[HISTORY: Adopted by the Board of Commissioners of the Township
of Patterson as indicated in article histories. Amendments noted where
applicable.]
[Adopted 3-12-2009 by Ord. No. 425]
As used in this article, the following terms shall have the
meanings indicated:
Any Code or ordinance adopted, enacted, and/or in effect
in and for the Township of Patterson concerning fitness for habitation
or the construction, maintenance, operation, occupancy, use or appearance
of any premises or dwelling unit.
Person designated by Patterson Township to conduct inspections
required by this article and to enforce the requirements of this article.
Areas not leased to a specific tenant, but upon which a tenant
is typically authorized to be present.
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
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 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
therefore, to be completed by the police who actually investigate
an alleged incident of disruptive conduct and which shall be maintained
by the Code Enforcement Officer or designated representative.
A building and/or mobile home having one or more dwelling
units.
A room or group of rooms within a dwelling forming a single
unit and providing complete independent living facilities for one
or more persons, including permanent provisions for living, sleeping,
eating, cooking, and sanatation.
A person on the premises with the actual or implied consent
of an occupant.
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 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 obligation
of the owner under this article and under rental agreements 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 regulated
rental unit.
A dwelling unit in which the owner resides on a regular,
permanent basis.
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 adjacent or nearby dwellings by the persons occupying
same.
A natural person, partnership, corporation, unincorporated
association, limited partnership, trust, or any other entity.
The Police Department of the Township of Patterson or any
properly authorized member or officer thereof or any other law enforcement
agency having jurisdiction within the Township of Patterson.
Any parcel of real property in the Township of Patterson
including the land and all buildings and appurtenant structures or
appurtenant elements on which one or more regulated rental units is
located.
Any dwelling unit that is rented, leased, let out, or otherwise
permitted to be occupied by a person(s) other than the owner. Vacant
dwelling units are classified as regulated rental units.
A written agreement between owner/landlord and occupant/tenant
supplemented by the terms and conditions of this article.
The occupant shall not, unless otherwise permitted by applicable
law or ordinance, occupy or use his or her regulated rental unit for
any purpose other than as a residence.
Any dwelling or that part of any dwelling containing one
or more rooming units, in which space is let by the owner or operator
to three or more persons who are not husband or wife, son or daughter,
mother or father or sister or brother of the owner or operator.
A detached building containing one dwelling unit, designed
and intended to be occupied by one family for living purposes.
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).
Township of Patterson, Beaver County, Pennsylvania.
A detached building containing two dwelling units, each entirely
separate from each other, designed and intended to be occupied for
living purposes.
A.
General.
(1)
It shall be the duty of every owner to keep and maintain all regulated
rental units in compliance with all of the terms and conditions of
this article as well as the provisions of all other applicable state
laws and regulations and local ordinances and to keep such property
in good and safe condition. The owner shall meet all property maintenance
requirements of the Code of Patterson Township.
(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 or its
premises which he, she, or it owns in the Township.
(3)
In order to achieve those ends, every owner of a regulated rental
unit shall regulate the conduct and activity of the 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 the 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 proceeding, or criminal law; nor shall this
section be construed so as to require an owner to indemnify or defend
an occupant or his or her guest 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 to, nor shall its effect be, to limit
any other enforcement remedies that may be available to the Township
against the owner, occupant, or guest thereof.
B.
Designation of manager.
(1)
Every owner who is not a full-time resident of the Township of Patterson
or who does not reside within a fifty-mile radius of Patterson Township
shall designate an individual to serve as manager.
(2)
If the owner is a partnership, corporation, unincorporated association,
limited partnership, trust, or any other entity, that entity shall
appoint a natural person to serve as manager.
(3)
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
the owner or manager to the Township, and such information shall be
kept current and updated as it changes.
C.
Disclosure.
