Part 3
Maintenance Code for Property, Fire Safety and Building
§5-301 Adoption and Purpose.
The Central Keystone Council of Governments Maintenance Code, Property, Fire Safety and Building (CMC) as published by the Central Keystone COG, or subsequent editions as it may be amended, supplemented or changed by the Executive Committee of the Board of Directors of the CKCOG, is hereby adopted as the Maintenance Code for Property, Fire Safety and Building of the Borough of Selinsgrove, County of Union, and Commonwealth of Pennsylvania, for the purpose of regulating and governing the conditions and maintenance of all property, buildings and structures by providing the standards for supplied utilities and facilities and other physical things and conditions essential to ensure that structures are safe, sanitary, and fit for occupation and use; for the purpose of prescribing regulations governing conditions hazardous to life and property from fire and explosion; and the condemnation of buildings and structures unfit for human occupancy and use; and the demolition of such existing structures as herein provided; providing for the issuance of permits and collection of fees therefor; and each and all of the regulations, provisions, penalties, conditions and terms of said Central Keystone Council of Governments Maintenance Code, Property, Fire Safety and Building (CMC) on file in the office of the Borough of Selinsgrove, County of Snyder, are hereby referred to, adopted, and made a part hereof, as if fully set out in this Ordinance, with the additions, insertions, deletions, and changes, if any, prescribed in §5-302.
(Ord. 840, 8/5/2019, §1)
§5-302 Insertions, Revisions and Exclusions.
Central Keystone Council of Governments Maintenance Code, Property, Fire Safety and Building (CMC), as published by the Central Keystone COG, is revised as follows:
Section 103.5 Insert: The Borough of Selinsgrove, shall also adopt and maintain the fee schedule as established by the Executive Committee of the Board of Directors of the CKCOG by Municipal Resolution. A copy of this fee schedule shall be retained by the CKCOG and shall be maintained as Appendix C of the CKCOG Maintenance Code, Property, Fire Safety & Building (CMC).
Section 302.4 Insert: Maximum height EIGHT inches [8”]
Section 302.4.1 Duty of Owner to Cut Vegetation is added to read:
302.4.1 Duty of Owner to Cut Vegetation. Every owner of realty in the Borough shall cut and maintain the grass, weeds, brush, hedges or trees from the curb line or gutter to and beyond the property line in a neat and orderly fashion so that the same do not extend over the sidewalk, curb or street in such manner as to obstruct or otherwise interfere with the free use of the said sidewalk, curb or street, such interference being deemed maintenance of a nuisance.
Chapter 7, Section 708. Fire Safety Permits: [Section is Excluded from Ordinance]
Chapter 7, Section 709.Operational Permits: [Section is Excluded from Ordinance]
Chapter 8, Rental Housing Permits: [Chapter is Adopted]
Chapter 8, Section 809 Registration Requirements is added to read:
1. Registration Requirement.
A. As a prerequisite to entering into a rental agreement or permitting the occupancy of any regulated rental unit, except as provided in paragraph C., below, the owner of every such regulated rental unit shall be required to complete a Selinsgrove Borough RENTAL PROPERTY REGISTRATION FORM for each regulated rental unit.
B. Registration shall be required for all regulated rental units.
C. The following categories of rental properties shall not require registration, and shall not, therefore, be subject to the permitting provision of this Part:
(1) Owner-occupied dwelling unit; provided, that the owner does not receive compensation from any unrelated occupant that could be considered to be an effective lease.
(2) Automobile court, rooming house, tourist home, hotels and motels.
(3) Hospitals, nursing homes and assisted-living establishments that are licensed and inspected by state agencies.
(4) Bed-and-breakfast establishments.
D. Registration shall be required for each individual regulated rental unit within a multiple-unit dwelling. The foregoing notwithstanding, all other provisions of this Part shall apply to the common areas of the multiple-unit dwelling.
E. The initial Registration and annual renewal of Registration shall be on a form provided by the Borough. The owner of a regulated rental unit shall submit a Rental Property Registration form at least 15 days in advance of entering into a rental agreement or permitting the occupancy of any regulated rental unit. The Registration of such regulated rental unit will either be approved or denied for specified reasons within 15 days of the receipt of a complete application. The denial of an application will be for failure to provide the required information and/or documentation and will follow the procedures for nonrenewal, suspension or revocation of License, as described in Section 807 of the CMC.
F. The owner shall maintain a current and accurate list of the occupants in each regulated rental unit which shall include their name, permanent address and permanent telephone number. The names of the occupants of a rental unit shall be provided to the Borough Police Department or Code Official at reasonable times, upon reasonable notice and for a lawful purpose.
G. The owner shall furnish with his or her Registration a copy of a blank written lease form the owner intends to have the occupants of each licensed dwelling unit execute. If the owner uses more than one form of lease, the owner shall furnish a copy of each form. The Registration will not be approved if the lease form does not meet the requirements of this Part. The Borough shall keep copies of leases that it retains in confidence and shall not disclose their contents except as part of official Borough business. Only one blank copy of a lease form used for multiple rental units needs to be submitted, with a notation as to the addresses/units to which the submitted lease form applies.
A. General. All rental agreements for regulated dwelling units shall be in writing and shall be supplemented with the addendum attached hereto as Appendix A. No oral leases and no oral modifications thereof are permitted. All disclosures and information required to be given to occupants by the owner shall be furnished before the signing of the rental agreement. The owner shall provide occupant with copies of the rental agreement and addendum upon execution.
