CITY OF: UNIONTOWN FAYETTE COUNTY, PENNSYLVANIA ORDINANCE NO. 1725  AN ORDINANCE OF THE CITY OF UNIONTOWN, FAYETTE COUNTL,PEMANSYLVANA, REQUIRING LANDLORD LICENSES FOR OWNERS OF RENTAL UNITS; ESTABLISHING, OWNER RESPONSIBILITIES AND DUTIES FOR RENTAL UNITS; ENABLING THE CITY TO- MAKE REPAIRS AND MAINTENANCE ON RENTAL UNITS; PROVIDING FOR THE NON- RENEWAL, SUSPENSION, AND. REVOCATION OF LANDLORD LICENSES AND GROUNDS AND PROCEDURES THEREFOR; DESCRIBING VIOLATIONS AND PENALTIES; MAKING OWNERS JOINTLY AND SEVERALLY RESPONSIBLE; PROVIDING FOR IMMUNITY AND SEVERABILITY;. REPEALING INCONSISTENT ORDINANCES; AND PROVIDING AN WHEREAS, the Third Class City Code affords the City of Uniontown with the power to WHEREAS, the Municipalities Planning Code affords the City ofUniontown with certain WHEREAS, vàrious statutès afford thè City of Uniontown with certain powers to address WHEREAS, the. Third Class City Code, 11 Pa.C,S.A. S 12414, affords the City of WHEREAS, the Third Class City Code; 11 Pa.C.S.A. $ 12435, affords the City of Uniontown with the power "to enact, make, adopt, modify, repeal and enforce, in accordançe with this part, ordinances, resolutions; rules and regulations not inconsistent with or réstrained by the Constitution of Pennsylvania and laws of this: Commonwealth that are either oft the following: (I) Expedient or necessary for the proper management, care and control of the city: and its finances and thé maintenance of the peace, good government, safety and welfare of the city and its trade, commerce and manufactures; (2) Necessary to' the exercise of the powers and authority of local  EFFECTIVE DATE.  require liçensing and règistration and to develop a real estate régistry; and  powers relating to the regulation ofl land uses; and  blight and vacant and abandoned properties and other nuisance properties; and Uniôntown with the power "to prohibit and abate nuisances;" and  self-government in municipal affairs,"  NOW, THEREFORE, BB IT ORDAINED AND ENACTED, by the City Counçil of thé  City ofUniontown that:  Section 1. Purpose and Intent.  It is the purpose: of this Ordinance and the policy of thè City of Uniontown, in order to protect and, promote the public health, safety and welfare of its citizens, to establish rights and obligations of owners and occupants relating to the rental of certain dwelling units in the City of Uniontown and to encourage. owners and occupants to: maintain and improve the quality oft rental housing within. the community. It is also the policy of the City that. owners, managers and    occupants share responsibilities to obey the various ordinances and codes adopted to protect and promote public health, safety and welfare. As means to those ends, this Ordinançe providès for issuance and renewal of landlord licenses; sets certain obligations and requirements for rental units, and sets penalties for violations, This Ordinance shall be liberally construed and applied to  promote its purposes. and policies.  Inc considering the adoption oft this Ordinance, thé City ofUniontown makes the following 1. There is a greater incidence. of violations of various codes of the City at residential properties where owners do not reside in the City and rent such property to other persons. than at  findings:  owner-occupied. residential properties.  2.  There is a greater incidence of problems with the maintenance and upkeep of  residential properties where owners do-notreside in the City and: rent such property to other persons  than at owner-occupied rèsidential properties,  3.  There is a greater incidence of disturbances which adversely affect the peace and  quiet of the neighborhood at residential propertiès where owhers, rent to: other persons. than at  owner-occupied residential properties,  Section 2. Definitions. As used in this Ordinance, the following words, terms. and phrases, shall have the. meanings ascribed to them in this section, except where the context clearly  indicates ai different méaning:  (a) CITY-T TheCiyofUniontown, Fayette. County, Pennsylvania.  (b) CODE - Any code or ordinance adopted, enaçted, and/or in effect in and for the City ofUniontown concérning fitness for habitation or the construction, maintenance, operation,  occupancy, use or appearance ofany premises or dwelling unit.  (C) CODE OFFICIAL  The duly appointed. person(s) having charge of code  enforcement for the City ofUniontown, and any assistants or deputies thereof.  (d) DWELLING UNIT - A room or group of rooms forming a single unit and used for living and sleeping purposes, having its own cooking. facilities, and a bathroom with a toilet  and al bathtub or shower.  (e) LANDLORD - One or moré persons, jointly or severally, in whom is vested all or part ofthe legal title to arental unit or premises, or all or part ofthe beneficial ownership and a right. to present use and enjoyment of a rental unit or premises, including a mortgage holder in possession ofar rental unit or premises. For purposes oft this Ordinance, the: term "landlord" shall  also mean "owner. "    (f) MANAGER - An adult individual designated by the owner of aj rental unit under this Ordinance. The manager shall be the agent oft the owner for service of process and receiving notices or demands and to perform the obligation oft the owner under this Ordinance.  (g) LANDLORD LICENSE - The. license issued to the owner ofone or more rental units undèr this Ordinance, which is required for the lawful fental, leasing, licensing, letting and  occupancy ofrental units.  (h) OCCUPANT - An individual who resides in a rental unit, whéthér or not he or she is the owner therèof. For purposes of this Ordinance, the term. "occupant" shall also mean  "tenant,"  (i). OWNER - One or more: persons, jointly or severally, in whom is. vested all or part ofthe legal title to a rental unit or premises, or all or part oft the benéficial ownership and a right to présent use and enjoyment of a rental unit or premises, including a mortgage holder in  possession ofai rental uinit or premises.  () PERSON - A natural person, partnership, corporation, unincorporated association, limited partnership, limited liability company, trust, estâte, or any other entity. (k) PREMISES - Any parcel of real property in the City, including the land and all buildings and appurtenant structures or appurtenant elements; on which one or more rental unit is  located.  () RENTAL UNIT - A dwelling unit that an owner. rents, leases, licenses, or lets to (m) TENANT - An individual who resides in a rental unit, whether or not he or shei is  one or more occupants or tenants.  the owner thereof.  Section 3. Owner'sD Duties.  (a) Its shall be the duty of every owner to keep and maintain all rental units in compliance with all applicable codes, ordinances, and provisions ofall other applicable state laws and règulations and local ordinances, and to keep such property in good and safe condition. As provided for in this Ordinance, every owner shall be responsible for regulating the proper and  lawful use and maintenance ofevery rental unit which he, she ori it owns.  (b). Every owner of a réntal unit who is not à full-time resident of the City of Uniontown, or elsewherè in an area that is not within a twenty-five (25) mile radius oft the City of Uniontown, shall designate a manager who shall reside in an area that is within. at twenty-five (25) mile radius oft the City ofUniontown. Ifthe owner is a corporation, a manager shall be rèquired if an. officer of the corporation does not reside within the aforesaid area. The officer shall perform the same function as a manager. If the owner is a partnèrship, a manager shall be required ifa a partner does not reside within thé aforesaid area, Said partner shall perform the same function- as a manager. The manager shall be the agent of the owner for. service of process and receiving of    notices and dèmands, as well as forj performing the obligations oft the owner under this Ordinance. The identity, address and telephone number(s) ofaj person who is. désignated as) managerl hereunder shall be provided by the owner or manager to the City, and such information shall bel kept current  and updated as it changes.  (C) Upon receiving notiçe of any. code. or ordinance violation from the code offiçial, the owner or manager shall promptly take action, or cause: the necessary action tol bet taken, to abate  the offending condition and eliminate the violation. official àt reasonable times upon, reasonable notice.  (d) The owner or manager shall permit inspections of any rèntal unit by: the code (e) This Ordinance is not intended. to, nor shall its effect be, to limit any other enforcément remediès which may be available. to the City against an owner, occupant, or guest  thereof.  Section 4, City.Authorityt to Perform Maintenance and Repairs.  In case the owner of ai rental unit or related premises shall neglect, fail or refuse to comply with any notice from the City ori its code official to correct a violation relating to maintenance ànd repair oft thè premises under any code or ordinance within thej period oftime stated. in such notice, and no appeal of such notice is taken therefrom, the City may cause the violation to be corrected. There shall be imposed upon the owner. a charge oft the actual costs involved, plus ten percent (1.0%) ofs said costs for each time the City shall cause a violation to be corrected; and the owner of the. rental unit or related premises shall. be billed after same has been completed. Any such bill which remains unpaid and outstanding after the time specified therein forj payment shall be, grounds for the imposition of a municipal lien upon the rental unit or related premises as. provided by law. Such: al lien may be reduced toj judgment and enforced and collected as provided by law, together with interest at thé legal rate and court costs. The remedies provided by this paragraph are- not. exclusive and the City and its code official may invoke such other remedies available under this Ordinance or other applicable codes, ordinances or statutes, including where appropriate, condemnation proceedings or declaration of a rental unit or premises as. unfit for habitation; or suspension, revocation, or non-renewalofany. license issued hereunder or otherwise  by. the City.  