[HISTORY: Adopted by the Borough Council of the Borough of
Ambridge 8-26-2008 by Ord. No. 1226. Amendments noted where applicable.]
[Amended 5-8-2018 by Ord.
No. 1307]
The Borough of Ambridge recognizes the need for a registration
program for occupied or vacant rental units located within the Borough
in order to ensure rental units meet all applicable building, existing
structures, fire, health, safety and zoning codes and to provide an
efficient system for compelling both absentee and local landlords
to correct violations and maintain, in proper condition, rental property
within the Borough. The Borough recognizes that the most efficient
system is the creation of a program requiring the registration of
residential rental units within the Borough as defined in this chapter,
so that an inventory of rental properties and a verification of compliance
can be made by Borough officials.
[Amended 5-8-2018 by Ord.
No. 1307]
As used in this chapter, the following terms and words shall
have the following meanings, unless the context clearly indicates
that a different meaning is intended.
The Borough of Ambridge, its Manager and his/her designees
and the public safety and code enforcement officers of the Borough.
A building, or portion thereof, designed for occupancy for
residential purposes and having cooking facilities and sanitary facilities.
Any person who owns or controls a dwelling, dwelling unit
or rental unit and rents such unit, either personally or through a
designated agent, to any person.
Shall have the meaning as set forth in the Pennsylvania Rules
of Criminal Procedure.
The Code Enforcement Officer and/or Borough Manager.
The legal title holder of a rental unit or the premises within
which the rental unit is situated.
A rental unit that is occupied in whole or in part by an
individual whose name specifically appears on the deed for the property
where the rental unit is located.
Any natural individual, firm, partnership, association, joint-stock
company, joint venture, public or private corporation or receiver,
executor, personal representative, trust, trustee, conservator or
other representative appointed by order of any court.
A lot, plot or parcel of land, including the buildings or
structures thereon, which also includes dwelling units and dwellings.
Any dwelling unit or residential structure containing sleeping
units, including but not limited to hotels, motels, bed-and-breakfast
establishments, boardinghouses or sleeping rooms, which currently
are or are intended to be leased or rented from the owner or other
person in control of such units to any tenant, whether by day, week,
month, year or any other term. Hotels, motels and bed-and-breakfast
establishments shall be exempt from this chapter. Vacant dwelling
units shall be considered regular units for rental registration purposes.
A natural person having his or her place of residence in
the State of Pennsylvania and/or a professional, licensed real estate
management firm with an office located in the State of Pennsylvania
that has been granted legal authority by the property owner in accordance
with the laws of the commonwealth as the agent responsible for operating
such property in compliance with the ordinances adopted by the Borough.
No person shall lease, rent, occupy or otherwise allow a rental
unit within the Borough to be occupied within the Borough without
first obtaining a rental permit from the license officer.
A.
A permit can be acquired after the owner of the rental unit shall have registered the rental unit with the Borough by fully completing and filing a current registration form either online or in paper form with the Borough, as provided in § 216-4 of this chapter.
B.
A permit will be denied unless all of the following requirements
are met:
(2)
All fees charged by the Borough for the registration of the rental
unit shall be paid in full.
(3)
All real estate, business taxes, and housing court judgments are
paid in full and proof of adequate fire insurance covering the dwelling
unit and rental unit is provided and maintained at the time of issuance
of the permit and during the duration of said permit. The fire insurance
coverage must be in an amount reasonably calculated to pay for the
cost of repair, replacement and/or the demolition of the structure
in which said dwelling unit and rental unit is situated. The Borough
is hereby authorized to demand proof of payment of said taxes, judgments
and fire insurance policy(ies) of reasonable intervals during the
duration of the said permit.
[Amended 1-9-2017 by Ord.
No. 1301]
(4)
The owner or responsible local agent of the rental unit shall provide the Borough a document which states the name(s), and telephone number(s) of the leaseholders who will occupy the unit. It shall also provide the length of their occupancy. This information shall be supplied annually in accordance with § 216-4.
No person shall lease, rent, occupy or otherwise allow a rental
unit within the Borough to be occupied without first registering the
rental unit with the Borough and designating a responsible local agent.
A.
