The Borough Council (hereinafter the "Council")
hereby finds that:
A. There is a greater incidence and greater severity
of violations of various Borough codes at residential rental properties
than at owner- occupied residential properties; and
B. There is a greater incidence of problems with the
maintenance and upkeep of residential rental properties than at owner-occupied
residential properties; and
C. There is a greater incidence of problems with the
maintenance and upkeep of residential rental properties where owners
or their representatives do not reside within or near the Borough
of Catasauqua (hereinafter "Borough"); and
D. There is a greater incidence of disturbances which
adversely affect the peace and quiet of the neighborhood at residential
rental properties than at owner-occupied residential properties; and
E. A systematic license and inspection process can avoid
life-threatening problems, including, but not limited to, lack of
functioning smoke detectors, faulty mechanical equipment, inadequate
or unsafe electrical equipment and substandard living and health conditions;
and
F. A system of inspection and licensing with respect
to residential rental units will assist in maintaining the accuracy
of tax records; and
G. With respect to boardinghouses, because of shorter
lease terms and the transient nature of the same, the above considerations
are of equal, if not increased importance and relevancy to the operation
of boardinghouses in the Borough; and
H. The regulation and licensing of all residential rental
units, apartment houses, boardinghouse units and boardinghouses represent
a lawful and necessary exercise of the police power under the Borough
Code in order to preserve and protect the public health, safety and
general welfare.
As used in this chapter the following words
and phrases shall have the following meanings.
ACTIVE WORKING FIRE
An actual fire which occurs inside a residential structure
and which results in a response to the property by a fire department.
The scope of any inspection hereunder which results from an active
working fire call shall be at the discretion of the Borough.
[Added 12-19-2011 by Ord.
No. 1275]
ADDENDUM
A contractual agreement between an owner and an occupant
which sets forth the obligations of persons under this chapter and
in a form approved by the Code Enforcement Officer.
BOARDINGHOUSE
[Amended 12-19-2011 by Ord. No. 1275]
A.
A residential use in which:
(1)
Room(s) that do not meet the definition of a lawful dwelling
unit are rented for habitation; or
(2)
A dwelling unit includes greater than the permitted maximum
number of unrelated persons.
B.
A boardinghouse shall not include a use that meets the Zoning
Ordinance definitions of hotel, dormitory, motel, life care center,
personal care center, bed-and-breakfast inn, group home or nursing
home. A college fraternity house, sorority house or personal
day care center not meeting the Zoning Ordinance definition with respect
to licensing, and all used as residences, shall be considered types
of boardinghouses. A boardinghouse may either involve or not involve
the providing of meals to residents, but shall not include a restaurant
open to the public unless the use also meets the requirements for
a restaurant. A boardinghouse shall primarily serve persons residing
on site for five or more consecutive days.
BOROUGH
The Borough of Catasauqua, Lehigh County, Pennsylvania.
BUSINESS DAYS
Days and hours in which the offices of the Borough of Catasauqua
are open for public business.
CODE
Any law, regulation, ordinance or code adopted, enacted,
and/or in effect in and for the Borough of Catasauqua relating in
any way to the fitness for habitation or the construction, maintenance,
operation, occupancy, vermin or rodent control or any public health
matters or the use or appearance of any premises, dwelling or dwelling
unit.
CODE ENFORCEMENT OFFICER
A duly appointed Borough official having the duty to enforce
this chapter, the Zoning Ordinance, the Uniform Construction Code and any other property maintenance code or ordinance relating
to the condition or use of property in the Borough, and any assistants,
deputies or police officers duly appointed.
COMMON AREA
In multi-unit buildings, interior and exterior space which
is not part of an individual regulated rental unit and which is shared
among occupants of the dwelling. Common areas shall be considered
part of the premises for purposes of this chapter.
DISRUPTIVE CONDUCT
A.
A form of conduct, action, incident or behavior
perpetrated, caused or permitted by an owner, occupant or guest of
a regulated rental unit which:
(1)
Violates Borough ordinances and/or codes and
is so loud, untimely as to time of day, offensive and/or nuisance-causing,
that it unreasonably interferes with the peaceful enjoyment by other
persons of their premises and/or dwelling units or causes damage to
property that is owned by others;
[Amended 12-19-2011 by Ord. No. 1275]
(2)
Involves music or noise that is audible from
a street, sidewalk or dwelling from a minimum distance of 50 feet
away from the premises where the sound is originating;
(3)
Is the subject of a criminal citation for disorderly
conduct;
(4)
Involves damage to the premises in excess of
$500; or
(5)
Is the subject of a criminal citation under
the Pennsylvania Crimes Code or the Pennsylvania Liquor Code.
B.
In order for disruptive conduct to constitute
an offense under this chapter, a written report must be issued by
a Code Enforcement Officer or police officer and notice must be sent
to an owner, occupant and/or manager.
