HANOVER BOROUGH COUNCIL PUBLICSAFETY COMMITTEE MEETING Monday, May 13, 2024 at 6:001 PM  Hanover Borough Council Chambers, 44 Frederick Street, Hanover, PA  1. Approval of the Minutes: April 2, 2024  2. Public Comment  3. 108 East Chestnut and Intersection of East Chestnut and Railroad Street:  a. Short Term Parking Request  4. Loading Zones/Food Trucks: Update  5. Recreational Vehicles: Loading/unloading on-street  a. Citizen request for clarification  6. Rental Registration & Inspection: Discusion/Carification  7. Public Comment 8. Adjournment    ORDINANCENO.236)  AN ORDINANCE OF THE BOROUGH OF HANOVER, YORK COUNTY, PENNSYLVANIA, COMPREHENSIVELY AMENDING, SUPPLEMENTING AND REPLACING THE RENTAL PROPERTY ORDINANCE OF THE BOROUGH OF WHEREAS, on December 19, 1984, the Borough Council of the Borough of Hanover enacted thel Rentall Property Ordinance oft the Borough of] Hanover, Ordinance No. 1796; and WHEREAS, the Borough Council wishes to comprehensively amend, supplement, and NOW THEREFORE, BE IT ENACTED, ADOPTED, AND ORDAINED by the Borough Council of the Borough of Hanover, York County, Pennsylvania, and it is hereby ENACTED, ADOPTED, AND ORDAINED by the authority of the same as follows: SECTION 1: Replace Ordinance No. 1796: as codified in ARTICLE. 1 of Chapter 278 of  HANOVER, ORDINANCE NO.1796 ENACTED THEREWITH  replace said Ordinance as set forthl below.  the Code oft thel Borough of] Hanover $278-1. Legislative findings.  Chapter 278. Residential Rental Unit Registrations and Inspections  A. Whereas the Borough has determined that dwelling units not occupied by the property owner are frequently maintained at a standard significantly less than owner-occupied dwelling units and thats suchi failure tor maintain those units can and frequently does result in dwelling units which are unsafe, unsanitary and, in many instances, not maintained to the minimum standards required by the various fire prevention, building, housing, property maintenance, electrical and plumbing codes in effect in the Borough of Hanover from time to time, the Borough of] Hanover findsi it to be desirable and in the public interest to enact the following ordinance providing for the regular and systematic registration and inspection of these properties to insure their continued B. Inc considering the adoption of this Chapter, the Borough makes the following findings: 1. There is a growing concern in the community with the appearance and 2. There is aj perception and appearance of greater incidence of problems with the maintenance and upkeep of residential properties which are not owner- Violations of the various maintenance codes are generally less severe and more quickly corrected at owner-occupied units as compared to residential  compliance with applicable Borough codes.  physical condition of many residential rental units. occupied as compared tot those that are owner-occupied.  3.  rental units.  $278-2. Short title.  This article shall now be known and may be cited as the "Borough of Hanover Residential $278-3. Standard to Resolve Inconsistent Provisions ofOther Ordinances.  Rental Unit Registration and Inspection Ordinance."  In the event any provision of this article is inconsistent with the provisions of any other Code ine effecti in thel Borough ofHanover, the ordinance provision applying the stricter standard shall  apply.  $278-4. Definitions.  As used in this article, the following words shall have the following meanings, unless the    context clearly indicates otherwise: residential rental property.  AGENT - Any person designated by the owner who has charge, care, or control ofa  APPROVED - Acceptable to the Code Official.  CODES The Fire Prevention, Building, Property Maintenance, Electrical, Zoning, Stormwater Management and Plumbing Codes, as adopted by the Borough from time to CODE OFFICIAL-7 The official whoi is charged with the administration and enforcement  time, and any rules and regulations promulgated thereunder. of this code, or any duly authorized representative. DCE - Department ofCode Enforcement.  EXTERIOR AREA - The outside facade ofa building, including but not limited to any porch, yard, lawn, landscaping, sidewalks, setbacks, curbs, and all open area contiguous to abuilding owned by the same person or persons or part oft the: same real estate parcel. MULTIFAMILY DWELLING any dwelling, including apartment dwellings or parts OCCUPANT - Any person (including an owner or operator) living and sleeping in a OPERATOR- -4 Any person having charge, care, management or control of any dwelling or aj part of it, in which dwelling units, sleeping units, or rooming units are let. See also OWNER Any person, agent, operator, firm, corporation, partnership, association, property management group, or fiduciary having legal, equitable or otheri interest in any real property; or recorded in the official records oft the state, county or municipality as holding title to the property; or otherwise having control of thej property, including the