[Adopted 10-10-2022 by Ord. No. 763]
This article shall be known as the "Occupancy Permit and Residential
Rental Unit Registration Ordinance."
The purpose of this article is to protect the health, safety,
and welfare of residents of the Borough of Churchill by obtaining
accurate information of the location of its residents and to ensure
that residential and commercial premises in the Borough of Churchill
are in a safe, livable and habitable condition and that all such premises
meet fire, safety, health, and other applicable Borough ordinances.
The following words and phrases shall have the meaning ascribed
to them as follows:
BOROUGH
The Borough of Churchill, Allegheny County, Pennsylvania.
COMMERCIAL PREMISES
Any building or portion of any building that is designed
or used for business, storage, or any purpose other than a place of
residence for a person or family.
OWNER
The legal owner of real estate, including the person reflected
in the deed or document recorded in the Department of Real Estate
of Allegheny County or any other County office.
PERSON
Any natural person, entity, firm, partnership, association,
or corporation.
RESIDENTIAL PREMISES
Any house, building, premises, apartment, or portion of any
building, including any apartment building, boarding home, or condominium
development that is designed or used as a place of residence for one
person or family.
RESIDENTIAL RENTAL UNIT
Any residential premises within the Borough of Churchill
which is occupied by someone other than the owner of the real estate
as determined by the most current deed and for which the owner of
said parcel of real estate received any value, including, but not
limited to, money, or the exchange of services. Each apartment within
a building is a separate residential rental unit.
SUBSTANTIAL VIOLATION
A violation of an adopted building, housing, property maintenance
or fire code or maintenance, health or safety nuisance ordinance that
makes a building, premises, or any part thereof dangerous or injurious
to the health, safety, or physical welfare of an occupant or the occupants
of neighboring buildings or premises.
TEMPORARY ACCESS CERTIFICATE
A certificate issued by the Borough upon an inspection that
identifies at least one substantial violation, with the purpose to
authorize access to the property for the purpose of correcting substantial
violations.
TEMPORARY OCCUPANCY CERTIFICATE
A certificate issued by the Borough upon an inspection that
identifies a violation but no substantial violation, with the purpose
to authorize full use and occupancy of the property pending correction
of the violations.
TENANT
A person who resides in or occupies for business or similar
purposes a residential premises or commercial premises, who is not
the owner of such premises and who has a legal relationship with the
owner, or authorized representative of the owner, by lease or other
agreement pursuant to which such person may reside in or use the premises.
VIOLATION
A violation of an adopted building, housing, property maintenance
or fire code or maintenance, health or safety nuisance ordinance that
does not rise to the level of a substantial violation.
No occupancy permit shall be issued until:
A. The residential or commercial premises is inspected by the Code Enforcement
Officer and/or Building Code Official or other representative of the
Borough;
B. The representative of the Borough determines that the premises at
issue is in compliance with all applicable Borough Codes; and
C. The owner or authorized agent of the premises pays all application
and inspection fees.
Each application for an occupancy permit shall be accompanied
by a fee in an amount established from time to time by resolution
of Borough Council in order to defray the cost of administering this
article.
The cost for each inspection shall be an amount as established
from time to time by resolution of the Borough Council. Where an inspection
is scheduled, and the Borough representative attempts to make an inspection
and is unable to make such inspection at the agreed upon time and
place due to the failure of the applicant to appear or cooperate,
the charge will be collectible against the applicant before any occupancy
permit shall be issued. Each such inspection shall be subject to an
individual charge per inspection.
Every owner of a residential rental unit must register the unit
with the Borough in accordance with the following schedule:
A. All owners of residential rental units must register the units with
the Borough within 30 days after the effective date of this article.
B. Any person who converts any structure to a residential rental unit
or units shall register the residential rental unit or units with
the Borough within 30 days of the completion of the conversion of
the unit or units; within 30 days of the time when any rent, including
the exchange of other services for the unit or units, is obtained;
or within 30 days of the date within which a tenant or tenants occupy
the unit or units, whichever time period is sooner.
C. Registration information shall be provided by each owner of a residential
rental unit and shall include the following:
(1) Owner name, mailing address, telephone number, and email address;
(2) Name, address, telephone number, and email address of an adult individual
designated by the owner who shall be the agent of the owner for service
of process and receiving of notices and demands for the owner under
this article;
(3) Property address and number of residential rental units;
(4) Actual number of occupants; and
(5) Name(s) of current tenant(s).
D. The owner of a residential rental unit shall update the registration
information on record with the Borough within 10 days of any change
of the information set forth above.
E. The owner of a residential rental unit shall notify the Borough within
10 days of a new tenant occupying, renting, or residing in the residential
rental unit.
F. Notwithstanding any other provisions of this article, in the event
that a tenant is the subject of a court order requiring that their
personal information be kept confidential, the name and address of
such tenant shall not be disclosed by any Borough personnel.
Any person who fails neglects, or refuses to comply with the
requirements of this article as to either the occupancy permit or
residential rental registration shall be considered in violation of
this article. Upon violation, an appropriate citation will be issued
carrying fines of not more than $1,000 for each offense, together
with the costs of the proceedings against the person.
Fees assessable by the Borough for the administration and enforcement
undertaken pursuant to this article shall be established by the Borough
Council of the Borough of Churchill by resolution from time to time.
As of the effective date of this article, all ordinances currently
in existence are repealed to the extent that such ordinances are inconsistent
with the provisions of this article.
If any of the provisions of this article shall be held invalid
for any reason whatsoever, then unless such provision or term is material
to this article as to render this article impracticable to perform,
such provision or term shall be deemed severable from the remaining
provisions or terms of this article and shall in no way affect the
validity or enforceability of any other provisions hereof.
This article shall become effective upon adoption.