[Adopted 3-23-1987 by Ord. No. 604, approved 3-23-1987]
Effective as of the effective date of this article,
every owner of real estate in Wilson Borough who rents or leases any
parcel thereof; in whole or in part, to any other person or entity,
shall make one filing with the Borough Secretary at the Municipal
Building, 20th and Hay Terrace, Wilson Borough, Northampton County,
Pennsylvania, of a written certified list of all persons or entities
who presently rent or lease real estate from said owner. Said list
shall include the names and addresses of all such persons or entities
and shall be filed with the Borough Secretary to be received no later
than June 1, 1987. In addition to the requirement of the aforesaid
filing, every such owner of real estate shall file a separate, certified
written list with the Borough Secretary within 30 days of the date
of any additional person or entity so renting or leasing the subject
premises.
For the purposes of this article, the fact that an owner of real estate rents or leases any property for minimal or no rent to another person or entity shall not excuse said owner from the filing of the certified lists required in §
142-1 hereof.
Every owner of real estate who fails to so comply
with the requirements of this article shall, upon conviction, be guilty
of a summary offense and be liable for a fine not exceeding $300 and,
in default thereof, imprisonment not exceeding 10 days in the Northampton
County Prison. For the purposes of this article, every day that an
owner of real estate is late in filing said certified written lists,
as required above, shall constitute a separate and distinct offense.
[Adopted 6-23-2008 by Ord. No. 741, approved 6-23-2008]
As used in this article, the following terms
shall have the following meanings. If a term is not defined in this
section, but is defined in the Borough Uniform Construction Code, then that definition shall apply to this article. If a
term is not defined in any of those codes, but is defined in the Borough
Zoning Code, then the definition in such code shall apply to this article.
BOROUGH
The Borough of Wilson, Northampton County, Pennsylvania.
BUSINESS DAYS
Days in which the offices of the Borough of Wilson are open
for public business.
CODE
Any code or ordinance adopted, enacted and/or in effect in
and for the Borough of Wilson concerning fitness for habitation or
the construction, maintenance, operation, occupancy, use, vermin or
rodent control, or public health matters of any premises or dwelling
unit. This shall include, but not be limited to, the Borough existing
Uniform Construction Code, the International Existing Building Code (IEBC), the National
Electrical Code (NEC), the International Residential Code (IRC), the
International Building Code (IBC), the International Property Maintenance
Code (IPMC), solid waste and water ordinances, public health ordinances,
and noise control ordinances.
CODE ENFORCEMENT OFFICER
The duly appointed Code Enforcement Officer(s) having the
duty to enforce this article, the aforementioned codes and similar
codes of the Borough of Wilson, and any assistants or deputies thereof.
COMMON AREA
In multiunit buildings, space which is not part of an individual
regulated rental unit and which is shared among occupants of the dwellings.
Common areas shall be considered as part of the premises for purposes
of this article.
DISRUPTIVE CONDUCT
A.
A form of conduct, action, incident or behavior
perpetrated, caused or permitted by an occupant or guest of a regulated
rental unit that:
(1)
Is a violation of ordinances of the Borough
of Wilson and that is so loud, untimely as to time of the day, offensive
and/or nuisance-causing that it unreasonably interferes with the peaceful
enjoyment by other persons of their premises or causes damage to property
that is owned by others;
(2)
Involves music or noise that is disruptive to
persons occupying a different dwelling unit;
(3)
Involves music 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;
(4)
Is the subject of a criminal citation for disorderly
conduct; or
(5)
Is the subject of a criminal citation under
the Pennsylvania Crimes Code or the Pennsylvania Liquor Code.
B.
In order for such disruptive conduct to constitute
an offense under this article, a written report must be issued by
a sworn police officer or a Borough Code Enforcement Officer and notice
must be sent to an occupant and the owner or manager.
DISRUPTIVE CONDUCT REPORT
A written report of disruptive conduct that is completed
by a police officer or Borough Code Enforcement Officer who investigated
the matter.
DWELLING
A building including one or more dwelling units.
DWELLING UNIT
A residential living area for one household that is used
for living and sleeping purposes and that has its own cooking facilities
and a bathroom with a toilet and a bathtub and/or shower.
GUEST
A person on the premises of a regulated rental unit with
the actual or implied consent of an occupant.
LANDLORD
This term shall have the same meaning as "owner."
MANAGER
An adult individual designated by the owner of a regulated
rental unit under this article. The manager shall be the agent of
the owner for service of process and receiving notices or demands
and to perform the obligation of the owner under this article and
under rental agreements with occupants.
MULTIUNIT BUILDING
A building containing two or more dwelling units that are
not completely separated from each other by vertical party walls.
OCCUPANT
An individual who resides in a regulated rental unit.
OWNER
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 but not limited to a mortgage holder who
is in possession of a regulated rental unit.
PERSON
A natural person, partnership, corporation, unincorporated
association, limited partnership, trust or any other entity.
POLICE
Sworn law enforcement officers of the Police Department of
the Borough of Wilson or the Pennsylvania State Police.
PREMISES
Any parcel of real property in the Borough, including the
land and all buildings and structures, on which one or more regulated
rental unit is located.
REGULATED RENTAL UNIT
A dwelling unit or rooming house unit that is occupied for
residential purposes and that is not an owner-occupied dwelling unit
and exempted by this article from needing a residential rental license.
A college fraternity or sorority used for residential purposes shall
be considered a regulated rental unit, unless it is within a dormitory
that is owned by a college.
RENTAL AGREEMENT
A written agreement or other legally enforceable agreement
between owner and tenant, which is required to be supplemented by
the addendum provided in this article, embodying the terms and conditions
concerning the use and occupancy of a specified regulated rental unit.
RESIDENTIAL RENTAL LICENSE
The license issued to the owner of regulated rental units
under this article which is required in order to lawfully rent and
occupy regulated rental units. Until a rental unit has been inspected
and a certificate of occupancy issued, the residential rental license
shall be considered a residential rental registration.
ROOMING HOUSE UNIT
A living unit that does not meet the definition of a dwelling
unit and that is not within a Borough-permitted hotel or bed-and-breakfast
inn.
TENANT
An occupant of a regulated rental unit with whom a legal
relationship with the owner is established by a lease or other enforceable
agreement under the laws of the Commonwealth of Pennsylvania.
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. A person who is only related as a cousin
shall be considered unrelated for the purposes of this article. The
term "related" shall be restricted to the following relationships:
spouse, parent, child, sister, brother, grandchild, great-grandchild,
grandparent, great-grandparent, aunt, uncle, or any of these same
relationships in a step or in-law situation.