[HISTORY: Adopted by the Borough Council of the Borough of Freedom
as indicated in article histories. Amendments noted where applicable.]
[Adopted 9-13-1982 as Ord. No. 455]
The following words, when used in this Article, shall have the meanings
ascribed to them in this section except where the context clearly indicates
or requires a different meaning:
The Borough of Freedom, Beaver County, Pennsylvania.
A person or persons who have the use of real estate as a lessee and
are responsible for the giving of any type of consideration therefor or who
occupies any real estate with the consent of the owner or lawful possessor
thereof without being liable for the payment of any consideration, monetary
or otherwise, excluding those who are lessees for a period of less than 30
days.
Any person who grants a lease or rents real estate or otherwise permits
the use of his real estate or a portion thereof for a consideration, monetary
or otherwise, or who permits his real estate or a portion thereof to be occupied,
without consideration, by any person or persons.
Any natural person, partnership, association, firm or corporation.
All lessors, within 30 days after the effective date of this Article,
or in case of real estate thereafter acquired or thereafter rented or becoming
available for rental within 30 days after acquisition, rental or availability
for rental thereof, as the case may be, shall report the rental, acquisition
or availability for rental thereof to the Secretary of the Borough upon forms
to be provided by the Borough and shall also report on said forms the number
of parcels or units of real estate presently rented or available for rental,
together with a description by street address or some other meaningful method
of identifying said parcels or units and the name or names or the lessee of
each such parcel or unit occupied at the time of filing of the report.
Any change in the occupancy of real estate rented or leased or in the identity of the lessee from that shown in the report of the lessor, filed as required in § 160-2 hereof, shall be reported by the lessor to the Secretary of the Borough within 10 days after such change. It is intended hereby that lessors shall report each new lessee, or each lessee who rents or leases a unit or parcel of lessor's real estate different from that shown on the report then on file in the Office of the Secretary of the Borough, or who rents or leases a unit or parcel of real estate after said unit or parcel became vacant or first becomes available for rent or lease.
The Secretary of the Borough shall prepare a report form entitled "Status
of Occupancy Report," which report form shall require the information set
forth above and such other pertinent information as the Borough Council, by
resolution, may direct. The failure to have such report forms available, however,
shall not excuse the obligation of lessors to provide the information required
herein to the Secretary of the Borough.
The police officers of the Borough of Freedom are hereby directed to
aid and assist the Secretary of the Borough in any necessary investigation
of the rental or lease status of parcels or units of real estate in the Borough
of Freedom rented, leased or available for rental or leasing.
Any lessor violating the provisions of this Article, or who furnishes
false information to the Borough, or who uses a false name or address in any
report required by this Article shall, upon conviction, be sentenced to pay
a fine not exceeding $600, together with costs of prosecution, or to undergo
imprisonment for a term not to exceed 30 days.
[Adopted 9-10-2003 by Ord. No. 528]
As used in this article, the following terms shall have the meanings
indicated:
Borough of Freedom, Beaver County, Pennsylvania.
Any form of conduct, action, incident or behavior perpetrated, caused
or permitted by any occupant or visitor of a regulated dwelling unit that
is so loud, untimely (time of day), offensive, riotous or that otherwise disturbs
other persons of reasonable sensibility in the peaceful enjoyment of their
premises that a report is made to the police complaining of such action, conduct,
incident or behavior. It is not necessary that such action, conduct, incident
or behavior constitute 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 disruptive conduct shall not be deemed to have occurred unless the police
shall investigate and make a determination that such did occur and make a
record of such occurrence.
A written report of disruptive conduct on a form to be prescribed
therefor, 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 building having one or more dwelling units.
A room or group of rooms within a dwelling and forming a single unit
and used for living and sleeping purposes, having its own cooking facilities,
and a bathroom with a toilet and a bathtub or shower.
A person on the premises with the actual or implied consent of occupant.
Any conduct declared illegal under the Pennsylvania Crimes Code (18
P.S. § 1-101 et seq.), the Liquor Code (47 P.S. § 1-101
et seq.) or the Controlled Substance, Drug, Device and Cosmetic Act (35 P.S.
§ 780-101 et seq.).
