[HISTORY: Adopted by the City Council of
the City of Monessen as indicated in article histories. Amendments
noted where applicable.]
[Adopted 7-18-1990 by Ord. No. 4-1990]
No individual, person, firm, corporation or
agent thereof shall lease, let, rent and/or occupy any real property
or separately secured portions thereof or allow another to lease,
let, rent and/or occupy any real property or separately secured portions
thereof within the City of Monessen, Westmoreland County, Pennsylvania,
without the legal or equitable owner of the subject property first
obtained an occupancy permit from the designated city official of
the City of Monessen, Westmoreland County, Pennsylvania.
The legal or equitable owner or agent thereof of any real property or separately secured portion thereof located within the City of Monessen, Westmoreland County, Pennsylvania, shall report any change in the use or occupancy of said subject property pursuant to § 313-3. However, a legal or equitable owner of a hotel, inn or boardinghouse shall not be required to report an individual, person, firm or corporation as a tenant until said tenant has occupied the subject property for a period exceeding 30 days.
[Amended 3-24-1993 by Ord. No. 4-1993; 2-21-1996 by Ord. No.
13-1995; 2-18-1998 by Ord. No. 2-1998]
A.Â
An individual, person, firm, corporation or agent
thereof seeking an occupancy permit or reporting a change of status
shall file an application with the designated city official of the
City of Monessen, Westmoreland County, Pennsylvania, no less than
seven days immediately prior to occupation of the subject property,
setting forth the following information:
(1)Â
The owner's legal name and address.
(2)Â
Specific location of the subject property.
(3)Â
Name and ages of all proposed occupants.
(4)Â
The nature of the proposed use of the subject property.
(5)Â
Date of occupancy.
(6)Â
The social security number of the residents who shall
occupy the subject property.
(7)Â
Attaching to said application a letter from the Treasurer
of the City of Monessen setting forth all garbage fees have been paid
in full for the year completed prior to the occupancy of the subject
property. No individual, person, firm, corporation or agent thereof
shall be granted any permit issued by the City of Monessen until such
time as written proof by the Office of the City Treasurer that all
garbage fees and/or all moneys owed to the city are current.
[Amended 12-15-1999 by Ord. No. 10-1999]
B.Â
Said application shall be accepted by the designated
city official of the City of Monessen, Westmoreland County, Pennsylvania
upon payment of an occupancy permit fee in an amount as set from time
to time by resolution of the City Council.
C.Â
In the event that the subject property becomes vacant
or changes use of occupancy without the prior knowledge of the owner,
said change in status shall be reported as aforesaid to the designated
city official of the City of Monessen, Westmoreland County, Pennsylvania,
within 10 days of the change in status.
[Amended 2-18-1998 by Ord. No. 2-1998]
Upon receipt of the completed application and
the occupancy permit fee as set from time to time by resolution of
the City Council, the designated city official of the City of Monessen,
Westmoreland County, Pennsylvania, is authorized and empowered to
inspect the subject property for compliance with all relevant ordinances
of the City of Monessen, Westmoreland County, Pennsylvania.
A.Â
In the event that the inspection of the subject property
by the designated city official of the City of Monessen, Westmoreland
County, Pennsylvania, reveals that the subject property is in compliance
with all relevant ordinances of the City of Monessen, Westmoreland
County, Pennsylvania, the designated city official shall forthwith
issue a permit of occupancy to the legal or equitable owner of the
subject property.
B.Â
In the event that the inspection of the subject property
by the designated city official reveals that the subject property
is not in compliance with all relevant ordinances of the City of Monessen,
Westmoreland County, Pennsylvania, said designated city official shall
provide the owner with a specific list of violations along with a
reasonable time period in which the property owner shall bring said
property into compliance. The subject property shall remain unoccupied
until the occupancy permit is granted. Said property shall be subject
to inspection by the designated city official at regular intervals
to determine the extent of compliance and subject to penalties for
noncompliance as set forth in the relevant ordinances of the City
of Monessen, Westmoreland County, Pennsylvania.
C.Â
In the event that the inspection of the subject property by the designated
City official reveals that the subject property is not compliance
with all relevant ordinances of the City of Monessen, Westmoreland
County, Pennsylvania, and said designated City official shall have
provided the owner with a specific list of violations and a reasonable
time period in which the property owner shall bring said property
into compliance, no permit of occupancy shall be issued by the designated
City official to the legal or equitable owner of the subject property
until the designated City official has received payment of an occupancy
permit fee in an amount as set from time to time by the City Council.
[Added 10-17-2012 by Ord. No. 7-2012]
D.Â
The individual, person, firm, corporation or agent thereof seeking
an occupancy permit shall be required to pay the reinspection fee
each time the designated City official reinspects the subject property
for compliance with all relevant ordinances of the City of Monessen,
Westmoreland County, Pennsylvania.
[Added 10-17-2012 by Ord. No. 7-2012]
E.Â
At the time of enactment of this subsection, the reinspection fee
is set in the amount of $25. The reinspection fee may be modified
from time to time by resolution of the City Council.
[Added 10-17-2012 by Ord. No. 7-2012]
[Amended 10-17-2012 by Ord. No. 7-2012]
Upon conviction before a Magisterial District
Judge within the judicial district wherein the subject property is
located, any individual, person, firm, corporation or agent thereof
in violation of any provision of this article shall be subject to
a fine not more than the maximum fine established for the conviction
of a summary offense as set forth in 18 Pa.C.S.A. § 1101,
as amended, and/or subject to imprisonment for a term not to exceed
the maximum imposed for summary offenses as set forth 18 Pa.C.S.A.
§ 1105, as amended, at the discretion of the Court. Each
day that a violation continues after due notice thereof shall be deemed
a separate offense.
[Added 7-17-1996 by Ord. No. 5-1996]
All real estate sales representatives, real
estate agents and real estate brokers must notify purchasers of improved
real estate of the city's requirement to obtain an occupancy permit
prior to occupying any real estate in the City of Monessen. After
said notice, said representative, agent or broker must file a written
certification to the city of said notification.
[Added 6-7-2004 by Ord. No. 2-2004]
A.Â
"Student housing" shall be any living quarters offered
to or occupied by a student situate within the City of Monessen whose
educational facility is located within the City. Upon reasonable demand
by the Monessen Code Enforcement Office, a school or educational facility
thus qualified shall certify that said accommodations are solely used
for students who are registered, enrolled and in good standing with
the educational facility.
B.Â
Inspection. The City of Monessen Code Enforcement
Office shall inspect such qualified educational dwelling quarters
and the owner thereof shall pay the established fee once each calendar
year which shall run from January 1 through December 31.[1]
[1]
Editor's Note: Former Art. II, Rental Unit Licenses, adopted 1-15-2003 by Ord. No.
1-2003, as amended, which immediately followed this
article, was repealed 5-11-2021 by Ord. No. 1236.
