Unless otherwise expressly stated, the following terms shall, for the purpose of this article, have the meanings indicated as follows:
BOROUGHThe Borough of Marietta, Lancaster County, Pennsylvania.
CODESAny state or local code or ordinance adopted, enacted or in effect in and for the Borough.
COUNTYThe County of Lancaster.
DISRUPTIVE CONDUCTAny act by an occupant of a residential rental unit or by a person present at a residential rental unit involving public drunkenness, consumption of an alcoholic beverage in public, public urination or defecation, the unlawful depositor of trash or litter on public or private property, damage to or destruction of public or private property, the obstruction of public roads, streets, highways or sidewalks, interference with emergency or police services, unreasonable noise that disturbs other persons of reasonable sensibility in their peaceful enjoyment of their premises, use of profane or obscene language or gestures, indecent exposure, fighting or quarreling, or any other act defined as disorderly conduct in the Pennsylvania Crimes Code or any act prohibited by the ordinances of the Borough or which otherwise injures the health, safety or welfare of the residents of the Borough residing in the neighborhood or vicinity of the gathering. It is not necessary that such conduct, action, incident or behavior constitute a criminal offense, nor that criminal charges be filed against any person in order for said person to have perpetrated, caused or permitted the commission of disruptive conduct, as defined herein; provided, however, that no disruptive conduct will be deemed to have occurred unless a police officer shall investigate and make a determination that such did occur, and keep written records, including a disruptive conduct report, of such occurrences. The occupant and the owner and, if applicable, the manager shall be notified of any such occurrences, in writing.
DISRUPTIVE CONDUCT REPORTA written report of disruptive conduct to be completed by a police officer who actually investigates an alleged incident of disruptive conduct and which shall be maintained by the Housing Officer.
HOTEL UNITAny room or group of rooms located within a hotel or motel forming a single habitable unit used or intended to be used for living and sleeping only on a transient basis for a period of less than 30 days.
MANAGERA person retained by an owner to be responsible for one or more residential rental units within the Borough.
OCCUPANTAny person over one year of age living and sleeping in a residential rental unit or having actual possession of said residential rental unit.
OWNERA person who holds record title and/or the equitable owner under an agreement of sale of a property upon which a residential rental unit is erected or maintained. If more than one person owns the residential rental unit as joint tenants, tenants in common, tenants by the entireties, or tenants in copartnership, each such person shall be considered an owner and shall have all of the duties of an owner under this article.
PERSONA natural individual, unincorporated association, partnership, corporation, estate, trust or any other legally recognized entity, and the members of such partnership and the officers of such corporation.
PREMISESAny parcel of real estate within the Borough, including the land and all buildings and appurtenant structures, on which one or more residential rental units are located.
RENTAL PERMITA document issued by the Housing Officer to the owner of a residential rental unit pursuant to Chapter
184 of the Code of the Borough of Marietta, as it may be amended from time to time.
RESIDENTIAL RENTAL UNITi) A rooming unit; or ii) a dwelling unit let for rent; or iii) residential unit occupied by any persons other than one occupied solely by the owner and members of the owner's family. Each individual townhouse dwelling, each individual apartment unit, each individual unit in a multifamily building, and each rooming unit shall be considered a separate residential rental unit. If a structure contains a rooming unit or if any portion of the structure is let for rent, it shall be considered a residential rental unit whether or not the owner or a relative of the owner also resides in the structure. A residential rental unit shall not include a hotel unit or a hospital room utilized for medical services. A residential rental unit includes dwelling units under lease-purchase agreements or long-term (greater than six months) agreements of sale.
ROOMING UNITA portion of a dwelling unit, including any room or group of rooms forming a single habitable unit used or intended to be used for living and sleeping, but not for cooking purposes. Granting of permission to use shared or common cooking facilities may be associated with the leasing of a rooming unit.