This article shall be known and may be cited as the "Farrell Tenant Registration Ordinance."
[HISTORY: Adopted by the City Council of the City of Farrell as indicated in article histories. Amendments noted where applicable.]
[Adopted 10-20-1983 by Ord. No. O-8-1983]
As used in this article, the following terms shall have the meanings indicated:
Any room or group of rooms located within the building or structure and forming a single habitable unit with facilities which are used, or intended to be used, for living, sleeping, cooking or eating.
Any person who either alone, jointly or severally with others shall have title to any dwelling or dwelling unit, or shall have charge, care or control of the dwelling or dwelling unit as agent for the person holding legal title, or as executor, executrix, administrator, administratrix, trustee or guardian of the estate of a person holding legal title, or any person selling under an article of agreement unless said article of agreement has been properly recorded in the Office of the Recorder of Deeds of Mercer County, Pennsylvania.
Permissive occupancy by a person or persons, other than members of the landlord's immediate family, of any dwelling or dwelling unit.
Any individual, firm, corporation, association or partnership.
The person or persons permitted by the landlord to occupy any dwelling unit, whether under written or oral lease, or otherwise, and regardless of whether or not any rent, charge or fee is made or whether any consideration is otherwise involved.
A.
All landlords shall, within 30 days of the lease of any dwelling or dwelling unit, notify the City of Farrell of the names of their tenants. Such information shall be filled with the Office of the City Clerk on forms to be supplied by the City of Farrell.
B.
All tenants shall, within 30 days of notification by the City of Farrell, notify the City of Farrell of the social security numbers, place or places of employment and complete post office addresses of each person 18 years of age or over occupying or residing within the dwelling or dwelling unit involved.
A.
All landlords shall, within 30 days of any change of status with regard to any registration required by this article, notify the City of Farrell of the particular change on forms to be provided by the City of Farrell.
B.
All tenants shall, within 30 days of any change of status with regard to any registration or information required to be furnished by this article, notify the City of Farrell of the particular change on forms to be provided by the City of Farrell.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
A.
Any landlord who fails, neglects or refuses to identify his or her tenants within the time limits prescribed by this article, or who fail, neglect or refuse to notify the City of any change of occupancy within the time limits prescribed by this article, or who shall knowingly make an incomplete, false or fraudulent report, shall be in violation of this article, and shall, upon conviction thereof, be sentenced to pay a fine of not more than $1,000, plus costs, or to a term of imprisonment not to exceed 90 days, or both. A separate offense shall be deemed committed each day on which or during which a violation of this article occurs or continues.
B.
Any tenant who fails, neglects or refuses to notify the City of Farrell of the Social Security numbers, place or places of employment and complete post office address of each person 18 years of age or over occupying or residing within the dwelling unit of the tenant within the time limits prescribed by this article, or who fails, neglects or refuses to notify the City of Farrell of any change of occupancy and to furnish the social security numbers, place or places of employment and current post office addresses of each person 18 years of age or over of the new occupants within the time limit prescribed by this article or who shall knowingly make an incomplete, false or fraudulent report, shall be in violation of this article, and shall, upon conviction thereof, be sentenced to pay a fine of not more than $1,000, plus costs, or to a term of imprisonment not to exceed 90 days, or both. A separate offense shall be deemed committed each day on which or doing which a violation of this article occurs or continues.
[Adopted 1-25-1999 by Ord. No. O-1-1999]
The City of Farrell has recognized an increase in non-owner-occupied and rental properties within the City and as a result thereof, the City is desirous of taking measures to ensure that properties offered for rent or occupancy within the City are safe, healthful and habitable.
This article shall be known as the "City of Farrell Non-Owner-Occupied and Rental Licensing Ordinance."
The provisions of this article shall supplement local laws, ordinances or regulations existing in the City or those of the Commonwealth of Pennsylvania. Where a provision of this article is found to be in conflict with any provision of a local law, ordinance, code or regulations or those of the Commonwealth of Pennsylvania, the provisions which are more restrictive or which establishes a higher standard shall prevail.
As used in this article, the following terms shall have the meanings indicated:
A building or roofed structure, consisting of one or more rooms which are enclosed by one or more walls, for the shelter, housing, residency, occupancy and/or for living or sleeping purposes of one or more persons.
