ORDINANCE 2006-13 ESTABLISHING…

                                 ORDINANCE 2006-13

      ESTABLISHING A REGISTRATION PROGRAM FOR RESIDENTIAL RENTAL
         PROPERTIES; REQUIRING ALL OWNERS OF RESIDENTIAL RENTAL
     PROPERTIES TO DESIGNATE AN AGENT FOR SERVICE OF PROCESS; AND
     PRESCRIBING DUTIES OF OWNERS, AGENTS AND OCCUPANTS; DIRECTING
       THE DESIGNATION OF AGENTS; ESTABLISHING FEES FOR THE COSTS
        ASSOCIATED WITH THE REGISTRATION OF RENTAL PROPERTY; AND
                  PRESCRIBING PENALTIES FOR VIOLATIONS


     BE IT ORDAINED BY THE GOVERNING BODY OF THE CITY OF HAZLETON and
it is hereby ordained and with the authority of the same as follows:

       SECTION 1. DEFINITIONS AND INTERPRETATION. The following words,
when used in this ordinance, shall have the meanings ascribed to them in this section,
except in those instances where the context clearly indicates otherwise. When not
inconsistent with the context, words used in the present tense include the future; words
in the plural number include the singular number; words in the singular shall include the
plural, and words in the masculine shall include the feminine and the neuter.

a.     AGENT - Individual of legal majority who has been designated by the Owner as
the agent of the Owner or manager of the Property under the provisions of this
ordinance.

b.      CITY    - City of Hazleton

c.       CITY CODE ­ the building code (property Maintenance Code 1996 as amended
or superceded) officially adopted by the governing body of the City, or other such codes
officially designated by the governing body of the City for the regulation of construction,
alteration, addition, repair, removal, demolition, location, occupancy and maintenance of
buildings and structures.

d.     ZONING ORDINANCE ­ Zoning ordinance as officially adopted by the City of
Hazleton, File of Council # 95-26 (as amended).

e.      OFFICE ­ The Office of Code Enforcement for the City of Hazleton.

f.     DWELLING UNIT ­ a single habitable unit, providing living facilities for one or
more persons, including permanent space for living, sleeping, eating, cooking and
bathing and sanitation, whether furnished or unfurnished. There may be more than one
Dwelling Unit on a Premises.

g.     DORMITORY - a residence hall offered as student or faculty housing to
accommodate a college or university, providing living or sleeping rooms for individuals or
groups of individuals, with or without cooking facilities and with or without private baths


h.      INSPECTOR - any person authorized by Law or Ordinance to inspect buildings
or systems, e.g. zoning, housing, plumbing, electrical systems, heat systems,
mechanical systems and health necessary to operate or use buildings within the City of
Hazleton. An Inspector would include those identified in Section 8 ­ Enforcement.


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i.   FIRE DEPARTMENT ­ the Fire Department of the City of Hazleton or any
member thereof, and includes the Chief of Fire or his designee.

j.     HOTEL ­ a building or part of a building in which living and sleeping
accommodations are used primarily for transient occupancy, may be rented on a daily
basis, and desk service is provided, in addition to one or more of the following services:
maid, telephone, bellhop service, or the furnishing or laundering of linens.

k.     LET FOR OCCUPANCY ­ to permit, provide or offer, for consideration,
possession or occupancy of a building, dwelling unit, rooming unit, premise or structure
by a person who is not the legal owner of record thereof, pursuant to a written or
unwritten lease, agreement or license, or pursuant to a recorded or unrecorded
agreement or contract for the sale of land.

l.     MOTEL ­ a building or group of buildings which contain living and sleeping
accommodations used primarily for transient occupancy, may be rented on a daily
basis, and desk service is provided, and has individual entrances from outside the
building to serve each such living or sleeping unit.

m.    OCCUPANT ­ a person age 18 or older who resides at a Premises.

n.      OPERATOR ­ any person who has charge, care or control of a Premises which
is offered or let for occupancy.

o.     OWNER ­ any Person, Agent, or Operator having a legal or equitable interest in
the property; or recorded in the official records of the state, county, or municipality as
holding title to the property; or otherwise having control of the property, including the
guardian of the estate of any such person, and the executor or administrator of the
estate of such person if ordered to take possession of real property by a Court of
competent jurisdiction.

p.     OWNER ­ OCCUPANT- an owner who resides in a Dwelling Unit on a regular
permanent basis, or who otherwise occupies a non-residential portion of the Premises
on a regular permanent basis.