B. Terms and Conditions. Owner and occupant may include in a rental agreement terms and conditions not prohibited by this Part or other applicable ordinances, regulations and laws, including rent, term of the agreement and other provisions governing the rights and obligations of the parties.
C. Prohibited Provisions. Except as otherwise provided by this Part, no rental agreement may provide that the occupant or owner agrees to waive or to forego rights or remedies under this Part. A provision prohibited by this subsection included in a rental agreement is unenforceable.
D. Attachment of Part to Rental Agreement. Following the effective date of this Part, a summary hereof in a form provided to owner by the Borough, at the time of licensing, shall be attached to each rental agreement delivered by or on behalf of an owner when any such agreement is presented for signing to any occupant. If a summary has been provided when the rental agreement was first executed a summary does not have to be provided upon renewal. Where a rental agreement has been entered into prior to the effective date of this Part, the owner shall provide the occupants with a copy of the summary within 60 days after enactment of this Part.
E. Written Acknowledgment by Occupants. The owner shall secure a written acknowledgment from occupants that the occupants have received the disclosures and information required by this Part. Upon oral or written request by the Borough of Selinsgrove, the owner, within 10 days of the request, shall furnish to the Borough copies of the acknowledgment that the occupants received the disclosures and information required by this Part.
2. Annual Registration Term, Fee and Occupancy Limit.
A. Each Rental Unit Registration shall have an annual term running from July 1 through June 30, of the next year. The initial Registration approval may be issued for the remainder of a current annual term. Registration renewals will be accepted in the months of April, May and June of each year.
B. Upon submission of a Registration form and prior to issuance or renewal thereof, each applicant shall pay to the Borough an annual Registration fee, in an amount to be established, from time to time, by resolution of the Borough Council, which resolution shall have the same effect as if set forth herein in full. Such resolution may provide for more than one fee scale for different categories of premises, to be more specifically set forth in the resolution. The annual Registration fee is intended to be used to pay for the costs associated with the administration and enforcement of these regulations, for the completion of investigations and periodic inspections by the Code Official, and for other reasonably necessary activities directly related thereto. Partial year Registration fees will be prorated on a monthly basis for each whole month and portion of a month to which the Registration would apply.
C. The Registration Form shall indicate thereon that there are at most a maximum number of occupants of three unrelated persons in each regulated rental unit.
D. No Registration shall be approved if the owner has not paid any inspection fees, fines and costs arising from enforcement of this Part or any of the ordinances of the Borough of Selinsgrove relating to land use and/or code enforcement or if any other fees under this Part are due and owing the Borough.
Chapter 8, Section 810. Occupant Duties is added to read:
1. General. The occupant shall comply with all obligations imposed upon occupants by this Part, all applicable codes and ordinances of the Borough, and all applicable provisions of State law.
2. Health and Safety Regulations.
a. The maximum number of persons permitted in any regulated rental unit at any time shall not exceed one person for each 40 square feet of habitable floor space in said regulated rental unit. The maximum number of persons permitted in the common areas of any multiple-unit dwelling at any time shall not exceed one person for each 15 square feet of common area on the premises.
b. The occupant shall dispose from his or her regulated rental unit all rubbish, garbage and other waste in a clean and safe manner and separate and place for collection all recyclable materials, in compliance with the Borough’s Recycling Ordinance [Chapter 20, Part 2] and all other applicable ordinances, laws and regulations.
3. Peaceful Enjoyment. The occupant shall conduct himself or herself and require other persons including, but not limited to, guests on the premises and within his or her regulated rental unit with his or her consent, to conduct themselves in a manner that will not disturb the peaceful enjoyment of the premises by others, and that will not disturb the peaceful enjoyment of adjacent or nearby dwellings by the persons occupying same.
4. Residential Use. The occupant shall, unless otherwise permitted by applicable law or ordinance, occupy or use his or her regulated rental unit for no other purpose than as a residence.
5. Illegal Activities. The occupant shall not engage in, nor tolerate nor permit others on the premises to engage in, any conduct declared illegal under the Pennsylvania Crimes Code, 18 Pa.C.S.A. §101 et seq., or Liquor Code, 47 P.S. §1-101 et seq., or the Controlled Substance, Drug, Device and Cosmetic Act, 35 P.S. §780-101 et seq.
6. Compliance with Rental Agreement. The occupant shall comply with all lawful provisions of the rental agreement entered into between owner and occupant. Failure to comply may result in the eviction of the occupant by the owner.
7. Damage to Premises. The occupant shall not intentionally cause, nor permit nor tolerate others to cause, damage to the premises. Conduct which results in damages in excess of $500 shall be considered a violation of this Part.
8. Inspection of Premises. The occupant shall permit inspections by the Code Official of the premises at reasonable times, upon reasonable notice.
Chapter 9, Fire Code: [Chapter is Excluded from Ordinance]
(Ord. 840, 8/5/2019, §1)
§5-303 Penalties.
Any person violating any provision of this code, or failing to comply forthwith, shall be prosecuted for the same in the same manner as provided for the enforcement of a summary offense under the Pennsylvania Rules of Criminal Procedure, and upon conviction thereof shall be sentenced to pay a fine of not less than $100, nor more than $1,000, and/or a term of imprisonment not to exceed 30 days. Each day that a violation continues after due notice has been served shall be deemed a separate offense. Such penalties for violation of any notice to cease violation or notice and order to correct shall begin to accrue on the first day such notice is served and shall cease on the day the violation is stopped or abated.
(Ord. 840, 8/5/2019, §2)