[HISTORY: Adopted by the City Council of the City of Oil
City as indicated in article histories. Amendments noted where applicable.]
[Adopted 2-12-2007 by Ord. No. 2734]
For the purpose of this article, the following words, terms
and phrases shall have the meanings indicated herein:
The City of Oil City.
The person(s) in whose name(s) the property on which the
rental unit is located and is recorded in the office of the Venango
County Recorder of Deeds, as reflected on the tax duplicate issued
by the Venango County Assessment Office.
An individual, corporation, partnership, trust, estate, association
or other legal entity capable of holding title to real estate.
A parcel of real estate located in the City of Oil City to
which a Venango County tax parcel identification number has been assigned
by the Venango County Assessment Office.
Consideration charged for the right to occupy or use the
property of another party, whether the consideration is valued in
money, goods, labor or service.
Any space used for human occupancy located within a building
used for residential use and occupancy that is rented for human occupancy
under either a written or oral lease or other rental agreement, regardless
of the terms of the rental or lease, but excluding units within a
motel or hotel rented by the day for transient occupancy.
This article is enacted to provide for the uniform and equitable
collection of earned income, residence and per-capita taxes levied
within the City.
It shall be the duty of the owner of every rental unit located
within the City to prepare and file an annual report with the City
Code Office, which shall contain the complete name and address of
each person 18 years of age and older who is currently residing in
each rental unit owned by the person required to file the report.
The owner shall also provide the lease commencement and expiration
dates of any tenant at the request of the City Code Office.
The report shall be supplemented by the owner of the registered
rental unit within 15 days of becoming aware of the arrival of tenants
or lessees not previously reported or of the departure of lessees
or tenants previously reported.
The report, which shall be filed in a form and manner designated
by the City, shall be filed not later than 60 days following the effective
date of this article and annually thereafter within the thirty-day
period following September 30 of each calendar year.
Any person who shall violate any of the provisions of this article
by failing or refusing to timely file the required report within 10
days of the due date thereof shall, upon being found liable in a summary
proceeding brought by the City before a Magisterial District Judge
having jurisdiction, be subject to a fine for each such violation
of not more than $600 plus all the costs of prosecution and, upon
default in timely payment of the fine and costs of prosecution, shall
be subject to a period of imprisonment in the Venango County Prison
not exceeding 30 days. Each day that a violation shall continue following
the initial notice by the City Code Office to such person that such
person is in violation of this article shall constitute a single and
separate offense, punishable by a separate fine.
[Adopted 6-15-2009 by Ord. No. 2765]
The City of Oil City recognizes the need for an inspection program
for residential rental properties located within the City in order
to ensure all rental properties meet minimum standards for the protection
of the health and safety of the residents living in such properties
and to provide an efficient system for compelling both absentee and
local owners and operators of these properties to correct violations
and maintain, in proper condition, rental properties within the City.
The City recognizes that the most efficient system to meet these objectives
is the creation of a program requiring the inspection of residential
rental properties within the City as defined in this article, so that
a verification of compliance with the most current, adopted version
of the Property Maintenance Code of the City of Oil City, as amended,
can be made by City officials.
As used in this article, the following terms shall have the
following meanings:
A building arranged or used for lodging for compensation,
with or without meals, and not occupied as a single-family unit.
The current adopted version of the International Property
Maintenance Code as enacted by the City of Oil City.[1]
A building used as group living quarters for a student body
or religious order as an accessory use to a college, university, boarding
school, convent, monastery or similar institutional use.
A single unit providing complete, independent living facilities
for one or more persons, including permanent provisions for living,
sleeping, eating, cooking and sanitation.
SINGLE-FAMILY DWELLINGA dwelling containing only one dwelling unit.
TWO-FAMILY DWELLINGA dwelling containing two dwelling units.
MULTIFAMILY DWELLINGA dwelling containing three or more dwelling units, including apartment houses, apartment hotels, flats and garden apartments.
A facility offering transient lodging accommodations to the
general public and which may include additional facilities and services,
such as restaurants, meeting rooms, entertainment, personal services,
and recreational facilities.
Any individual, corporation, partnership or any other groups
as a unit having a legal or equitable interest in a property, including
the guardian of the estate of any such person, and the executor or
administrator of the estate of such person if ordered to take possession
of real property by a court, provided that any ownership right created
by an installment sales agreement or land contract shall be recorded
with the Recorder of Deeds office in and for Venango County.
[Amended 3-28-2013 by Ord. No. 2818]
An adult individual designated by the owner of a rental property
as the agent of the owner for service of process and receiving notices
or demands and to perform the obligations of the owner.
It shall be unlawful for any person, firm or corporation to
operate, let or rent to another for occupancy any residential single-family
dwelling, two-family dwelling, multifamily dwelling, boardinghouse,
dormitory or hotel, as defined above, unless a rental housing permit
has been issued by the Code Official.
Applications for permits shall be made to the Code Official
on forms furnished by said office, which applications shall include:
A.
The name and address of the owner and of the operator if he is not
the owner.
B.
The location of the structure by street and number.
C.
The number of units or rooms or dwelling units available for occupancy
and the number of persons who may be accommodated.
D.
Such other related information as the Code Official may require.
E.
All information provided on the application form shall be accurate
and complete. No person shall provide inaccurate information for the
registration of a rental property or fail to provide the information
required for such registration. The registration form shall be signed
by the property owner(s) or the designated responsible operator here
applicable. When the owner is not a natural person, the owner information
shall be that of the president, general manager or other chief executive
of the organization. When more than one person has an ownership interest,
the required information shall be provided for each owner.
