property maintenance

Ordinance 248

ESTABLISHING PROPERTY MAINTENANCE STANDARDS AND

RELATED PROVISIONS DESIGNED TO COMPLEMENT AND IMPROVE

THE EFFECTIVENESS OF THE PROPERTY MAINTENANCE STANDARDS

Table of Contents

Section 100: Property Maintenance Standards

Section 200: Fire Insurance Escrow

Section 300: Ticketing

Section 400: Permit Denial, Asset Encumbrance and Extradition

Section 500: Rental Housing Registration Program

Section 600: Repealer, Severability and Effective Date

Section 100: Property Maintenance Standards

§101. Short Title.

This section shall be known and cited as the Borough of Eldred “Property Maintenance

Standards.”

§102. Preface.

Recognizing the need within the Borough to establish certain minimum health and safety

requirements for those buildings, structures, or properties which are used or associated with

human occupancy; this Section hereby establishes standards and procedures which the Borough

Council considers to be fair and effective in meeting those minimum requirements.

§103. Responsibility.

The owner of the premises shall maintain the structures, lot and yard in compliance with these

requirements, except as otherwise provided for in this section. A person shall not occupy as

owner-occupant or permit another person to occupy premises which are not in a sanitary and safe

condition and which do not comply with the requirements of this section. Occupants of a

building, dwelling unit, rooming unit or housekeeping unit are responsible for keeping in a clean,

sanitary and safe condition that part of the building, dwelling unit, rooming unit, housekeeping

unit or premises which they occupy and control.

§104. Definitions.

BUILDING – a roofed structure, enclosed by one (1) or more walls, for the shelter,

housing, storage or enclosure of persons, goods, materials, equipment or animals.

COURT – an open and unoccupied space on a lot enclosed on at least three (3) sides by

the walls of a building.

GARBAGE – putrescible animal and vegetable wastes resulting from the handling,

preparation, cooking and consumption of food.

INFESTATION – the presence of insects, rodents, vermin and/or other pests.

LOT – plot, tract, premises or parcel of land, with or without improvements thereto.

OWNER – any person or persons, jointly or severally, firm, corporation or other entity

which, either by conveyance or inheritance or otherwise, is vested with the title to a lot and/or

improvements thereto in his capacity as a legal representative, such as an administrator, trustee,

executor, etc.

REFUSE – all putrescible and nonputrescible solid wastes, including garbage, rubbish,

ashes, dead animals and commercial and industrial wastes.

UNOCCUPIED HAZARD – any building, or part thereof, or manmade structure, which

remains unoccupied for a period of more than six (6) months, with either doors, windows or

other openings broken, removed, boarded or sealed up, or any building under construction upon

which little or no construction work has been performed for a period of more than six (6) months.

YARD – any open space on the same lot with a building and, for the most part,

unobstructed from the ground up.

§105. Application.

The provisions of this section shall supplement local laws, ordinances or regulations existing in

the Borough or those of the Commonwealth of Pennsylvania. Where a provision of this Section

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 provision which is more restrictive or which

establishes the higher standard shall prevail.

§106. Buildings and Structures.

A. No owner of any building or structure shall fail to take such steps and perform such

maintenance with respect thereto, as may be required from time to time, to ensure that the

property is safe, sound, sanitary and secure and does not present a health and/or safety hazard to

surrounding properties or to the general populace.

B. No owner of any unoccupied building or structure shall fail to take such steps as

may be required to insure that the same are securely closed so as to prohibit and deter entry

thereto and to insure that no health and/or safety hazard, or threat thereof, is precipitated due to a

lack of maintenance or due to neglect.

C. Owners of any and all unoccupied buildings and/or structures which, through neglect,

have deteriorated to the point of being classified as unoccupied hazards, and therefore constitute a

severe health and/or safety hazard, upon direction of the Borough Council, or other authorized

official or body, remove, or cause the removal of, the building and/or structure.

D. All structural members shall be maintained free from deterioration, and shall be

capable of safely supporting the imposed dead and live loads.

E. All foundation walls shall be maintained plumb and free from open cracks and breaks

and shall be kept in such condition so as to prevent the entry of rodents and other pests

F. All exterior walls shall be free from holes, breaks, and loose or rotting materials;

and maintained weatherproof and properly surface coated where required to prevent deterioration.

G. . The roof and flashing shall be sound, tight and not have defects that admit rain. Roof

drainage shall be adequate to prevent dampness or deterioration in the walls or interior portion of

the structure. Roof drains, gutters and downspouts shall be maintained in good repair and free from

obstructions. Roof water shall not be discharged in a manner that creates a public nuisance.

H. All cornices, belt courses, corbels, terra cotta trim, wall facings and similar

decorative features shall be maintained in good repair with proper anchorage and in a safe

condition.

I. All overhang extensions including, but not limited to canopies, marquees, signs,

metal awnings, fire escapes, standpipes and exhaust ducts shall be maintained in good repair and

be properly anchored so as to be kept in a sound condition. When required, all exposed surfaces of

metal or wood shall be protected from the elements and against decay or rust by periodic

application of weather-coating materials, such as paint or similar surface treatment.