(2)
The owner or manager shall, within 30 days after the effective date
of this article or, in case of real estate thereafter acquired, rented
or made available for rental, within 30 days of acquisition, rental
or being made available for rental, provide the following information
to the Code Enforcement Officer:
(3)
It is intended hereby that owners shall report all new occupants
or an occupant who rents or leases a different regulated rental unit
of owner's real estate and when a regulated rental unit becomes
vacant.
D.
Maintenance of premises.
(1)
The owner shall maintain the premises in compliance with the codes
of Patterson Township 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 cases, however, such agreement between the owner and the 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 agreements for regulated dwelling units shall be in writing.
No oral leases and no oral modifications thereof are permitted. All
disclosures and information required to be given to occupants by the
owner shall be furnished before signing of the rental agreement.
(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. Any 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 copy of this article shall be attached as
an addendum to each rental agreement delivered by or on behalf of
an owner when any such agreement is presented for signing to any occupant.
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.
(5)
The owner shall secure a written acknowledgment from occupants to
confirm that the occupants have received the article as part of the
rental agreement.
(6)
Upon oral or written request by Patterson Township, the owner, within
10 days of the request, shall furnish to the Township copies of the
acknowledgment that the occupants received a copy of this article.
(7)
Upon oral or written request by Patterson Township, the owner, within
10 days of the request, shall furnish to the Township for inspection
purposes only copies of the leases the owner has entered into for
regulated rental units.
F.
Complaints. The owner shall reply promptly to reasonable complaints
and inquires from occupants.
H.
Common areas. The owner shall be directly responsible for the behavior
of occupants and guests in the common areas as if the owner were an
occupant.
I.
Enforcement. In the event that the same occupant is the subject of
a third disruptive conduct violation within a one-year period, the
Code Enforcement Officer or designated representative shall direct
the owner to evict the occupant who violated the article.
J.
Code violations. Upon receiving notice of any code violations from
the Code Enforcement Officer, the owner shall promptly take action,
or cause the necessary action to be taken, to abate the offending
condition and eliminate the violation.
A.
General. The occupant shall comply with all obligations imposed upon
occupants by this article, all applicable codes and ordinances of
the Township 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 one time shall not exceed the standards outlined in Chapter 190 of the Code of Patterson Township concerning occupant load. The maximum number of persons permitted in the common areas of any multiple-unit dwelling at any one time shall not exceed one person for each 15 square feet of common area on the premises.
(2)
The occupant and/or owner shall dispose from his or her regulated
rental unit all rubbish, garbage, and other waste in a clean and safe
manner prescribed in the Property Maintenance Section of the Code
of Patterson Township[1] and separate and place for collection all recyclable materials
in compliance with the Recycling Plan of the Township of Patterson
Solid Waste and Recycling Ordinance.[2]
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 the 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 or permit others on
the premises to engage in, disruptive conduct, or other violations
of this article.
(2)
When police investigate an alleged incident of disruptive conduct,
the officer shall complete a disruptive conduct report upon finding
that the reported incident did, in his or her judgment, constitute
"disruptive conduct" as defined herein. The information filled in
on 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 the 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
will result in automatic eviction and require the owner or manager
to take the appropriate steps required by law to evict the tenant.
G.
Compliance with rental agreement. The occupant shall comply with
all lawful provisions of the rental agreement entered into between
owner and occupant including all provisions of this article. 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.
Registration requirements and occupancy licenses and inspections.
The owners of each regulated rental unit will be subject to the following
registration requirements and fees:
(1)
Each person who allows a dwelling to be occupied by a person or persons
other than the owner of the 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 or designated
representative, the rental unit registration. No person, firm or corporation
owning, managing, conducting or operating a regulated rental unit
shall rent, lease, let out or permit the same to be occupied without
first securing an annual occupancy license for each occupied dwelling
unit issued pursuant to the provisions of this article and any other
applicable ordinances or regulations enacted by the Township Commissioners.
In addition to the foregoing, the annual occupancy license is required
for every vacant dwelling unit.
(2)
The fee for the annual occupancy license for occupied and vacant
rental dwelling units shall be set by resolution adopted by the Township
Commissioners, and may be changed from time to time.