With respect to existing housing units requiring rental housing permits as stipulated by § 246-9 hereof, all applications for permits shall be made on or before July 31, 2009.
A.
The Code Official shall initially issue a conditional rental housing
permit to the applicant upon application, which shall allow the applicant
to continue to operate, let or rent the unit(s) for which the conditional
permit has been granted.
B.
The application for and issuance of the conditional rental housing
permit shall constitute consent for inspection of the subject rental
premises by the Code Official.
C.
The Code Official shall thereafter conduct inspections of the structure
to determine compliance with the Oil City Property Maintenance Code,
and as the same may be amended from time to time hereafter.
D.
The results of the inspection shall cause one or more of the following
actions to take place:
(1)
If the rental premises complies with all the provisions of the Oil
City Property Maintenance Code, the Code Official shall issue a rental
housing permit.
(2)
If the rental premises do not comply with the provisions of the Oil
City Property Maintenance Code, the Code Official shall proceed to
enforce all of the provisions of said Oil City Property Maintenance
Code.
(3)
In addition to the enforcement of all other remedies as set forth
in the Oil City Property Maintenance Code, noncompliance with orders
and notices of the Code Official shall result in the revocation of
the conditional and/or housing rental permit, and in such event, the
subject premises may not thereafter be rented to other persons, except
that current tenants may continue to occupy such premises until their
lease term expires or until termination of tenancy; provided, further,
that such premises have not been determined by the Code Official to
be unfit for human occupancy; in which case, the Code Official shall
require the current tenants to move from the premises.
A.
Inspections may be made to obtain and maintain compliance with the
standards of this article based upon one of the following:
(1)
A complaint received by the City of Oil City or any law enforcement
agency indicating that there is a violation of the standards or the
provisions of any ordinance adopted by the City, county or any state
law;
(2)
An observation by any law enforcement officer or any member of the
Oil City Fire Department of a violation of the standards or the provisions
of any ordinance adopted by the City or any state law;
(3)
A report or observation of a dwelling unit that is unoccupied and
unsecured or a dwelling that is damaged by fire;
(4)
The failure to register or comply in any manner with the provisions
as required by this article;
(5)
The need to determine compliance with a notice or an order issued
by the Code Office;
(6)
An emergency observed or reasonably believed to exist;
(7)
A request for an inspection by the property owner; or
(8)
Requirements of law where a dwelling is to be demolished by the City
or where ownership is to be transferred to the City.
B.
Access to property for inspection shall be made in accordance with
state and federal laws.
The Code Official's signature shall be attached to every
permit, or the Code Official may authorize a subordinate to affix
such signature thereto.
A.
There shall be no permit fee charged to any applicant for the issuance
of a conditional or rental housing permit or for the inspection of
the rental unit.
B.
If a compliance inspection is scheduled and the owner, operator or responsible manager fails to appear, then an inspection fee of $50 shall be assessed against the owner, and no inspection shall be completed until the inspection fee is paid in full. If payment in full is not made within 60 days of the date of the invoice for the inspection fee, the conditional permit or rental permit shall be rescinded until full payment is made, and any person who shall lease, rent, occupy or otherwise allow a rental unit within the City to be occupied after rescission of the conditional permit or rental permit as provided herein shall be subject to the penalties of § 246-19 hereof.
C.
If the unit is found to be in violation of the Oil City Property
Maintenance Code, a written notice of the violation(s) shall be issued
to the owner, operator or responsible manager of the unit, and the
Code Official shall give sufficient time to make repairs and bring
the unit up to minimum standards of the code. Once the time has passed
for conducting the necessary repairs, the Code Official or his agent
shall conduct a follow-up inspection of the premises to determine
if the repairs have been completed.
D.
If a second or subsequent reinspection is needed for any regulated
rental unit because previously identified code violation(s) in the
unit continued to exist or a license was previously revoked and reinstatement
applied for, a fee of $50 shall be charged for each reinspection or
reinstatement.
The conditional or rental housing permit shall be posted in
a conspicuous place in the owner's or operator's office
or public hall in multiple-family dwellings, boardinghouses, dormitories
and hotels. In all structures, the permit shall be accessible by the
owner or operator to produce upon request. The intent of this section
will also be served if the owner or operator is able to produce such
permit within 24 hours of request. The issuance of a conditional or
rental housing permit to an owner or operator of rental property shall
constitute consent for inspection. The permit is and shall remain
the property of the Department of Code Administration of the City
of Oil City.
The terms and provisions of this article are not intended to
bar, preclude or affect the right of the owner to pursue judicial
relief against a tenant for damage caused to a property or for which
a tenant is legally responsible.
The Code Official shall establish administrative guidelines
for the implementation of this article. Such administrative guidelines
need not be advertised, but copies thereof shall be kept on file in
the City Clerk's office for inspection by the public. The administrative
guidelines and the amendments or modifications thereto shall be approved
by the City Solicitor in accordance with the City Code.
Any person, firm or corporation who shall violate any provision
of this article shall, upon conviction thereof in a summary proceeding
before a Magisterial District Judge, be sentenced to pay a fine of
$300 together with the costs of prosecution and any fee or fees. Each
day that a violation continues after due notice has been served shall
be deemed a separate offense.