J. Every exterior stairway, deck, porch and balcony, and all appurtenances attached

thereto, shall be maintained structurally sound, in good repair, with proper anchorage and capable

of supporting the imposed loads.

K. All chimneys, cooling towers, smoke stacks, and similar appurtenances shall be

maintained structurally safe and sound, and in good repair. All exposed surfaces of metal or wood

shall be protected from the elements and against decay or rust by periodic application of weather

coating materials, such as paint or similar surface treatment.

L. Every handrail and guard shall be firmly fastened and capable of supporting

normally imposed loads and shall be maintained in good condition.

M. Every window, skylight, door and frame shall be kept in sound condition, good repair

and weather tight.

N. All glazing materials shall be maintained free from cracks and holes.

O. All exterior doors, door assemblies and hardware shall be maintained in good

condition. Locks at all entrances to dwelling units shall tightly secure the door.

P. Every basement hatchway shall be maintained to prevent the entrance of rodents,

rain and surface drainage water.

§107. Yards, Open Lots, Parking Areas.

A. Fences and/or minor structures shall not be constructed and maintained so as to

present a safety or health hazard to persons and/or property.

B. No person shall permit the development or accumulation of hazards, rodent harborage

and/or infestation upon yards, courts, lots.

C. With the exception of approved storm water retention areas, all lots and yards shall be

graded and maintained to prevent the erosion of soil and to prevent the accumulation of stagnant

water thereon, or within any structure located thereon.

D. No person shall permit the accumulation of heavy undergrowth and/or vegetation

which would impair the heath and/or safety of the neighborhood; nor shall they permit any trees,

plants or shrubbery, or any portion thereof, to grow on their property and which constitute a

safety hazard to pedestrian and/or vehicular traffic.

E. All premises and exterior property shall be maintained free from weeds or plant growth

in excess of eight inches. All noxious weeds shall be prohibited. Weeds shall be defined as all

grasses, annual plants and vegetation, other than trees or shrubs provided; however, this term

shall not include cultivated flowers and gardens.

§108. Infestation, Prevention and Correction.

A. All structures, lots and yards shall be kept free from rodents and other wild and feral

animal harborage and infestation. Where rodents or wild or feral animals are found, they shall be

promptly exterminated or removed by processes which will not be injurious to human health.

After extermination or removal, proper precautions shall be taken to eliminate such harborage

and prevent reinfestation.

B. Adequate sanitary facilities and methods shall be used for the collection, storage,

handling and disposal of garbage and refuse in accordance with the Borough Solid Waste

Ordinance.

C. Where there exists rodent and vermin infestation, corrective measures shall be

undertaken by the property owner and/or occupant to alleviate the existing problems (s), to

include screening, extermination and/or garbage and refuse control. Methods employed for

extermination shall conform with generally accepted practices.

§109. Miscellaneous Provisions.

No person shall permit:

A. Roof, surface and/or sanitary drainage to create a safety and/or health hazard to

persons and/or property by reason of inadequate and/or improper construction, or maintenance or

manner of discharge.

B. Roof gutters, drains or any other system designed and constructed to transport

stormwater, to be discharged into any sanitary sewage system and/or any part thereof.

C. Any refrigerator, freezer and/or other similar storage chest to be discarded, abandoned

or stored in any place or location which is accessible to the general public without first

completely removing any and all locking devices and/or doors; provided, that nothing herein

shall be construed so as to permit any act or practice otherwise prohibited by the Borough Solid

Waste Ordinance.

D. The maintenance or storage by an owner or lessee of a motor vehicle which is unable

to move under its own power and· which motor vehicle has rusted, broken or sharp edges;

missing tires or other components resulting in unsafe suspension of the motor vehicle; ripped

upholstery or other conditions which could permit vermin harborage; has leaking or damaged oil

pan, gas tank or other fluid container; or such other defects which the Enforcement Officer may

upon investigation determine threaten the health, safety and welfare of the citizens of the

Borough.

§110. Responsibilities of Owners.

Any occupant of a premises shall be responsible for compliance with the provisions of this Part

with respect to the maintenance of that part of the premises which he occupies and/or controls

pursuant to the terms of the contract/agreement under which he occupancies and/or controls

thereof.

A. Owner (s) of premises shall comply with the provisions of this Section, as well as

operators and occupants, regardless of any agreements between owners and operators or

occupants as to which party shall assume such responsibility.

B. In instances where an occupant is responsible, or shares responsibility with an owner,

for the existence of one (1) or more violations of this Section, said occupant shall be deemed

responsible and treated as if an owner within the true intent and meaning of this Part.

§111. Notice of Violation.