One or more persons, jointly or severally, in whom is vested all
or part of the legal title to the premises or all or part of the beneficial
ownership and a right to present use and enjoyment of the premises, including
a mortgage holder in possession of a regulated rental unit. (Same as owner).
An adult individual designated by the owner of a regulated rental
unit. The manager shall be the agent of the owner for service of process and
receiving notices or demands and to perform the obligations of the owner under
this article and under rental agreement with occupants.
A building containing three or more independent dwelling units, including,
but not limited to, double houses, row houses, townhouses, condominiums, apartment
houses and conversion apartments.
The license issued to the owner of regulated rental units under this
article which is required for the lawful rental and occupancy of regulated
rental units.
An individual who resides in a regulated rental unit, whether or
not he or she is the owner thereof, with whom a legal relationship with the
owner/landlord is established by a written lease or by the laws of the Commonwealth
of Pennsylvania.
One or more persons, jointly or severally, in whom is vested all
or part of the legal title to the premises or all or part of the beneficial
ownership and a right to present use and enjoyment of the premises, including
a mortgage holder in possession of a regulated rental unit.
A dwelling unit in which the owner resides on a regular, permanent
basis.
Conduct that will not disrupt the enjoyment of adjacent or nearby
dwellings by the persons occupying same.
A natural person, partnership, corporation, unincorporated association,
limited partnership, trust or other entity.
The Police Department of the Borough of Freedom or any properly authorized
member cr officer thereof or any other law enforcement agency having jurisdiction
within the Borough of Freedom.
Any parcel of real property in the Borough, including the land and
all buildings and appurtenant structures or appurtenant elements on which
one or more regulated rental units is located.
A written agreement between owner/landlord and occupant/tenant supplemented
by the addendum embodying the terms and conditions concerning the use and
occupancy of a specified regulated rental unit or premises.
The occupancy or use of a regulated rental unit for no other purpose
than as a residence.
An individual who resides in a regulated rental unit, whether or
not he or she is the owner thereof, with whom a legal relationship with the
owner/landlord is established by a written lease or by the laws of the Commonwealth
of Pennsylvania. (Same as "occupant.")
Of or pertaining to two or more persons not related to one another
through blood to the level of second cousins, adoption or marriage.
A.
General.
(1)
It shall be the duty of every owner to keep and maintain
all regulated rental units in compliance with all applicable codes and provisions
of all other applicable state laws and regulations and local ordinance and
to keep such property in good and safe condition.
(2)
As provided for in this article, every owner shall be
responsible for regulating the proper and lawful use and maintenance of every
dwelling which he, she or it owns. As provided for in this article, every
owner shall also be responsible for regulating the conduct and activities
of the occupants of every regulated rental unit which he, she or it owns in
the Borough, which conduct or activity takes place at such regulated rental
unit or its premises.
(3)
In order to achieve those ends, every owner of a regulated
rental unit shall regulate the conduct and activity of this occupants thereof,
both contractually and through enforcement, as more fully set forth below.
(4)
This section shall not be construed as diminishing or
relieving, in any way, the responsibility of occupants or their guests for
their conduct or activity; nor shall it be construed as an assignment, transfer
or projection over or onto any owner of any responsibility or liability which
occupants or their guests may have as a result of their conduct or activity
under any private cause of action, civil or criminal enforcement proceedings
or criminal law; nor shall this section be construed so as to require an owner
to indemnify or defend occupants or their guests when any such action or proceeding
is brought against the occupant based upon the occupant's conduct or
activity. Nothing herein is intended to impose any additional civil/criminal
liability upon owners other than that which is imposed by existing law.
(5)
This article is not intended, nor shall its effect be,
to limit any other enforcement remedies which may be available to the Borough
against an owner, occupant or guest thereof.
B.
Designation of manager. Every owner who is not a full-time
resident of the Borough of Freedom or elsewhere in an area that is a local
telephone call from the Borough of Freedom shall designate a manager who shall
reside in an area that is a local telephone call from the Borough of Freedom.