B.
Inspection: periodic inspection. The Code Enforcement Officer or
designated representative shall inspect each dwelling unit at least
once every three years following the filing and payment of the registration
fee. These periodic inspections shall occur notwithstanding more frequent
inspections that may be required in the investigation of complaints
regarding the dwelling.
C.
Noncompliance. In the event a regulated rental unit is not in compliance
with the property maintenance code,[1] the Code Enforcement Officer or designated representative
shall notify the applicant in writing and shall specify the noncompliance
with the property maintenance code. Upon completion of the changes/repairs,
the code enforcement or designated representative shall issue the
occupancy license applied for.
D.
Multiunit dwelling display of registration license. Every occupancy
license shall be displayed in a conspicuous place within all multiunit
dwellings.
E.
License duration. Every occupancy license shall remain in force for
one year from the date of issuance.
F.
License transfers. No occupancy license required by this article
shall be transferable unless the new owner 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 regulated
rental unit. Such notice shall include the name and address of the
person succeeding to the ownership or control.
A.
General. The Code Enforcement Officer or designated representative
may initiate disciplinary action against an owner that may result
in a formal warning, nonrenewal, suspension or revocation of the owner's
occupancy license for violating any provision of this article that
imposes a duty upon the owner and/or for failing to regulate the breach
of duties by occupants as provided for herein.
B.
FORMAL WARNING
NONRENEWAL
REINSTATEMENT
REVOCATION
SUSPENSION
Definitions of options to the Code Enforcement Officer or designee.
Formal written notification of a violation of this article.
Upon satisfactory compliance with this article and correction of any
violations or conditions imposed by the Code Enforcement Officer or
designated representative and/or the Township, the formal warning
shall be removed when the owner applies for occupancy license renewal.
The denial of the privilege to apply for an occupancy license
renewal after expiration of the license term. The Township will permit
the owner to maintain occupants in the premises until the end of the
license term, but will not accept applications for renewal of the
occupancy license until a time set by the Code Enforcement Officer
or designated representative or by Patterson Township, such time not
to exceed one year from the renewal date.
An occupancy license shall be reinstated if the owner or
operator of a regulated rental unit corrects the reason for the revocation
of the occupancy license, refiles for the occupancy license and pays
the required registration fee.
The immediate loss of privilege to rent regulated rental
units for a period of time set by the Code Enforcement Officer or
designated representative or Patterson Township and the loss of the
privilege to apply for renewal of the occupancy license at the expiration
of time period, such time not to exceed one year from the date of
revocation. Upon the loss of privilege to rent, the owner shall take
immediate steps to evict the occupants.
The immediate loss of the privilege to rent regulated rental
units for a period of time set by the Code Enforcement Officer or
designated representative of Patterson Township, such time not to
exceed one year from the date of suspension. The owner, after the
expiration of the suspension period, may apply for renewal without
the need to show cause why the owner's privilege to apply for
an occupancy license should be reinstated. Upon suspension, the owner
shall take immediate steps to evict the occupants.
C.
Criteria for applying sanctions. The Code Enforcement Officer or
designated representative, when recommending sanctions, and Patterson
Township, when applying sanctions, shall consider the following:
(1)
The effect of the violation on the health, safety, and welfare of
the occupants of the regulated rental unit and other residents of
the premises.
(2)
The effect of the violation on the neighborhood.
(3)
Whether the owner has prior violations of the article and other ordinances
of the Township or has received notices of violations as provided
for in this article.
(4)
Whether the owner has been subject to sanctions under this article.
(5)
The effect of sanctions against the owner on the occupants.
(6)
The action taken by the owner to remedy the violation and to prevent
future violations, including any written plan submitted by the owner.
(7)
The policies and lease language employed by the owner to manage the
regulated rental unit to enable the owner to comply with the provisions
of this article.
(8)
In addition to enforcing sanctions as set forth above, the Code Enforcement
Officer or designated representative may recommend, and Patterson
Township may impose upon the existing or subsequent licenses, reasonable
conditions related to fulfilling the purposes of this article.
