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ORDINANCE NO. 20 - 2005
BOROUGH OF WEST CHESTER
CHESTER COUNTY, PENNSYLVANIA
AN ORDINANCE OF THE BOROUGH OF WEST CHESTER, CHESTER COUNTY, PENNSYLVANIA, AMENDING THE CODE OF THE BOROUGH OF WEST CHESTER, SPECIFICALLY CHAPTER 66, "HOUSING AND PROPERTY MAINTENANCE", SECTION 66-2M AND CHAPTER 10 OF THE INTERNATIONAL PROPERTY MAINTENANCE CODE, 2003 EDITION.
BE IT ENACTED AND ORDAINED, and it is hereby enacted by authority of the Council of the Borough of West Chester that the Code of the Borough of West Chester, specifically, Chapter 66, "Housing and Property Maintenance", and Chapter 10 of the International Property Maintenance Code, 2003 Edition are hereby amended as follows:
SECTION I. Section 66-2M and Chapter 10 of the International
Property Maintenance Code, 2003 Edition are amended as follows:
A. Section 1000.5 entitled Issuance of initial rental license
is renumbered as Section 1000.6.
B. Section 1000.6 entitled Reregistration of rental
residential properties; renewal; transfer of ownership is
renumbered as Section 1000.7.
C. Section 1000.7 entitled Routine inspections is renumbered
as Section 1000.8.
D. Section 1000.8 entitled Occupation of premises without
registration and license prohibited is renumbered as Section
1000.10.
E. Section 1000.9 entitled Official notices served on owner
and responsible local agent is renumbered as Section 1000.11.
F. Section 1000.10 entitled Suspension of registration; right
of appeal is hereby deleted.
G. The following new Sections are added:
1000.5 Filing Tenant and Landlord information form.
At the time that an owner files an application for a rental
license for a dwelling unit or rooming unit, the owner shall
complete, sign and file a "Tenant and Landlord Information Form".
The Tenant and Landlord Information Form shall be prepared by or
at the direction of the code official and shall require the owner
to provide the names and the addresses of the owner, the
responsible local agent, the address of the dwelling unit and/or
rooming unit, the names and unit addresses of the tenants and/or
occupants, the lease commencement and expiration date, a brief
summary of the Borough Ordinances relating to trash collection,
permit parking areas, snow and ice removal, grass and weed
control, maximum number of persons permitted to reside in a
rooming unit and/or dwelling unit and noise disturbances and such
additional information as the code official may require for
purposes of the implementation, administration and enforcement of
this Article. At any time there is a change of tenants and/or
occupants, the owner shall provide the Borough with an updated
Tenant and Landlord Information Form.
1000.9. Occupant's duties. The occupant of a
dwelling unit and/or a rooming unit shall comply with all
obligations imposed upon such occupant by this Article, the Code
of the Borough of West Chester and all applicable provisions of
the laws of the Commonwealth of Pennsylvania.
1000.12 Suspension of registration; right of appeal.
1. Notices Required Prior to Suspension of Rental License.
Within any one (1) year (twelve [12] month) period, written
notices shall be issued as required below. For purposes of
determining the one (1) year (twelve [12] month) period, it is
the period from the date of the most recent offense and the
twelve (12) month period immediately prior to that period.
A. Prior to suspension of a rental license, the code official
shall provide written notice of violation to the owner of any
dwelling unit or rooming unit whenever offenses totaling five (5)
or more points accumulates at a rental property, dwelling unit or
rooming unit within a one (1) year period. The notice of
violation shall list the offenses and state that, whenever ten
(10) or more points accumulate at the rental property, dwelling
unit or rooming unit, the rental permit may be suspended. The
offenses included are listed in Section 1000.19 and the
corresponding points are listed in Section 1000.13.
B. The written notice of violation shall inform the owner of
the rental property, dwelling unit or rooming unit and the
owner's responsible local agent that a written correction plan
shall be submitted to the code official within thirty (30) days
after receipt of the notice of violation. Failure to submit a
correction plan will be a factor in determining whether or not to
suspend the rental license, should that become applicable.
C. The notice of violation shall inform the owner of the
rental property, dwelling unit or rooming unit that the owner may
request an informal meeting with the code official to discuss the
violations. Owners requesting a meeting may request that the
owner's responsible local agent represent the owner and act on
the owner's behalf.
D. Whenever ten (10) or more points due to offenses
accumulates at a dwelling unit or rooming unit or the rental
property containing such dwelling units and/or rooming units, a
permit suspension notice shall be sent to the owner of such
rental property, dwelling unit and/or rooming unit advising the
owner that the dwelling unit and/or the rooming unit and/or the
property in which the dwelling unit or rooming unit is located is
designated a problem property and that the rental license is
suspended.
Section 1000.13 Empowerment and Conditions for Suspension
and Assignment of Points.