If the owner is a corporation, a manager shall be required if an officer of
the corporation does not reside in the aforesaid calling area. The officer
shall perform the same function as a manager. If the owner is a partnership,
a manager shall be required if a partner does not reside in the aforesaid
calling area. Said partner shall perform the same function as a manager. The
manager shall be the agent of the owner for service of process and receiving
of notices and demands, as well as for performing the obligations of the owner
under this article and under rental agreements with occupants. The identity,
address and telephone number(s) of a person who is designated as manager hereunder
shall be provided by owner or manager to the Borough, and such information
shall be kept current and updated as it changes.
C.
D.
Maintenance of premises.
(1)
The owner shall maintain the premises in compliance with
the codes of the Borough and shall regularly perform all routine maintenance,
including lawn mowing and ice and snow removal, and shall promptly make any
and all repairs necessary to fulfill this obligation.
(2)
The owner and occupant may agree that the occupant is
to perform specific repairs, maintenance tasks, alterations or remodeling.
In such case, however, said agreement between the owner and occupant must
be in writing. Such an agreement may be entered into between the owner and
occupant only if:
(3)
In no case shall the existence of any agreement between
owner and occupant relieve an owner of any responsibility under this article
or other ordinances or codes for maintenance of premises.
E.
Written rental agreement.
(1)
All rental agreements for regulated dwelling units shall
be in writing and shall be supplemented with the addendum. No oral leases
and no oral modifications thereof are permitted. All disclosure and information
required to be given to occupants by the owner shall be furnished before the
signing of the rental agreement. The owner shall provide occupant with copies
of the rental agreement and addendum upon execution.
(2)
Terms and conditions. Owner and occupant may include
in a rental agreement terms and conditions not prohibited by this article
or other applicable ordinances, regulations and laws, including rent, term
of the agreement and other provisions governing the rights and obligations
of the parties.
(3)
Prohibited provisions. Except as otherwise provided by
this article, no rental agreement may provide that the occupant or owner agrees
to waive or to forego rights or remedies under this article. A provision prohibited
by this subsection included in a rental agreement is unenforceable.
(4)
Attachment of article to rental agreement. Following
the effective date of this article, a summary hereof in a form provided to
owner by the Borough at the time of licensing shall be attached to each rental
agreement delivered by or on behalf of an owner when any such agreement is
presented for signing to any occupant. If a summary has been provided when
the rental agreement was first executed, a summary does not have to be provided
upon renewal. Where a rental agreement has been entered into prior to the
effective date of this article, the owner shall provide the occupants with
a copy of the summary within 60 days after enactment of this article.
F.
Complaints. The owner shall reply promptly to reasonable
complaints and inquiries from occupants.
G.
Landlord/tenant act. The owner shall comply with all
provisions of the Landlord Tenant Act of the Commonwealth of Pennsylvania.
H.
Common areas. Where an owner does not regulate the use
of common areas and the behavior of occupants and guests in the common areas,
the owner shall be directly responsible for the behavior of the occupants
and guests in the common area as if the owner were an occupant.
A.
General. The occupant shall comply with all obligations
imposed upon occupants by this article, all applicable codes and ordinances
of the Borough and all applicable provisions of state law.
B.
Health and safety regulations.
(1)
The maximum number of persons permitted in any regulated
rental unit at any time shall not exceed the standards outlined in the Borough
Property Maintenance Code.[1] The maximum number of persons permitted in the common areas of
any multiple-unit dwelling at any time shall not exceed one person for each
15 square feet of common area on the premises.
(2)
The occupant shall dispose from his or her regulated
rental unit all rubbish, garbage and other waste in a clean and safe manner
prescribed in the Borough Property Maintenance Code and separate and place
for collection all recyclable materials.
C.
Peaceful enjoyment. The occupant shall conduct himself
or herself and require other persons, including, but not limited to, guests
on the premises and within his or her regulated rental unit with his or her
consent, to conduct themselves in a manner that will not disturb the peaceful
enjoyment of the premises by others and that will not disturb the peaceful
enjoyment of adjacent or nearby dwellings by the persons occupying same.
D.
Residential use. The occupant shall, unless otherwise
permitted by applicable law or ordinance, occupy or use his or her regulated
rental unit for no other purpose than as a residence.
E.
