[Adopted 12-23-2008 by Ord. No. 3228;
amended in its entirety 11-25-2014 by Ord. No. 3228.3]
As used in this article, the following terms and words shall
have the following meanings, unless the context clearly indicates
that a different meaning is intended.
CERTIFICATE OF COMPLIANCE
A document issued by the Property Maintenance Officer indicating that a rental unit registered under §§
169-3 and
169-4 of this article complies with all applicable building, property maintenance, fire, health and safety codes, ordinances, laws and regulations.
CITY
The City of Bradford, Pennsylvania, a political subdivision
of the Commonwealth of Pennsylvania established pursuant to the authority
of the Third Class City Code, 11 Pa.C.S.A. § 10101 et seq.,
or any of its various divisions, agencies, committees, employees or
representatives.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
LANDLORD
Any person, as hereinafter defined, who owns or controls
one or more rental units and rents, or who seeks to rent, such rental
unit or rental units, either personally or through a designated agent,
to any person.
OWNER
The legal title holder or holders of a rental unit or the
premises within which the rental unit is situated.
OWNER-OCCUPIED RENTAL UNIT
A rental unit that is occupied, in whole or in part, by an
individual whose name specifically appears on the deed for the premises
where the rental unit is located.
PERSON
Any natural individual, firm, partnership, association, joint-stock
company, joint venture, public or private corporation, or receiver,
executor, personal representative, trust, trustee, conservator or
any representative appointed by order of a court of competent jurisdiction.
PREMISES
A lot, plot or parcel of land, including the buildings or
structures thereon.
PROPERTY MAINTENANCE OFFICER
The City of Bradford Property Maintenance Officer appointed
by City Council to enforce the Codes of the City of Bradford or any
of his nominees, designees or agents.
RENTAL UNIT
[Amended 10-23-2018 by Ord. No. 3228.5]
A.
Any dwelling unit intended to be used as the living quarters for one or more individuals and not occupied by the owner of the property. This term shall include any non-owner-occupied living quarters, regardless of whether or not rent or other remuneration is being paid/given for the occupancy thereof, except those premises which are specifically exempted by this article. Hotels and motels as defined in the Code of the City of Bradford at Chapter
220, §
220-5 (the Zoning Ordinance), shall be exempt from this article.
B.
Structures or units that, for the purpose of estate planning,
are transferred or titled to immediate family members of the next
generation (son, daughter, stepson or stepdaughter) resides or whose
immediate family member of prior generations resides, shall be exempt
from this article.
RESPONSIBLE LOCAL AGENT
A natural person having his or her place of residence in
McKean County, or who conducts business in McKean County on a regular
or continuing basis, who has been granted legal authority by the owner,
in accordance with the laws of the commonwealth, as the agent responsible
for operating one or more rental units in compliance with the ordinances
adopted by the City and for accepting all legal notices or services
of process with respect to said rental unit(s).
STRUCTURE
Anything constructed or erected which requires permanent
location on the ground or attachment to something having such location.
TEMPORARY CERTIFICATE OF COMPLIANCE
A document issued by the Property Maintenance Officer indicating that a rental unit is registered under §§
169-3 and
169-4 of this article. This document will contain a list of all violations of any applicable building, property maintenance, fire, health and safety codes, ordinances, laws and regulations. This document shall be valid for a period of up to 30 days unless additional time is approved by the Property Maintenance Officer.
TENANT
Any individual who has the temporary use and occupancy of
real property owned by another person in subordination to that other
person's title and with that other person's consent for example, a
person who rents or leases a rental unit from a landlord.
No person shall lease, rent, occupy or otherwise allow a rental
unit within the City to be occupied without first registering that
rental unit with the Property Maintenance Officer.
A. The owner of the rental unit shall register the rental unit with the City by fully completing and filing a current registration form with the City, as provided in §
169-4 of this article.
B. Registration will be denied unless, inter alia, all of the following
requirements are met:
(1) All requirements of §
169-5, pertaining to inspection, including payment of required fees for inspection.
(2) All fees, if any, charged by the City for the registration of the
rental units are paid in full.
(3) All City real estate taxes, all City utilities, including, but not
limited to, water, garbage and sewage, and all fines imposed pursuant
to this article are paid in full.
