[HISTORY: Adopted by the Borough Council
of the Borough of Monaca as indicated in article histories. Amendments
noted where applicable.]
[Adopted 9-14-2004 by Ord. No. 875]
As used in this article, the following terms
shall have the meanings indicated:
Borough of Monaca, Beaver County, Pennsylvania.
Any form of conduct, action, incident or behavior perpetrated,
caused or permitted by any occupant or visitor of a regulated dwelling
unit that is so loud, untimely (time of day), offensive, riotous or
that otherwise disturbs other persons of reasonable sensibility in
their peaceful enjoyment of their premises such that a report is made
to police complaining of such action, conduct, incident or behavior.
It is not necessary that such action, conduct, incident or behavior
constitute a criminal offense, nor that criminal charges be filed
against any person in order for a person to have perpetrated, caused
or permitted the commission of disruptive conduct as defined herein;
provided, however, that such shall be deemed to have occurred unless
the police shall investigate and make a determination that such did
occur and make a record of such occurrence.
A written report of disruptive conduct on a form to be prescribed
therefor, to be completed by the police who actually investigate an
alleged incident of disruptive conduct and which shall be maintained
by the Borough's Code Enforcement Officer.
A building having one or more dwelling units.
A person on the premises with the actual or implied consent
of the occupant.
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 the Controlled Substance, Drug, Device and Cosmetic Act (35 Pa.C.S.A.
§ 780-101 et seq.).
One or more persons, jointly or severally, in whom is vested
all or part of the legal title of the premises, or all or part of
the beneficial ownership and a right to present use and enjoyment
of the premises, including a mortgage holder in possession of the
regulated rental unit (same as "owner").
An adult individual designated by the owner of a regulated
rental unit. The manager shall be the agent of the owner for the service
of process and receiving notices or demands and to perform the obligation
of the owner under this chapter and under rental agreements with occupants.
A building containing three or more independent dwelling
units, including, but not limited to, double houses, row houses, townhouses,
condominiums, apartment houses and conversion apartments.
The license issued to the owner of a regulated rental units
under this chapter, which is required for the lawful rental and occupancy
of a regulated rental unit.
An individual who resides in a regulated rental unit, whether
or not he or she is the owner thereof, with whom a legal relationship
with the owner/landlord is established by a written lease or by the
laws of the Commonwealth of Pennsylvania.
One of more persons, jointly or severally, in whom is vested
all or part of the legal title to the premises, or all or part of
the beneficial ownership and a right to present use and enjoyment
of the premises, including a mortgage holder in possession of a regulated
rental unit.
A dwelling unit in which the owner resides on a regular,
permanent basis.
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 adjacent or nearby dwellings by the persons occupying
same.
A natural person, partnership, corporation, unincorporated
association, limited partnership, trust or any other entity.
The police Department of the Borough of Monaca or any properly
authorized member or officer thereof or any other law enforcement
agency having jurisdiction within the Borough of Monaca.
Any parcel of real property in the Borough, including the
land and all buildings and appurtenant structures or appurtenant elements
on which one or more regulated rental units is located.
Any dwelling unit that is rented, leased, let out or otherwise
permitted to be occupied by a person(s) other than the owner. Vacant
dwelling units are classified as regulated rental units.
A written agreement between owner/landlord and occupant/tenant
supplemented by the addendum[1] embodying the terms and conditions concerning the use
and occupancy of a specified regulated rental unit or premises.
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.
An individual who resides in a regulated rental unit, whether
or not he or she is the owner thereof with whom a legal relationship
with the owner/landlord is established by a written lease or by the
laws of the Commonwealth of Pennsylvania (same as "occupant").
Of or pertaining to two or more persons not related to one
another through blood to the level of second cousins, adoption or
marriage.
[1]
Editor's Note: A copy of the addendum is included at the end of this chapter.
A.
General.
(1)
It shall be the duty of the every owner to keep and
maintain regulated rental units in compliance with all applicable
codes and provisions of all other applicable state laws and regulations
and Borough ordinances and to keep such property in good and safe
condition.