Illegal activities. The occupant shall not engage in,
nor tolerate nor permit others on the premises to engage in, any conduct declared
illegal under the Pennsylvania Crimes Code (18 Pa. C.S.A. § 101
et seq.) or Liquor Code (47 P.S. § 1-101 et seq.) or the Controlled
Substance, Drug, Device and Cosmetic Act (35 P.S. § 780-101, et
seq.).
F.
Disruptive conduct.
(1)
The occupant shall not engage in, nor tolerate nor permit
others on the premises to engage in, disruptive conduct or other violations
of the Ordinance.
(2)
When police investigate an alleged incident of disruptive
conduct, they shall complete a disruptive conduct report upon a finding that
the reported incident did, in his or her judgment, constitute "disruptive
conduct" as defined herein. The information contained in said report shall
include, if possible, the identity or identities of the alleged perpetrator(s)
of the disruptive conduct and all other obtainable information, including
if factual basis for the disruptive conduct requested on the prescribed form.
Where the police make such investigation, said police officer shall then submit
the completed disruptive conduct report to the Code Enforcement Officer. In
all cases, the Code Enforcement Officer shall mail a copy of the disruptive
conduct report to the owner or manager within three working days of the occurrence
of the alleged disruptive conduct.
(3)
The third occurrence of disruptive conduct within a one-year
period shaft result in an automatic eviction.
G.
Compliance with rental agreement. The occupant shall
comply with all lawful provisions of the rental agreement entered into between
owner and occupant. Failure to comply may result in the eviction of the occupant
by the owner.
H.
Damage to premises. The occupant shall not intentionally
cause, nor permit nor tolerate others to cause, damage to the premises. Conduct
which results in damages in excess of $500 shall be considered a violation
of this article.
I.
Inspection of premises. The occupant shall permit inspections
by the Code Enforcement Officer or his designated representative of the premises
at reasonable times, upon reasonable notice.
A.
Every person applying for a license initially shall supply
all information requested by the Borough and pay an initial license fee as
follows:
B.
Thereafter, the subsequent fee for annual license for
one- and two-family units will be assessed at $25 per unit. Multifamily units
of three to 10 will be $20 per unit. Rooming houses, dormitories and hotels
will be $15 per unit.
A.
Registration requirements. The owner of each dwelling
listed herein will be subject to the following registration requirements and
fees:
(1)
Each person who allows a one-family dwelling to be occupied
by a person or persons other than the owner of the one-family dwelling, and
where this action by the owner has occurred for a period in excess of one
year, shall be required to annually file with the Code Enforcement Officer
a rental unit registration.
(2)
Each person who operates a two-family dwelling shall
be required to annually file with the Code Enforcement Officer a rental unit
registration.
B.
Inspection: periodic inspection. The Code Enforcement
Officer or designated representative shall inspect one-family and two-family
dwellings at least once on or before the sixth annual anniversary of the initial
inspection following the filing of the rental unit registration. These periodic
inspections shall occur notwithstanding more frequent inspections which may
be required in the investigation of complaints regarding the dwelling.
C.
Inspection: issuance. The Code Enforcement Officer or
designated representative shall, upon receipt of an application for a license,
inspect the rental dwelling, and in the event such rental dwelling is in compliance
with this article, the license applied for shall be issued.
D.
Cost incurred by Borough for failure of owner/applicant
to appear at time scheduled for inspection. In the event the owner/applicant
fails to appear at the time scheduled for an inspection by the Rental Registration
Officer or the Code Enforcement Officer, the owner/applicant shall make payment
to the Borough of the sum of $50 as the reasonable cost incurred by the Borough
for the scheduling and preparation for said appointment by the Representative
Rental Officer or the Code Enforcement Officer.
E.
Noncompliance. In the event the rental dwelling is not
in compliance with the Borough Property Maintenance Code,[1] the Code Enforcement Officer shall notify the applicant in writing
and shall specify the noncompliance with said Code Upon completion of the
changes, the Code Enforcement Officer shall issue the license applied for.
F.
Multifamily dwelling display of license. Every license
shall be displayed in a conspicuous place within the multifamily dwelling.
G.