guardian of the estate ofany suchy person andt the executor ora administrator ofs such] person'sestate. When used in this article in a clause proscribing any activity or imposing aj penalty, the term, as applied to partnerships and associations, shall mean each partner, and as applied to OWNER OCCUPIED OR OCCUPIED BY OWNER A dwelling unit that is the primary, permanent residence and domicile of a natural person who is identified as the owner or one of the owners on the deed for the property. In order for a dwelling unit to be considered owner occupied, the dwelling must be considered the domicile of the record owner or at least one of the record owners under Pennsylvania law, and the owner must physically reside in the dwelling not less than six (6) months each calendar year, and the owner cannot be registered to vote at any other address, and the owner must use the dwelling at the owner's address for payment of taxes including, but not limited to, earned income  thereof, containing three (3) or more dwelling units.  dwelling unit or rooming unit.  AGENT.  corporations, the officers thereof.  taxes.  PERSON- - An individual, firm, corporation, association, or partnership.  PREMISES - A lot, plot or parcel ofl land including the buildings and structures thereon. PROPERTY MAINTENANCE CODE OFFICER "AKA CODE ENFORCEMENT QUALIFIED RESIDENTIAL RENTALI UNIT AI residential rental unit whichl hasi met thei inspection requirements of this article andi for which the annual fee has been paid. RESIDENTIAL RENTAL LICENSE - An annual license issued to the owner of a dwelling unit after having met the chapter's inspection requirements and satisfying the  OFFICER"-Refer to "Code Official".  associated: remittance.  2    RESIDENTIAL RENTAL UNIT - (1)a dwelling unit let for rent, or (2) ai rooming unit, or (3) a bed-and breakfast establishment, or (4) a short-term rental, or (5) an accessory dwelling unit, or (6)ad dwelling unit thati is not occupied by the owner, isa a residential rental unit. Each individual townhouse dwelling, each individual apartment unit, each individual unit in a multi-family building, each individual bed-and-breakfast establishment, each individual rooming unit, and each individual short-term lodging accommodation shall be considered a residential rental unit whether the owner or aj relative of the owner also resides in the structure. A residential rental unit includes dwelling units under lease-purchase agreements or long-term (greater than six months) agreements for sale. A residential rental units shall noti include a hotel/motel as defined herein or a hospital room utilized for medical services. For the purposes of this ordinance, there shall be excluded from this definition those dwelling units subject to a periodic inspection by a state or federal agency at least once every two years applying as standard substantially the same as or more thorough than SHORT-TERM: RENTAL-I Units must adhere to the Borough of] Hanover Ordinance No. 2324, relating to Short-Term Rentals, and! havea a valids short-term rental license asi issued by SUPPLIED - Installed, furnished, or provided by the owner or operator at his expense. TENANT- Aj person, corporation, partnership, or group, whether or not the legal owner of  thel Borough codes referenced in the definition of' "codes" above.  thel Borough of] Hanover.  record, occupying a building or portion thereofa as a unit. YARD - An open space on the same lot with as structure. $278-5. Procedure for Applying for Residential Rental License.  A. All owners of residential rental units shall submit an initial Residential Rental License Application to the Borough of Hanover Department of Code Enforcement, before allowing occupancy ofa a dwelling unit. A: separate residential rental license application shall be required for each residential rental property identifying each residential rental unit therein. Every residential rental license application shall be accompanied by a residential rental license application fee, as fixed in an amount determined by Borough Council set forth in thel Resolution of Fee as adopted and amended from time to time by Upon successful completion of all administrative and inspection requirements of this Chapter, the Department shalli issue ai residential rental license uponi request oft the owner or operator. Each subject rental unit shall physically display the rental license placard on the premises. Residential rental units which fail to meet the requirements of this Chapter shall not qualify for the issuance of a residential rental license unless the residential rental unit is brought into compliance with this Chapter. A reinspection fee may be assessed by the Department of Code Enforcement ands shall be remitted wherein an owner or operator seeks as second or subsequent inspection under any application for a residential rental license prior to the Department of Code Enforcement conducting such reinspection. Thei inspection andi reinspection fees shall be as assessed in an amount  Council.  