q.    PERSON ­ any person, partnership, firm, association, corporation, or municipal
authority or any other group acting as a single unit.

r.     POLICE DEPARTMENT ­ the Police Department of the City of Hazleton or any
member thereof sworn to enforce laws and ordinances in the City, and includes the
Chief of Police or his designee.

s.     PREMISES ­ any parcel of real property in the City, including the land and all
buildings and structures in which one or more Rental Units are located.

t.   RENTAL UNIT ­ means a Dwelling Unit or Rooming Unit which is Let for
Occupancy and is occupied by one or more Tenants.

u.    ROOMING UNIT ­ any room or groups of rooms forming a single habitable unit
occupied or intended to be occupied for sleeping or living, but not for cooking purposes.

v.     TENANT ­ any Person authorized by the Owner or Agent who occupies a Rental
Unit within a Premises regardless of whether such Person has executed a lease for said
Premises.

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SECTION 2.     APPOINTMENT OF AN AGENT AND/OR MANAGER

Each Owner who is not an Owner-occupant, or who does not reside in the City of
Hazleton or within a ten (10) mile air radius of the City limits, shall appoint an Agent who
shall reside in the City or within a ten (10) mile air radius of the City limits.


SECTION 3.      DUTIES OF THE OWNER AND/OR AGENT

a. The Owner has the duty to maintain the Premises in good repair, clean and
   sanitary condition, and to maintain the Premises in compliance with the current
   Codes, Building Codes and Zoning Ordinance of the City of Hazleton. The Owner
   may delegate implementation of these responsibilities to an Agent.

b. The duties of the Owner and/or Agent shall be to receive notices and
   correspondence, including service of process, from the City of Hazleton; to arrange
   for the inspection of the Rental Units; do or arrange for the performance of
   maintenance, cleaning, repair, pest control, snow and ice removal, and ensure
   continued compliance of the Premises with the current Codes, Building Codes and
   Zoning Ordinance in effect in the City of Hazleton, as well as arrange for garbage
   removal.

c. The name, address and telephone number of the Owner and Agent, if applicable,
   shall be reported to the Code Enforcement Office in writing upon registering the
   Rental Units.

d. No Dwelling Unit shall be occupied, knowingly by the Owner or Agent, by a number
   of persons that is in excess of the requirements outlined in 2003 International
   Property Maintenance Code, Chapter 4, Light, Ventilation, and Occupancy Limits,
   Section PM-404.5, Overcrowding, or any update thereof, a copy of which is
   appended hereto and made a part hereof.


SECTION 4.      NOTICES

a.      Whenever an Inspector or Code Enforcement Officer determines that any Rental
Unit or Premises fails to meet the requirements set forth in the applicable Codes, the
Inspector or Code Enforcement Officer shall issue a correction notice setting forth the
violations and ordering the Occupant, Owner or Agent, as appropriate, to correct such
violations. The notice shall:
        1) Be in writing;
        2) Describe the location and nature of the violation;
        3) Establish a reasonable time for the correction of the violation.

b.      All notices shall be served upon the Occupant, Owner or Agent, as applicable,
personally or by certified mail, return receipt requested. A copy of any notices served
solely on an Occupant shall also be provided to the Owner or Agent. In the event
service is first attempted by mail and the notice is returned by the postal authorities
marked "unclaimed" or "refused", then the Code Enforcement Office or Police
Department shall attempt delivery by personal service on the Occupant, Owner or
Agent, as applicable. The Code Enforcement Office shall also post the notice at a
conspicuous place on the Premises. If personal service directed to the Owner or Agent
cannot be accomplished after a reasonable attempt to do so, then the notice may be

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sent to the Owner or Agent, as applicable, at the address stated on the most current
registration application for the Premises in question, by regular first class mail, postage
prepaid. If such notice is not returned by the postal authorities within five (5) days of its
deposit in the U.S. Mail, then it shall be deemed to have been delivered to and received
by the addressee on the fifth day following its deposit in the United States Mail.

c.      For purposes of this Ordinance, any notice hereunder that is given to the Agent
shall be deemed as notice given to the Owner.

d.     There shall be a rebuttable presumption that any notice that is given to the
Occupant, Owner or Agent under this ordinance shall have been received by such
Occupant, Owner or Agent if the notice was served in the manner provided by this
ordinance.

