City Code, ExplainedBetaPardon our dust while we build this out — expect some changes along the way.

This chapter requires owners of residential rental units and short-term rentals in Pottsville to register and license their properties, and sets rules for periodic inspections and certificates of compliance to confirm the property meets City codes.

Who this affects

Landlords, property-owning corporations/LLCs/partnerships, their agents or property managers, and tenants/occupants of rental units and short-term (vacation) rentals.

Key rules

• Owners/agents must maintain the property, arrange inspections, handle repairs, pest control, snow/ice removal, and garbage removal, and keep the property compliant with the International Property Maintenance, Building, and Zoning Codes.
• Owners must be current on property taxes, garbage fees, water fees, and sewer fees; delinquency is grounds for closure of the rental unit and blocks issuance of a certificate of compliance.
• Owners who don't live within 20 miles of Pottsville or in Schuylkill County must designate a local "responsible entity" to receive notices and act as agent.
• Owners/agents must permit inspections at reasonable times; refusal can lead the City to seek a warrant.
• Owners must maintain hazard and general liability insurance, with the City named as a certificate holder, and list the insurer, policy number, and expiration date on the certificate of compliance.
• Owners and agents must hold a current business license with the City's Tax Administrator.
• Businesses (LLCs, corporations, partnerships, etc.) owning rental property must supply the Code Enforcement Office with officer/owner/agent names, extensive contact information (including home address, date of birth, and driver's license number), and incorporation paperwork before a certificate of compliance is issued.
• Owners must register tenants with the Tax Office within 10 days of move-in, listing name, age, phone number, and unit number; short-term rentals are not required to register tenants.
• Occupants must keep their unit clean and sanitary, report needed repairs, properly dispose of garbage per the City's Solid Waste Ordinance (Chapter 189), and avoid disruptive conduct.
• Each residential rental unit and short-term rental must be inspected at least once every five years, on a rotating schedule by City-defined district (Districts I–V); a change of ownership can trigger a City-initiated inspection regardless of district.
• A certificate of compliance must be issued within 14 days of a violation-free inspection and displayed in plain view; if violations are found, a notice of noncompliance must be issued within 14 days, giving a deadline to complete repairs.
• The inspection/certificate application fee is $50 per unit, payable before inspection.
• Rental units may be closed by the Code Enforcement Office for repeated violations (three or more in six months), condemnation as unsafe, failure to designate an agent, uncorrected code violations after notice, or failure to register by January 31 each year.
• Owners may appeal a Code Enforcement Officer's decision to a Board of Appeals within 30 days or the time set for repairs, whichever is shorter.
• The City must publish notice of district inspection requirements in a local newspaper twice a year, and deeds/agreements of sale for rental properties must include a notice that the unit is subject to registration and inspection.
• Unpaid fees under this chapter can be certified for collection and ultimately become a lien on the property, including collection, filing, and attorney's fees.

Penalties

First violation: costs of prosecution plus a fine of $300, or 30 days' imprisonment, or both. Second violation: costs of prosecution plus a fine of $600, or 60 days' imprisonment, or both. Third and subsequent violations: costs of prosecution plus a fine of $1,000, or 90 days' imprisonment, or both. Each day a violation continues, and each unregistered or uncertificated unit, counts as a separate offense. The City may also placard premises, withhold rent, pursue other civil remedies, or seek enforcement through the Court of Common Pleas of Schuylkill County.

Notable and archaic details

• The chapter states that "issuance of the certificate of compliance shall not denote compliance with any applicable code" and that the City bears no liability for errors or omissions in issuing a certificate.
• Registration information required from business entities includes owners'/officers' dates of birth and driver's license numbers.
• Deeds and agreements of sale for rental properties must include specific statutory notice language about registration and inspection requirements.