B.  determined by Borough Council set forth int the Resolution ofi fees.  License Requirement.  1. A license shall be required for all regulated rental units (unless otherwise covered under a separate licensing program adopted and operated by the 2. The following categories or rental properties shall not require licenses and shall not, therefore, be subject to the permitting provision of this Part. Owner-occupied dwelling units provided that not more than two unrelated individuals, in addition to the immediate members oft the owner's family, occupy the dwelling unit at any given time.  Borough or other approved entity/agency.  a. b.  Hotels and motels.  3    C. d. e.  Hospitals andi nursing homes.  Dwellings in which al bed and breakfast use isi made. Short Term Rental units, where such units are inspected as] part oft the Short-Term Rental registration andi inspection program.  3. A license shall not be required for multiple-unit dwellings, although a license shall be required for each regulated rental unit within the structure. The foregoing notwithstanding, all other provisions of this Part 4. The application for the license shall be in a form as determined by the  shall apply to the common areas oft the structure.  Borough.  5.  Al license shall not be transferable. Any transfer of ownership in a regulated rental unit shall require that the new owner procure a new license for  continued rental.  D. Annual License Term and) Fee.  1. Each license shall have an annual term.  2.  Upon application for al license and prior to issuance or renewal thereof, each applicant shall pay an annual license fee and ani inspection: fee, ifani inspectioni is necessary, in the amount(s) to be established from time to time by resolution of the Borough Council, to either the Borough or, ift the Borough sO designates, tot the company whiche employs its duly authorized Codel Enforcement Officer(s). Such resolution may provide for more than one fee scale for different categories ofr regulated rental units, to be more specifically set forth 3. Nol license shall bei issuedi ifthe owner has not] paid any fines and costs resulting from enforcement oft this Part or any oft the ordinances of the Borough of Hanover relating to land use and/or code enforcement or ifany licensing fees  int the resolution.  under this Part are due and owing thel Borough.  $278-6. Inspection. 6s shall become effective.  Effective two years from the effective date of this Ordinance, the provisions oft this Section 278- Except as provided following in this section, its shall be unlawful to occupy or rent to others for occupancy any residential rental unit which] has not been currently inspected as provided by this article. The foregoing notwithstanding, during the initial phase-in period of the inspection program contemplated hereby, no property shall be considered out of compliance with the inspection requirements of this article until after the initial property inspection hereunder. This notwithstanding, payment oft the inspection fee shall be required if the property is to be rented for residential purposes. Except as provided in Subsection D following, the requirements for A. Each residential rental unit shall be inspected by the Property Maintenance Code Enforcement Officer or other designee of the Borough at least one time in every twenty- four-month period; and for such purpose and for any reinspection required hereunder, the owner shall provide access tol Boroughi representatives. A unit where inspection access is denied may not be a qualified residential unit until inspection access is provided. B. Where the occupancy of the rental unit changes, the owner shall provide the Borough with an updated renter information form no later than fifteen (15) days after the change in occupancy. No charge shall be assessed for the updated rental record submission. C. This inspection shall include both the exterior and interior of the premises being  periodic inspections shalll be as follows:  4    inspected.  D. Upon submission ofar new residential rental license application, or at such other times as provided fori in this Ordinance, an Officer of the Department of Code Enforcement or an approved independent inspector shall perform an inspection oft the residential rental unit tod determine that the residential rental unit meets all oft the requirements of the Code of the Borough of Hanover, including, but not limited to, the International Property Maintenance Code, the Uniform Construction Code, the International Fire Code, the Hanover Borough Zoning Ordinance, the terms and conditions of this section, and any other applicable provisions of the Code of the Borough of Hanover or the laws of the E. For the purposes of enforcing this article, the Department of Code Enforcement or a designee of the Borough may seek to obtain a search warrant issued by a competent issuing authority in accordance with applicable legal standards for the purpose of compelling