e.      Subject to paragraph 4.d above, a claimed lack of knowledge by the Owner or
Agent, if applicable, of any violation hereunder cited shall be no defense to closure of
rental units pursuant to Section 9, as long as all notices prerequisite to such proceedings
have been given and deemed received in accordance with the provisions of this
ordinance.

f.      All notices shall contain a reasonable time to correct, or take steps to correct,
violations of the above. The Occupant, Owner or Agent to whom the notice was
addressed may request additional time to correct violations. Requests for additional
time must be in writing and either deposited in the U.S. Mail (post-marked) or hand-
delivered to the Code Enforcement Office within five (5) days of receipt of the notice by
the Occupant, Owner or Agent. The City retains the right to deny or modify time
extension requests. If the Occupant, Owner or Agent is attempting in good faith to
correct violations but is unable to do so within the time specified in the notice, the
Occupant, Owner or Agent shall have the right to request such additional time as may be
needed to complete the correction work, which request shall not be unreasonably
withheld.

g.       Failure to correct violations within the time period stated in the notice of violation
shall result in such actions or penalties as are set forth in Section 10 of this ordinance. If
the notice of violation relates to actions or omissions of the Occupant, and the Occupant
fails to make the necessary correction, the Owner or Agent may be required to remedy
the condition. No adverse action shall be taken against an Owner or Agent for failure to
remedy a condition so long as the Owner or Agent is acting with due diligence and
taking bona fide steps to correct the violation, including but not limited to pursuing
remedies under a lease agreement with an Occupant or Tenant. The City shall not be
precluded from pursuing an enforcement action against any Occupant or Tenant who is
deemed to be in violation.


SECTION 5. INSURANCE

In order to protect the health, safety and welfare of the residents of the City, it is hereby
declared that the city shall require hazard and general liability insurance for all property
owners letting property for occupancy in the City.

a.      Minimum coverage; use of insurance proceeds. All Owners shall be required to
obtain a minimum of fifty thousand ($50,000.00) dollars in general liability insurance, and
hazard and casualty insurance in an amount sufficient to either restore or remove the
building in the event of a fire or other casualty. Further, in the event of any fire or loss

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covered by such insurance, it shall be the obligation of the Owner to use such insurance
proceeds to cause the restoration or demolition or other repair of the property in
adherence to the City Code and all applicable ordinances.

b.      Property owners to provide City with insurance information. Owners shall be
required to place their insurance company name, policy number and policy expiration
date on their Rental Property Registration form, or in the alternative, to provide the Code
Enforcement Office with a copy of a certificate of insurance. A registration Certificate
(see Section 6 below) shall not be issued to any Owner or Agent unless the
aforementioned information has been provided to the Code Enforcement Office. The
Code Enforcement Office shall be informed of any change in policies for a particular
rental property or cancellation of a policy for said property within thirty (30) days of said
change or cancellation.


SECTION 6.       RENTAL REGISTRATION AND LICENSE REQUIREMENTS

a.       No Person shall hereafter occupy, allow to be occupied, advertise for occupancy,
solicit occupants for, or let to another person for occupancy any Rental Unit within the
City for which an application for license has not been made and filed with the Code
Enforcement Office and for which there is not an effective license. Initial application and
renewal shall be made upon forms furnished by the Code Enforcement Office for such
purpose and shall specifically require the following minimum information:

           1) Name, mailing address, street address and phone number of the Owner,
              and if the Owner is not a natural person, the name, address and phone
              number of a designated representative of the Owner.
           2) Name, mailing address, street address and phone number of the Agent of
              the Owner, if applicable.
           3) The street address of the Premises being registered.
           4) The number and types of units within the Premises (Dwelling Units or
              Rooming Units)

The Owner or Agent shall notify the Code Enforcement Office of any changes of the
above information within thirty (30) days of such change.

b.       The initial application for registration and licensing shall be made by personally
filing an application with the Code Enforcement Office by November 1, 2006.
Thereafter, any new applicant shall file an application before the Premises is let for
occupancy, or within thirty (30) days of becoming an Owner of a currently registered
Premises. One application per property is required, as each property will receive its own
license.

c.     Upon receipt of the initial application or any renewal thereof and the payment of
applicable fees as set forth in Section 7 below, the Code Enforcement Office shall issue
a Rental Registration License to the Owner within thirty (30) days of receipt of payment.

d.     Each new license issued hereunder, and each renewal license, shall expire on
October 31 of each year. The Code Enforcement Office shall mail license renewal
applications to the Owner or designated Agent on or before September 1 of each year.
Renewal applications and fees may be returned by mail or in person to the Code
Enforcement Office. A renewal license will not be issued unless the application and
appropriate fee has been remitted.