(2)
As provided for in this chapter, every owner shall
be responsible for regulating the proper and lawful use and maintenance
of every dwelling which he, she or it owns. As provided for in this
chapter, 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 activity
takes place at such regulated rental unit or its premises.
(3)
In order to achieve those ends, every owner of a regulated
rental unit shall regulate the conduct and activity of the occupants
thereof, both contractually and through enforcement, as more fully
set forth below.
(4)
This section shall not be construed as diminishing
or relieving, in any way, the responsibility of occupants and their
guests for their conduct or activity, nor shall it be construed as
an assignment, transfer or projection over or onto any owner or any
responsibility or liability which occupants or their 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 proceeding
is brought against the occupant based upon the occupant's conduct
or activity. Nothing herein is intended to impose any additional civil/criminal
liability upon owners other than that which is imposed by existing
law.
(5)
This chapter is not intended to, nor shall its effect
be, to limit any other enforcement remedies which may be available
to the Borough against an owner, occupant or guest thereof.
B.
Designation of manager. Every owner who is not a full-time
resident of the Borough or elsewhere in Beaver County, Pennsylvania,
shall designate a manager who shall reside in Beaver County, Pennsylvania.
If the owner is a corporation, a manager shall be required if an officer
of the corporation does not reside in Beaver County, Pennsylvania.
The officer shall perform the same functions as a manager. If the
owner is a partnership, a manager shall be required if a partner does
not reside in Beaver County, Pennsylvania. 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
chapter and under rental agreements with occupants. The identity,
address and telephone number(s) of a person who is designated as manager
hereunder shall be provided by the owner or manager to the Borough,
and such information shall be kept current and updated as it changes.
C.
D.
Maintenance of premises.
(1)
The owner shall maintain the premises in compliance
with the codes of the Borough and shall regularly perform all routine
maintenance, including lawn mowing and ice and snow removal and shall
promptly make any and all repairs necessary to fulfill this obligation.
(2)
The owner and occupant may agree that the occupant
is to perform specific repairs, maintenance tasks, alterations or
remodeling. In such case, however, such agreement between the owner
and occupant must be in writing. Such an agreement may be entered
into between the owner and occupant only if:
(3)
In no case shall the existence of any agreement between
owner and occupant relieve an owner of any responsibility under this
chapter or other ordinances or codes for the maintenance of the premises.
E.
Written rental agreements.
(1)
All rental agreements for regulated dwelling units
shall be in writing and shall be supplemented with the addendum.[1] No oral leases and no oral modifications thereof are permitted.
All disclosure 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 the occupant with copies of the rental agreement
and addendum upon execution.
[1]
Editor's Note: A copy of the addendum is included at the end of this chapter.
(2)
Terms and conditions. Owner and occupant may include
in a rental agreement terms and conditions not prohibited by this
chapter or other applicable ordinances, regulations and laws, including
rent, terms of the agreement and other provisions governing the rights
and obligations of the parties.
(3)
Prohibited provisions. Except as otherwise provided
by this chapter, no rental agreement may provide that the occupant
or owner agrees to waive or to forego rights or remedies under this
chapter. A provision prohibited by this subsection included in a rental
agreement is unenforceable.
(4)
Attachment of article to rental agreement. Following
the effective date of this chapter, a summary hereof in a form provided
to the 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
article, the owner shall provide the occupants with a copy of the
summary within 60 days after enactment of this article.
F.
Complaints. The owner shall reply promptly to reasonable
complaints and inquiries from occupants.
H.
Common areas. Where an owner does not regulate the
use of common areas and the behavior of occupants and guests in the
common areas, the owner shall be directly responsible for the behavior
of occupants and guests in the common area as if the owner were an
occupant.
A.
General. The occupant shall comply with all obligations
imposed upon occupants by this chapter, all applicable codes and ordinances
of the Borough and all applicable 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 the standards outlined in
the Borough's prevailing property maintenance code section[1] concerning occupant load. 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.
(2)
The occupant shall dispose from his or her regulated
rental unit all rubbish, garbage and other waste in a clean and safe
manner prescribed by Borough ordinance and separate and place for
collection all recyclable materials in compliance with the Borough's
Recycling Plan of Solid Waste and Recycling.[2]
C.
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 the same.
D.
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.
E.
