[Ord. 1227, 6/14/1999, § I; as amended by Ord. 1261-01, 12/10/2001, §§ 1, 2; by Ord. 1323-06, 11/13/2006, §§ 1, 2; and by Ord. 1384-10, 10/25/2010]
1.
Purpose/Scope/Declaration of Policy and Findings.
A.
It is the purpose of this Part and the policy of the Borough Council of the Borough of Gettysburg, 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 Gettysburg 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 and ordinances adopted to protect and promote public health, safety and welfare. It is further the policy of the Borough to protect the quality of life of those Borough residents who live within traditionally residential neighborhoods in which existing housing has been converted into non-owner-occupied rental properties. It is also the policy of the Borough to maintain the high quality of its housing stock and to further protect the value of its housing stock. As a means to those ends, this Part provides for a system of inspections, issuance and renewal of occupancy licenses and sets forth penalties for violations. This Part shall be liberally construed and applied to promote its purposes and policies.
B.
In considering the amendment of this Part, the Borough Council of the Borough of Gettysburg makes the following findings:
(1)
There is a greater incidence of violations of various codes and ordinances of the Borough at residential properties where owners do not reside in the Borough and rent such properties to one or more individuals than at owner-occupied residential 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 and rent such properties to one or more individuals than at owner-occupied residential 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 and rent such properties to one or more individuals than at owner-occupied residential properties.
2. BOARD BOROUGH CODE(S) CODE ENFORCEMENT OFFICER COMMON AREA DISRUPTIVE CONDUCT DISRUPTIVE CONDUCT REPORT DWELLING DWELLING UNIT GUEST(S) LANDLORD MANAGER MULTIPLE-UNIT DWELLING OCCUPANCY LICENSE OCCUPANT OCCUPANCY LICENSE OWNER OWNER-OCCUPIED DWELLING UNIT OWNER-OCCUPIED DWELLING UNIT PERSON POLICE PREMISES REGULATED RENTAL UNIT(S) RELATED RENTAL AGREEMENT(S) TENANT UNRELATED
Definitions. As used in this Part, the following terms shall have the meanings indicated:
The Code Enforcement Appeals Board of the Borough of Gettysburg, Adams County, Pennsylvania, as authorized in Chapter 1, Part 1C, of the Code of Ordinances of the Borough of Gettysburg.
The Borough of Gettysburg, Adams County, Pennsylvania.
Any code or ordinance adopted, enacted and/or in effect in and for the Borough of Gettysburg concerning fitness for habitation or the construction, maintenance, operation, occupancy, use or appearance of any premises or dwelling unit.
The code official charged with the administration and enforcement of this code, or any duly authorized representative of the Borough.
In multiple unit dwelling, space which is not part of a regulated rental unit and which is shared with other occupants of the dwelling whether they reside in a regulated rental unit or not. Common areas shall be considered as part of the premises for the purposes of this Part.
Any form of conduct, action, incident or behavior perpetrated, caused or permitted by an occupant or visitor of a regulated rental unit that is so loud, untimely (as to 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. "Disruptive conduct" shall not be deemed to have occurred unless the Code Enforcement Officer or the 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 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 single unit providing complete, independent living facilities for one or more persons, including permanent provisions for living, sleeping, eating, cooking and sanitation.
A person or persons on the premises with the actual or implied consent of an occupant.
Any person, agent or operator having a legal or equitable interest in a regulated rental unit who leases a regulated rental unit to a tenant or tenants.
An adult individual designated by the owner of a regulated rental unit under § 4-302(2) herein. The manager shall be the agent of the owner for service of process and receiving notices or demands and to perform the obligations of the owner under this Part and under rental agreements with occupants.
A building containing two or more independent dwelling units including, but not limited to, double houses, row houses, town houses, condominiums, apartment houses and conversion apartments.
The license issued to the owner of a regulated rental unit under this Part, which is required for the lawful rental and occupancy of a regulated rental unit.
An individual, whether or not the legal owner of record, who resides in a regulated rental unit under a legal relationship with the owner or landlord as established by a written or verbal lease or otherwise by the laws of the Commonwealth of Pennsylvania.
The license issued to the owner of a regulated rental unit under this Part, which is required for the lawful rental and occupancy of a regulated rental unit.
Any person, agent or operator having a legal or equitable interest in a regulated rental unit property who leases a regulated rental unit to a tenant or tenants, or otherwise having legal control of the property, including, but not limited to the guardian of the estate of the property owner, or the executor or administrator of the estate of a property owner, or mortgage holder in possession of a regulated rental unit.
A dwelling unit in which the owner resides on a regular, permanent basis.
A dwelling unit in which the owner resides on a regular, permanent basis.
A natural person, partnership, limited partnership, corporation, limited liability company, trust or any other entity or an unincorporated association.
The Police Department of the Borough of Gettysburg, or any properly authorized member or officer thereof in any other law enforcement agency having jurisdiction within the Borough of Gettysburg.
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 regulated rental units are located.
A dwelling unit occupied by any person(s) other than the owner under a rental agreement; provided, however, that any dwelling unit within the Borough's Institutional District as that district is respectively delineated and defined on the Gettysburg Borough Zoning Map and in the Gettysburg Borough Zoning Ordinance [Chapter 27], as amended, shall be specifically excluded from this definition of a regulated rental unit and shall not be subject to any provisions of this Part.
Of or pertaining to two or more natural persons related to one another by blood, marriage, adoption or formal foster relationship to result in one of the following relationships: brother, sister, parent, child, grandparent, great grandparent, grandchild, great grandchild, uncle, aunt, niece, nephew, sister-in-law, brother-in-law, parent in-law or first cousin. This term shall not include relationships such as second, third or fourth cousins.
An agreement establishing a written or verbal residential lease of a regulated rental unit or units by and between an owner or landlord and an occupant or tenant.
An individual who resides in a regulated rental unit under a legal relationship with the owner or landlord as established by a written or verbal lease or otherwise by the laws of the Commonwealth of Pennsylvania.
Of or pertaining to two or more persons not related to one another through blood to the level of second cousins, adoption or marriage.