If in the opinion of the Enforcement Officer the owner and/or occupant is out of compliance

with the standards in this section, the owner and/or occupant shall receive a warning letter from

the Enforcement Officer, or other authorized representative describing the violation(s). If the

owner does not comply, the Enforcement Officer shall follow the process detailed under §303

(Ticketing). If the owner and/or occupant does not resolve the problem to the satisfaction of the

Enforcement Officer at this stage, the Enforcement Officer shall move ahead with the formal

citation process. The owner and/or occupant shall be notified by certified mail or through

personal service, of said violation or violations. The citation shall be in writing and shall

identify the premises and shall cite the specific violation or violations. The notice shall direct the

owner and/or occupant to correct the deficiency and/or deficiencies within a reasonable period of

time as specified in the said notice, and shall inform the owner and/or occupant of the fines and

penalties which may accrue upon the failure to comply. The notice shall also specify that, in lieu

of or in addition to fines and penalties, and subsequent to the period of time specified in the said

notice, the Borough may itself correct the deficiencies or contract for the correction thereof and

assess the cost thereof as a lien against the premises and/or recover the expenses so incurred in a

manner as prescribed by law. A copy of the said notice shall be posted in a conspicuous place on

the subject premises and at the Borough building.

§112. Compliance.

The owner and/or occupant shall correct any and all noted deficiencies within such period of

time as may be specified in the notice. Extension of such specified period of time may be

granted by the Borough, in its sole discretion upon good cause shown. Failure to comply with

any such notice within the time specified shall constitute a violation of this Section, with each

separate day during which a violation continues to exist constituting a separate violation.

§113. Penalties.

Any person, firm or corporation who shall violate any of the provisions of this section shall,

upon conviction, be sentenced to pay a fine not exceeding one thousand dollars ($1000.00),

together with costs of prosecution, or to undergo imprisonment for a term not to exceed thirty

(30) days, or both.

§114. Owners Severally Responsible.

If the premises are owned by more than one (1) owner, each owner shall severally be subject to

prosecution for the violation of this section.

§115. Inspection.

The Enforcement Officer may enter, or may cause, through an authorized representative of the

Borough, entry onto premises for the purpose of inspection of any and all premises, properties,

buildings and/or structures located within the Borough, upon reasonable (i.e., 24 hour) advance

notice, for the purpose of ascertaining the existence of violations. In those matters where the

nature of an alleged violation is such that an inspection of the interior of a building or structure is

necessitated, prior arrangements must be made with the owner, or his agent, to secure access

thereto.

Section 200: Fire Insurance Escrow

§201. Designated Officer.

The Borough Manager, or such official’s designee is hereby appointed as the designated officer

who is authorized to carry out all responsibilities and duties stated herein.

§202 Insurance Payments for Fire Damage.

No insurance company, association or exchange (hereinafter the “Insuring Agent”) doing

business in the Commonwealth of Pennsylvania shall pay a claim of a named insured for fire

damage to a structure located within the Municipality where the amount recoverable for the fire

loss to the structure under all policies exceeds Seven Thousand Five Hundred ($7,500.00)

Dollars, unless the Insuring Agent requests, and is furnished by the municipal treasurer within

fourteen (14) working days, written correspondence, signed by the municipal treasurer:

1. That, as of the date specified in the request from the Insuring Agent, there are no

delinquent taxes, assessments, penalties or user charges against the property and that

the municipality has not incurred costs for the removal, repair or securing of a building

or other structure on the property; or

2. A bill showing the amount of delinquent taxes, assessments, penalties and user

charges against the property as of the date specified in the request from the Insuring

Agent that have not been paid as of the date of the treasurer’s correspondence and also

indicating, the amount of the total costs, if any, documented by the treasurer that have

been incurred by a municipality for the removal, repair or securing of a building or other

structure on the property. A tax assessment, penalty or user charge becomes delinquent at

the time and on the date a lien could otherwise have been filed against the property by the

municipality under state law.

§203. Escrow Funds.

1. If the loss is less than 60% of the policy limits, the Insuring Agent shall pay the claim

of the named insured minus the amount indicated in the Municipal Treasurer’s bill for

delinquent taxes, assessment, penalties, and any costs for removal, repair, or securing

the property.

2. When the loss agreed upon by the named insured and the Insuring Agent equals or

exceeds sixty (60%) percent of the aggregate limits of liability on all fire policies

covering the building or structure, the following procedures must be followed:

a) The Insuring Agent shall transfer from the insurance proceeds to the designated

officer of the Municipality in the aggregate of $2,000.00 for each $15,000.00 of a claim

and for each fraction of that amount of a claim, this section to be applied such that if the

claim is $15,000.00 or less, the amount transferred to the Municipality shall be

$2,000.00; or

b) If at the time of a proof of loss agreed to between the named insured and the

Insuring Agent, the named insured has submitted a contractor’s signed estimate of the

costs of removing, repairing or securing the building or other structure, the Insuring

Agent shall transfer to the Municipality from the insurance proceeds the amount

specified in the estimate.

c) The transfer of proceeds shall be on pro rata basis by all companies, associations

or exchanges insuring the building or other structure.