1. The code official is empowered to suspend a rental license
whenever the following conditions have occurred: ten (10) or more
points for offenses have accumulated individually or collectively
at the dwelling unit or the rooming unit or the property
containing the rooming unit within a one (1) year period and the
owner thereof has received the required notice(s).
2. Points for offenses shall be assigned as follows:
A. One (1) point shall be assigned for each offense of the
following ordinances as set forth in Section 1000.19: property
maintenance code offenses resulting in a fine, refuse, sidewalk
obstruction, grass and weeds, recycling, and dogs.
B. Two (2) points shall be assigned for each offense of the
following ordinances or statutes as set forth in Section 1000.19:
disorderly conduct, alcohol possession or consumption by a minor,
drugs, simple assault, harassment, open lewdness, indecent
exposure, fire prevention code offenses resulting in a fine,
occupancy limits and student home violations, as designated by
the Code of the Borough.
C. Three (3) points shall be assigned for each offense of the
following statutes as set forth in Section 1000.19: Furnishing of
alcohol to a minor violations, aggravated assault, rape,
statutory sexual assault, involuntary deviate sexual intercourse,
sexual assault, aggravated indecent assault, and possession with
intent to deliver controlled substances or look-alike substances.
D. Upon discovery of multiple violations at a dwelling unit
or rooming unit or the property in which the rooming unit is
located, the maximum number of points that can accumulate in a
twenty four (24) hour period is three (3).
E. When a complaint made by the owner of a dwelling unit or a
rooming unit, the owner's responsible local agent or by the
tenants and/or occupants thereof results in prosecution against
another tenant and/or occupant of the dwelling unit or rooming
unit, such violation shall not be counted in the suspension of
the rental license.
F. Points for all offenses set forth in Section 1000.13.2.A,
B and C shall accumulate against a dwelling unit or rooming unit
or the property in which the dwelling unit or rooming unit is
located (i) at the time that the owner, tenant or occupant is
adjudicated guilty or liable, and (ii) with respect to the appeal
of an Enforcement Notice issued pursuant to Section 616.1 of the
Municipalities Code, the Borough s Zoning Hearing Board rules in
favor of the Borough. The points shall also accumulate if after
being charged or a citation or zoning violation notice is issued,
the owner or occupant ignores the citation or arrest and a
warrant is issued against the owner or occupant.
Section 1000.14. Suspension Procedures.
1. The code official shall notify the owner of the suspension
of a rental license for a dwelling unit or rooming unit by
written notice sent by certified mail or delivered in person. The
notice shall advise the owner of the property address of the
dwelling unit or rooming unit, the effective dates of the
suspension, the reason for the suspension, the effect of the
suspension, penalties that can be imposed for violation of the
suspension and appeal rights and procedures.
2. The code official shall set forth the effective date of
the suspension in such manner so that suspension commences on the
first day following expiration of the lease or leases in force
provided such lease or leases are not for more than a one (1)
year period. When there is no lease in force or when the lease or
leases are for periods greater than one (1) year, suspension
shall commence upon the first day following the annual rental
license renewal date. No rental license shall be renewed for six
(6) months for the first suspension and twelve (12) months for
each subsequent suspension within a five (5) year period
beginning on the effective date of the suspension.
3. During the time a rental license is suspended, if any
additional points accumulate against the dwelling unit or rooming
unit, the rental license suspension may be extended up to an
additional twelve (12) months.
Section 1000.15. Effect of Suspension. Upon the
commencement of suspension, the dwelling unit or rooming unit
shall be secured by the owner and no person, firm, or corporation
shall operate or rent/lease to another for residential occupancy
any dwelling unit or rooming unit during such time that the
rental license for such unit is revoked.
Section 1000.16. Defense. When tenants and/or
occupants are culpable for violations resulting in assignment of
points or a suspension notice, the owner may request a stay of
proceedings by providing written evidence of the initiation of
and diligent pursuit of eviction proceedings against the culpable
tenants and/or occupants. If the tenants and/or occupants are
evicted, the owner may request termination of the points assigned
or suspension proceedings. If the points or suspension has been
stayed but the tenants and/or occupants are not evicted, the
points or suspension proceedings can be reinstated by the
Borough.
Section 1000.17. Appeal Procedure for Suspension
Initiated by the code official. Appeals of suspension
initiated by the code official shall be heard by the Building and
Housing Code Board of Appeals in accordance with the procedures
established for appeals to that Board, as referenced in the
Property Maintenance Code of Borough. The Board of Appeals is
empowered to sustain, withdraw, or modify the suspension.
Section 1000.18. Appeal to the Court of Common Pleas.
Appeals by the owner or Borough of the decision of the
Building and Housing Code Board of Appeals shall be made to the
Court of Common Pleas of Chester County.
