[Adopted 11-28-2006 by Ord. No. 2006-006, approved 11-28-2006]
The following words, when used in this article,
shall have the meanings ascribed to them in this section, except in
those instances where the context clearly indicates otherwise. When
not inconsistent with the context, words used in the present tense
include the future; words in the plural number include the singular
number; words in the singular shall include the plural; and words
in the masculine shall include the feminine and the neuter.
Individual of legal majority who has been designated by the
owner as the agent of the owner or manager of the property under the
provisions of this article.
Borough of Bridgeport.
The building code officially adopted by the governing body
of the Borough or other such codes officially designated by the governing
body of the Borough for the regulation of construction, alteration,
addition, repair, removal, demolition, location, occupancy and maintenance
of buildings and structures.[1]
A residence hall offered as student or faculty housing to
accommodate a college or university, providing living or sleeping
rooms for individuals or groups of individuals, with or without cooking
facilities and with or without private baths.
A single habitable unit, providing living facilities for
one or more persons, including permanent space for living, sleeping,
eating, cooking and bathing and sanitation, whether furnished or unfurnished.
There may be more than one dwelling unit on a premises.
The Fire Department of the Borough of Bridgeport or any member
thereof, and includes the Chief of Fire or his designee.
A building or part of a building, existing now or in the
future, in which living and sleeping accommodations are used primarily
for transient occupancy, may be rented on a daily basis, and desk
service is provided, in addition to one or more of the following services:
maid, telephone, bellhop service, or the furnishing or laundering
of linens.
Any person authorized by law or ordinance to inspect buildings or systems, e.g., zoning, housing, plumbing, electrical systems, heat systems, mechanical systems, and health conditions necessary to operate or use buildings within the Borough of Bridgeport. An inspector would include those identified in § 425-16, Enforcement.
To permit, provide or offer, for consideration, possession
or occupancy of a building, dwelling unit, rooming unit, premises
or structure by a person who is not the legal owner of record thereof,
pursuant to a written or unwritten lease, agreement or license, or
pursuant to a recorded or unrecorded agreement or contract for the
sale of land.
A building or group of buildings, existing now or in the
future, which contain living and sleeping accommodations used primarily
for transient occupancy, may be rented on a daily basis, and desk
service is provided, and has individual entrances from outside the
building to serve each such living or sleeping unit.
A person age 18 or older, who resides at a premises.
The Office of Code Enforcement for the Borough of Bridgeport.
Any person who has charge, care or control of a premises
which is offered or let for occupancy.
Any person, agent or operator having a legal or equitable
interest in the property or recorded in the official records of the
state, county or municipality as holding title to the property or
otherwise having control of the 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 of competent jurisdiction.
An owner who resides in a dwelling unit on a regular permanent
basis or who otherwise occupies a nonresidential portion of the premises
on a regular permanent basis.
Any person, partnership, firm, association, corporation or
municipal authority or any other group acting as a single unit.
The Police Department of the Borough of Bridgeport or any
member thereof sworn to enforce laws and ordinances in the Borough,
and includes the Chief of Police or his designee.
Any parcel of real property in the Borough, including the
land and all buildings and structures in which one or more rental
units are located.
A dwelling unit or rooming unit which is let for occupancy
and is occupied by one or more tenants.
Any room or groups of rooms forming a single habitable unit
occupied or intended to be occupied for sleeping or living but not
for cooking purposes.
Any person authorized by the owner or agent who occupies
a rental unit within a premises, regardless of whether such person
has executed a lease for said premises.
Zoning Ordinance as officially adopted by the Borough of
Bridgeport, as amended.[2]
Each owner who is not an owner/occupant, or
who does not reside in the Borough of Bridgeport or does not reside
within a ten-mile air radius of the Borough limits, shall appoint
an agent who shall reside in the Borough or within a ten-mile air
radius of the Borough limits.
A.
The owner has the duty to maintain the premises in
good repair, clean and sanitary condition, and to maintain the premises
in compliance with the current codes, building codes and Zoning Ordinance
of the Borough of Bridgeport. The owner may delegate implementation
of these responsibilities to an agent.
B.