an inspection ofa residential rental unit. The refusal to provide inspection access does not limit the Borough to the remedy that the unit is determined not to be a F. The foregoing notwithstanding, if the building containing the residential rental unit in question has received a certificate of occupancy for new construction under any other Borough code, the owner ofs said building shall not be required to schedule an inspection ofs such new construction pursuant to this article until the expiration of 24 months from G. Ifthe owner of a residential rental unit can present to the Department of Code Enforcement a certificate certifying that a particular residential rentalunit has been inspected by ai federal or a state authority pursuant to a maintenance standard equivalent to or more strict than the International Property Maintenance Code or any successor thereto which: from time to time is in effect in the Borough of Hanover, and pursuant to saidi inspection found tol bei in compliance, the owner ofs said building shall not bei required tos schedule ani inspection under the terms of this article until the expiration of24 months fromt the date oft thei issuance oft the state ori federal certificate of compliance. If, as aresult oft the state or federal inspection, deficiencies were determined, there shall be no waiver of the inspection requirements under this article unless the property owner can also provide tot the Department ofCode Enforcement a certificate evidencing resolution ofthe  Commonwealth.  qualified residential unit.  the date oft the issuance ofs said certificate of occupancy.  deficiency sufficient to obtain a certificate of compliance.  H. Independent inspectors.  1. Any owner shall have the right to employ ani independent inspector certified as a qualified inspector per Item H.2 below and as to any residential rental unit inspected and certified asl being in compliance bys saidi inspector, the owner ofsaid building shall not be required to schedule an inspection under the terms of this article until the expiration of 24 months from the date of the issuance of the 2. Approved independent inspectors must provide sufficient written evidence to document a thorough, current, and competent knowledge of the Borough codes, as well as other relevant codes. Thel Borough: reserves the sole right to determine thee eligibility and appropriateness of an individual for the purposes of conducting 3. In this context, the Borough shall maintain a database list of inspectors which it recognizes as being properly certified to perform inspections under the International Property Maintenance Code and any independent inspector When an inspection is performed by an independent inspector, a copy of the inspection report must be provided to the Borough Department of Code Enforcement within 48 hours of the date ofi inspection. Where violations or code deficiencies are noted in the independent inspector report, the independent inspector must provide a follow-up inspection to verify resolution of those  certificate of compliance based on said inspection.  rental uniti inspections.  employed by an owner must be from said list.  4.  5    deficiencies and must provide the Borough Department of Code Enforcement a copy of the inspection report following the follow-up inspection to verify the status of corrections. The follow-up inspection must be prompt and within a reasonable time from the date of the original inspection. No inspection shall be recognized as having been completed under this section until a certificate of 5. The Boroughi reserves the rightt to remove from the list of qualified inspectors any inspector determined by the Borough: not tol be conducting inspections in accord with the standards established by the International Property Maintenance Code or who fails to conduct the required re-inspections on properties in which deficiencieshavel been noted or whof failsto! provide copies ofalli inspectionreports For any inspection pursuant to Subsections E and F above, the Borough reserves the right to inspect any premises to verify the quality of any independent or government agency inspection. No fee will be charged for thisi inspection, but appropriate fees may Noi inspection under this article shall be made of hotels or motels principally providing  compliance isi issued.  ina accord with the provisions of thiss subsection.  .  be charged for re-inspections if violations are found.  J.  overnight lodging only. $278-7. Designation ofl Manager.  