d) After the transfer, the named insured shall submit a contractor’s signed estimate

within sixty days (60) of the costs of removing, repairing or securing the building or

other structure, and the designated officer shall return the amount of the funds

transferred to the Municipality in excess of the estimate to the named insured, if the

Municipality has not commenced to remove, repair or secure the building or other

structure.

e) Upon receipt of proceeds under this section, the Municipality shall do the

following:

1) The designated officer shall place the proceeds in a separate fund to be used

solely as security against the total costs of removing, repairing, or securing the

building or structure which are incurred by the Municipality. Such costs shall

include, all reasonable and customary engineering, legal or administrative costs

incurred by the municipality in connection with such removal, repair, or securing

of the building or any proceedings related thereto; and

2) It is the obligation of the Insuring Agent when transferring the proceeds to

provide the Municipality with the name and address of the named insured. Upon

receipt of the transferred funds and the name and address of the name insured,

certify that the proceeds have been received by the Municipality and notify the

named insured that the procedures under this subsection shall be followed; and

3) When repairs, removal or securing of the building or other structure have been

completed in accordance with all applicable regulations and orders of the

Municipality and the required proof of such completion received by the designated

officer, and if the Municipality has not incurred any costs for repairs, removal or

securing, the fund shall be returned to the named insured. If the Municipality has

incurred costs for repairs, removal or securing of the building or other structure,

the costs shall be paid from the fund and if excess funds remain, the Municipality

shall transfer the remaining funds to the named insured; and

4) To the extent that interest is earned on proceeds held by the Municipality

pursuant to this Section, and not returned to the named insured, such interest shall

belong to the Municipality. To the extent that proceeds are returned to the named

insured, interest earned on such proceeds shall be distributed to the named insured

at the time that the proceeds are returned.

f) Nothing in this section shall be construed to limit the ability of the Municipality to

recover any deficiency. Furthermore, nothing in this subsection shall be construed to

prohibit the Municipality and the named insured from entering into an agreement that

permits the transfer of funds to the named insured if some other reasonable disposition

of the damaged property has been negotiated.

§ 204. Administrative Fees.

The Borough Council may by Resolution adopt procedures and regulations to implement Act 98

of 1992 as amended and this Ordinance may by Resolution fix reasonable fees to be charged for

municipal activities or services provided pursuant to Act 98 of 1992 as amended and this

Ordinance, including but not limited to, issuance of correspondence and bills, performance of

inspections and opening separate fund accounts.

§ 205. Penalties

Any owner of property, any named insured or any Insuring Agent who violates this Ordinance

shall be subject to a penalty of up to $1,000.00 per violation.

Section 300: TICKETING FOR CODE VIOLATIONS

§301: PURPOSE

The purpose of this section is to provide for a mechanism by means of issuance of a ticket rather

than citation to permit a citizen who believes he may have been in violation to pay the ticket

rather than cause the issuance of a citation and a costly and protracted legal hearing before a

District Judge and unnecessary appeals. The resolution in this manner is beneficial from a two-

fold perspective in that it permits the Borough to maintain and enforce its laws and permits a

citizen so accused to resolve the dispute in a manner that does not unduly burden the resident by

requiring the issuance of a citation and a court hearing. It also does not deprive the citizen of the

right to dispute the ticket and receive the full benefit of procedural and substantive due process

of law.

§302: ENFORCEMENT

Any violation of the provisions of any article of the Property Maintenance Standards (Section

200) may be cause for a notice of violation, violation ticket, or citation to be issued to the

violator.

§303: PROCESS FOR ISSUING VIOLATION TICKETS

A. The Notice of Violation shall be in writing and shall identify the property address,

include a clear and concise statement of the violation(s), specify the maximum time frame to take

corrective action to bring the property into compliance with the Property Maintenance Code and

detail the fine for non-payment of the ticket within the prescribed time frame.

B. The designated officer of the Borough shall serve the Notice of Violation to the violator:

1. By handing the Notice of Violation to the violator,

2. By handing the Notice of Violation to be served to an adult member of the

household or other person in charge of the residence at the residence of the person to be

served,

3. By leaving or affixing the Notice or Violation ticket to the property where the

violation exists,

4. By handing the Notice of Violation to the violator’s agent or to the person in

charge thereof at any office of usual place of business of the violator, or

5. By mailing the notice to the violator's address of record first class mail with a

certificate of mailing.

C. If the violation is not addressed to the satisfaction of the Enforcement Officer within ten

days from the issuance of the Notice of Violation, the Enforcement Officer shall issue a

Violation Ticket to the violator consistent with the service of process described in §303

Subparagraph B above. The Violation Ticket shall be in writing and shall identify the property

address, include a clear and concise statement of the violation(s), specify the maximum time

frame to take corrective action to bring the property into compliance with the Property

Maintenance Code and detail the fine for the non-payment of the ticket within the prescribed

time frame.