The duties of the owner and/or agent shall be to receive
notices and correspondence, including service of process, from the
Borough of Bridgeport; to arrange for the inspection of the rental
units; do or arrange for the performance of maintenance, cleaning,
repair, pest control, snow and ice removal, and ensure continued compliance
of the premises with the current codes, building codes and Zoning
Ordinance in effect in the Borough of Bridgeport, as well as arrange
for garbage removal to the extent the Borough is not a party to any
waste removal contract which provides for waste removal for the premises.
C.
The name, address and telephone number of the owner
and agent, if applicable, shall be reported to the Code Enforcement
Office in writing upon registering the rental units.
D.
No dwelling unit shall be occupied knowingly by the
owner or agent by a number of persons that is in excess of the requirements
outlined in the 2003 International Property Maintenance Code, Chapter
4, Light, Ventilation, and Occupancy Limits, Section PM-404.5, Overcrowding,
or any update thereof, a copy of which is appended hereto and made
a part hereof.[1]
A.
Whenever an Inspector or Code Enforcement Officer
determines that any rental unit or premises fails to meet the requirements
set forth in the applicable codes, the Inspector or Code Enforcement
Officer shall issue a correction notice setting forth the violations
and ordering the occupant, owner or agent, as appropriate, to correct
such violations. The notice shall:
B.
All notices shall be served upon the occupant, owner
or agent, as applicable, personally or by certified mail, return receipt
requested. A copy of any notices served solely on an occupant shall
also be provided to the owner or agent. In the event service is first
attempted by mail and the notice is returned by the postal authorities
marked "unclaimed" or "refused," then the Code Enforcement Office
or Police Department shall attempt delivery by personal service on
the occupant, owner or agent, as applicable. The Code Enforcement
Office shall also post the notice at a conspicuous place on the premises.
If personal service directed to the owner or agent cannot be accomplished
after a reasonable attempt to do so, then the notice may be sent to
the owner or agent, as applicable, at the address stated on the most
current registration application for the premises in question, by
regular first class mail, postage prepaid. If such notice is not returned
by the postal authorities within five days of its deposit in the U.S.
Mail, then it shall be deemed to have been delivered to and received
by the addressee on the fifth day following its deposit in the United
States Mail.
C.
For purposes of this article, any notice hereunder
that is given to the agent shall be deemed as notice given to the
owner.
D.
There shall be a rebuttable presumption that any notice
that is given to the occupant, owner or agent under this article shall
have been received by such occupant, owner or agent if the notice
was served in the manner provided by this article.
E.
Subject to Subsection D above, a claimed lack of knowledge by the owner or agent, if applicable, of any violation hereunder cited shall be no defense to closure of rental units pursuant to § 425-17, as long as all notices prerequisite to such proceedings have been given and deemed received in accordance with the provisions of this article.
F.
All notices shall contain a reasonable time to correct
or take steps to correct violations of the above. The occupant, owner
or agent to whom the notice was addressed may request additional time
to correct violations. Requests for additional time must be in writing
and either deposited in the U.S. Mail (postmarked) or hand delivered
to the Code Enforcement Office within five days of receipt of the
notice by the occupant, owner or agent. The Borough retains the right
to deny or modify time extension requests. If the occupant, owner
or agent is attempting in good faith to correct violations but is
unable to do so within the time specified in the notice, the occupant,
owner or agent shall have the right to request such additional time
as may be needed to complete the correction work, which request shall
not be unreasonably withheld.
G.
Failure to correct violations within the time period stated in the notice of violation shall result in such actions or penalties as are set forth in § 425-18 of this article. If the notice of violation relates to actions or omissions of the occupant, and the occupant falls to make the necessary correction, the owner or agent may be required to remedy the condition. No adverse action shall be taken against an owner or agent for failure to remedy a condition so long as the owner or agent is acting with due diligence and taking bona fide steps to correct the violation, including but not limited to pursuing remedies under a lease agreement with an occupant or tenant. The Borough shall not be precluded from pursuing an enforcement action against any occupant or tenant who is deemed to be in violation.
In order to protect the health, safety and welfare
of the residents of the Borough, it is hereby declared that the Borough
shall require hazard and general liability insurance for all property
owners letting property for occupancy in the Borough.
A.