Every owner and who does not reside within York County, Pennsylvania, shall designate a manager who shall reside or who shall actively maintain an office within 401 miles oft the corporate limits of the Borough of Hanover. Ift the owner is a corporation, a manager shall be required if an officer oft the corporation does noti residei in' York County. Ifa corporate officer does residei in York County, said officer shall perform the same function as a manager. If the owner is a partnership, a manager shall be required ifaj partner does not reside in York County. Ifaj partner does reside in York County, 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 demands, as well as for performing the obligations of the owner under this] part and under rental agreements with occupants. The identity, address and telephone number(s) of a person who is designated as ai manager hereunder shall be provided by owner or manager tot the Department of Codel Enforcement and suchi information shall be kept current and updated as it changes.  $278-8. Tenant Registration  A. Lessor tol File List of Tenants Annually.  Each landlord, lessor and sublessor of a residential rental unit in the Borough of Hanover or the agent or operator for such landlord, lessor or sublessor shall file with the Borough of Hanover on or before July 15 of each year on a form prescribed and supplied by the Borough Department of Code Enforcement, a list of all tenants or lessees as of July 1 of each year. The form shall be designated as the "Tenant and Landlord Information Form." The Tenant and Landlord Information Form shall be prepared by or at the direction of the Borough Department of Code Enforcement and shall require the owner to provide the names and the addresses of the owner, the responsible local agent, the address oft the applicable units, the namesand unit addresses of the tenants and/or occupants, the lease commencement and expiration date, al brief summary of the Borough ordinances relating to trash collection, permit parking areas, snow and ice removal, grass and weed control, and noise disturbances ands such additional information as the Department of Code Enforcement may require for purposes of the implementation, administration and enforcement of  this chapter.  B. Addition ofl Names tol List.  Thes said list shall be supplemented within fifteen (15) days oft the arrival oft tenants or lessees not previously reported or oft the departure of lessees or tenants previously  reported.    $278-9. Notice of Code Violation.  Ift the inspection of a residential rental unit discloses code deficiencies, the Borough Department of Code Enforcement, or the independent inspector, shall issue a notice of A. Thes street address or appropriate description of the subject property;  violation. Ther notice ofcode violation: shall seti forth thei following:  B. The date oft the inspection; C. Thei identity of the inspector; D. Thel list oft the code deficiencies;  E. An Appeals Form (for the owner's use should they dispute the cited conditions); F. The number of days in which the owner and/or occupant is to accomplish repairs and/or otherwise eliminate the code deficiencies; and G. Notice that, if the conditions are not repaired or the premises are not otherwise brought into compliance with the applicable code within the time specified, the tenant and/or the owner may be prosecuted and/or the residential rental unit may be placarded as unfit for human occupancy in accordance with the Borough Property Maintenance Code. Only the Borough shall have authority to institute  prosecution proceedings under the terms of this article.  $278-10. Reinspection.  A. Upon the expiration of the time specified to accomplish repairs or otherwise bring the premises into code compliance, or upon notice to the Borough from the owner that the repairs have been accomplished or code deficiencies otherwise eliminated, whichever occurs first, the Department of Code Enforcement or other Borough designee, or independent inspector, as the case may be, shall reinspect the subject B. In the event such reinspection discloses that the owner accomplished the repairs, or the code deficiencies have otherwise been eliminated, the Borough Department of Code Enforcement shall note the citation to be closed. Where the reinspection has been completed by an independent inspector, the close out of the citation may only occur after thej proper. Borough official has been provided a report oft the reinspection indicating that all deficiencies have been resolved and such report is received by the 1. In the event such reinspection discloses that the owner failed to accomplish the repairs or otherwise eliminate the code deficiencies, the Department of Codel Enforcement may pursue prosecution as otherwise provided in the  residential rental unit.  Borough within two working days oft the date ofthe reinspection.  Borough Property Maintenance Code.  $278-11. Inspection Fees.  