[Adopted 7-10-2007 by Ord. No. 2007-006, approved 7-10-2007]
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 under
the provisions of this article by the owner.
Borough of Bridgeport.
Any form of conduct, action, incident or behavior perpetrated,
caused or permitted by any occupant or visitor of a rental unit that
is so loud, offensive, riotous or that otherwise disturbs other persons
of ordinary sensibility in their peaceful enjoyment of their premises
such that a report is made to the Police Department complaining of
such conduct, action, incident or behavior. It is not necessary that
such conduct, action incident or behavior constitute a criminal offense,
nor that criminal charges be filed against any person, occupant or
visitor in order for a person, occupant or visitor to have perpetrated,
caused or permitted the commission of the disruptive conduct, as defined
herein. Provided, however, that no disruptive conduct shall be deemed
to have occurred unless the Police Department shall have investigated
and made a determination that such did occur, and keep written record,
including a disruptive conduct report or police report, of such occurrence.
A copy of such report shall be submitted to the Borough of Bridgeport,
Office of the Borough Manager. A copy of the report shall also be
forwarded to the owner or agent within 10 days of the Borough of Bridgeport
receiving the report from the police.
A written report from the Police Department to the Borough
Manager of the Borough of Bridgeport or his/her designee. Disruptive
conduct reports shall be maintained by the Borough of Bridgeport.
A single habitable living unit, having its own toilet, bath
or shower, sink, sleeping and cooking facilities and separate access
to the outside at ground level. There may be more than one dwelling
unit on a premises.
A person who resides at a premises, such as a tenant, or
any other individual that is allowed on the premises by such resident
or tenant.
Any person who has charge, care or control of a rental property.
An owner who resides in a dwelling unit on a regular permanent
basis.
One or more persons, jointly or separately, in who is vested
all or part of the legal title to the premises, or all or part of
the beneficial ownership and right to present use and enjoyment of
the premises, including a mortgage holder in possession of a rental
unit. For purposes of this article, also includes a landlord.
The Police Department of the Borough of Bridgeport or any
member thereof sworn to enforce laws and ordinances in the Borough,
includes the Superintendent of Police or his designee.
A dwelling unit occupied by one or more tenants. Does not
include, for purposes of this article, a dormitory room occupied by
one or more students.
A.
It shall be the duty of the owner or agent to permit
inspection of the premises or any rental unit therein by Inspectors,
the Borough Manager of the Borough of Bridgeport or his/her designee,
the Borough Police and Fire Departments at reasonable times after
designation as may be necessary to ensure health, safety and welfare
of the tenants, to respond after disruptive conduct to maintain peace
and order and to ensure compliance with all current international
codes, building codes, zoning code and health regulations. In the
event that access is refused, the Borough of Bridgeport is authorized
to obtain a warrant from a judicial officer and may cite in support
of the request a disruptive conduct report, any alleged violation
of this or other Borough ordinances, and any facts suggesting any
threat to the public health or safety.
B.
It shall be the duty of the owner and agent to discourage
and prevent as may be possible disruptive conduct which may result
in damage to the premises, breach of the peace and disturbances of
the community.
C.
It shall be the duty of the owner or agent, upon the
receipt of disruptive conduct reports from the Borough of Bridgeport,
to contact the occupants, and to remind them of their responsibility
for their conduct and that, under this article, occupancy of the rental
unit can be closed for a period of up to six months.
D.
It shall be the responsibility of the owner or agent
to produce a lease upon request from the Borough of Bridgeport whenever
it is deemed necessary by the Borough to enforce the Borough and zoning
codes.
E.
If a rental unit is closed due to three disruptive
conduct reports, it shall be the responsibility of the occupant to
find housing at his own expense.
A.
It is the duty of occupants to avoid disruptive conduct
which may damage the premises, be a breach of the peace and disturb
the community.
B.
An occupant shall not intentionally cause, nor permit,
nor tolerate others committing disruptive conduct in the rental unit,
in the common areas, and on the premises.
A.
The Borough of Bridgeport may close a rental unit
pursuant to this article when one or more of the following events
occurs:
(1)
A riot as defined in Title 18 of the Pennsylvania
Statutes occurs on the premises.
(2)
Three or more violations of this article have occurred
in a rental unit or on the premises within any twelve-month period.
(3)
An occupant of a rental unit who has implied or actual
knowledge of drug activity or is convicted in a court of competent
jurisdiction of selling or distributing narcotics or controlled substances,
as these terms are defined in the Pennsylvania Statutes, in the rental
unit, common areas or on the premises.
(4)
The rental unit, common areas or the premises are
condemned by the Borough of Bridgeport or the Fire Department or the
Borough Engineer as unsafe for human occupancy or structurally unsafe.
(5)
The owner has failed to appoint an agent or respond
to notices from the Borough of Bridgeport.
(6)
The owner has failed to comply with the international
codes, building codes and zoning codes of the Borough of Bridgeport,
if violations thereof are found in inspection, when an owner after
written notice of violations has failed to come into compliance with
them within such time as the Borough may state.
B.
Any person aggrieved by an order by the Borough for
closure of a rental unit issued under this article relating to housing,
building, health or disruptive conduct may appeal such order within
20 days from the date thereof to the Housing Appeals Board or Disruptive
Conduct Board by filing an appeal and paying a fee as set from time
to time by resolution of the Borough Council.[1]
A.
All notices shall be sent to the owner and manager,
if applicable, by certified mail. In the event that the notice is
returned by the postal authorities marked "unclaimed" or "refused,"
then the Borough of Bridgeport or Police Department shall attempt
delivery by personal service on the owner or agent, if applicable.
The Borough of Bridgeport shall also post the notice at a conspicuous
place on the premises.
B.
If personal service cannot be accomplished after a
reasonable attempt to do so, then the notice may be sent to the owner
or agent 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 required
hereunder to be given to the agent shall be deemed as notice given
to the owner.
D.
There shall be a rebuttable presumption that any notice
required to be given to the owner under this article shall have been
received by such owner if the notice was given to the owner in the
manner provided by this article.
E.
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, as long as all notices prerequisite to
such proceedings have been given and deemed received in accordance
with the provisions of this article.
A.
The following persons are hereby authorized to enforce
this article: the Chief of Police and any police officer of the Borough
of Bridgeport; the Borough Code Official(s) or designee; the Borough
Manager of the Borough of Bridgeport or his/her designee; Inspectors,
Zoning Officer, assistant Zoning Officer, and current code administrators
of the Borough of Bridgeport when authorized by the Borough of Bridgeport.
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.
A.
If any person shall fail, refuse or neglect to comply
with the provisions of this article, or any rules or regulations,
or any reasonable orders or directions of a Borough representative
in reference thereto, the Borough may order the closure of the rental
units until such conditions or orders are complied with.
B.
Exemptions to the article: rental units owned by public
authorities, as defined under the Municipal Authorities Act and elderly
multi-dwelling units that are occupied by 75% of persons over the
age of 65 years of age. Multi-dwelling units that operate under Internal
Revenue Service Code Section 42, concerning entities that operate
with an elderly component.
The provisions of the article shall not apply
to properties which are hotels or dormitories.
This article shall not affect violations of
any other ordinance, code or regulation existing prior to the effective
date hereof, 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.