D.
Grounds for imposing sanctions. Any of the following may subject
an owner to sanctions as provided for in this article:
(1)
Failure to abate a violation of Township Codes and ordinances that
apply to the premises within the time directed by the Code Enforcement
Officer or designated representative.
(2)
Refusal to permit the inspection of the premises by the Code Enforcement
Officer or designated representative as required by this article.
(3)
Failure to take steps to remedy and prevent violations of this article
by occupants of regulated rental units as required by this article.
(4)
Failure to evict occupants after having been directed to do so by
the Code Enforcement Officer or designated representative of the Township
as provided for in this article.
(5)
Three violations of this article or other ordinances of the Township
that apply to the premises within one year. For purposes of this article,
there need be no criminal conviction before a violation can be found
to exist. Before a prior violation can be considered under this section,
the owner must have received notice in writing of this violation within
30 days after the Code Enforcement Officer or designated representative
received notice of the violation.
E.
Procedure for nonrenewal, suspension or revocation of license and
appeal notification. Following a determination that grounds for nonrenewal,
suspension or revocation of an occupancy license exist, the Code Enforcement
Officer or designated representative shall notify the owner of the
action to be taken and the reason therefor. Such notification shall
be in writing, addressed to the owner/manager in question, and shall
contain the following information:
(1)
The address of the premises in question and identification of the
particular regulated rental unit(s) affected.
(2)
A description of the violation which has been found to exist.
(3)
A statement that the occupancy license for said regulated rental
unit(s) shall be either suspended or revoked, or will not be renewed
for the next registration period or that the owner will receive a
formal warning. In the case of a suspension or revocation, the notice
shall state the date upon which such suspension or revocation will
commence, and in the case of a suspension shall also state the duration
of said suspension.
(4)
A statement that, due to the nonrenewal, suspension or revocation
(as the case may be), the owner or any person acting on his, her or
its behalf is prohibited from renting, letting, or permitting occupancy
of the regulated rental unit(s) by any individuals subject to said
enforcement action from and during the period said action is in effect.
(5)
Any person affected by a decision of the Code Enforcement Officer
or designated representative or a notice or order issued by the Code
Enforcement Officer or designated representative shall have the right
to appeal to the Board of Appeals, provided that a written application
for appeal is filed within 10 days after the day the decision, notice
or order was served.
F.
Delivery of notification.
(1)
All violation notices shall be sent to the owner or manager, if applicable,
by certified mail. In the event that the notice is returned by the
postal authorities marked "unclaimed" or "refused," then the Code
Enforcement Officer or designated representative shall attempt delivery
by personal service on the owner or manager, if applicable. The Code
Enforcement Officer or designated representative shall also post the
notice at a conspicuous place on the premises.
(2)
If personal service cannot be accomplished after a reasonable attempt
to do so, then the notice may be sent to the owner or manager at the
address stated on the most current license application for the premises
in question, by regular first-class mail, postage prepaid. If such
notice is not returned by the postal authorities within five days
of its deposit in the U.S. Mail, then it shall be deemed to have been
delivered to, and received by, the addressee on the fifth day following
its deposit in the U.S. mail, and all time periods set forth above
shall thereupon be calculated from said fifth day.
A.
Basis for violation. It shall be unlawful for any person, as either
owner or manager of a regulated rental unit, for which an occupancy
license is required, to operate without a valid, current occupancy
license issued by the Township 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 occupancy 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 Magisterial District
Judge, by a fine not to exceed $1,000 plus costs, and 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 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 Township
in the case of a violation of any other Code or ordinance of the Township,
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 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.
D.
Severability. 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 of 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.
E.
Repealer. All ordinances or parts of ordinances which are inconsistent
herewith are hereby repealed to the extent of such inconsistency,
including specifically Chapter 176, Tenant Registration, of the Code
of the Township of Patterson.
F.
When effective. This article shall become effective 90 days from
the date of adoption.