A. Borough Council, by resolution, shall establish the inspection fee annually, and invoices shall be mailed to owners of each rental unit before September 30 of each yeart that an inspection! is due. Invoices are due upon receipt and must be paid prior to December 31 of each year. The foregoing notwithstanding, in times of community emergency, the Council may, by resolution, extend the due date for payment toal later date. Int the event ofany such change, rental property owners will be notified. B. In the event violations of any of the codes referenced in this article are found during the initial inspection of the premises, fees will be assessed according to the Fee Schedule Resolution for each reinspection of the premises for matters relating to the violations found during the initial inspection. Where the violation notice issued specifies times for resolving noted] Property Maintenance Code violations, its should be anticipated that an additional inspection will be required for each time frame  7    established in the notice. The foregoing notwithstanding, if the initial program inspection of the premises discloses five or more Property Maintenance Code violations, a fee will be assessable by the Borough for the administration and enforcement undertaken pursuant to this article and the Code as shall be established  by the Boroughl by resolution from time tot time.  $278-12. Owner's! Duties.  General.  A. Its shall be the duty of every owner to keep and maintain all regulated rental units in compliance with the applicable codes and provisions of all other applicable Statel laws and regulations and local ordinances and to keep such property in good and safe B. As provided for in this part, to the maximum extent practicable, every owner shall be responsible for regulating the proper and] lawful use andi maintenance ofe every dwelling which he, she or it owns. As provided for int the part, every owner shall also be responsible for regulating the conduct and activities of the occupants of every regulated rental unit which he, she or it owns in the Borough, which conduct, or To achieve those ends, every owner ofar regulated rental unit shall regulate the conduct and activity of the occupants thereof, both contractually and though enforcement, as D. This Section shall not be construed as diminishing or relieving, in any way, the responsibility oft the occupants or their guests for their conduct or activity; nor shall it be construed as an assignment, transfer or projection over or onto any owner of any responsibility or liability which occupants or guests may have as a result of their conduct or activity under any private cause of action, civil or criminal enforcement proceeding or criminal law; nor shall this section be construed so as to require an owner to indemnify or defend occupants or their guests when any such action or proçeeding is brought against the occupant based upon the occupant's conduct or activity. Nothing herein is intended to impose any additional civil/criminal liability E. This part is not intended to, nor shall its effect be, to limit any other enforcement remedies which may be available tot the Borough against an owner, occupant, or guest  condition.  activity takes place ats such regulated rental unit ori its premises.  C.  more fully set forth below.  upon an owner other than that whichi is imposed by existing law.  thereof.  $278-13. Duties ofOccupant(s).  General.  A. The occupant(s) shall comply with all obligations imposed upon the occupant(s) byt this Part, all applicable codes and ordinances oft the Borough and allapplicable  provisions of State law. B. Health and Safety Regulations.  1. The maximum number of] persons permitted in any regulated rental unit at any time shall not exceed one person for each 50 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 areas on 2. Int tandem with obligations as set forth in the International Property Maintenance Code, the occupant(s) shall dispose from their regulated rental unit all rubbish, garbage and other wastei inac covered trash container, and separate and place for collection all recyclable materials, in compliance with the recycling plans submitted byt the owner tot thel Borough  the premises.  8    under its Solid Waste and Recycling Ordinance or, ifthere isi no recycling plan for the premises, then in compliancewith the Borough's Solid Waste and Recycling Ordinance and all other applicable ordinances, laws and 3. Peaceful Enjoyment. The occupant(s) shall conduct themselves andi require other person(s). 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 thatwill not disturb the peaceful enjoyment of adjacent or nearby dwellings by the person(s) occupying the same. Failure to dos SOI may also subject occupants, guests, and other permitted persons at the unit to citation(s) under the Hanover Borough Noise Ordinance (as Residential Use. The occupant(s) shall, unless otherwise permitted by applicable law or ordinance, occupy, or use their regulated rental unit for 5. Illegal Activities. The occupant(s) 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 (47P.S. $1-101 et seq.), ort the Controlled Substance, Drug,  regulations.  most recently revised).  4.  no other] purpose than as ai residence.  Devise and Cosmetic. Act (351 P.S.S 780-101 et seq.  $278-14. Nonliability of Borough.  