C. Each day a violation continues or is permitted to continue constitutes a separate offense

for which a separate fine may be imposed.

D. The Enforcement Officer is authorized and empowered to correct or abate any violation

which in the discretion of the officer such violation constitutes a clear and present danger to the

health and safety of the community. In said circumstance the Enforcement Officer shall take all

steps necessary to correct or abate the violation within 24 hours.

E. If the Borough has taken action to correct the violation the cost thereof shall be charged

to the owner of the property consistent with the provisions of Section 100.

§304. VIOLATION TICKET DISPOSITION

A person in receipt of a Violation Ticket shall have ten (10) days within which time to pay the

amount stated on the ticket. In the event the ticket is not paid within ten (10) days such failure to

pay shall result in the issuance of a citation for the offense with the local District Justice.

§305. FINES AND PENALTIES.

A. For the first offense of the violation of this article within a 12 month period, the tickets

shall be issued in the amount of $25.

B. For the second offense of the violation of this article within a 12 month period the tickets

shall be issued in the amount of $50.

C. For the third offense of the violation of this article within a 12 month period the tickets shall

be issued in the amount of $100.

D. For the fourth offense and all subsequent offenses of the violation of this article within a

12 month period the ticket shall be issued in the amount of $300.

§306. RESTITUTION

In addition to imposing a fine and costs and or imprisonment as enumerated under the section

allegedly violated, the magisterial district court judge may order the violator upon conviction to

make restitution to any aggrieved person.

SECTION 400: PERMIT DENIAL, ASSET ENCUMBRANCE AND EXTRADITION

§401: PURPOSE

Pursuant to the Neighborhood Blight Reclamation and Revitalization Act, passed by the

Pennsylvania State Legislature and signed into law as Act 90 of 2010, the Borough Council finds

it to be the best interest of the residents of the Borough to provide for certain protections and

safeguards in order to address deteriorated properties, public nuisances and properties in serious

violation of State law and/or municipal codes

§402: DEFINITIONS.

The following words and phrases when used in this Chapter shall have the meanings given to

them in this section unless the context clearly indicates otherwise.

"BOARD" shall mean and refer to the Zoning Hearing Board or other body granted

jurisdiction to render decisions in accordance with the Municipalities Planning Code, the

State Borough Code, the Code of the Borough, or any board authorized to act in a similar

manner by law.

"BOROUGH" shall refer to the Borough of Eldred, County of McKean, Commonwealth

of Pennsylvania.

"BUILDING" shall mean and refer to a residential, commercial or industrial building or

structure and the land appurtenant to it.

"CODE" shall mean and refer to a building, housing, property maintenance, fire, health or

other public safety ordinance enacted by the Borough. .The term does not include a

subdivision and land development ordinance or a zoning ordinance enacted by a

municipality.

"COURT" shall mean and refer to the appropriate court of common pleas or magisterial

district judge court.

"MORTGAGE LENDER" shall mean and refer to a business association defined as a

"banking institution" or "mortgage lender" under 7 Pa.C.S. Ch. 61 (relating to mortgage

loan industry licensing and consumer protection) that is in possession of or holds title to

real property pursuant to, in enforcement of or to protect rights arising under a mortgage,

mortgage note, deed of trust or other transaction that created a security interest in the real

property.

"MUNICIPALITY" shall mean and refer to a city, borough, incorporated town, township

or home rule, optional plan or optional charter municipality or municipal authority in this

Commonwealth .

"MUNICIPAL PERMITS" shall mean and refer too privileges relating to real property

granted by a municipality, including, but not limited to, building permits, exceptions to

zoning ordinances and rental housing license and occupancy permits. The term includes

approvals pursuant to land use ordinances other than decisions on the substantive validity

of a zoning ordinance or map or the acceptance of a curative amendment.

"MUNICIPAL SERVICES" shall mean and refer to services provided at a cost by the

Borough or other municipal entity, including water service, sanitary sewer service,

refuse collection and parking allotments/facilities, which benefit individual properties

and also serve to benefit the overall welfare, safety and health of all residents of the

Borough.

"OWNER" shall mean and refer to a holder of the title to residential, commercial or

industrial real estate, other than a mortgage lender, who possesses and controls the real

estate. The term includes, but is not limited to, heirs, assigns, beneficiaries and lessees,

provided this ownership interest is a matter of public record.

"PUBLIC NUISANCE" shall mean and refer to property which, because of its physical

condition or use, is regarded as a public nuisance at common law or has been declared

by the appropriate official a public nuisance in accordance with a municipal code.

"SERIOUS VIOLATION" shall mean and refer to a violation of a State law or a code

that poses an imminent threat to the health and safety of a dwelling occupant, occupants

in surrounding structures or passersby.

"STATE LAW" shall mean and refer to a statute of the Commonwealth or a regulation

of an agency charged with the administration and enforcement of Commonwealth law.