Minimum coverage; use of insurance proceeds: All owners
shall be required to obtain a minimum of $50,000 in general liability
insurance and hazard and casualty insurance in an amount sufficient
to either restore or remove the building in the event of a fire or
other casualty. Further, in the event of any fire or loss covered
by such insurance, it shall be the obligation of the owner to use
such insurance proceeds to cause the restoration or demolition or
other repair of the property in adherence to the Borough Code and
all applicable ordinances.
B.
Property owners to provide Borough with insurance information: Owners shall be required to place their insurance company name, policy number and policy expiration date on their rental property registration form or, in the alternative, to provide the Code Enforcement Office with a copy of a certificate of insurance. A registration certificate (see § 425-14 below) shall not be issued to any owner or agent unless the aforementioned information has been provided to the Code Enforcement Office. The Code Enforcement Office shall be informed of any change in policies for a particular rental property or cancellation of a policy for said property within 30 days of said change or cancellation.
A.
Information required.
(1)
No person shall hereafter occupy, allow to be occupied,
advertise for occupancy, solicit occupants for or let to another person
for occupancy any rental unit within the Borough for which an application
for license has not been made and filed with the Code Enforcement
Office and for which there is not an effective license. Initial application
and renewal shall be made upon forms furnished by the Code Enforcement
Office for such purpose and shall specifically require the following
minimum information:
(a)
Name, mailing address, street address and phone
number of the owner and, if the owner is not a natural person, the
name, address and phone number of a designated representative of the
owner.
(b)
Name, mailing address, street address and phone
number of the agent of the owner, if applicable.
(c)
The street address of the premises being registered.
(d)
The number and types of units within the premises
(dwelling units or rooming units).
(2)
The owner or agent shall notify the Code Enforcement
Office of any changes of the above information within 30 days of such
change.
B.
The initial application for registration and licensing
shall be made by personally filing an application with the Code Enforcement
Office by January 1, 2007. Thereafter, any new applicant shall file
an application before the premises is let for occupancy or within
30 days of becoming an owner of a currently registered premises. One
application per property is required, as each property will receive
its own license.
C.
Upon receipt of the initial application or any renewal thereof and the payment of applicable fees as set forth in § 425-15 below, the Code Enforcement Office shall issue a rental registration license to the owner within 30 days of receipt of payment.
D.
Each new license issued hereunder and each renewal
license shall expire on December 31 of each year. The Code Enforcement
Office shall mail license renewal applications to the owner or designated
agent on or before November 1 of each year. Renewal applications and
fees may be returned by mail or in person to the Code Enforcement
Office. A renewal license will not be issued unless the application
and appropriate fee has been remitted.
A.
Annual license fee. There shall be a license fee for the initial license and annual renewal fee thereafter. Fees shall be assessed against and payable by the owner in the amount as set from time to time by Borough Council per rental unit, payable at the time of initial registration and annual renewal, as more specifically set forth in § 425-14 above.
B.
Occupancy permit fee. There shall be a one-time occupancy
permit fee as set by Borough Council for every new occupant, which
is payable by the occupant. For purposes of initial registration under
this article, this fee shall be paid for all current occupants by
January 1, 2007. Thereafter, prior to occupying any rental unit, all
occupants shall obtain an occupancy permit. It shall be the occupant's
responsibility to submit an occupancy permit application to the Code
Enforcement Office, pay the fee and obtain the occupancy permit. If
there are multiple occupants in a single rental unit, each occupant
shall obtain his or her own permit. The owner or agent shall notify
all prospective occupants of this requirement and shall not permit
occupancy of a rental unit unless the occupant first obtains an occupancy
permit. Each occupancy permit issued is valid only for the occupant
for as long as the occupant continues to occupy the rental unit for
which such permit was applied. Any relocation to a different rental
unit requires a new occupancy permit. All occupants age 65 and older,
with adequate proof of age, shall be exempt from paying the permit
fee but shall be otherwise required to comply with this section and
the rest of the article.
(1)
Application for occupancy permits shall be made upon
forms furnished by the Code Enforcement Office for such purpose and
shall specifically require the following minimum information:
(a)
Name of occupant.
(b)
Mailing address of occupant.
(c)
Street address of rental unit for which occupant
is applying, if different from mailing address.
(d)
Name of landlord.
(e)
Date of lease commencement.