An owner, lessor, sub-lessor, person or persons or one who acts as an agent for the owner, lessor, sub-lessor, person or persons, of any parcel of real estate located in the City of Farrell, upon which a dwelling is located and which said dwelling is one that is occupied or will or may be offered or made available for occupancy by a person or persons other than the owner of the dwelling. Excluded from this definition is any part of real estate upon which a dwelling is located and which said dwelling is one that is occupied or may be offered or made available for occupancy by person or persons other than the owner of the dwelling which is owned by the Mercer County Housing Authority or a wholly owned and controlled subsidiary of the Mercer County Housing Authority or is qualified as a Department of Housing and Urban Development Section 8 Dwelling and only during the period of said designation.
Any individual, partnership, association, firm, corporation, entity or estate (other than the Mercer County Housing Authority or any subsidiary owned and controlled by the Mercer County Housing Authority.)
A person who has a right to occupy or use or is actually occupying or using, wither by himself or with others, a dwelling owned by a person other than himself, for a period exceeding five days.
Within 30 days from the effective date of this article, every landlord as defined herein shall submit to the City Code Enforcement Officer a report form supplied by the City which includes the following information:
A.
List of the dwellings owned by the landlord located within the City whether occupied or not occupied.
B.
Address of each dwelling.
C.
Whether or not said dwelling is occupied by a person and if so, the name of the designated head of household and the number of persons occupying said dwelling.
D.
Whether the Department of Housing and Urban Development has qualified said dwelling for Section 8 designation.
After the effective date of this article, any person who becomes a landlord as defined herein of any dwelling located within the City, by agreement of sale, land contract, deed or by any other means whatsoever, shall within 30 days thereafter, report to the City Code Enforcement Officer, all of the information in § 298-10 above and on forms to be provided by the City.
After the effective date of this article, each and every landlord as defined herein, of a dwelling or dwellings with the City shall report to the Code Enforcement Officer any changes in the use or occupancy of any dwelling. The reported change shall include the name or names of the new tenants and/or occupants of such dwelling and the date when such change was affected. If the dwelling was used or utilized by a person as a dwelling and then becomes vacant for a period of 30 days or more, this change shall also be reported within 10 days after the dwelling has become vacant for 30 days or more, or has a change in occupancy.
The Code Enforcement Officer shall:
A.
Maintain a file at the City Building containing the names of landlords owning dwellings in the City. Said list shall contain the names of current tenants of every dwelling.
B.
Maintain a supply of forms for landlords to use in making reports to the City Code Enforcement Officer, as required above.
C.
Notify the police enforcement agency and/or Fire Chief of the City of the address of any dwellings that are vacant, unoccupied or not in use.
[Amended 9-24-2012 by Ord. No. O-10-2012; at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
A.
No person and/or landlord shall allow a dwelling or dwelling unit to be offered for occupancy by a person or persons other than the record owner of the dwelling or dwelling unit unless he or she has obtained from the City a license to offer such dwelling to said person or persons.
B.
No owner, agent, lessor or other person shall hereafter rent, lease or let space be occupied by persons as a dwelling or dwelling unit unless application for a license has been filed as set forth above. The Code Enforcement Officer shall thereafter inspect such premises in accord with the provisions set forth herein. Upon substantial compliance the provisions of this article, the Code Enforcement Officer shall certify such premises as being suitable for occupancy. If, in the event that the Code Enforcement Officer denies certification, he or she shall state the reasons therefor in writing to the person filing such notice within five working days after inspection of the premises.
[Amended 9-24-2012 by Ord. No. O-10-2012]
A.
Commencing March 31, 1999, and continuing on or before March of each calendar year thereafter every landlord as defined herein shall apply for a license in which he or she owns property which is non-owner-occupied or may be made available for occupancy by a person other than the owner. If the landlord as defined herein shall come in possession by any means whatsoever of property that is occupied by a person other than the owner on or after March 31 of any calendar year, then he shall make application for a license as prescribed for and provided for herein within 30 days from the date that he or she comes into possession of said dwelling unit.
B.
Every landlord or person applying for a license as provided for herein shall supply such information as set forth herein and/or as required by the City pursuant to the City's application which may be amended, from time to time. Each applicant shall pay a license fee on or before May 15th of each calendar year in the amount of $40 per each dwelling as defined herein which amount shall include an inspection fee. The fee shall be increased to $60 for each dwelling if paid between May 16th and June 30th and if paid after June 30th of each calendar year shall be increased to $80 per dwelling. If additional inspections are required to obtain the requisite certification(s), each additional inspection shall be charged at the rate of $50.
