The following definitions shall apply in the interpretation
and enforcement of this chapter:
AGENT
A person representing and acting on behalf of an owner.
APARTMENT
A dwelling unit occupied by one family and containing at
least one bathroom and separate eating and cooking facilities with
bath.
BOARDINGHOUSE
A one-family dwelling occupied by the owner thereof (and
his family, if applicable), portions of which building the owner lets
rooms for lodging.
CLOSED DCR
A closed DCR shall be a DCR as to which the owner or agent:
(1)
With respect to a Level 1 DCR, responds by complying with the procedures set forth in §
135-6E(3) of this chapter within 10 business days of receipt of a written notice of a Level 1 DCR.
(2)
With respect to a Level 2 DCR, responds by complying with the procedures set forth in §
135-6E(4) of this chapter within 20 business days of receipt of a written notice of a Level 2 DCR, and the Code Enforcement Officer has made a determination that the remedial plan proposed by the owner or agent pursuant to §
135-6E(4) has been performed by the owner or agent in all material respects. The owner or agent may request the Code Enforcement Officer to make such determination at the time of approval of the remedial plan or at any time thereafter. An owner or agent shall not be deemed to have failed to substantially perform a remedial plan as a result of the refusal of any judicial authority to order the eviction of any occupant, so long as the owner or agent has diligently pursued any eviction proposed in the owner or agent's remedial plan by appropriate legal proceedings to the Court of Common Pleas.
CODE ENFORCEMENT OFFICER
Any person specifically designated as such by the Council
of the Borough of Kutztown to enforce this chapter, and shall include
the duly authorized representatives of said Code Enforcement Officer.
COMMON AREA
Any open area within a structure shared by occupants or that
the occupants have the right to share, including, but not limited
to, kitchens, bathrooms, living rooms, dining rooms, attics, basements
and any room used for parties, social events or the congregation of
people, excepting bedrooms.
DISRUPTIVE CONDUCT
Any form of conduct, action, incident or behavior perpetrated,
caused or permitted by any occupant or visitor of a regulated unit
that is so loud, untimely (as to hour of the day), offensive, riotous
or that otherwise disturbs other persons of reasonable sensibility
in their peaceful enjoyment of their premises such that a report is
made to police and/or to the Code Enforcement Officer complaining
of such conduct, action, incident or behavior. It is not necessary
that such conduct, action, incident or behavior constitutes a criminal
offense, nor that criminal charges be filed against any person in
order for a person to have perpetrated, caused or permitted the commission
of disruptive conduct, as defined herein; provided, however, that
no disruptive conduct shall be deemed to have occurred unless the
Code Enforcement Officer or police shall investigate and make a determination
that such did occur, and keep written records, including a disruptive
conduct report, of such occurrence.
DISRUPTIVE CONDUCT REPORT LEVEL 1 OR LEVEL 1 DCR
A written report of disruptive conduct on a form to be prescribed therefor, in accordance with §
135-5 of this chapter, to be completed by the Code Enforcement Officer or police officer, as the case may be, who actually investigates an alleged incident of disruptive conduct and which shall be maintained by the Code Enforcement Officer. Disruptive conduct reports shall be separate from any other action taken by the police and shall be considered public documents. A DCR shall be deemed a Level 1 DCR when no criminal citation or prosecution is issued in response to the disruptive conduct and other legal action in the judicial system is not pursued by the Borough Police Department or Code Enforcement Officer.
DISRUPTIVE CONDUCT REPORT LEVEL 2 OR LEVEL 2 DCR
A written report of disruptive conduct on a form to be prescribed therefor, in accordance with §
135-5 of this chapter, to be completed by the police officer who actually investigates an alleged incident of disruptive conduct and which shall be maintained by the Code Enforcement Officer. A DCR shall be deemed a Level 2 DCR when the disruptive conduct results in the issuance of an actual criminal citation, a criminal offense is actually charged or other legal action is pursued in the judicial system by the police or Code Enforcement Officer. A Level 2 DCR may also be issued by the Code Enforcement Officer as provided in §§
135-7C and
135-6E(3) of this chapter. Level 2 DCR's shall be those DCR's in which owner and occupants shall accrue penalties, if applicable, under this chapter.