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SECTION 7. FEES.

a.     Annual License Fee. There shall be a license fee for the initial license and an
annual renewal fee thereafter. Fees shall be assessed against and payable by the
Owner in the amount of $5.00 per Rental Unit, payable at the time of initial registration
and annual renewal, as more specifically set forth in Section 6 above.

b.        Occupancy Permit Fee. There shall be a one-time occupancy permit fee of
$10.00 for every new Occupant, which is payable by the Occupant. For purposes of
initial registration under this ordinance, this fee shall be paid for all current Occupants by
November 1, 2006. Thereafter, prior to occupying any Rental Unit, all Occupants shall
obtain an occupancy permit. It shall be the Occupant's responsibility to submit an
occupancy permit application to the Code Enforcement Office, pay the fee and obtain
the occupancy permit. If there are multiple Occupants in a single Rental Unit, each
Occupant shall obtain his or her own permit. Owner or Agent shall notify all prospective
Occupants of this requirement and shall not permit occupancy of a Rental Unit unless
the Occupant first obtains an occupancy permit. Each occupancy permit issued is valid
only for the Occupant for as long as the Occupant continues to occupy the Rental Unit
for which such permit was applied. Any relocation to a different Rental Unit requires a
new occupancy permit. All Occupants age 65 and older, with adequate proof of age,
shall be exempt from paying the permit fee, but shall be otherwise required to comply
with this section and the rest of the Ordinance.

               1. Application for occupancy permits shall be made upon forms furnished
               by the Code Enforcement Office for such purpose and shall specifically
               require the following minimum information:

                     a) Name of Occupant
                     b) Mailing address of Occupant
                     c) Street address of Rental Unit for which Occupant is applying, if
                        different from mailing address
                     d) Name of Landlord
                     e) Date of lease commencement
                     f) Proof of age if claiming exemption from the permit fee
                     g) Proper identification showing proof of legal citizenship and/or
                        residency

               2. Upon receipt of the application and the payment of applicable fees as
               set forth above, the Code Enforcement Office shall issue an Occupancy
               Permit to the Occupant immediately.


SECTION 8.      ENFORCEMENT

a.     The following persons are hereby authorized to enforce this Ordinance:

               1.      The Chief of Police
               2.      Any Police Officer
               3.      Code Enforcement Officer
               4.      The Fire Chief
               5.      Deputy Fire Chief of the City of Hazleton.
               6.      Health Officer
               7.      Director of Public Works

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b.     The designation of any person to enforce this Ordinance or authorization of an
Inspector, when in writing, and signed by a person authorized by Section 8.a to
designate or authorize an Inspector to enforce this Ordinance, shall be prima facie
evidence of such authority before the Magisterial District Judge, Court of Common
Pleas, or any other Court, administrative body of the City, or of this Commonwealth, and
the designating Director or Supervisor need not be called as a witness thereto.


SECTION 9. FAILURE TO CORRECT VIOLATIONS.

If any Person shall fail, refuse or neglect to comply with a notice of violation as set forth
in Section 4 above, the City shall have the right to file an enforcement action with the
Magisterial District Judge against any Person the City deems to be in violation. If, after
hearing, the Magisterial District Judge determines that such Person or Persons are in
violation, the Magisterial District Judge may, at the City's request, order the closure of
the Rental Unit(s), or assess fines in accordance with Section 10 below, until such
violations are corrected. Such order shall be stayed pending any appeal to the Court of
Common Pleas of Luzerne County.


SECTION 10. FAILURE TO COMPLY WITH THIS ORDINANCE; PENALTIES

a.      Except as provided in subsections 10.b and 10.c below, any Person who shall
violate any provision of the Ordinance shall, upon conviction thereof after notice and a
hearing before the Magisterial District Judge, be sentenced to pay a fine of not less than
$100.00 and not more than $300.00 plus costs, or imprisonment for a term not to exceed
ninety (90) days in default of payment. Every day that a violation of this Ordinance
continues shall constitute a separate offense, provided, however, that failure to register
or renew or pay appropriate fees in a timely manner shall not constitute a continuing
offense but shall be a single offense not subject to daily fines.