Thei issuance ofa certificate of compliance is not ai representation by the Borough that the residential rental unit inspected and/or the building in which iti is located does not contain any violation ofa any of the codes referenced in the definition of"CODES" above. Rather, the issuance ofa certificate of compliance represents that on the date ofi issuance inspection, no material violation of any of said codes was noted by the inspector. Neither the enactment of this article nor the issuance ofa certificate of compliance isag guarantee to any person that no code violations existi in thej premises inspected, nor shall there be imposed any liability upon the Borough for any errors or omissions which resulted in the issuance ofs such certificate, nor shall  the Borough bear any liability not otherwise imposed by law.  $278-15. Appeals.  The owner ofar residential rental unit or at tenant ofs said unit ifat tenant] has been cited who isa aggrieved by a decision of the Code Enforcement Officer or other Borough designee may, within 30 days of the date of receipt of the Notice of Violation or the time fixed for repair, whichever is shorter, appeal the decision in accord with applicable provisions  oft thel Borough ofH Hanover Property Maintenance Code.  $278-16. Code Violations.  Nothing in this article shall preclude or prohibit the Code Enforcement Officer or other Borough designee from identifying any code violations or inspecting any property according to the terms of any of the referenced codes at any time, whether or not the particular premises are scheduled for periodic inspection under the terms of this article. A. The failure of any owner to effect corrections as provided in this article shall' be considered a violation of the Code of the Borough of Hanover, including, but not limited to, the International Property Maintenance Code, the Uniform Construction Code, the International Fire Code, the Zoning Ordinance oft the Borough of Hanover, as applicable, and any other applicable provisions of the Code of the Borough of Hanover or the laws of the Commonwealth and the procedures and penalties B. The failure of any owner to schedule ani inspection or reinspection as provided int this article shall result in the issuance of a notice to the owner of the property is not a  $278-17. Violations and Penalties.  prescribed therein shall be applicable.  9    qualified residential rental unit, in which event it shall be unlawful for any person to occupy or to rent to others for occupancy the premises in question until the unit becomes a qualified residential rental unit after inspection and compliance with the C. Rental ofal unit thati isi nota a qualified residential rental uniti isay violation oft this Ordinance and shall subject the Owner to enforcement in the same manner as provided for the enforcement of summary offenses under the Pennsylvania Rules of Criminal Procedure, whos shall, upon conviction, bel liablet toj pay a fine not to exceed $1,000.00 plus court costs andt thel Borough'sreasonable: attorney feesi incurredi int the enforcement proceedings. The Municipal Solicitor may assume charge of the prosecution without the consent of the district attorney as required under Pa.R.Crim P. No. 454. Each day that a violation continues after due notice has been served shall be deemed as separate offense. D. In addition to the enforcement proceedings set forth above, the Borough may enforce this Ordinance in equity in the Court of Common) Pleas of York County, Pennsylvania.  Notice of Violation.  SECTION2: Repealer  All provisions oft the Rental Property Ordinance oft the Borough of Hanover are hereby revised and amended, asi necessary and appropriate, in order toi insure and confirm consistency thereof with thej provisions of the present Ordinance. Any Ordinance or Resolution, or any portion of any Ordinance or Resolution, of the Borough of Hanover, which is inconsistent with the contents oft the present Ordinance shall be, and the same isl hereby, repealed insofar as the same  isa affected by ori inconsistent with the provisions of the present Ordinance.  SECTION3: Severability  Ifany section, subsection, sentence, clause, phrase, or portion ofthis Ordinance is for any reason held invalid or unconstitutional by any Court of competent jurisdiction, such portion shall be deemed tol be a separate, distinct, andi independent provision, and such holding shall not affect  the validity oft thei remaining portions oft thep present Ordinance.  SECTION 4: Codification  The Code of the Borough of Hanover, as amended, shall be and remain unchanged andi in full force ande effect except as amended, supplemented and modified by this Ordinance. This Ordinance shall become a part of the Code of the Borough ofl Hanover, as amended,  specifically Chapter 278 thereof, upon enactment.  SECTION: 5: Effective Date (b) oft the Borough Code. ENACTED AND ORDAINED this  This Ordinance shallt take effect and! bei ini full force and effecti in accordance with Section 3301.3  day of  2024.  ATTEST:  BOROUGH COUNCIL OF THE BOROUGH OF HANOVER  By: Secretary  William W.I Reichart, II, Council President  APPROVED this  day of  2024.  SueAnn Whitman, Mayor  10