"SUBSTANTIAL STEP" shall mean and refer to an affirmative action as determined

by a property code official or officer of the court on the part of a property owner or

managing agent to remedy a serious violation of a State law or municipal code,

including, but not limited to, physical improvements or repairs to the property, which

affirmative action is subject to appeal in accordance with applicable law.

"TAX DELINQUENT PROPERTY" shall mean and refer to tax delinquent real

property as defined under the act of July 7, 1947 (P.L. 1368, No. 542), known as the

Real Estate Tax Sale Law.

§403: ACTIONS.

In addition to any other remedy available at law or in equity, the Borough may institute the

following actions against the owner of any real property that is in serious violation of a code or

for failure to correct a condition which causes the property to be regarded as a public nuisance:

(A) (1) An action against the owner may be initiated for a continuing violation for

which the owner takes no substantial step to correct within six months following

receipt of an order to correct the violation, unless the order is subject to a pending

appeal before the administrative agency or court.

(2) Notwithstanding any law limiting the form of action for the recovery of penalties

by a municipality for the violation of a code, the Borough may recover an amount

equal to any penalties imposed against the owner and any costs of remediation

lawfully incurred by or on behalf of the Borough to remedy any code violation under

this section.

(B) A proceeding for specific performance, also known as action in equity

that is in serious violation of a code or is regarded as a public nuisance after a

judgment, decree or order is entered by a court of competent jurisdiction against the

owner of the property. Any and all assets of the owner that are situated in the

Commonwealth of Pennsylvania may be liened by the Borough. Nothing in this

section shall be construed to authorize, in the case of an owner that is an association

or trust, a lien on the individual assets of the general partner or trustee, except as

otherwise allowed by law, limited partner, shareholder, member or beneficiary of the

association or trust.

§404: EXTRADITION OF OUT OF STATE OWNERS.

(A) A person who lives or has a principal place of residence outside this Commonwealth,

who owns property in this Commonwealth against which code violations have been cited and

the person is charged under 18 Pa.C.S. (relating to crimes and offenses), and who has been

properly notified of the violations may be §extradited to this Commonwealth to face criminal

prosecution to the full extent allowed and in the manner authorized by 42 Pa.C.S. Ch. 91

(relating to detainers and extradition).

(B) Where, after reasonable efforts, service of process for a notice or citation for any code

violation for any real property owned by an association or trust cannot be accomplished by

handing a copy of the notice or citation to an executive officer, partner or trustee of the

association or trust or to the manager, trustee or clerk in charge of the property, the delivery of

the notice or citation may occur by registered, certified or United States Express mail,

accompanied by a delivery confirmation to the registered office of the association or citation

trust. Where the association or trust does not have a registered office, notice may occur by

registered, certified or United States Express Mail, to the mailing address used for real estate tax

collection purposes, if accompanied by the posting of a conspicuous notice to the property and

by handing a copy of the notice or citation to the person in charge of the property at that time.

§405: MUNICIPAL PERMIT DENIALS.

(A) The Borough or a Board may deny issuing an applicant a Municipal Permit if the

applicant owns real property in any municipality for which there exists on the real property:

(1) Tax and/or Municipal Services delinquencies on account of the actions of the owner; or

(2) a Serious Violation and the Owner has taken no Substantial Step to correct the Serious

Violation within six months following notification of the violation and for which fines or

other penalties or a judgment to abate or correct were imposed by a magisterial district

judge or municipal court, or a judgment at law or in equity was imposed by a court of

common pleas. However, no denial shall be permitted on the basis of a property for which

the judgment, order or decree is subject to a stay or supersedeas by an order of a court of

competent jurisdiction or automatically allowed by statute or rule of court until the stay or

supersedeas is lifted by the court or a higher court or the stay or supersedeas expires as

otherwise provided by law. Where a stay or supersedeas is in effect, the property owner

shall so advise the Borough or Board seeking to deny a municipal permit. The Borough or

Board shall not deny a Municipal

Permit to an applicant if the municipal permit is necessary to correct a violation of State

law or a code.

(B) The Municipal Permit denial shall not apply to an applicant's delinquency on taxes,

water, and sewer or refuse collection charges that are under appeal or otherwise contested

through a court or administrative process.

property taxes or municipal charges or for failure to abate a serious violation of State law or a

code on real property that the applicant owns in this Commonwealth, the Borough or Board shall

indicate the street address, municipal corporation and county in which the property is located and

the court and docket number for each parcel cited as a basis for the denial. The denial shall also

state that the applicant may request a letter of compliance from the appropriate State agency,

municipality or school district, in a form specified by such entity as provided in this section.

(D) All Municipal Permits denied in accordance with this subsection may be withheld until

an applicant obtains a letter from the appropriate State agency, municipality or school district

indicating the following:

(1) the property in question has no final and unappealable tax, water, sewer or refuse

delinquencies;

(2) the property in question is now in State law and code compliance; or

(3) the owner of the property has presented and the appropriate State agency or

municipality has accepted a plan to begin remediation of a serious violation of State law or

a code. Acceptance of the plan may be contingent on:

(a) Beginning the remediation plan within no fewer than 30 days following

acceptance of the plan or sooner, if mutually agreeable to both the property owner and the

municipality.