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 Pa.C.S.A. § 780-101 et seq.).
F.
Disruptive conduct.
(1)
The occupant shall not engage in nor tolerate nor
permit others on the premises to engage in disruptive conduct or other
violations of this chapter.
(2)
When police investigate an alleged incident of disruptive
conduct, he or she shall complete a disruptive conduct report upon
a finding that the reported incident did, in his or her judgment,
constitute disruptive conduct as defined herein. The information filled
in on said report shall include, if possible, the identity or identities
of the alleged perpetrator(s) of the disruptive conduct and all other
obtainable information, including the factual basis for the disruptive
conduct request on the prescribed form. Where the police make such
investigation, said police office shall then submit the completed
disruptive conduct report to the Code Enforcement Office. In all cases,
the Code Enforcement Office shall mail a copy of the disruptive conduct
report to the owner or manager within three working days of the occurrence
of the alleged disruptive conduct.
(3)
The third occurrence of disruptive conduct within
a one-year period could result in the Borough taking legal action
which could result in the eviction from the regulated dwelling unit
and premises.
G.
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.
H.
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 chapter.
I.
Inspection of premises. The occupant shall permit
inspection of the premises by the Borough Code Enforcement Officer,
or his designated representative, at reasonable times, upon reasonable
notice.
J.
Fees.
K.
Every person applying for a license initially shall
supply all information requested by the Borough and pay an initial
license fee, and thereafter an annual license fee, as follows:
[Amended 9-12-2006 by Ord. No. 892]
|
Type of Rental
|
Fee
| |
|---|---|---|
|
One-family rental unit
|
$50
| |
|
Two-family rental unit
|
$75
| |
|
Multifamily, 3 to 10
|
$100, plus $10 per unit
| |
|
Multifamily over 10
|
$125, plus $10 per unit
| |
|
Rooming houses, dormitories and hotels
|
$125, plus $10 per unit
|
L.
Thereafter, the subsequent fee for annual licenses
for one- and two-family units will be assessed at $25 per unit. Multifamily
units, three to 10 and over 10 units, will be $20. Rooming houses,
dormitories and hotels will be $15 per unit.
A.
Registration requirements. The owners of each dwelling
listed herein will be subject to the following registration requirements
and fees:
(1)
Each person who allows a one-family dwelling to be
occupied by a person or persons other than the owner of the one-family
dwelling, and where this action by the owner has occurred for a period
in excess of one year, shall be required to annually file with the
Borough Code Enforcement Officer a rental unit registration.
(2)
Each person who operates a two-family dwelling shall
be required to annually file with the Borough Code Enforcement Officer.
(3)
The rental unit registration and accompanying registration
fees shall be filed and paid annually on or before August 31 of each
year in which the rental occurs.
B.
Inspection: periodic inspection. The Borough Code
Enforcement Officer, or designated representative, shall inspect each
one-family and two-family dwelling at least once on or before the
sixth anniversary of the initial inspection following the filing of
the rental unit registration. These periodic inspections shall occur
notwithstanding more frequent inspections which may be required in
the investigation of complaints regarding the dwelling.
C.
Inspection; issuance. The Borough Code Enforcement
Officer, or designated representative, shall, upon receipt of an application
for a license, inspect the rental dwelling and, in the event such
rental dwelling is in compliance with this article, the license applied
for shall be issued.
D.
Noncompliance. In the event the rental dwelling is
not in compliance with the Borough's property maintenance code,[1] the Borough Code Enforcement Officer shall notify the
applicant, in writing, and shall specify the noncompliance with the
property maintenance code. Upon completion of the changes needed to
achieve compliance with the property maintenance code, the Borough
Code Enforcement Officer shall issue the license applied for.
E.
Cost for missed inspection. The reasonable costs incurred
by the Borough of Monaca when an appointment for an inspection by
the Rental Registration Officer or the Code Enforcement Officer of
the Borough of Monaca is missed is a follows:
|
Activity
|
Time
(hours)
|
Fee
| |
|---|---|---|---|
|
Scheduling appointment and preparation of forms
|
0.75
|
$20
| |
|
Certified mailing, return receipt
|
$5
| ||
|
Appointment preparation, waiting at property
and travel to and from property
|
1.0
|
$25
| |
|
Total
|
$50
|
F.
