Myerstown council pulls back rental inspection requirement

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Myerstown Borough Council in a mixed vote Tuesday passed an amendment to its residential rental license ordinance removing mandatory inspections.

Councilmen Gregg Kemp and Matthew Mulvaney were opposed, with councilmen Bradley Kahl, Daniel Ebling, Mark Kirsch, Robert Fullenlove, and Todd Kahl in favor.

Ebling previously said the amendment’s goal is to reduce cost to landlords and simplify requirements, with licensees currently paying $75 per unit in annual inspection fees. The draft ordinance also allows for a single application to be submitted for a building with multiple rental units, and also complaint-based inspections.

Former council president Park Haverstick II said during a public hearing prior to adoption that the ordinance was first adopted in response to knowledge that around half of Myerstown residents rent, many with landlords who live outside of the borough. He said that, though the ordinance’s requirements are similar to those imposed by the state, the state lacks enforcement capabilities. The inspection requirement, he said, allows for enforcement against landlords who do not meet standards.

“With the changes that you’re proposing, like getting rid of the inspection, I suspect that you recognize there is some need for an ordinance like this, or else you would just eliminate it altogether,” said Haverstick. “But the argument I wanna make is that I feel like eliminating inspections, that kind of makes this ordinance ineffective. You’re essentially putting the onus onto landlords to all be honest, when there’s a large portion of them that never bothered to register for this ordinance in the first place.

“You’re also putting the onus on the tenants to report their landlords, and it takes away the anonymity of the whole process.”

Haverstick said that, though there are some protections against retribution from landlords against tenants who report them, many find ways to skirt these laws. He also said that, without inspections and inspection fees, the borough may not have enough work to keep its code enforcement officer full-time, and urged council to wait to take action until budget time.

Todd Kahl asked Haverstick how the borough identifies rental properties that do not sign up for a license. Haverstick said the borough goes through property listings and checks them for signs of being a rental, like being owned by an LLC or having a different mailing address.

Kahl then asked if the borough goes “by hearsay,” saying that Haverstick had posted on Facebook that his mother has a rental property even though Kahl said she never did. Haverstick responded that Kahl’s mother had told him she did.

Kahl said she had rented to her daughter (though familial rentals are exempt from ordinance requirements) but has since sold the house, and said Haverstick should not have posted about it online. Haverstick said he was not aware of that but facetiously offered to put a sign in his front yard saying he was wrong, which Kahl said he wanted to see.

“I’m getting tired of the Facebook crap,” said Kahl.

“Then stay off Facebook,” Haverstick responded, saying he had a right to post but that it was not relevant to the public hearing. Kahl later said he felt the discussion needed to be had publicly, but Haverstick said it should have been during public comment instead of the public hearing.

“The argument is that there are things being put on Facebook that, quite honestly, could be put out as defamation and libel,” responded Bradley Kahl.

Haverstick said that was true, but not what they were talking about, and Kahl said he was just warning people to be careful about what they read or post online.

Council president Daniel Ebling asked if there were any more comments about the rental ordinance before closing the hearing. Also with Kemp and Mulvaney opposed, council adopted a resolution establishing a residential rental registration fee of $25 per unit effective Jan. 1.

In other news, council:

• Agreed to direct solicitor Amy Leonard to draft an ordinance and zoning ordinance amendment to allow the keeping of backyard hens in residential district, a topic that has been discussed in council’s workshops, with Kemp and Mulvaney opposed.
• Directed Leonard to advertise an ordinance amendment containing the following items, with Kemp and Mulvaney opposed. Last month, Kemp said he only supported the item restricting truck turns, and Mulvaney said he only supported the truck turn restrictions and East Richland Avenue parking ban.
  • Restrict truck turns for trucks over 30 feet long, except local deliveries, at the intersections of South College and West Park, East Richland and South Broad, East Richland and South Railroad, East Main and South Broad, East Main and South Cherry, East Main and South Railroad, and East Main and Quarry.
  • Ban parking on the west side of South Railroad Street from Main to Richland Avenue.
  • Ban parking on East Richland Avenue from South Railroad Street to Walnut Alley.
  • Remove a ban on overnight parking at the Peach Alley recreation area parking area and add a ban on overnight storage of RVs, boats, and trailers.

• Unanimously approved a resolution containing a policy on livestreaming, as the borough plans to livestream and record public meetings. Meetings will be streamed to YouTube and kept there for 180 days after a meeting. Videos will be watch-only and not allow for meeting participation.
• Unanimously approved a change order for the South Railroad Street paving project of $49,566 to include curb and sidewalk repairs, which will be reimbursed by property owners.
• Unanimously authorized fire police assistance for Womelsdorf Borough’s annual POW/MIA Ride for Freedom Aug. 30.
• Unanimously approved an Isaac Meier Homestead event Sept. 19 from 10 a.m. to 4 p.m. for National Sit in Public and Spin Day.
• Unanimously accepted the resignations of Elizabeth Martin and Nicholas Stoeffler from the recreation board and appointed Kristie Grier and Brooke Moyer to fill their terms.
• Unanimously approved a resolution establishing event and facility use request procedures.
• Heard reports and unanimously approved minutes.

Council holds its regular meeting the second Tuesday of each month at 6:30 p.m. and a workshop the fourth Wednesday of each month at 6:30 p.m. These meetings, held at 101 S. Railroad St., are open to the public and do not require prior registration.