(b) Completing the remediation plan within no fewer than 90 days following

commencement of the plan or sooner, if mutually agreeable to both the property

owner and the municipality.

(E) In the event that the appropriate State agency, municipality or school district fails to issue

a letter indicating tax, water, sewer, refuse, State law or code compliance or noncompliance, as

the case may be, within 45 days of the request, the property in question shall be deemed to be in

compliance for the purpose of this section. The appropriate State agency, municipality or school

district shall specify the form in which the request for a compliance letter shall be made. Letters

required under this section shall be verified by the appropriate municipal officials before issuing

to the applicant a Municipal Permit.

(F) Boards, including the Borough Zoning Hearing Board, may deny approval of Municipal

Permits - which includes special exception approval and variance relief - if warranted as set forth

above to the extent that approval of such a Municipal Permit is within the jurisdiction of the

Board.

(G) In any proceeding before a Board other than the governing body of the Borough, the

Borough may appear to present evidence that the applicant is subject to a denial by the board in

accordance with this section.

(H) For purposes of this subsection, a Municipal Permit may only be denied to an applicant

other than an Owner if the applicant is acting under the direction or with the permission of an

Owner; and the Owner owns real property that is subject to denial as set forth above.

(I) A denial of a Municipal Permit shall be subject to the provisions of 2 Pa.C.S. Chapter. 5

Subch. B (relating to practice and procedure of local agencies) and 7 Subch. B (relating to

judicial review of local agency action) or the Pennsylvania Municipalities Planning Code, for

denials subject to the act.

§406: CONFLICT WITH OTHER LAW.

In the event of a conflict between the requirements of this chapter and Federal requirements

applicable to demolition, disposition or redevelopment of buildings, structures or land owned

by or held in trust for the Government of the United States and regulated pursuant to the United

States Housing Act of 1937 (50 Stat. 888, 42 U.S.C. § 1 437 et seq.) and the

regulations promulgated thereunder, the Federal requirements shall prevail.

§407:RELIEF FOR INHERITED PROPERTY.

Where property is inherited by will or intestacy, the devisee or heir shall be given the

opportunity to make payments on reasonable terms to correct code violations or to enter into a

remediation agreement under section 6131(b) (l) (iii) (relating to municipal permit denial) with a

municipality to avoid subjecting the devisee's or heir's other properties to asset attachment or

denial of permits and approvals on other properties owned by the devisee or heir.

§408: CONSTRUCTION.

Nothing in this chapter shall be construed to abridge or alter the remedies now existing at

common law or by statute, but the provisions of this chapter are in addition to such remedies.

Any and all Ordinances and/or Resolutions, or parts thereof, conflicting herewith are repealed

insofar as matters herein are affected.

SECTION 500: RENTAL HOUSING REGISTRATION PROGRAM

§ 501 Purpose; legislative authority; intent.

The Borough recognizes the need for a registration program for residential rental units which are

located within the Borough for the purpose of creating an inventory of rental units to assist with

the municipal functions including, but not limited to code enforcement, public and fire safety.

§ 502 Definitions.

As used in this article, the following terms and words shall have the following meanings, unless

the context clearly indicates that a different meaning is intended.

ENFORCEMENT OFFICER

The Borough Enforcement Officer appointed by Borough Council to enforce the Codes of the

Borough or any of his nominees, designees or agents.

LANDLORD

Any person, as hereinafter defined, who owns or controls one or more rental units and rents, or

who seeks to rent, such rental unit or rental units, either personally or through a designated agent,

to any person.

OWNER

The legal title holder or holders of a rental unit or the premises within which the rental unit is

situated.

OWNER-OCCUPIED RENTAL UNIT

A rental unit that is occupied, in whole or in part, by an individual whose name specifically

appears on the deed for the premises where the rental unit is located.

PERSON

Any natural individual, firm, partnership, association, joint-stock company, joint venture, public

or private corporation, or receiver, executor, personal representative, trust, trustee, conservator or

any representative appointed by order of a court of competent jurisdiction.

PREMISES

A lot, plot or parcel of land, including the buildings or structures thereon.

RENTAL UNIT

Any dwelling unit intended to be used as the living quarters for one or more individuals and not

occupied by the owner of the property.

RESPONSIBLE LOCAL AGENT

A natural person having his or her place of residence in McKean County, or who conducts

business in McKean County on a regular or continuing basis, who has been granted legal

authority by the owner, in accordance with the laws of the commonwealth, as the agent

responsible for operating one or more rental units in compliance with the ordinances adopted by

the Borough and for accepting all legal notices or services of process with respect to said rental

unit(s).

STRUCTURE

Anything constructed or erected which requires permanent location on the ground or attachment

to something having such location.

TENANT

Any individual who has the temporary use and occupancy of real property owned by another

person in subordination to that other person's title and with that other person's consent for

example, a person who rents or leases a rental unit from a landlord.