(f)
Proof of age if claiming exemption from the
permit fee.
(g)
Proper identification showing proof of legal
citizenship and/or residency.
(2)
Upon receipt of the application and the payment of
the applicable fee as set forth above, the Code Enforcement Office
shall issue an occupancy permit to the occupant immediately.
[1]
Editor's Note: The current fees resolution
is on file in the Borough Secretary's office.
B.
The designation of any person to enforce this article or authorization of an Inspector, when in writing and signed by a person authorized by Subsection A to designate or authorize an Inspector to enforce this article, shall be prima facie evidence of such authority before the Magisterial District Judge, Court of Common Pleas, or any other court, administrative body of the Borough or of this commonwealth, and the designating director or supervisor need not be called as a witness thereto.
If any person shall fail, refuse or neglect to comply with a notice of violation as set forth in § 425-12 above, the Borough shall have the right to file an enforcement action with the Magisterial District Judge against any person the Borough deems to be in violation. If, after a hearing, the Magisterial District Judge determines that such person or persons are in violation, the Magisterial District Judge may, at the Borough's request, order the closure of the rental unit(s), or assess fines in accordance with § 425-18 below, until such violations are corrected. Such order shall be stayed pending any appeal to the Court of Common Pleas of Montgomery County.
A.
Except as provided in Subsections B and C below, any person who shall violate any provision of the article shall, upon conviction thereof after notice and a hearing before the Magisterial District Judge, be sentenced to pay a fine of not less than $100 and not more than $300 plus costs, or imprisonment for a term not to exceed 90 days in default of payment. Every day that a violation of this article continues shall constitute a separate offense; provided, however, that failure to register or renew or pay appropriate fees in a timely manner shall not constitute a continuing offense but shall be a single offense not subject to daily fines.
B.
Any owner or agent who shall allow any occupant to occupy a rental unit without first obtaining an occupancy permit is in violation of § 425-15B and shall, upon conviction thereof after notice and a hearing before the Magisterial District Judge, be sentenced to pay a fine of $1,000 for each occupant that does not have an occupancy permit and $100 per occupant per day for each day that the owner or agent continues to allow each such occupant to occupy the rental unit without an occupancy permit after the owner or agent is given notice of such violation pursuant to § 425-12 above. The owner or agent shall not be held liable for the actions of occupants who allow additional occupancy in any rental unit without the owner or agent's written permission, provided that the owner or agent takes reasonable steps to remove or register such unauthorized occupant(s) within 10 days of learning of their unauthorized occupancy in the rental unit.
C.
Any occupant having an occupancy permit but who allows additional occupancy in a rental unit without first obtaining the written permission of the owner or agent and without requiring each such additional occupant to obtain his or her own occupancy permit is in violation of § 425-15B of this article and shall, upon conviction thereof after notice and a hearing before the Magisterial District Judge, be sentenced to pay a fine of $1,000 for each additional occupant permitted by occupant that does not have an occupancy permit and $100 per additional occupant per day for each day that the occupant continues to allow each such additional occupant to occupy the rental unit without an occupancy permit after occupant is given written notice of such violation by owner or agent or pursuant to § 425-12 above.
The provisions of the article shall not apply
to the following properties, which are exempt from registration and
license requirements:
A.
Hotels, motels and dormitories, whether existing now
or in the future.
B.
Rental units owned by public authorities, as defined
under the Pennsylvania Municipal Authorities Act, and dwelling units
that are part of an elderly housing multiunit building which is 75%
occupied by individuals over the age of 65.
C.
Multidwelling units that operate under Internal Revenue
Service Code Section 42, concerning entities that operate with an
elderly component.
D.
Properties which consist of a double home, half of
which is let for occupancy and half of which is owner-occupied as
the owner's residence.
All registration information collected by the
Borough under this article shall be maintained as confidential and
shall not be disseminated or released to any individual, group or
organization for any purpose except as provided herein or required
by law. Information may be released only to authorized individuals
when required during the course of an official Borough, state or federal
investigation or inquiry.
This article shall not affect violations of
any other ordinance, code or regulation existing prior to the effective
date thereof and any such violations shall be governed and shall continue
to be punishable to the full extent of the law under the provisions
of those ordinances, codes or regulations in effect at the time the
violation was committed.
