[HISTORY: Adopted by the City Council of The City of Oil
City 9-9-1996 by Ord. No. 2604 (Ch. 149 of the 1986 Code). Amendments
noted where applicable.]
GENERAL REFERENCES
Building codes — See Ch. 110.
Property maintenance — See Ch. 258, Art. I.
Exhibit A, Rent Withholding Program
Exhibit B, QualificationsExhibit C, Landlord Procedures and ResponsibilitiesExhibit D, Tenant Procedures and ResponsibilitiesExhibit E, Removal From The Rent Withholding ProgramExhibit F, Appeal ProgramExhibit G, Disbursement of Escrow FundsExhibit H, Escrow Funds for Utility Payments
Exhibit B, QualificationsExhibit C, Landlord Procedures and ResponsibilitiesExhibit D, Tenant Procedures and ResponsibilitiesExhibit E, Removal From The Rent Withholding ProgramExhibit F, Appeal ProgramExhibit G, Disbursement of Escrow FundsExhibit H, Escrow Funds for Utility PaymentsAs used in this chapter, the following terms shall have the
meanings indicated:
Any building or structure which is wholly or partly used
or intended to be used for living or sleeping by human occupants.
Any dwelling which by reason of serious deficiencies or inadequacy
in plumbing, water supply, light, heat, ventilation, floor area, fire
safety and rodent or pest control facilities or by reason of damage,
deterioration or disrepair to the dwelling is unsanitary or unsafe
and constitutes a serious hazard to the health, safety or general
welfare of the occupants of the dwelling or to the public.
A.
When the Code Official of the City of Oil City certifies a dwelling
unfit for human habitation, the duty of any such tenant of such dwelling
to pay and the right of the landlord to collect rent shall be suspended
without affecting any other terms or conditions of the landlord-tenant
relationship until the dwelling is certified as fit for human habitation
by the Code Official of the City of Oil City or the tenancy is terminated
for any other reason than nonpayment of rent.
B.
During any period when the duty to pay rent is suspended and the
tenant continues to occupy the dwelling, the rent withheld shall be
deposited by the tenant in an escrow account, as hereinafter designated,
and shall be paid to the landlord when the dwelling is certified as
fit for human habitation at any time within six months from the date
on which the dwelling was certified as unfit for human habitation.
C.
If at the end of six months after the certification of a dwelling
as unfit for human habitation, hereunder, such dwelling has not been
certified as fit for human habitation, any monies deposited in escrow
on account of continued occupancy shall be payable to the tenant,
except that any funds deposited in escrow may be used for the purpose
of making such dwelling fit for human habitation and for the payment
of utility services for which the landlord is obligated but which
he refuses to pay. No tenant shall be evicted for nonpayment of rent
while the rent is deposited in escrow and the tenant is not in default.
There shall be established by the Code Official rules and regulations[1] for the implementation of the rent withholding. Such rules
and regulations need not be advertised, but copies thereof shall be
kept on file in the City Clerk's office for inspection by the
public. Proposed rules and regulations shall be approved by the City
Solicitor in accordance with the Oil City Code.
[1]
Editor's Note: Said rules and regulations are included
as Exhibits A through H attached to this chapter.
The Mayor and City Controller are hereby authorized and directed
to enter into an agreement on behalf of the City with a qualified
corporation, firm or entity to act as escrow agent for the deposit
of funds as hereinbefore provided.