§ 503 Rental unit registration required.

No person shall lease, rent, occupy or otherwise allow a rental unit within the Borough to be occupied

without first registering that rental unit with the Enforcement Officer.

A. The owner of the rental unit shall register the rental unit with the Borough by fully

completing and filing a current registration form with the Borough.

B. Registration will be denied unless all of the following requirements are met:

(1) All fees, if any, charged by the Borough for the registration of the rental units are

paid in full.

(2) All Borough real estate taxes, all Borough utilities, including, but not limited to,

water, garbage and sewage, and all fines imposed pursuant to this article are paid in

full.

(3) The owner or responsible local agent of the rental unit has provided the Code

Official with the information specified in §504.

§ 504 Rental unit registration application and renewal.

No person shall lease, rent, occupy or otherwise allow a rental unit within the Borough to be

occupied without first registering the rental unit with the Borough and designating a responsible

local agent. Not later than March 1 of each year, all owners shall register each rental unit within

the Borough in accordance with the requirements of this article. Failure to register annually by

March 1 of each year, failure to reregister when required by this article or willful failure to

provide accurate information on the registration form shall constitute violations of this article.

A. Registration forms. Registration shall be made upon forms furnished by the Borough

and shall, for every structure, require all of the following information.

(1) The street address of the rental housing unit(s);

(2) The number and the type of rooms within each rental unit within a structure;

(3) Name, residence address, telephone number and, where applicable, an e-mail

address, mobile telephone number and facsimile number of all owners of the rental

unit(s);

(4) Name, residence address, telephone number and, where applicable, an e-mail

address, mobile telephone number and facsimile number of the responsible local

agent designated by the owner or owners;

(5) The maximum number of tenants permitted by the owner and/or responsible

local agent in each rental unit;

(6) The name, address, telephone number and, where applicable, an e-mail address,

mobile telephone number and facsimile number of the person authorized to collect

rent from the tenants;

(7) The name, address, telephone number and, where applicable, an e-mail address,

mobile telephone number and facsimile number of the person authorized to make

or order repairs or services for each rental unit, if the person is other than the

owner or the responsible local agent

(8) The name, address and telephone number of any lien holder(s) on each rental

unit or on the real property on which each rental unit is located at time of annual

registration;

(9) The name, listed telephone number and address of all tenants, the authorized

number of occupants, the actual number of occupants and the termination date of

the leasehold interest;

(10) The name, address and telephone number of any entity which insures the

rental unit for fire or casualty.

B. Accurate and complete information. All information provided on the registration form

shall be accurate and complete. No person shall willfully provide inaccurate information

for the registration of a rental unit or fail to provide the information required for such

registration. The registration form shall be signed by the owner(s). When the owner is not

a natural person, the owner information shall be that of the president, general manager or

other chief executive of the organization. When more than one person has an ownership

interest, the required information shall be provided for each owner.

C. Transfer of property. If a premises is transferred to a new owner, the new owner of a

registered rental unit shall reregister the rental unit at the time of transfer.

D. Change in designated responsible local agent. Owners shall notify the Code

Enforcement Officer, in writing, of any change in the designation of the responsible local

agent, including a change in name, address, e-mail address, telephone number, mobile

telephone number or facsimile number of the designated responsible local agent, within

five business days of the change.

E. Registration term and renewals. Registration of a rental unit shall be effective for one

calendar year. All registrations shall expire on December 31 of each year.

F. Registration Fees. Registration fees shall be paid on an annual basis at the time the

rental unit(s) is registered. The fee shall for thirty dollars ($30.00) per unit for up to four

units per property and twenty-five dollars ($25.00) per unit for units in excess of four units

per property.

§ 505 Violations and penalties.

A. Pursuant to Title 53 P.S. § 37403, subparagraph 60, and pursuant to Title 53 P.S. §

39131.1(c), a violation of this article shall constitute a summary offense punishable as follows:

First violation: costs of prosecution and a fine of $300, or 30 days imprisonment or both.

Second violation: costs of prosecution and a fine of $600, or 60 days imprisonment or

both.

Third and each subsequent violation: costs of prosecution and either a fine of $1,000, or

90 days imprisonment or both.

B. Each violation of this article and each day the violation is continued shall be deemed a

separate offense. A separate violation shall exist for each unregistered unit and shall be deemed

a separate offense.

C. The owner and the agent designated by the owner shall be subject to the penalties referenced

above.

Section 600: Repealer, Severability and Effective Date

§601. Repealer.

All ordinances or parts of ordinances which are inconsistent herewith are hereby repealed.

§602. 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 r sentences, clauses, sections or parts of this

ordinance. It is hereby declared as the intent of the Borough of Eldred that this ordinance would

have been adopted had such unconstitutional, illegal or invalid sentence, clause, section or part

thereof not been included herein.

§603. Effective Date.

This ordinance shall become effective five (5) days after adoption.