[Ord. 1820, 8/19/1991, § 1]
This Part is enacted to provide for the uniform and equitable
distribution of the tax levies in the Township and upon the inhabitants
thereof and to promote the health, safety, morals and general welfare
of the inhabitants of the Township.
[Ord. 1820, 8/19/1991, § 2; as amended by Ord.
1865, 2/24/1997, § 3]
The Board of Commissioners finds that registration of tenants
and other nonowner occupants of real estate is necessary in order
to have accurate records of the numbers and identities of Township
residents for purposes of taxation, zoning, recycling, fire prevention,
and other efforts in furtherance of the public health, safety and
welfare. The Board also finds that the Township has experienced more
problems with the maintenance of nonowner occupied properties than
with owner occupied properties and that pre-occupancy inspection for
dangerous conditions promotes the health, safety and welfare of occupants
of rental units by reducing the possibility of such occupants being
exposed to dangerous conditions.
[Ord. 1820, 8/19/1991, § 3]
As used in this Part, the following terms shall have the meanings
indicated, unless a different meaning clearly appears from the context.
BUSINESS UNIT
A parcel of real estate, with or without improvements located
thereon, utilized by any person or persons for any commercial activity
or purpose.
DWELLING UNIT
One or more rooms used for living and sleeping purposes arranged
for occupancy by one family or by one or more persons and occupied
by the family or person for more than 30 days.
LANDOWNER
A lessor, or person who acts as agent for the lessor, of
any parcel of real estate located in the Township, or a lessor or
person who acts as agent for the lessor, of any improvements on real
estate or any building located in the Township, or an owner or person
in charge of any parcel of real estate on which dwelling units are
occupied by persons other than the owners or the owners' relatives
including, but not limited to, group homes, community living arrangements,
boarding houses, personal care homes, domiciliary lands and long-term
care facilities.
PERSON
Any individual, partnership, association, firm or corporation.
RENTAL DWELLING UNIT
A dwelling unit rented to or available for rent by tenants
or otherwise occupied by persons other than the owner or the owner's
relatives, including, but not limited to, units in single-family houses,
two-family houses, multiple-family dwellings, multiple-family houses,
apartment houses, row houses, townhouses, and other buildings of similar
character, and also including group homes, community living arrangements,
boardinghouses, domiciliary homes, long-term care facilities or personal
care homes.
[Added by Ord. 1954, 9/26/2011]
TENANT or OCCUPANT
A person who has the use, either by himself or with others,
of a dwelling unit or a business unit owned by a person other than
himself, for a period exceeding 30 days.
[Amended by Ord. 1954, 9/26/2011]
[Ord. 1820, 8/19/1991, § 4; as amended by Ord.
1865, 2/24/1997, § 1]
Within 60 days from the effective date of of this Part, each
landowner shall submit to the Township Ordinance Enforcement Officer
a completed and signed report form supplied by the Township Ordinance
Enforcement Officer which includes at least the following information:
A. List of the dwelling units and business units owned by the landowner,
located within the Township limits, whether occupied or not occupied.
B. Address of each dwelling unit and business unit.
C. Brief description of each dwelling unit or business unit.
D. Whether or not said dwelling unit or business unit is inhabited or
utilized by tenants or occupants.
E. Names of the tenants or occupants occupying the aforementioned dwelling
unit or business unit, if any, and the age, occupation and employer
of each such tenant or occupant.
F. Description of the number of operational smoke detection devices
in the dwelling or business unit and where they are located.
[Ord. 1820, 8/19/1991, § 5; as amended by Ord.
1865, 2/24/1997, § 1]
After the effective date of this Part, any person who becomes
a landowner of any parcel of real estate or any improvement on real
estate or building located in the Township by agreement of sale, by
deed, or by any other means, shall within 14 days thereafter, report
to the Township Ordinance Enforcement Officer the information and
data set forth in § 104, above, and on forms to be provided
by the Township Ordinance Enforcement Officer.
