A.
It is the purpose of this Part 1 and the policy of the Council of
the Borough of Tarentum, 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 Tarentum 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 owners,
managers and occupants share responsibilities to obey the various
Codes adopted to protect and promote public health, safety and welfare.
As means to those ends, this Part 1 provides for a system of inspections;
issuances of occupancy permits and registrations; and sets penalties
for violations. This Part 1 shall be liberally construed and applied
to promote its purposes and policies.
B.
In considering the adoption of this Part 1, the Borough of Tarentum
makes the following findings:
(1)
There is a greater incidence of violations of various Codes of the
Borough at residential properties where owners of rental property
do not reside in the Borough than at owner-occupied residential properties
or family-occupied residential rental properties.
(2)
There is a greater incidence of problems with the maintenance and
upkeep of residential properties where owners do not reside in the
Borough than at owner-occupied residential properties or family-occupied
residential rental properties.
(3)
There is a greater incidence of disturbances which adversely affect
the peace and quiet of the neighborhood at residential properties
where owners do not reside in the Borough than at owner-occupied residential
properties or family-occupied residential rental properties.
As used in this part, the following terms shall have the meanings
indicated:
The Borough of Tarentum, Allegheny County, Pennsylvania.
Any code or ordinance adopted, enacted, and/or in effect
in and for the Borough of Tarentum concerning fitness for habitation
or the construction, maintenance, operation, occupancy, use of 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 Part 1: BOCA Basic Building Code; International
Property Maintenance Code; BOCA Basic Fire Prevention Code; National
Electric Code; Floodplain Management Ordinance; Weed and Vegetation
Control Ordinance; Sidewalk Maintenance and Ice Removal Ordinance;
Zoning Ordinance; and any duly enacted amendment or supplement to
any of the above and any new enactment falling within this definition.
The duly appointed Code Enforcement Officer(s) having charge
of the office of the Code Enforcement of the Borough of Tarentum,
any assistants or deputies thereof.
In multiple-unit dwellings, space which is not part of a
regulated rental unit and which is shared with other occupants of
the dwelling whether they reside in regulated dwelling units or not.
Common areas shall be considered as part of the premises for purposes
of this Part 1.
Any form of conduct, action, incident or behavior perpetrated,
caused or permitted, by an occupant or visitor of a regulated dwelling
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, or 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.
A written report of disruptive conduct on a form to be prescribed
therefor, to be completed by the Code Enforcement Officer or police,
as the case may be, who actually investigates an alleged incident
of disruptive conduct and which shall be maintained by the Code Enforcement
Officer.
A building having one or more 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.
A person on the premises with the actual or implied consent
of an occupant.
One or more persons, jointly or severally, in who 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 under Article II, § 198-4. 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 Part 1 and under rental agreements with occupants.
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.
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 a regulated
rental unit.
A dwelling unit in which the owner resides on a regular,
permanent basis.
A natural person, partnership, corporation, unincorporation
association, limited partnership, trust, or any other entity.
The Police Department of the Borough of Tarentum or any properly
authorized member or officer thereof or any other law enforcement
agency having jurisdiction within the Borough of Tarentum.
Any parcel or real property in the Borough, including the
land and all buildings and appurtenant structures or appurtenant elements,
upon which one or more regulated rental units is located.
A dwelling unit occupied by any person under a rental agreement.
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).