License duration. Every multifamily dwelling license
shall remain in force for one year from the date of issuance.
H.
License transfers. No license required by the Ordinance
shall be transferable unless the new operator shall give notice in writing
to the Code Enforcement Officer within 10 days after the transfer in any manner
of ownership or control of the interest in such multifamily dwelling. Such
notice shall include the name and address of the person succeeding to the
ownership or control.
I.
Violation; license revocation; notice. Whenever the Code
Enforcement Officer determines that there exists a violation of the Borough
Property Maintenance Code, he shall serve notice as provided therein and may
notify the owner or operator in writing that unless the notice of violation
is complied with, the rental dwelling license may be revoked. After the expiration
of the time for compliance as stated on the notice of violation, a reinspection
shall be made to determine compliance. If the violation has not been corrected
and no appeal is pending, the Code Enforcement Officer may revoke the multifamily
dwelling license, and in such event, shall serve written notice upon the owner
or operator of such action.
J.
Appeal. Any person whose rental dwelling license has
been revoked or whose application for license to operate a multifamily dwelling
has been denied may appeal to the Board of Appeals.
K.
Licensing of rooming houses, dormitories and hotels.
(1)
No person shall operate a rooming house, dormitory or
hotel unless he has first obtained from the Code Enforcement Officer a license
to operate such rooming house, dormitory or hotel.
(3)
Every license shall specify the maximum number of occupants
allowed to occupy the rooming house, dormitory or hotel.
(4)
Every license shall be displayed in a conspicuous place
within the rooming house, dormitory or hotel.
A.
Basis for violation. It shall be unlawful for any person
as either owner or manager of a regulated rental unit for which a license
is required to operate without a valid current license issued by the Borough
authorizing such operation. It shall also be unlawful for any person, either
owner or manager, to allow the number of occupants of a regulated rental unit
to exceed the maximum limit as set forth on the license or to violate any
other provision of this article. It shall be unlawful for any occupant to
violate this article.
B.
Penalties. Any violation of this article shall constitute
a summary offense punishable, upon conviction thereof by a District Justice,
by a fine not to exceed $1,000, plus costs, or by a term of imprisonment not
to exceed 30 days. Each day of violation shall constitute a separate and distinct
offense.
C.
Nonexclusive remedies. The penalty provisions of this
section and the license nonrenewal, suspension and revocation procedures provided
in this article shall be independent, non-mutually exclusive, separate remedies,
all of which shall be available to the Borough as may be deemed appropriate
for carrying out the purposes of this article. The remedies and procedures
provided in this article for violation hereof are not intended to supplant
or replace, to any degree, the remedies and procedures available to the Borough
in the case of a violation of any other code or ordinance of the Borough,
whether or not such other code or ordinance is referenced in this article,
and whether or not an ongoing violation of such other code or ordinance is
cited as the underlying ground for a finding of a violation of this article.
A.
Notices.
(1)
For purposes of this article, any notice required hereunder
to be given to a Manager shall be deemed as notice given to the owner.
(2)
There shall be a rebuttable presumption that any notice
required to be given to the owner under this article shall have been received
by such owner if the notice was given to the owner in the manner provided
by this article.
(3)
A claimed lack of knowledge by the owner of any violation
hereunder cited shall be no defense to license nonrenewal, suspension or revocation
proceedings as long as all notices prerequisite to institution of such proceedings
have been given and deemed received in accordance with the applicable provisions
of this article.
B.
Changes in ownership or occupancy. It shall be the duty
of each owner of a regulated rental unit to notify the Code Enforcement Officer
in writing of any change in ownership of the premises or of the number of
regulated rental units on the premises. It shall be the duty of the owner
to notify the Code Enforcement Officer in writing of any increase in the number
of occupants in any regulated rental unit or of the changing of a dwelling
unit from owner-occupied to non-owner occupied, which thereby transforms the
dwelling into a regulated rental unit for the purposes of this article.
C.
Owners severally responsible. If any regulated
rental unit is owned by more than one person in any form of joint tenancy,
as a partnership or otherwise, each person shall be jointly and severally
responsible for the duties imposed under the terms of this article, and shall
be severally subject to prosecution for the violation of this article.