[Ord. 1820, 8/19/1991, § 6; as amended by Ord.
1865, 2/24/1997, § 1]
After the effective date of this Part, each and every landowner
of property within the Township shall report to the Township Ordinance
Enforcement Officer on a report form to be supplied by the Township
Ordinance Enforcement Officer, any change in the use or occupancy
of any dwelling unit or business unit owned by such landowner. The
reported change shall include the information described in § 104,
above, the date when such change was effected, and the forwarding
address of the old tenants or occupants if known. A landowner of a
hotel or motel shall not be required to report a person as a "tenant"
until that person has resided in such landowner's establishment
for a period exceeding 30 days. In the event that a dwelling unit
or business unit was used by a tenant or occupant and then becomes
vacant, this change shall also be reported to the Township Ordinance
Enforcement Officer. All reports required by this Section shall be
made within 14 days after a landowner has knowledge that such a unit
has had a change in occupancy or has become vacant.
[Ord. 1820, 8/19/1991, § 7; as amended by Ord.
1865, 2/24/1997, § 1]
The Township Ordinance Enforcement Officer, under the authority
of this Part, shall:
A. Maintain on file at the Township office, the names of the landowners
owning dwelling units and business units in the Township, said list
to include the names of and pertinent information about the current
tenants or occupants of said dwelling units and business units.
B. Maintain a supply of forms for landowners to use in making reports
to the Township Ordinance Enforcement Officer as required by §§ 104,
105, and 106 of this Part.
C. Notify the Chief of Police and the appropriate fire chief of the
Township of the address and description of any dwelling unit or business
unit that is vacant, unoccupied and not in use.
[Ord. 1820, 8/19/1991, § 8; as amended by Ord.
1865, 2/24/1997, § 4]
1. When a change in use or occupancy is reported, or suspected, the
Ordinance Enforcement Officer ("Officer") will promptly inspect the
premises.
2. During the inspection, the Officer shall obtain, by way of questions
and/or observation, the following information:
A. The number of tenants or occupants and the number of dwelling units.
B. The name, age, occupation and employer of each tenant or occupant.
C. The presence and functioning of smoke detection devices as required by Chapter
7 of the Township Code of Ordinances.
D. The presence of any unsafe condition which violates the requirements of the Township's Fire Prevention Code as adopted pursuant to Chapter
5 of the Township Code of Ordinances, the dangerous building provisions of Chapter
4 of the Township Code of Ordinances or the property maintenance requirements of Chapter
10, Part
3, of the Township Code of Ordinances.
E. For buildings with less than four dwelling units, the presence of
Township authorized recycling containers.
3. If the Officer finds that operable smoke detectors are not provided as required, he shall proceed to enforce the provisions of Chapter
7 relating to smoke detectors.
4. If the Officer finds that any other conditions exist which violate the provisions of Chapter
4, Chapter
5 or Chapter
7, he shall, with any other appropriate officials, institute enforcement of Chapters
4,
5 and Chapter
7. If the Officer finds other health hazards to exist, he shall notify the Allegheny County Health Department and the landowner.
5. The Officer shall report his findings concerning the number, name,
age, occupation and employer of tenants or occupants and the presence
of recycling containers to the Township Secretary.
6. The Officer
shall investigate to determine whether the landowner owns any real
property within the Township for which there exists on the real property
a final and unappealable tax, water, sewer or refuse collection bill
delinquency on account of the actions of the landowner and within
the meaning of the Neighborhood Blight Reclamation Revitalization
Act.
[Added by Ord. 1954, 9/26/2011]
A. If the
Officer finds that such a delinquency exists, then the Officer shall
deny an occupancy permit for the dwelling unit in question in accordance
with all applicable procedures set forth in the Neighborhood Blight
Reclamation Revitalization Act.
7. The Officer
shall investigate to determine whether insurance coverage is in place
as required by this Part. If the Officer finds that the required coverage
is not in place, he shall deny the occupancy permit.
