[Adopted 7-28-2009 by Ord. No. 820]
This article shall be known as the Borough of Baldwin "Rental
and Real Estate Transfer Inspection Ordinance."
It is the purpose of this article and the policy of the Council
of the Borough of Baldwin, in order to protect and promote the public
health, safety and welfare of its citizens, to establish rights and
obligations of owners and occupancy relating to the rental and sale
of residential units in the Borough of Baldwin and to encourage owners
and occupants to maintain and improve the quality of housing within
the community. It is also the policy of the Borough that 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,
issuance and renewal of occupancy permits and sets penalties for violations.
In addition, there is a greater incidence of violations of various
codes of the Borough of Baldwin in residential rental properties where
owners rent properties to tenants. This article shall be liberally
construed and applied to promote its purposes and policies. In considering
the adoption of this article, the Borough of Baldwin makes the following
findings.
As used in this article, the following terms shall have the
meanings indicated:
CODE
Any code or ordinance adopted, enacted and/or in effect in
and for the Borough of Baldwin concerning fitness for habitation or
the construction, maintenance, operation, occupancy, use or appearance
for any premises or residential unit. Included within, but not limited
by, this definition are the following which are in effect as of the
date of the enactment of this article: the Uniform Construction Code
(hereafter "UCC"), International Property Maintenance Code, International
Plumbing Code, International Fire Prevention Code, International Electrical
Code, Floodplain Management Ordinance, International Building Code
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) having charge
of the Office of Code Enforcement of the Borough of Baldwin and any
assistants or agents.
COMMON AREA
Any open area within a structure by occupants or that the
occupants have the right to share, including, but not limited to,
kitchens, bathrooms, living rooms, dining rooms, attics, basements
and any room used for parties, social events or the congregation of
people, excepting bedrooms.
DISRUPTIVE CONDUCT
Any form of conduct, action, incident or behavior perpetrated,
caused or permitted by any occupant or visitor of a residential unit
that is so loud, untimely (as to the hour of the day), offensive,
riotous or that otherwise disturbs other persons of reasonable sensibility
in their peaceful enjoyment of their premises such that a report is
made to police and/or to the Code Enforcement Officer complaining
of such conduct, action, incident or behavior. It is not necessary
that such conduct, action, 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
no disruptive conduct shall be deemed to have occurred unless the
Code Enforcement Officer or police shall investigate and make a determination
that such did occur, and keep written records, including a disruptive
conduct report, of such occurrence.
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 the present use and enjoyment
of the premises, including a mortgage holder in possession of a residential
rental unit (same as "owner").
MANAGER
An adult individual designated by the owner of a residential
rental unit.
OCCUPANCY PERMIT
The permit issued to the owner of residential rental units
under this article, which is required for the lawful occupancy of
residential units.
OCCUPANT
An individual who resides in a residential 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 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 the present use and enjoyment
of the premises, including a mortgage holder in possession of a residential
rental unit.
PERSON
A natural person, partnership, corporation, unincorporated
association, limited partnership, trust or any other entity.
POLICE
The Police Department of the Borough of Baldwin or any properly
authorized member or officer thereof or any other law enforcement
agency having jurisdiction within the Borough of Baldwin.
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 rental units are located.
RENTAL AGREEMENT
A written agreement between owner/landlord and occupant/tenant
embodying the terms and conditions concerning the use and occupancy
of a specified residential rental unit or premises.
RESIDENTIAL RENTAL UNIT
Any structure within the Borough of Baldwin which is occupied
by someone other than the owner of the real estate as determined by
the most current deed and for which the owner of the said parcel of
real estate received any value, including but not limited to money,
or the exchange of services. Each apartment within a building is a
separate structure requiring inspection and a license.
STRUCTURE
Any human-made object, the use of which requires an ascertainable
stationary location on land, whether or not it is affixed to the land.
Each apartment within a building is a separate structure.
TENANT
An individual who resides in a 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 lease or by the laws of the
Commonwealth of Pennsylvania (same as "occupant").