DWELLING
Any building or structure (except temporary housing) which
is wholly or partly used or intended to be used for living or sleeping
by human occupants.
DWELLING UNIT
Any group of rooms located within a dwelling and forming
a single habitable unit with facilities which are used or intended
to be used for living or sleeping.
FAMILY
As used in this chapter, the term "family" shall be defined
as:
(1)
One or more persons related by blood, marriage,
adoption or other decree of legal custody living together as a single
housekeeping unit and using cooking facilities and certain rooms in
common;
(2)
Not more than three persons unrelated, as set forth in Subsection
(1) above, living together as a single housekeeping unit and using cooking facilities and certain rooms in common; provided, however, that no related dependent of such unrelated persons shall be counted in determining the number of unrelated persons living together; or
(3)
More than three unrelated handicapped persons
living permanently together as a single housekeeping unit and using
cooking facilities and certain rooms in common; provided, however,
that such persons shall be under the supervision of a nonhandicapped
resident of the dwelling and provided, further, that the dwelling
is owned and operated by a Pennsylvania nonprofit corporation.
GUEST
A person on the premises with actual or implied consent of
an occupant, who is not an occupant.
HOUSING LICENSE
The license issued to the owner or agent of regulated units
under this chapter, which is required for the lawful letting and occupancy
of regulated units.
LICENSE YEAR
As used in this chapter, the term "license year" shall mean
August 1 of any year through July 31 of the succeeding year.
OCCUPANT
Any person over one year of age living, sleeping, cooking
or eating in a unit.
OPEN DCR
A DCR which has been issued and has not become a closed DCR.
OWNER
Any person who, individually, jointly or severally with others,
shall have legal or equitable title to or have any other legal or
beneficial interest in any unit, whether or not such person occupies
the unit or any part thereof.
PERFORMANCE CODES
All codes of the Borough of Kutztown, and specifically: Chapter
136 of the Code of the Borough of Kutztown, entitled "Property Maintenance," adopting the International Property Maintenance Code of 2003, as such chapter is amended from time to time; Chapter
225 of the Code of the Borough of Kutztown, entitled "Zoning," as such chapter is amended from time to time; Chapter
185 of the Code of the Borough of Kutztown, entitled "Solid Waste," and Chapter
119 of the Code of the Borough of Kutztown, entitled "Fire Prevention," as such chapters are amended from time to time.
PERSON
Includes any individual, firm, corporation, company, association,
partnership, trust, agent or other entity. When referring to occupancy
or maximum dwelling unit occupancy pursuant to this chapter, person
shall refer only to an individual.
POLICE
The Police Department of the Borough of Kutztown, established pursuant to Chapter
38 of the Code of the Borough of Kutztown, or any properly authorized member or officer thereof or any other law enforcement agency having jurisdiction within the Borough of Kutztown.
PREMISES
Any lot, tract or parcel of real property in the Borough
of Kutztown, including the land and all buildings and appurtenant
structures or appurtenant elements, on which one or more regulated
units are located.
REASONABLE NOTICE
In the case of nonemergency notice, five business days' advance notice by United States first class mail. Reasonable notice in emergency situations shall be determined in accordance with §
135-9C of this chapter.
RENTED ROOM
A room which is let and which is occupied by persons who
share certain facilities in common with the owner and/or with other
occupants of the dwelling, boardinghouse, rooming house or multiple
dwelling in which the let housing is located.
RESPONSIBLE PARTY
Any parent of, legal guardian of or other adult legally responsible
for any minor individual (under 18 years of age) who would be considered
an occupant for purposes of this chapter. All minor occupants shall
provide the name of the responsible party to the owner or agent of
the regulated unit at the time of the entry into a particular lease
or rental agreement, and the owner or agent shall provide this information
to the Borough.
ROOMING HOUSE
A building, other than a fraternity house, sorority house,
hotel or a motel, in which building the owner provides rooms for lodging
of individuals.
ROOMING UNIT
Any room or group of rooms located within a rooming house
forming a single habitable unit used or intended to be used for living
or sleeping purposes.
UNIT
Any apartment, rented room, rooming unit, boardinghouse,
rooming house, multiple dwelling or other dwelling unit or dwelling,
or any room or portion thereof that is offered for let.