[Adopted 6-11-2001 by Ord. No. 1233]
Every person owning any property within the Borough of Canonsburg
which is rented, in whole or in part, to one or more persons for residential
purposes shall certify to the Borough Manager a list of lessees and
tenants over 18 years of age and their respective addresses on or
before March 31 and September 30 of each year. The forms shall be
provided by the Borough for the purpose of such registration.
Any person owning any property within the Borough of Canonsburg which is rented to one or more persons for residential purposes who willfully or negligently fails to submit tenant lists as required by §
135-1, above, shall be liable for, in addition to other penalties herein provided, such sums as would have been billed by the Borough if such tenant list had been provided less any sums actually received from such tenants for the fiscal year for which the list was not provided.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
Any person who violates or permits a violation of this article
shall, upon conviction in a summary proceeding under the Pennsylvania
Rules of Criminal Procedure, be guilty of a summary offense and shall
be punishable by a fine of not more than $1,000, plus court costs
and reasonable attorneys' fees incurred by the Borough in the enforcement
proceedings. Upon judgment against any person by summary conviction,
or by proceedings by summons on default of the payment of the fine
or penalty imposed and the costs, the defendant may be sentenced and
committed to the Borough correctional facility for a period not exceeding
10 days or to the county correctional facility for a period not exceeding
30 days. Each day that such violation exists shall constitute a separate
offense, and each section of this article that is violated shall also
constitute a separate offense. In addition to or in lieu of enforcement
under this section, the Borough may enforce this article in equity
in the Court of Common Pleas of Washington County.
The Borough Council may enact reasonable administrative regulations
concerning this article by a resolution passed at any regular or special
meeting. Said regulations and resolution shall be posted on the Borough
Bulletin Board at least 10 days before they become effective.
[Adopted 10-11-2021 by Ord. No. 1355]
It is the purpose of this article and the policy of the Council
of the Borough of Canonsburg, in order to protect and promote the
public health, safety and welfare of its citizens, to establish rights
and obligations of owners and occupants relating to the rental of
certain dwelling units in the Borough of Canonsburg and to encourage
owners and occupants to maintain and improve the quality of rental
housing within the community. It is also the policy of the Borough
that those owners, managers and occupants share responsibilities to
obey the various codes adopted to protect and promote public health,
safety and welfare. As a means to those ends, this article provides
for a system of inspections; issuances and renewals of occupancy licenses
and sets penalties for violation. This article shall be liberally
constructed and applied to promote its purposes and policies.
As used in this article, the following terms shall have the
meanings indicated:
BOROUGH
The Borough of Canonsburg, Washington County, Pennsylvania.
CODE
Any code or ordinance adopted, enacted, and/or in effect in and for the Borough of Canonsburg concerning fitness for habitation or the construction, maintenance, operation, occupancy, use or appearance of any premises or dwelling unit. Included within, but not limited by, this definition are the following, which are in effect as of the date of enactment of this article: Building Code; the International Property Maintenance Code; the International Fire Prevention and Maintenance Code; National Electrical Code; Chapter
99, Floodplain Management; Chapter
85, Brush, Grass and Weeds; Chapter
149, Streets and Sidewalks; Chapter
144, Solid Waste; Chapter
170, Zoning; and any duly enacted amendment or supplement to any of the above and any new enactment falling within this definition.
CODE ENFORCEMENT OFFICER
The duly appointed Code Enforcement Officer(s) or designee
having charge of the office of the Code Enforcement of the Borough
of Canonsburg, and any assistants or deputies thereof, including any
duly appointed police officer of the Borough of Canonsburg.
COMMON AREAS
Areas not leased to a specific tenant but upon which a tenant
is typically authorized to be present upon.
DISRUPTIVE CONDUCT
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
of their peaceful enjoyment of their premises such that a report is
made to police complaining of such action, conduct, incident, or behavior.
It is not necessary that such action, conduct, incident, or behavior
constitutes 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 no disruptive conduct shall 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.
DISRUPTIVE CONDUCT REPORT
A written report of disruptive conduct on a form to be prescribed
therefor, to be completed by the Code Enforcement Officer, as the
case may be, who actually investigates an alleged incident of disruptive
conduct and which shall be maintained by the Code Enforcement Officer.
DWELLING
A building have one or more dwelling units.
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.
GUEST
A person on the premises with the actual or implied consent
of an occupant.
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 (47 P.S. § 1-101 et seq.) or the Controlled Substance, Drug, Device and Cosmetic
Act (35 P.S. § 780-101 et seq.).
LANDLORD
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.")
MANAGER
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 obligation
of the owner under this article and under rental agreement with occupants.
MULTIPLE-UNIT DWELLING
A building containing two or more independent dwelling units,
including, but not limited to, double houses, row houses, townhouses,
condominiums, apartment houses and conversion apartments.
OCCUPANCY LICENSE
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. The fee for this license shall be set by
resolution of the Borough.
OCCUPANT
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.
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 a mortgage holder in possession of the
regulated rental unit.
PEACEFUL ENJOYMENT
The occupant shall conduct him- 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 adjacent or nearby dwellings by the persons occupying
same.
PERSON
A natural person, partnership, corporation, unincorporated
association, limited partnership, trust, or any other entity.
POLICE
The Police Department of the Borough of Canonsburg or any
properly authorized member or officer thereof or any other law enforcement
agency having jurisdiction within the Borough of Canonsburg.
PREMISES
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.
RENTAL AGREEMENT
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.
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.
TENANT
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.")
If any provision of this article or the application thereof
to any person or circumstances is held invalid, such holding shall
not affect the other provisions or applications of this article which
can be given effect without the invalid provision or application,
and to this end, the provisions of this article are declared severable.
All ordinances or parts of ordinances which are inconsistent
herewith are hereby repealed to the extent of such inconsistency.
This article shall become effective on the 11th day of October,
2021.