[Amended 12-19-2011 by Ord. No. 1275]
C.
Disruptive conduct shall not constitute contact made to the
police by the tenant or tenants for police or emergency assistance
by or on behalf of a victim of abuse as defined in 23 Pa.C.S.A. § 6102
(relating to definition), a victim of a crime pursuant to 18 Pa.C.S.A.
(relating to crimes and offenses), or an individual in an emergency
pursuant to 35 Pa.C.S.A. 35 § 8103 (relating to definitions)
if the contact is made to the police based upon the reasonable belief
of the person making the contact that intervention or emergency assistance
is necessary to prevent the perpetration or escalation of the abuse,
crime or emergency or if the intervention or emergency assistance
was actually needed in response to the abuse, crime or emergency.
[Added 4-6-2015 by Ord.
No. 1313]
DISRUPTIVE CONDUCT REPORT
A written report providing notice of disruptive conduct,
including, but not limited to, police reports, which is prepared by
a Code Enforcement Officer.
[Amended 12-19-2011 by Ord. No. 1275]
DWELLING
A building which includes one or more regulated rental units.
DWELLING UNIT
A residential living area for one household that is used
for living and sleeping purposes, and that may have its own cooking
facilities, and a bathroom with a toilet, bathtub and/or shower.
GUEST
A person on the premises of a regulated rental unit with
the actual or implied consent of an owner or occupant.
MANAGER
An adult individual or other legal entity designated by the
owner to operate a dwelling and to perform the obligations of the
owner under this chapter and any rental agreements with the occupant(s).
The manager shall be the agent of the owner for service of process
and receiving notices or demands under this chapter. The manager may
reside in the dwelling.
OCCUPANT
An individual who resides in a regulated rental unit.
OWNER
One or more persons in whom is vested all or part of the
legal title to the premises, or all or part of the beneficial ownership
of the premises.
PERSON
A natural person, partnership, corporation, unincorporated
association, limited liability company, limited liability partnership,
trust or any other legal entity.
PREMISES
The land and all buildings, dwellings and structures located
thereon and on which one or more regulated rental units are located.
PROPERTY ADDRESS
The road name and street number allocated within the Borough and may include where there are multiple tenements within a property or multiple properties to one street number, the use of lot or unit numbers. In order to meet the Pennsylvania Emergency Response and Disaster Preparedness System and the 911 Act, all property addresses must be assigned by the Borough Engineer in accordance with Chapter
120, Buildings.
[Added 5-3-2021 by Ord.
No. 1404]
REGULATED RENTAL UNIT
A dwelling unit, including a boardinghouse unit, that is
occupied for residential purposes in consideration for the payment
of rent as defined herein and is not an owner-occupied dwelling unit.
RENT
Consideration paid or given in return for occupancy of a
regulated rental unit. Rent may be in the form of money, barter or
in-kind transfers and the receipt thereof may be imputed in accordance
with tax law.
RENTAL AGREEMENT
A written agreement between an owner and tenant which is
required to be supplemented by the addendum provided for in this chapter
or to otherwise contain the terms of the addendum and which contains
the terms and conditions relating to the use and occupancy of a regulated
rental unit.
RENTAL LICENSE
A license issued pursuant to this chapter to the owner of
a regulated rental unit under and which is required to lawfully rent
that unit.
REVOCATION
The loss of any permit or license granted hereunder.
SUSPENSION
The temporary loss of any permit or license granted hereunder
which is subject to reinstatement in accordance with the terms of
this chapter.
UNREGULATED RENTAL UNIT
A dwelling unit, including a boardinghouse unit, which is
occupied for residential purposes by a person related by blood or
marriage to the owner of the unit, and which unit is not also occupied
by the owner.
[Added 12-19-2011 by Ord.
No. 1275]
UNRELATED PERSONS
Two or more persons who reside in a dwelling unit and who
are not related to each other through blood, adoption, marriage or
formal foster relationship.
Where a regulated rental unit is owned by more
than one person, each person shall be jointly and severally responsible
for a violation of this chapter, and each person shall be separately
subject to prosecution for such violation.
[Added 5-3-2021 by Ord. No. 1404]
A. In order to enhance the Lehigh County E911 System and to provide for a uniform Borough-wide addressing system, the Borough Engineer is hereby responsible for the assignment of all street and house numbers to all premises located within the Borough in accordance with Chapter
120, Buildings. A uniform Borough-wide addressing system is necessary to assist fire, rescue, ambulance companies, law enforcement agencies, the postal service and the public in the timely and efficient provision of services to residents and businesses throughout the Borough.
B. All premises
shall have only one street name and number assigned by the Borough
Engineer. Individual regulated rental units located in any building,
dwelling or structure located thereon may be assigned an individual
unit number by the owner, and individual mailboxes may be located
on the building, dwelling or structure displaying said individual
unit number.
C. No premises
shall be permitted to have more than one street name and number.