Multifamily dwelling display of license. Every license
shall be displayed in a conspicuous place within the multifamily dwelling.
(1)
License duration. Every multifamily dwelling license
shall remain in force for one year from the date of issuance.
(2)
License transfers. No license required by this article
shall be transferable unless the new owner shall give notice, in writing,
to the Borough Code Enforcement Officer within 10 days after the transfer
in any manner of ownership or control of the interest in such multifamily
dwelling. Such notice shall include the name and address of the person
succeeding to the ownership or control.
G.
Violation; license revocation; notice. Whenever the
Borough Code Enforcement Officer determines that there exists a violation
of the Borough's property maintenance code,[2] it shall serve notice and may notify the owner or operator,
in writing, that unless the notice of violation is complied with,
the rental dwelling licenses may be revoked. After the expiration
of the time for compliance as stated on the notice of violation, a
reinspection shall be made to determine compliance. If the violation
has not been corrected and no appeal is pending, the Borough Code
Enforcement Officer may revoke the multifamily dwelling license and,
in such event, shall serve written notice upon the owner or operator
of such action.
I.
Licensing of rooming houses, dormitories and hotels.
No person shall operate a rooming house, dormitory or hotel unless
he has first obtained from the Borough Code Enforcement Officer a
license to operate such rooming house, dormitory or hotel.
A.
Basis for violation. It shall be unlawful for a person,
as either owner or manager of a regulated rental unit for which a
license is required, to operate without a valid current license issued
by the Borough authorizing such operation. It shall also be unlawful
for any person, either owner or manager, to allow the number of occupants
of a regulated rental unit to exceed the maximum limit as set forth
on the license or to violate any other provision of this article.
It shall be unlawful for any occupant to violate this article.
B.
Penalties. Any violation of this chapter shall constitute
a summary offense punishable, upon conviction thereof by a District
Justice, by a fine not to exceed $1,000, plus costs, or by a term
of imprisonment not to exceed 30 days. Each day of violation shall
constitute a separate and distinct offense.
C.
Nonexclusive remedies. The penalty provisions of this
section and the license nonrenewal, suspension and revocation procedures
provided in this chapter shall be independent, non-mutually exclusive,
separate remedies, all of which shall be available to the Borough
as may be deemed appropriate for carrying out the purposes of this
chapter. The remedies and procedures provided in this chapter for
violation hereof are not intended to supplant or replace, to any degree,
the remedies and procedures available to the Borough in the case of
a violation of any other code or ordinance of the Borough, whether
or not such other code or ordinance is referenced in this chapter
and whether or not an ongoing violation of such other code or ordinance
is cited as the underlying ground for a finding of a violation of
this chapter.
A.
Notices.
(1)
For purposes of this chapter, any notice required
hereunder to be given to a manager shall be deemed a notice given
to the owner.
(2)
There shall be a rebuttable presumption that any notice
required to be given to the owner under this chapter shall have been
received by such owner if the notice was given to the owner in the
manner provided by this chapter.
(3)
A claimed lack of knowledge by the owner of any violation
hereunder cited shall be no defense to license nonrenewal, suspension
or revocation proceedings as long as all notices prerequisite to institution
of such proceedings have been given and deemed received in accordance
with the applicable provisions of this chapter.
B.
Changes in ownership or occupancy. It shall be the
duty of each owner of a regulated rental unit to notify the Borough
Code Enforcement Officer, in writing, of any change in ownership of
the premises or of the number of regulated rental units on the premises.
It shall be the duty of the owner to notify the Borough Code Enforcement
Officer, in writing, of any increase in the number of occupants in
any regulated rental unit or of the changing of a dwelling unit from
owner-occupied to non-owner-occupied, which thereby transforms the
dwelling into a regulated rental unit for the purposes of this chapter.
C.
Owners severally responsible. If any regulated rental
unit is owned by more than one person in any form of joint tenancy,
as a partnership or otherwise, each person shall be jointly and severally
responsible for the duties imposed under the terms of this chapter
and shall be severally subject to prosecution for the violation of
this article.
