[HISTORY: Adopted by the Borough Council
of the Borough of Moosic as indicated in article histories. Amendments
noted where applicable.]
[Adopted 12-12-2000 by Ord. No. 17-2000]
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 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.
Borough of Moosic.
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 Code Enforcement Officer.
A person who resides at a premises, such as a tenant, or
any other individual that is allowed on premises by such resident
or tenant.
One or more persons, jointly or separately, in whom 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.
Any natural person, partnership, firm, association, corporation,
or municipal authority.
The Police Department of the Borough of Moosic
or any member thereof sworn to enforce laws and ordinances of the
Borough; includes the Code Enforcement Officer or his designee.
The Police Department of the Borough of Moosic
or any member thereof sworn to enforce laws and ordinances of the
Borough; includes the Police Chief or his designee.
Any parcel or real property in the Borough, including the
land and all buildings and apartment structures or apartment elements
on which one or more rental units are located.
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.
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.
Any person who occupies a rental unit within a rental property
regardless of whether such person has executed a lease for said premises.
A.Â
The owner has the duty to maintain the premises in
good repair, clean and sanitary conditions, and to maintain the premises
in compliance with the current BOCA codes, building codes and Zoning
Code of the Borough of Moosic.[1]
B.Â
It shall be the duty of the owner 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.Â
It shall be the duty of the owner, upon the receipt
of disruptive conduct reports from the Borough of Moosic, 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.Â
If a rental unit is closed due to three disruptive
conduct reports, it shall be the responsibility of the occupant to
find housing at their own expense.
E.Â
If a rental unit is condemned due to the negligence
of the owner, it shall be the responsibility of the owner to find
housing for the occupants at the owner's expense.
A.Â
It is the duty of occupants to maintain their rental
unit in good sanitary condition, to report necessary repairs, to properly
dispose of garbage, and to avoid disruptive conduct which may damage
the premises, be a breach of the peace and disturb the community.
D.Â
An occupant shall not intentionally cause, nor permit,
nor tolerate others to damage the rental unit, common areas, or the
premises.
E.Â
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.
The Borough may close a rental unit pursuant
to this article when one or more of the following events occur:
A.Â
A riot as defined in Title 18 of the Pennsylvania
statutes occurs on the premises.
B.Â
Three or more violations of this article have occurred
in a rental unit or on the premises within any six-month period.
C.Â
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.
D.Â
The rental unit, common areas or the premises are
condemned by the Borough or the Fire Department or Borough Engineer
as unsafe for human occupancy, or structurally unsafe.
E.Â
The owner has failed to comply with the BOCA codes,
building codes and zoning code of the Borough of Moosic; if violations
thereof are found in inspection then an owner after written notice
of violation has failed to come into compliance with them within such
time as the Borough may state.
The following persons are hereby authorized
to enforce this article: the Chief of Police or any police officer
of the Borough of Moosic; the Code Enforcement Officer of the Borough
of Moosic; or any inspector authorized by the Borough of Moosic.
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.
Any person, firm or corporation who shall violate
any provision of the article shall, upon conviction thereof, be sentenced
to pay a fine of no more than $600, plus costs of prosecution, and,
in default of payment of such fine and costs, to imprisonment for
a term not to exceed 30 days. Every day that a violation of this article
continues shall constitute a separate offense.
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 regulations 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.
Any person aggrieved by an order of the Borough
for closure of a rental unit issued under this article may appeal
each order, within 20 days from the date thereof, to the Council of
the Borough of Moosic by filing any appeal and paying the Borough
an appeal fee of $150.
[Adopted 12-14-2010 by Ord. No. 13-2010]
This article is enacted to provide for the uniform and equitable
distribution of the tax levies in the Borough of Moosic and upon the
inhabitants thereof and to promote the health, safety, morals and
general welfare of the inhabitants of the Borough of Moosic.
As used in this article, the following terms shall have the
meanings indicated, unless a different meaning clearly appears from
the context:
One or more rooms used for living and sleeping purposes arranged
for occupancy by one family or by one or more persons.
A lessor, or person who acts as agent for the lessor, regarding
any parcel of real estate located in the Borough of Moosic, leased
or available for lease as a dwelling unit. Except for the purpose
of this article, landlord shall not include any person owning and/or
leasing less than ten dwelling units or parcels of real estate.
Any individual, partnership, association, firm or corporation.
A person who has the use, either by himself or with others,
of a dwelling unit or a business unit owned by a person other than
himself, for a period exceeding 30 days.
Within 30 days from the effective date of this article, each
landlord shall submit to the Borough Manager a report on a form supplied
by the Borough Secretary, which includes the following information:
A.Â
List of the dwelling units owned by the landlord, located within
the Borough of Moosic limits, whether occupied or not occupied;
B.Â
Address of each dwelling unit;
C.Â
Brief description of each dwelling unit;
D.Â
Whether or not said dwelling unit is inhabited or utilized by tenants;
E.Â
Names of the tenant or tenants utilizing the aforementioned dwelling
unit, if any.
After the effective date of this article, any person who becomes a landlord of any parcel of real estate or any improvement on real estate or building locating in the Borough of Moosic by agreement of sale, by deed, or by any other means, shall, within 30 days thereafter, report to the Borough Secretary the information and data set forth in § 237-13 above, and on forms to be provided by the Borough Secretary.
After the effective date of this article, each and every landlord
of residential dwelling units within the Borough of Moosic shall report
to the Borough Secretary, on a report form to be supplied by the Borough
Manager, any change in the use or occupancy of any dwelling unit owned
by such landlord. The reported change shall include the name or names
of new tenants of such dwelling unit, the date when such change was
effected, and the forwarding address of the old tenant or tenants
if known. A landlord of a hotel, inn or boarding house shall not be
required to report a person as a tenant until that person has resided
in such landlord's establishment for a period exceeding 30 days.
All reports required by this section shall be made within 10 days
after a landlord has knowledge that such a unit has had a change in
occupancy.
The Borough Secretary has the authority of this article and
shall:
A.Â
Maintain on file at the Borough of Moosic office, the names of the
landlords owning dwelling units in the Borough of Moosic, said list
to include the names of the current tenants of said dwelling units;
A person who shall violate any provision of this article shall,
upon conviction thereof, be sentenced to pay a fine of not more than
$600, and in default of payment, to imprisonment for a term not to
exceed 30 days.
This article is enacted by the Council of the Borough of Moosic
under the authority of the Act of Legislature, February 1, 1966, P.L.
191965, No. 581, Section 1005, as amended 1979, November 2, P.L. 458,
No. 94, 53 P.S. Section 46005, et seq., known as the Borough Code
and any other applicable law arising under the laws of the Commonwealth
of Pennsylvania.