C.
Upon receipt of an application for a license, the City shall immediately issue said license to operate within the City as a landlord. However, upon acceptance of the license, the applicant shall be subject to the inspection provisions contained herein and shall comply with and satisfy all requirements of this article and any other requirements that the City shall request and require of said applicant.
A.
Upon the receipt of an application for a license or upon notice form a landlord as defined herein of a change in use or occupancy of a dwelling unit, the City shall schedule the Code Enforcement Officer to inspect the dwelling unit as soon as conveniently possible. The Code Enforcement Officer shall certify to the City that the dwelling unit is in compliance with this article. No license, however, shall be renewed the following year nor renewed for any change in use or occupancy of the dwelling unit nor may any tenant occupy a dwelling unit unless any inspection demonstrates that the dwelling unit is in compliance with this article.
B.
The Code Enforcement Officer is hereby authorized and directed to make inspection to each dwelling unit in which the City receives an application for a license to determine the condition of the dwelling units, rooms and premises of dwellings within the City in order that he may perform such duties necessary for safeguarding the health and safety of the occupants of the dwelling sand of the general public. Unless otherwise prevented by any provision of a local law, ordinance, code, regulation, state or federal law, for the purpose of making such inspection, the Code Enforcement Officer is hereby authorized with reasonable advance notice to enter, examine and survey during normal business hours all dwellings, dwelling units, establishments and premises. The person in charge thereof or otherwise having the authority to do so, shall give the Code Enforcement Officer free access to such dwelling unit and its premises at all reasonable items for the purposes of such inspection, examination and survey. In the event of a written lease, the owner shall incorporate therein a provision wherein the owner or his agent or employee shall have access to any part of the dwelling unit or its premises at all reasonable items with reasonable advance; notice for the purposes of making such repairs or alterations that are necessary to affect compliance with the provisions of this article and with any lawful rule or regulation adopted by a lawful order issuing pursuant to the provisions of this article.
No person shall occupy as a tenant nor shall an owner lease to another for occupancy any dwelling or dwelling unit for the purpose of living, sleeping, cooking or eating therein which does not comply with the requirements of this article.
[Amended 9-24-2012 by Ord. No. O-10-2012; at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
Every dwelling or dwelling unit shall meet all requirements of the International Property Maintenance Code, as amended, and shall also have, inter alia, the following:
A.
A kitchen which can be used for the preparation of meals which may be either a separate room or an area of a larger room that has electricity, a stove or range, a refrigerator, sink and space for storage, preparation and serving of food.
B.
A bathroom which as at a minimum an enclosure around the toilet, a toilet in working condition, a fixed wash basin or laboratory in-unit, a tub or shower in-unit and working ventilation.
C.
A room used for living space that is lived in on a regular basis.
D.
A smoke detector which is either battery operated or hard wired that is functional and working on each level of the unit, including, but not limited to, the basement. The smoke detector must be installed in accordance with and meet the requirements of the National Fire Protection Association Standard 74 or its successor standards.
E.
Building exterior. The foundation shall be free from structural defects indicating the potential for structural collapse and shall not allow entry of groundwater.
F.
All stairs, rails and porches on the exterior shall be free from structural defects, broken, rotting or missing steps, free from insecure railing around a porch or balcony which is approximately 30 inches or more above the ground. The roof and gutters shall be free from buckling or sagging indicating the potential structural collapse, large holes or other defects that would result in air or water infiltration and the gutters, downspouts, and soffits shall be free from decay and shall not permit the entry of air or water into the interior of the structure. If the dwelling or dwelling units has a chimney, the chimney shall not be leaning or showing evidence of disintegration, have missing bricks or mortar or be deteriorated to a degree indicating the potential for structural collapse.
G.
Every dwelling or dwelling unit shall have the appropriate mechanical devices in place that are in compliance with the International Property Maintenance Code, 2009 edition, to furnish heat to the occupants thereof during the period from October 1 to May 15 to maintain a temperature of not less than 68° F. (20° C.) in all habitable rooms, bathrooms and toilet rooms. See § 287-2H of this Code.
H.