C. The landlord and/or owner has the right to stay the denial of the
permit as per 53 Pa.C.S.A. § 6131, Act 90 of 2010, the Neighborhood
Blight Reclamation and Revitalization Act.
[Added 4-28-2015 by Ord.
No. 3228.4; amended at time of adoption of Code
(see Ch. 1, General Provisions, Art. I)]
No person shall lease, rent, occupy or otherwise allow a rental
unit within the City to be occupied without first registering the
rental unit with the City and designating a responsible local agent.
Not later than March 1 of each year, all owners shall register each
rental unit within the City in accordance with the requirements of
this article. Failure to register annually by March 1 of each year,
failure to reregister when required by this article or willful failure
to provide accurate information on the registration form shall constitute
violations of this article.
A. Registration forms. Registration shall be made upon forms furnished
by the City and shall, for every structure, require all of the following
information:
(1) The street address, ward and lot number of the rental unit(s);
(3) The name, residence address, telephone number and, where applicable,
an email address, mobile telephone number and facsimile number of
all owners of the rental unit(s);
(4) Name, residence address, telephone number and, where applicable,
an email address, mobile telephone number and facsimile number of
the responsible local agent designated by the owner or owners;
(5) The maximum number of tenants permitted by the owner and/or responsible
local agent in each unit;
(6) The name, address, telephone number and, where applicable, an email
address, mobile telephone number and facsimile number of the person
authorized to make or order repairs or services for each rental unit,
if the person is other than the owner or the responsible local agent;
(9) The name, address and telephone number of any entity which insures
the rental unit for fire or casualty.
B. Accurate and complete information. All information provided on the
registration form shall be accurate and complete. No person shall
willfully provide inaccurate information for the registration of a
rental unit or fail to provide the information required for such registration.
The registration form shall be signed by the owner(s). When the owner
is not a natural person, the owner information shall be that of the
president, general manager or other chief executive of the organization.
When more than one person has an ownership interest, the required
information shall be provided for each owner.
C. Transfer of property. If a premise is transferred to a new owner,
the new owner of a registered rental unit shall reregister the rental
unit at the time of transfer.
D. Change in designated responsible local agent. Owners shall notify
the Property Maintenance Officer, in writing, of any change in the
designation of the responsible local agent, including a change in
name, address, email address, telephone number, mobile telephone number
or facsimile number of the designated responsible local agent, within
five business days of the change.
E. Registration term and renewals. Registration of a rental unit shall
be effective for one calendar year. All registrations shall expire
on December 31 of each year.
F. Registration fees. Registration fees shall be paid on an annual basis
at the time the rental unit(s) is registered. The fee shall be as
set from time to time by resolution of the City Council.
[Amended 10-23-2018 by Ord. No. 3228.5; 12-11-2018 by Ord. No. 3228.6; 11-26-2019 by Ord. No. 3228.7; at time of adoption
of Code (see Ch. 1, General Provisions, Art. I)]
Any rental unit which lacks a certificate of compliance or temporary certificate of compliance is in violation of this article and shall be treated as an unlawful structure consistent with the standards adopted in §
163-1 of the City's Property Maintenance Code.
The issuance of a certificate of compliance or a temporary certificate
of compliance shall not impose any liability upon the City for any
errors or omissions which resulted in the issuances of such certificate,
nor shall the City be responsible for any liability not otherwise
imposed by law.
[Amended 4-28-2015 by Ord. No. 3228.4]
A. Any owner, occupant or tenant who shall fail to comply with any section of this ordinance shall be guilty of a violation and shall be subject to fines set forth in §
212-6 of this Code.
B. Pursuant to 11 Pa.C.S.A. § 12435, and pursuant to 11 Pa.C.S.A.
§ 141A04(c), a violation of this article shall constitute
a summary offense punishable as follows:
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
(1) First violation: Costs of prosecution and a fine of $300 or 30 days
imprisonment, or both.
(2) Second violation: Costs of prosecution and a fine of $600 or 60 days
imprisonment, or both.
(3) Third and each subsequent violation: Costs of prosecution and either
a fine of $1,000 or 90 days imprisonment, or both.
C. Each violation of this article and each day the violation is continued
shall be deemed a separate offense. A separate violation shall exist
for each unregistered unit and shall be deemed a separate offense.
D. The owner and the agent designated by the owner shall be subject
to the penalties referenced above.