[Added by Ord. 1954, 9/26/2011]
8. Denial
or Revocation of Occupancy Permit.
[Added by Ord. 1954, 9/26/2011]
A. The Officer
shall state in writing the reasons for any denial or revocation of
an occupancy permit. Any person aggrieved by the Officer's denial
or revocation of an occupancy permit may appeal such denial by submitting
a written request for a Local Agency Law hearing to the office of
the Township Secretary within 20 days from the date of mailing of
the denial letter and accompanied by a nonrefundable appeal fee of
$50, the amount of such fee to be subject to adjustment by resolution
of the Board of Commissioners.
B. Such
written request for a Local Agency Law hearing shall state the grounds
upon which the request is made. The appellant shall be responsible
for the cost of the stenographer's appearance fee and the cost of
any advertising of such hearing. The Township Board of Commissioners
may act as the Local Agency Law appeal hearing body or may appoint
a tribunal or hearing officer to hear the appeal and to make a recommended
ruling to the Board of Commissioners.
[Ord. 1820, 8/19/1991; as added by Ord. 1846, 1/23/1995,
§ 9]
1. The landowner shall pay an inspection fee of $10 to the Officer for
each inspection.
2. After the date of adoption of this Section, inspection fees may be
amended by resolution of the Board of Commissioners.
[Ord. 1820, 8/19/1991, § 9; as amended by Ord.
1865, 2/24/1997, § 2]
Any person who shall violate any provision of this Part or who
knowingly files a false report required under this Part shall, upon
conviction thereof, be sentenced to pay a fine of not more than $1,000
and, in default of payment, to imprisonment for a term not to exceed
30 days.
[Ord. 1820, 8/19/1991, § 9; as added by Ord. 1865,
2/24/1997, § 5]
No dwelling unit shall be occupied by other than the owner thereof
unless it has been inspected by the Ordinance Enforcement Officer
for compliance with smoke detection device requirements and unsafe
conditions, in accordance with § 108.2C and D of this Part.
If a unit is occupied in violation of this Section, both the owner
and the occupant shall be deemed to be in violation.
[Added by Ord. 1954, 9/26/2011]
In order to protect the health, safety and welfare of the Township,
and of tenants, and of property owners in the immediate vicinity of
rental dwelling units, all owners of rental dwelling units shall be
required to maintain property and fire insurance coverage in effect
at all times in an amount as set forth below in order to obtain an
occupancy permit. No occupancy permits shall be issued for any such
rental unit unless the owner of the unit provides proof to the Township
that property and fire insurance is in effect as required by this
Section. Occupancy permits issued after adoption of this Section may
be revoked for failure to maintain or provide proof of the required
insurance.
A. Minimum
Coverage. Property and fire insurance shall be provided in an amount
equal at least to the value of the property insured but in no case
less than $25,000.
B. Insurance
Requirements. The property owner shall provide the Township, at least
annually and also upon request, with the insurance company name, policy
number, policy expiration date, and the amount of insurance coverage,
and with a certificate of insurance acceptable to the Township and
containing proof that the required insurance is in place and will
not be terminated without 30 days' advance notice to the Township.
C. Alternative
to Insurance.
(1) In
lieu of the insurance requirements stated above, the property owner
may furnish the Township with a bond or irrevocable letter of credit
issued by a federal or Commonwealth chartered lending institution
actively conducting business in Allegheny County, or a cash deposit.
The amount of such letter of credit, bond or cash deposit shall be
equal at least to the value of the property insured or $25,000, whichever
is greater.
(2) Such
bond or letter of credit shall provide for and secure to the Township
the repair or removal of any property damage or a fire, accident,
natural disaster or lack of maintenance by the owner. The proceeds
of such bond, letter of credit or cash deposit shall be accessed and
used by the Township for costs of any nature incurred in connection
with removal or repair of the property, including but not limited
to Township labor costs, material costs, costs of outside contractors,
professional fees, expense of court proceedings, and the filing of
liens.