b.      Any Owner or Agent who shall allow any Occupant to occupy a Rental Unit
without first obtaining an occupancy permit is in violation of Section 7.b and shall, upon
conviction thereof after notice and a hearing before the Magisterial District Judge, be
sentenced to pay a fine of $1,000 for each Occupant that does not have an occupancy
permit and $100 per Occupant per day for each day that Owner or Agent continues to
allow each such Occupant to occupy the Rental Unit without an occupancy permit after
Owner or Agent is given notice of such violation pursuant to Section 4 above. Owner or
Agent shall not be held liable for the actions of Occupants who allow additional
occupancy in any Rental Unit without the Owner or Agent's written permission, provided
that Owner or Agent takes reasonable steps to remove or register such unauthorized
Occupant(s) within ten (10) days of learning of their unauthorized occupancy in the
Rental Unit. c. Any Occupant having an occupancy permit but who allows additional
occupancy in a Rental Unit without first obtaining the written permission of the Owner or
Agent and without requiring each such additional Occupant to obtain his or her own
occupancy permit is in violation of Section 7.b of this ordinance and shall, upon
conviction thereof after notice and a hearing before the Magisterial District Judge, be
sentenced to pay a fine of $1,000 for each additional Occupant permitted by Occupant
that does not have an occupancy permit and $100 per additional Occupant per day for
each day that Occupant continues to allow each such additional Occupant to occupy the
Rental Unit without an occupancy permit after Occupant is given written notice of such
violation by Owner or Agent or pursuant to Section 4 above.


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SECTION 11. APPLICABILITY AND EXEMPTIONS TO THE ORDINANCE

The provisions of the ordinance shall not apply to the following properties, which are
exempt from registration and license requirements:

a.     Hotels, Motels and Dormitories.

b.     Rental Units owned by Public Authorities as defined under the Pennsylvania
       Municipal Authorities Act, and Dwelling Units that are part of an elderly housing
       multi-unit building which is 75% occupied by individuals over the age of sixty-five.

c.     Multi-dwelling units that operate under Internal Revenue Service Code Section
       42 concerning entities that operate with an elderly component.

d.     Properties which consist of a double home, half of which is let for occupancy and
       half of which is Owner-occupied as the Owner's residence.


SECTION 12. CONFIDENTIALITY OF INFORMATION

All registration information collected by the City under this Ordinance shall be maintained
as confidential and shall not be disseminated or released to any individual, group or
organization for any purpose except as provided herein or required by law. Information
may be released only to authorized individuals when required during the course of an
official City, state or federal investigation or inquiry.


SECTION 13.     SAVING CLAUSE

This ordinance shall not affect violations of any other ordinance, code or regulation
existing prior to the effective date thereof and any such violations shall be governed and
shall continue to be punishable to the full extent of the law under the provisions of those
ordinances, codes or regulations in effect at the time the violation was committed.


SECTION 14.     SEVERABILITY

If any section, clause, provision or portion of this Ordinance shall be held invalid or
unconstitutional by any Court of competent jurisdiction, such decision shall not affect any
other section, clause, provision or portion of this Ordinance so long as it remains legally
enforceable without the invalid portion. The City reserves the right to amend this
Ordinance or any portion thereof from time to time as it shall deem advisable in the best
interest of the promotion of the purposes and intent of this Ordinance, and the effective
administration thereof.


SECTION 15.     EFFECTIVE DATE

This Ordinance shall become effective immediately upon approval. This Ordinance
repeals Ordinance number 2004-11 and replaces same in its entirety.



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SECTION 16. This Ordinance is enacted by the Council of the City of Hazleton under
the authority of the Act of Legislature, April 13, 1972, Act No. 62, known as the "Home
Rule Charter and Optional Plans Law", and all other laws enforceable the State of
Pennsylvania.

       ORDAINED AND ENACTED by Council this 15th day of August 2006.


First Reading                Second Reading               Third Reading
(July 13, 2006)              (August 15, 2006)            (August 15, 2006)

Presented     Graham         Presented     Graham         Presented      Graham
Seconded      Nilles         Seconded      Gabos          Seconded       Mundie
Gabos         Y              Gabos         Y              Gabos          Y
Graham        Y              Graham        Y              Graham         Y
Mundie        Y              Mundie        Y              Mundie         Y
Nilles        Y              Nilles        Y              Nilles         Y
Yannuzzi      Y              Yannuzzi      Y              Yannuzzi       Y



                      ORDINANCE PASSES AUGUST 15, 2006




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