Section 1000.19. Offenses. For purposes of this
ordinance, offenses are those as set forth in the following
ordinances or statutes:
Occupancy: Refers to regulations relating to occupancy of
rooming units, dwelling units and dwellings as contained in
Chapters 43 and 112 of the Code of the Borough of West Chester.
Refuse: Refers to regulations relating to Garbage, Rubbish
and Refuse, Chapter 62 of the Code of the Borough of West
Chester.
Property Maintenance (Interior and Exterior): Refers to
regulations relating to International Property Maintenance Code,
2003 Edition, as now and as hereafter supplemented, reissued,
amended and revised as published by the International Code
Council, Inc. as contained in Chapter 66 of the Code of the
Borough of West Chester.
Sidewalks: Refers to regulations relating to snow and ice
removal contained in the Streets and Sidewalks, Chapter 95 of the
Code of the Borough of West Chester.
Noise: Refers to regulations relating to Noise Disturbance,
Chapter 73 of the Code of the Borough of West Chester.
Vegetation: Refers to regulations relating to Brush, Grass
and Weeds, Chapter 41 of the Code of the Borough of West Chester.
Disorderly Conduct: Refers to enforcement by the Borough
Police Department of Section 5503, Crimes Code, Act of Dec. 6,
1972, P.L. 1482, No. 334.
Drugs and Possession With Intent to Deliver: Refers to
enforcement by the Borough Police Department of The Controlled
Substance, Drug, Device and Cosmetic Act, of April 14, 1972, P.L.
233, No. 64, as amended.
Alcohol: Refers to possession or consumption by a minor
pursuant to Section 6308, Crimes Code, Act of Dec. 6, 1972, P.L.
1482, No. 334, or furnishing to a minor, Section 493, Liquor
Laws, Act of April 12, 1951, P.L. No. 90.
Dogs: Refers to regulations relating to Animals, Chapter 37
of the Code of the Borough of West Chester.
Student Housing: Refers to Student Housing regulations
contained in Chapter 112 of the Code of the Borough of West
Chester.
Fire Prevention Code: Refers to regulations relating to Fire
Prevention, Chapter 57 of the Code of the Borough of West
Chester.
Simple Assault: Refers to enforcement by the Borough Police
Department of Section 2701, Crimes Code, Act 172(1).
Aggravated Assault: Refers to enforcement by the Borough
Police Department of Section 2702, Crimes Code, Act 132(3).
Harassment: Refers to enforcement by the Borough Police
Department of Section 2709, Crimes Code, Act 218(1).
Open Lewdness: Refers to enforcement by the Borough Police
Department of Section 5901, Crimes Code.
Sexual Assault: As enumerated in the Crimes Code referring to
enforcement by the Borough Police Department Sections: 3121,
Rape, Act 226 (1.1); 3122.1, Statutory Sexual Assault; 2123,
Involuntary Deviate Sexual Intercourse, Act 226 (1.1); 3124.1,
Sexual Assault; 3125, Aggravated Indecent Assault, Act 226 (1.1);
3126, Indecent Assault; 3127, Indecent Exposure.
Section 1000.20. Assignment of Points for Offenses.
The assignment of points for offenses, as set forth in
Section 1000.13 of this ordinance, shall apply towards suspension
of the rental license for any one (1) family house, duplex,
multiple-family dwelling unit, rooming unit, or fraternity, as
the case may be, in accordance with the following schedule:
1. One (1) Family House or Fraternity House: Points shall be
assigned to the property whenever an offense occurs anywhere on
the property, including sidewalks within or along the boundary of
the property, provided such offense is caused by a tenant and/or
occupant or a guest at the property. Points for offenses
committed by the property owner shall be assigned to the
property.
2. Two (2) Family (Duplex), Multiple-Family or Rooming Unit:
Points for offenses that occur within an individual dwelling unit
or rooming unit shall apply to that unit.
Points for offenses committed by a tenant and/or occupant or
guest shall apply to the tenant's dwelling unit or rooming unit.
Points for offenses committed by the owner shall be assigned to
the property in which the rental unit or dwelling unit is
located."
SECTION II. 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
hereof. It is hereby declared as the intent of Council of the
Borough of West Chester that this Ordinance would have been
adopted had such unconstitutional, illegal or invalid sentence,
clause, section or part thereof not been included herein.
SECTION III. REPEALER. All Ordinances or parts of
Ordinances conflicting with any provision of this Ordinance are
hereby repealed insofar as the same affects this Ordinance.
SECTION IV. RENUMBERING. The location and numerical
designation of these revised Sections shall be delegated to the
discretion of the General Code Publishers which may renumber or
reorder these revised Sections as is necessary.
SECTION V. EFFECTIVE DATE. This Ordinance shall
become effective upon enactment as provided by law.