D. Notification
to Tenants. Within 60 days of this Section, each landowner shall notify
each tenant of the insurance requirement set forth in this Section
and that the landowner's failure to maintain or provide proof of such
insurance may terminate occupancy of the rental dwelling unit.
E. Insurance
Requirement Effective Date. The requirement to maintain fire and property
insurance as required by this Section shall go into affect 60 days
after the date of adoption of this Section by the Board of Commissioners.
F. Determination
of Value and Sufficiency. The Township shall, in its sole discretion,
determine the value of the property and/or the sufficiency of insurance,
an insurance certificate, bond or letter of credit for purposes of
implementing this Section.
G. Regulations
and Forms. The Township Board of Commissioners is authorized to adopt,
by way of resolution, any rules and regulations necessary or helpful
for the implementation or enforcement of this Section. The Officer
may adopt and require the completion of any form to implement this
Section.
[Ord. 1969, 6/23/2014]
The Board of Commissioners of Harrison Township finds the following
facts, conditions and occurrences:
A. The Township has over 1,000 residential rental units.
B. In many cases, rental properties have been poorly maintained, with
adverse impact on the public safety, the safety of tenants and property
values.
C. Complaints about tenant behavior are frequent, often requiring police
response and undue consumption of Township resources.
D. The enjoyment and value of nearby nonrental properties is adversely
affected by landlords who allow rental properties to deteriorate and
fail to police tenant behavior, as well as by improper tenant behavior.
E. Licensing of landlords will allow the continued rental of residential
units with appropriate incentives and accountability for landlords
to maintain rental properties and control inappropriate or disorderly
tenant practices.
F. Section 1502 IX of the First Class Township Code authorizes townships
to define and prohibit disorderly practices.
G. Section 1502 X of the First Class Township Code authorizes the Township
to take all needful means to secure the safety of persons and property
within the Township.
H. Section 1502 XLIV of the First Class Township Code authorizes the
Township to adopt regulations necessary for the health, safety, morals,
general welfare, cleanliness, beauty, comfort and convenience of the
Township and its inhabitants.
I. Registration of tenants and other nonowner occupants of real estate
is necessary in order to have accurate records of the numbers and
identities of Township residents for purposes of taxation, zoning,
garbage collection and recycling, fire prevention, and other efforts
in furtherance of the public health, safety and welfare. The Board
also finds that the Township has experienced more problems with the
maintenance of non-owner-occupied properties than with owner-occupied
properties and that preoccupancy inspection for dangerous conditions
promotes the health, safety and welfare of occupants of rental units
by reducing the possibility of such occupants being exposed to dangerous
conditions.
[Ord. 1969, 6/23/2014]
It is the purpose of this Part 2 and the policy of the Harrison
Township Board of Commissioners, 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 Harrison Township and to encourage owners
and occupants to maintain and improve the quality of rental housing
within the community. It is also the policy of Harrison Township that
owners, managers and occupants share responsibilities to obey the
various codes adopted to protect and promote public health, safety
and welfare. As means to those ends, this Part 2 provides for a system
of inspections; issuances and renewals of occupancy licenses; and
sets penalties for violations. This Part 2 shall be liberally construed
and applied to promote its purposes and policies.
[Ord. 1969, 6/23/2014]
As used in this Part 2, the following terms shall have the meanings
indicated, unless a different meaning clearly appears from the context:
COMMON AREA
In multiple-unit dwellings, space which is not part of a
rental unit and which is shared with other occupants of the dwelling,
whether they reside in rental dwelling units or not. Common areas
shall be considered as part of the premises for purposes of this Part
2.