Section 5. Landlord Licenses.  (a) As à prerequisite to renting, leasing, or licensing a rental unit. or permitting the occupancy ofany rental unit (except as) provided héreinbelow), the owner ofevèry such rental unit shall be required to apply for and obtain a landlord licènse. The cost for a landlord. licénse. shall be for each premises upon" which any rental unit is, located. in an amount to.l be set by ordinance or resolution of City Council. A landlord license shall not be required for (i) rental units occupied by' immediate family members of the owner; (i) hotels and motels; (in) bed and breakfasts; (iv) hospital, nursing homes, personal care homes, and assisted living facilities; and (v)s such other uses idèntified and described under the City's zoning. ordinance that are. not otherwise characterized as  residential rental, leasing, or licensing.    (b) Each landlord licensé shall havè an annual term beginning on thé date ofissuance ànd continuing for aj period ofo one year unless cancelled, terminated, surrendered, or révoked. (c). The application fort thel landlord license shail be in a form as. detérmined by the City. (a). No Iandlord licensé shall be issued if the owner of a rental unit has not paid any fines and costs arising from enforcement ofthis Ordinance or any code or ordinance ofthe City of Uniontown relating to. land use and/or code enforcement or is subject to the denial or reyocation  oflicenses or permits. under: Act 90 or any related City ordinance.  (e) The owner shall maintain à. current list ofoccupants in each: rental unit which shall include. the. occupant's name, permanent address. and permanent telephone. number. The owner  shall furnish the list to: the City upon request.  Section 6. Non-Rénewal. Suspension. or Revocation ofLandlord License. (a) The code official. may initiate disciplinary action against an; owner that may result ina a formal warning, non-rènewal, suspension or revocation of the Qwner's Iandlord liçense, for violating any provision of this Ordinance that. imposes a duty upon thè owner or is subject to the denial or revocation oflicenses orj permits under Act90, as amended, or any. related City ordinance  implementing Act90, as amended.  (b) Definitions of Options to thé Codé Official.  (1) Formal Warning - Formal written notification of at least one violation of  this Ordinance. Upon satisfactory compliance withi this Ordinance and any conditions imposed by the code official and/or the City ofUniontown, the formal. warning shall be removed when the owner applies for landlord licénse renewal at a timé set by the code official or by City of  Uniontown.  (2) Non-Renewal - The denial of the privilege to apply for a landlord license  renèwal after expiration of the annual license term. The City will permit the owner to maintain occupants in the. rental unit until the end of the licensé term but will: not accept applications for renewal of a. landlord license until a time set by the code official or by City of Uniontown such  time not to exceed one year from the renewal date.  (3) Suspénsion - The immediate loss of the privilege to rent, lease, or license  rental units for a period of time set by the code official or City ofUniontown such time not to exceèd Qne. year from the date of suspension. The owner, afler the expiration of the suspension period, may apply for a landlord licènsé renewal without the need to: show: çause why the owner's privilege to apply for a landlord license. should be réinstated. Upon suspension, the owner shall  také. immediaté steps to evict the occupants.  (4) Revocation - The immediate loss of the privilege to rent, lease, or license  rental units for a period of time set by the code official or thé City ofUniontown and the loss of    the privilége to apply for renèwal of a landlord license at the expiration ofi the revocation period such time not. to exceed one year from the daté of rèvocation. Upon revocation or the loss oft the privilege to rent, lèase, or license any rental unit, the owner shall take immediate steps to evict the  occupants.  (5) Reinstaterient A landlord license shall be reinstated iftheownerofarental  unit corrects the reason' for the revocation oft the landlord license and is compliant with City codès and ordinances ànd is not otherwise subject to the denial or revocation of licenses or permits under Act 90, as amended, or any related City ordinance. implementing Act 90, as amended.  (6) In addition to enforcing sanctions as set forth abové, the code offiçial. may  recommend and City ofUniontown may impose upon the existing or subsequent landlord licensés  reasonable conditions related to fulfilling the purposes. ofthis Ordinance.  (c) Criteria for Applying Sanctions.  (1) The code official, when recommending sanctions, and the City of  Uniontown, when applying sanctions, shall consider the following:  () The effect of the violation on the health, safety and welfare. ofthe occupants of the rèntal unit and other residents of the related  premises.  (ii) The effect oft the violation On the neighborhood.  (iii) Whether the owner has prior violations of this Ordinance or other ordinances of the City or has received notices of violations as  provided for in this Ordinance.  (iv) Whether the owner has been subject to sanctions under this (v) The effect of sanctions against the owner on the occupants. (vi) The action taken by thei ownert to remedy the violation andi toj prevent future violations, including any. written plan submitted by the owner.  Ordinance,  (d) Grounds for Imposing Sanctions.  (1) Any ofthe following may subject an' owner to sanctions as. provided for in  this Ordinance:  () Failure to abate a violation of City code. or ordinance that applies to ar rental unit within the time directed by the code official or such  other City official or representative.    (Ji) Refusal: to permit the inspeçtion ofai rental unit by the code official (iii) Failure to evict occupants after haying been directed to do so. by the code. official or the City as provided for in this Ordinance. (iv) For purposès ofthis Ordinance, there need bei no criminal conviction before a violation can be found to exist. Before aj prior violation cani be considered under this section, the owner must have reçeived notice in writing of this violation within thirty days after the code  as. required by this Ordinance.  official received notiçe ofthe violation.  (e) Procedure for Non-Renewal, Suspension or Revocation of Landlord License and  Appeal.  (I). Notification. Following a determination that grounds for non-renewal,  suspension or revocation ofal lândlord license exist, thé code official shall notify the owner ofthe action to be taken and the reason therefor. Such: notification shall be in writing. addressed to the  owner in quéstion, and shall contain the following information:  (i) The address of the premises in question and identification of the (ii) A description of the violation which has been found to exist. (in) A statement that the: owner's Iandlord liçense shall be either suspended or revoked, or will not be renewed for the next landlord license, In. the case of a suspension or revocation, thé notice shall state the date upon which such suspension or revocation will commence; and in the case., of a suspension shall also state the  particular rental unit(s) affected:  duration of said suspension.  (iv) A statement that, due to the. non-renewal, suspension or revocation (as the casé may be), the owner OF any person acting on his, her or its behalf is prohibited from renting, leasing, licensing, letting, or permitting gccupancy ofany rental unit subject to said enforcement action, from and during the period said action is in effect.  (2) Appeal. Any person aggrieved by the issuance of a notice of violation or  order may file an appeal from that notice to the board of appeals within 10 days of the: notice of the violation or order. The appeal shall set forth the factual and legal basis as to why the City's action against such real ptoperty, owner and/or mortgagee was unlawful. A public hearing shall be heard on the àppeal. within 30 days oft the filing ofthe appeal, at: which time the appellant shall present their appeal. The City employee, official; enforcement officer or designee responsible for the action giving rise to the appeal may make aj presentation to thel board of appeals. Thel board of appeals shall issue a decision on the appéal following the présentment of the appeal and prior to    thé closé of the public hèaring. Any person aggrieved by any decision of the board of appeals relevant to the provisions of this Ordinance may appeal to the Fayêtte County Court of Common  Pleas within 30 days ofthe decision.  (3) Delivery ofNotification.  () All notices shall be sent to the owner, and manager, ifapplicable, by cértified mail. In the event that the noticè is returned by the postal authorities. marked "unclaimed" or "refused", then the code official shall attempt delivery by personal service: on the owner or manager, if applicable. The code official shall also post the notice at a  çonspicuous place: on the premises.  (ii) If persônal service cannot be accomplished after a reasonable attempt to dos so, then the notice may bes sent tot the owner or manager at the addrèss stated. oni the most current landlord licènse application for an owner's premises or rental unit, by regular first class mail, postage prepaid, If such notice is not returned by the postal authorities within five days of its deposit in the U,S. mail, then it shall be deemed to have been delivered to and received by the addresseè on the fifth day following its deposit in the U.S. mail, and all time periods set forth abové,shall thereupon be calculated from  said fifth day.  Section 7, Violations and Penalties.  (a) Basis for Violation. It shall be unlawful for any person, as eithèr owner or manager ofa rental unit, to operate. without: à valid, current landlord. license issued by the City authorizing  such operation.  (b) Penalties.  (1) Any person who shall violate a provision of this Ordinance or shall fail to  comply with any of the requirements heréof, or shall be in violation of àn approved plan OT directive of the code official or City shall, upon conviction thereof before a Magisterial District  Judge oft the City of Uniontown, be liable to pay the following penalties:  () First Violation - A fine of $200.00, or thirty days imprisonment, or (ii) Second Violation - A fine of $500.00, or sixty days imprisonment, (iii) Third and each subsequent violation - A fine of$I,000.00, or ninety  both; or both;  days imptisonment, or both,    (2) Where an èviction is not otherwise required under this Ordinance, upon  conviction. ofa third offense, the ownér of any rental unit will be required to begin eviction of the  occupants of such rental. unit.  (c) Non-Exclusive Remedies, The penalty provisions of this Ordinance and the landlord licensé. non-renéwal, suspension and révocation procedures provided in this Ordinance shall bei independent, non-mutually exclusive, separate remedies, all of which shall be available to the City as may be deèmed appropriate for carrying out the purposes of this. Ordinance, The remedies and procedures. provided in this Ordinance for violation hereof àre not intended to supplant or replace, to any degree, the remedies and procedures available to the City in the case of as violation ofany othèr code or ordinance oft the City, whether or not such other code or ordinance is referenced in this. Ordinance and whether or not an: ongoing violation of such other code or ordinance is cited as the underlying ground for a finding ofa violation ofthis Ordinance.  Section 8. Notices.  (a) For purposes of this Ordinance, any notice required hereunder to be given to a (b) There shall be: a rebuttable presumption that any notice required to be given to the. owner under this Ordinance: shall have beèn received by such owher ift the notice was given to the  manager shall be déemed as notice given to the owner.  owner in the mamner provided by this Ordinance.  (c) A claimed lack of knowledge by the owner of any violation hereunder cited shall be no defense tol landlord license non-renewal, suspension or revocation' proceedings as. long as all notices prerequisite. to institution of such proçeedings have béen giveri and deemed received in  accordance with the applicable provisions ofthis Ordinânce.  Section 8. Owners Severally Responsible. If any rental unit is owned by more than one person, in any form ofco-tenancy, joint tenancy, as a partnership, or. otherwise, each person shall bej jointly and séverally resporsible fort the duties imposed under the terms ofthis Ordinance, and shal! bé severally subject to prosecution fori the violation ofthis Ordinânce.  Section 9. Immunity. Any City officer or employee or any person authorized by the City to take action pursuant to this Ordinance shall be immune from prosecution, civil or criminal, for reasonable, good faith trespass upon réal property while in the discharge of duties imposed by  this Ordinance.  Section 10.. Rules and Regulations. The City Council of the City of Uniontown is hereby authorized and empowered toj prepare, promulgate, and enforce ruiles and: regulations smade pursuant to the provision of this. Ordinance. Such rules and regulations shall: have the full force  and effect ofl law unless modified, revoked, or repealed by City Council.  Section 11. Severability. The provisions of this Ordinance are severable and if any of its sections, clauses, or sentences shall be held illegal, invalid, or unconstitutional, such provisions  shall not affect or impair any oft the remaining sections, clausès, or sentences.    Section 12. Effective Date. This Ordinance shall become effective in ten (10) days. This Ordinance is duly ORDAINED AND ENACTED by a majority of the members of the City Council of the City of Uniontown at a duly advertised public meeting held on the  5th day of November  2020.  CITY OF UNIONTOWN Jeemar W. By: William T. Gerke Mayor and President of Council  Bae  ATTEST: (SEAL) Kim Marshall A-lpshl City Clerk