be payable to the Secretary of the Borough.
Section 109. Severability. If any sentence, clause, section or part of this Ordinance is for any reason found to be unconstitutional, illegal or invalid, such unconstitutionality, illegality or invalidity shall not affect or impair any of the remaining provisions, sentences, clauses, sections or parts of this Ordinance. It is hereby declared as the intent of the Borough Council that this Ordinance would have been adopted had such unconstitutional, illegal or invalid sentence, clause, section or part thereof not been included herein.”
Section 2. All Ordinances or parts of Ordinances conflicting with the provisions of this Ordinance are hereby repealed insofar as they are inconsistent with this Ordinance.
Section 3. This Ordinance shall become effective upon enactment.
DULY ENACTED AND ORDAINED this 2nd day of March, 2000.
BOROUGH OF KENHORST
BY: Edward E. Clark, Jr.
President
ATTEST:
_______________________
Karen M. Cieniewicz, Secretary
Approved this 2nd day of March, 2000.
Gerald P. Nally
Mayor