Every landlord or owner of a dwelling unit which is not occupied by the owner shall be responsible for insuring that each dwelling or dwelling unit disposes of all regulated municipal waste and recyclable materials in a clean and sanitary manner by placing it in an approved storage or disposal facility which is safe and sanitary and in compliance with all City ordinances and resolutions.
The Code Enforcement Officer, under the authority of this article, shall, unless otherwise stated in this article, inspect every dwelling or dwelling unit which the owner makes application to the City pursuant to the terms prescribed herein. In the process of inspecting each dwelling or dwelling unit as described herein, the Code Enforcement Officer shall complete each form it its entirety indicating whether each of the required rooms therein have passed or failed. If the rooms, dwelling or dwelling unit has failed, the Code Enforcement Officer shall so indicate in the space provided, the reasons why and what repairs, if necessary, will be needed in order to comply with the requirements herein. The Code Enforcement Officer shall, if the dwelling or dwelling unit fails to pass inspection, reinspect the premises at the request of the owner or landlord and shall designate on the forms the date of final approval. The forms provided by the City shall set forth the requirement of each and every dwelling, dwelling unit and room therein that shall be inspected and the requirements necessary to receive certification by the Borough for occupancy and compliance with this article.
Every license shall be displayed in a conspicuous place within the dwelling or dwelling unit.
Each license shall remain in force and effect for one year from the date of issuance.
No license required by this article shall be transferable.
Whenever the City determines that there exists any violation of this article, it shall serve notice as provided herein, and will notify the owner, landlord or agent in writing that unless the notice of violation is complied with, the dwelling or dwelling unit license may be revoked. After the expiration of the time for compliance as stated on the notice of violation, a reinspection shall be made to determine compliance. If the violation has not been corrected and no appeal is pending, the City shall revoke the license and in such event shall serve written notice upon the owner or landlord or their agent of such action.
A.
Any person or landlord whose license has been revoked or whose application for a license to operate has been denied, may appeal to the Code Appeals Board presently established by the City of Farrell by filing a petition for appeal on the form provided by the City within 20 days of the action or of the receipt by written notice of any decision or ruling which is being appealed.
B.
The Code Appeals Board shall meet and conduct a hearing within 30 days of the receipt of an appeal. All hearings shall be public and all persons whose interest may be affected shall be evidence and testimony presented at the hearing. The records shall be stenographic or other means.
C.
All decisions of the Board shall be in writing and a copy of each decision shall be sent to the appellant and to the City. The Code Appeals Board shall also retain in its file a copy of each decision which files shall be available for inspection by the public. Each decision shall set forth fully the reasons for the decision of the Code Appeals Board and the findings of fact on which the decision was based.
D.
Any person or persons aggrieved by any final order or decision of the Code Appeals Board may appeal such order or decision within 30 days, to the Court of Common Pleas in accordance with, as far as practicable, the Rules of Civil Procedure of the Supreme Court regarding appeals from administrative agencies.
A.
No license shall be issued to any person or landlord as defined herein for purposes or renting or making available or permitting a non-owner to occupy the premises if the person or landlord resides outside the County of Mercer, unless such person or landlord provides to the City the name, address and telephone number of a designated responsible agent who shall be an individual, and who shall reside or maintain a place of business within the County of Mercer. Designation of a responsible agent shall authorize the responsible agent to receive notices and communications necessary or deemed to be appropriate by the City under the terms of this article and to accept service of process of the initial and subsequent pleading on behalf of the owner or landlord which may be necessary or deemed to be appropriate by the City for the enforcement of this article; provided, however, that nothing contained herein shall effect the right for the City to submit notices and communications directly to the person, rather than the responsible agent, or to serve process any initial and subsequent pleading in any other manner permitted by law. Such authorization must be signed by the owner and/or landlord and by the designated responsible agent.
B.
Any owner or landlord to whom a license has been issued who subsequently changes his place of residence and resides outside the County of Mercer or changes the designation of a responsible agent shall notify the City within 30 days after such change.
[Amended 2-27-2023 by Ord. No. O-2-2023; at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
Any person who shall violate any provision of this article shall be fined and required to pay not more than $1,000 for each violation, plus costs, or to a term of imprisonment not to exceed 90 days, or both, for each violation. Each day that a violation continues shall be deemed a separate offense. Further, any person who shall violate any provision of this article may have their license revoked and may not be eligible for the annual renewal of their license. Moreover, any person who shall violate any provision of this article shall be subject to assessment of attorneys' fees as authorized by the City ordinance.