Registration forms. Registration shall be made upon forms furnished
by the Borough and shall require all of the following information:
(1)
The street address and block and lot number of the rental unit(s);
(2)
The number and types of rental units within the rental property;
(3)
Name, residence address, telephone number and, where applicable,
an e-mail address, mobile telephone number, and facsimile number of
all property owners of the rental unit(s);
(4)
Name, residence address, telephone number and, where applicable,
an e-mail address, mobile telephone number, and facsimile number of
the responsible local agent designated by the owner;
(5)
The maximum number of tenants permitted for each rental unit;
(6)
The name, address, telephone number and, where applicable, an e-mail
address, mobile telephone number, and facsimile number of the person
authorized to collect rent from the tenants;
(7)
The name, address, telephone number and, where applicable, an e-mail
address, mobile telephone number, and facsimile number of the person
authorized to make or order repairs or services for the property if
in violation of Borough or state codes, if the person is other than
the owner or the responsible local agent;
(8)
The name, address and telephone number of any lienholder(s) on the
rental unit or the real property on which the rental unit is located
at time of annual registration;
(9)
The name and telephone number of all leaseholders, number of occupants
and the termination date of the lease; and
(10)
A copy of a current valid occupancy permit for the property
shall be provided at the initial application but shall not be necessary
unless there is a transfer of property.
B.
Accurate and complete information. All information provided on the
registration form shall be accurate and complete. No person shall
provide inaccurate information for the registration of a rental unit
or fail to provide the information required for such registration.
The registration form shall be signed by the property owner(s) or
the designated responsible local agent, where applicable. When the
owner is not a natural person, the owner information shall be that
of the president, general manager or other chief executive of the
organization. When more than one person has an ownership interest,
the required information shall be provided for each owner.
C.
Change in registration information or transfer of property.
(1)
Except for a change in the registered local agent, the property owner
of a rental unit registered with the Borough shall reregister within
60 calendar days after any change occurs in the registration information.
(2)
If the property is transferred to a new owner, the new property owner
of a registered rental unit shall reregister the rental unit within
60 calendar days following the transfer of the property.
(3)
Property owners shall notify the Borough of any change in the designation
of the registered local agent, including a change in name, address,
e-mail address, telephone number, mobile telephone number or facsimile
number of the designated registered local agent, within five business
days of the change.
(4)
A change in the lienholder or tenants shall be made upon annual registration.
D.
Registration term and renewals. Registration of a rental unit shall
be effective for one year. All registrations shall expire on September
30 of each year. The property owner shall reregister each rental unit
with the Borough 30 calendar days prior to the expiration of the registration
of the rental unit (August 31 of each year).
E.
Responsible local agent. The designated responsible local agent shall
be responsible for all of the following:
(1)
Operating the registered rental unit in compliance with all applicable
Borough ordinances;
(2)
Providing access to the rental unit for the purpose of making any
and all inspections necessary to ensure compliance with the applicable
Borough ordinances;
(3)
Maintaining a list of the names and number of occupants of each rental
unit for which he or she is responsible; and
(4)
Accepting all legal notices or services of process with respect to
the rental unit.
A.
Basis for inspections. Inspections may be made to obtain and maintain
compliance with the standards of this chapter based upon one of the
following.
(1)
A complaint received by the Borough of Ambridge or any law enforcement
agency indicating that there is a violation of the standards or the
provisions of any ordinance adopted by the Borough or county or any
state law;
(2)
An observation by any law enforcement officer or of any member of
the Ambridge Fire Department of a violation of the standards or the
provisions of any ordinance adopted by the Borough or any state law;
(3)
A report or observation of a dwelling unit that is unoccupied and
unsecured or a dwelling that is damaged by fire;
(4)
The failure to register or comply in any manner with the provisions
required by this chapter;
(5)
The need to determine compliance with a notice or an order issued
by the Borough;
(6)
An emergency observed or reasonably believed to exist;
(7)
A request for an inspection by the property owner; or
(8)
Requirements of law where a dwelling is to be demolished by the Borough
or where ownership is to be transferred to the Borough.
B.
Inspection procedures.
(1)
Once the Borough of Ambridge has determined that a rental unit is
in compliance with all of the ordinances adopted by the Borough and
state law, the inspection required for issuance of a certificate of
safety shall be satisfied. The inspection shall then be valid for
a period of two years from the date the certificate of safety is issued.