DISORDERLY PRACTICES
Any form of conduct, action, incident or behavior perpetrated,
caused or permitted by an occupant or visitor of a rental dwelling
unit that is so loud, untimely (as to the hour of the day), offensive,
riotous, or that otherwise disturbs other persons of reasonable sensibility
in their peaceful enjoyment of their premises. It is not necessary
that such conduct, action, incident or behavior constitutes a criminal
offense or that criminal charges be filed against any person in order
for a person to have perpetrated, caused or permitted the commission
of disorderly practices, as defined herein; provided, however, that
no disorderly practcices shall be deemed to have occurred unless the
Ordinance Enforcement Officer or police shall investigate and made
a determination that such did occur and keep written records, including
a disorderly practices report, of such occurrence.
DISORDERLY PRACTICES REPORT
A written report of disorderly practices, on a form to be
prescribed therefor, to be completed by the Ordinance Enforcement
Officer or police, as the cause may be, who actually investigates
an alleged incident of disorderly practices conduct and which shall
be maintained by the Ordinance Enforcement Officer.
DWELLING
A building having one or more rental dwelling units.
DWELLING UNIT
An apartment or other arrangement of one or more rooms used
for living and sleeping purposes, arranged for occupancy by one family
or by one or more persons and occupied by the family or person(s)
for more than 30 days.
GUEST
A Person or persons on the premises with the consent of an
occupant.
LANDLORD
One or 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 rental
unit. (Same as "owner.")
LICENSE
A municipal permit, in the form of a license, issued by the
Township pursuant to this Part 2 authorizing rental of any rental
dwelling unit.
MANAGER
An adult individual designated by the owner of a rental unit under § 204, Subsection 2. The manager shall be the agent of the owner for service of process and receiving notices or demands and to perform the obligation of the owner under this Part
2 and under rental agreements with occupants.
ORDINANCE ENFORCEMENT OFFICER
The duly appointed Ordinance Enforcement Officer(s) having
charge of the Zoning and Ordinance Office of Harrison Township, and
any assistants or deputies thereof.
OWNER
One or 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 rental
unit.
PERSON
A natural person, partnership, corporation, unincorporated
association, limited partnership, trust, or any other entity.
POLICE
The Police Department of Harrison Township or any properly
authorized member or officer thereof or any other law enforcement
agency having jurisdiction within Harrison Township.
PREMISES
Any parcel or real property in the Township, including the
land and all buildings and appurtenant structures or appurtenant elements,
upon which one or more rental units are located.
RENTAL AGREEMENT
A written agreement between the owner/landlord and the occupant/tenant supplemented by the Township Addendum required under § 204, Subsection 6, of this Part
2, embodying the terms and conditions concerning the use and occupancy of a specified rental unit or premises.
RENTAL DWELLING UNIT
A dwelling unit rented to or available for rent by tenants
or otherwise occupied by persons other than the owner or the owner's
relatives, but not limited to, units in single-family houses, two-family
houses, multiple-family dwellings, multiple-family houses, apartment
houses, row houses, townhouses, and other buildings of similar character,
and also including group homes, community living arrangements, boardinghouses,
domiciliary homes, long-term care facilities or personal care homes.
TENANT or OCCUPANT
A person who resides in a rental dwelling unit or who has
the use, either by himself or with others, of a dwelling unit owned
by a person other than himself, for a period exceeding 30 days.
TOWNSHIP
Harrison Township, Allegheny County, Pennsylvania.
[Ord. 1969, 6/23/2014]
The Township Ordinance Enforcement Officer, under the authority
of this Part, shall:
A. Maintain on file at the Township office the names of the landowners
owning dwelling units in the Township, said list to include the names
of and pertinent information about the current tenants or occupants
of said dwelling units.
B. Maintain a supply of forms for landowners to use in making reports
to the Township Ordinance Enforcement Officer as required.
C. Maintain a list of tenants who have been evicted from licensed rental
units for violation of this Part 2.
D. Notify the Chief of Police and the appropriate Fire Chief of the
Township of the address and description of any dwelling unit that
is vacant, unoccupied and not in use.