(2)
If, upon completion of an inspection, the premises are found to be
in violation of one or more provisions of applicable Borough and state
codes and ordinances, the Borough shall provide the registered local
agent and/or owner with written notice of such violations. The Borough
of Ambridge shall set a reinspection date before which such violation
shall be corrected. If such violation has been corrected within that
period, the inspection required for issuance of a certificate of safety
and rental permit shall be satisfied. If such violations have not
been corrected within that period, the Bureau of Building Inspection
shall not issue the certificate of safety and rental permit and may
take any action necessary to enforce compliance with applicable Borough
and state codes and ordinances.
(3)
If there is a complaint filed on a property with the Borough of Ambridge,
the owner and/or responsible local agent will be notified in writing.
In the event that the complaint is of an emergency nature, as determined
by any Borough code enforcement officer, it will require immediate
compliance with the adopted Building Code. If the complaint is not
of an emergency nature, the owner will have a period of time as legally
prescribed by the Borough to correct such violation, after which a
reinspection or written verification from owner and/or responsible
local agent and complaining party that the violation has been corrected
will be required.[1]
(4)
If an inspection is initiated by a complaint and no violation is
found to exist, no inspection fee will be assessed against the owner
of the inspected rental unit in compliance.
(5)
Where a reinspection must be made to ensure conformity with this
chapter for those rental units that have been issued violation notices,
the Borough will charge a separate inspection fee for every inspection
when the violation has not been abated or corrected; this fee may
not be waived.
(6)
If an inspection is scheduled and the owner or responsible local
agent fails to appear, an inspection fee shall be assessed against
the owner and/or the responsible local agent, and no inspection shall
be completed until the inspection fee is paid in full.
(7)
Access to property for inspection shall be made in accordance with
state and federal laws.
A.
The rental permit shall be displayed in a conspicuous place in each
rental unit at all times, along with the name, address and telephone
number of the responsible local agent.
B.
If the owner does not comply with this chapter a notice of noncompliance
may be placed on the building in a manner determined by the Borough.
A.
An owner of a registered rental property may obtain a certificate
of safety from the Borough, providing there are no violations, by
voluntarily having his property inspected by the Borough for a fee
or by a private inspection firm that has been preapproved by the Borough.
B.
The certificate of safety shall contain the specific items that the
property has been inspected for and performed in a manner determined
by the Borough.
C.
The certificate of safety shall be valid for a period of two years.
D.
The Borough shall maintain no liability in regards to the certificate
of safety.
A.
The Borough Council shall establish, by resolution, an appropriate
fee for rental permit registration and inspections and may review
and increase such fees on an annual basis.
B.
If an inspection is initiated by a complaint and no violation is
found to exist, no inspection fee will be assessed against the owner
of the inspected rental unit in compliance.
C.
Where a reinspection must be made to ensure conformity with this
chapter for those rental units that have been issued violation notices,
the Borough will charge a separate inspection fee for every inspection
only when it is found that the violation has not been abated or corrected.
D.
Fee schedule. The fees for the annual rental registration permit,
building inspections, replacement of certificate of safety or valid
rental permit, or issuance of certificate of safety with use of a
private inspection firm are as set from time to time by resolution
of the Borough Council.[1]
E.
In order to assure that funds are available to provide an adequate
number of staff for appropriate enforcement and enactment of this
chapter, all fees shall be deposited in a rental permit program trust
fund that shall be established by Borough Council.
All records, files and documents pertaining to the rental registration
and licensing and rental unit inspection program shall be maintained
by the Borough, and all or portions of such documents shall be made
available to other appropriate Borough departments and the public
in accordance with the applicable provisions of Pennsylvania law.
A.
Initial implementation shall begin no later than September 26, 2008,
in a manner determined by the Borough, but in any case all rental
permit registrations must be completed and paid in full no later than
March 31st of the year they are due.[1]
B.
It is Council's intent that the appropriate expenditures are
made and the staff to implement the program is hired on or before
the initial implementation date.
Violation of this chapter shall be a summary offense. The fine
for each separate violation shall be a fine not to exceed $1,000 per
each unit per each month that a rental unit is not registered or inspected
as required by this chapter, plus any fees that have been charged
for inspection, if applicable. Inspection fees shall not be waived
or reduced.
