As used in this chapter, the following terms shall have the
following meanings. If a term is not defined in this chapter but is
defined in the Borough's Property Maintenance Code or Uniform Construction
Codes, then that definition shall apply to this chapter. If a
term is not defined in any of those codes but is defined elsewhere
in the Borough Code, then the definition in such chapter shall apply
to this chapter.
BOROUGH
The Borough of East Stroudsburg, Monroe County, Pennsylvania.
BUSINESS DAYS
Days in which the offices of the Borough of East Stroudsburg
are open for public business.
CODE
Any code or ordinance enacted by or in effect within the
Borough of East Stroudsburg as may be amended from time to time, including,
but not limited to, fitness for habitation, the construction, maintenance,
operation, occupancy, use, vermin and rodent control, or public health
matters of any premises or dwelling unit.
CODE ENFORCEMENT OFFICER (CEO)
The Borough-appointed Code Enforcement Officer(s) having
the duty to enforce this chapter and the Code and any assistants or
deputies appointed by the Borough. At the discretion of Borough Council,
an independent entity or contractor may be appointed to enforce part
or all of this function under this chapter.
COMMON AREA
The space contained in buildings having multiple regulated
rental units, which is not part of an individual regulated rental
unit and can be shared among occupants of the dwellings. Common areas
shall be considered as part of the premises for purposes of this chapter.
DISRUPTIVE CONDUCT
A.
An action, incident or behavior perpetrated which causes a public
inconvenience, annoyance or alarm, or recklessly creating a risk thereof,
by an occupant or guest of a regulated rental unit that involves any
of the following:
(1)
Engaging in fighting or threatening or in violent or tumultuous
behavior.
(2)
Making unreasonable noise.
(3)
Using obscene language, or making an obscene gesture.
(4)
Creating a hazardous or physically offensive condition by any
act which serves no legitimate purpose of the actor;
(5)
Is the subject of a criminal citation or complaint or criminal
charges for any summary, misdemeanor or felony charges under the laws
of Pennsylvania.
(6)
Is a violation of the East Stroudsburg Borough Code of Ordinances.
B.
As used in this section, the word "public" means affecting or
likely to affect persons in a place to which the public has access;
among the places included are highways, transport facilities, schools,
prisons, apartment houses, places of business or amusement, any neighboring
properties, or any premises which is open to the public.
DISRUPTIVE CONDUCT REPORT
A written report of disruptive conduct that is completed
by a police officer or CEO who investigated the matter and to which
notice is mailed or otherwise provided to the owner and any manager
of the rental unit, pursuant to this chapter.
DWELLING
A building including one or more dwelling units.
DWELLING UNIT
A residential living area for one family (as defined in the
Code) that includes living and sleeping purposes and that has its
own cooking facilities and a bathroom with a toilet and a bathtub
and/or shower.
FAMILY
A.
One or more individuals related by blood, marriage or adoption
(including persons receiving formal foster care) or up to four total
unrelated individuals who maintain a common household and live within
one dwelling unit, except as provided otherwise in the Code. For this
purpose, "related" shall mean persons who are related by blood, marriage,
adoption, civil union recognized by any state, or formal foster relationship
to result in one of the following relationships: spouse, 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. "Step" relationships shall also be
included, such as stepmother. "Related" shall not include any relationship
further than direct first cousins.
B.
Notwithstanding the above definition, a family shall also be
deemed to include any number of mentally or physically handicapped
persons occupying a dwelling unit as a single, nonprofit housekeeping
unit, if such occupants are handicapped persons as defined in Title
VIII of the Civil Rights Act of 1968, as amended by the Fair Housing
Amendments Act of 1988. Such unrelated individuals shall have the
right to occupy a dwelling unit in the same manner and to the same
extent as any family unit as defined above.
GUEST
A person who is present on the premises of a regulated rental
unit with the actual or implied consent of an occupant.
LANDLORD
This term shall have the same meaning as "owner."
MANAGER
An adult individual designated by the owner of a regulated
rental unit under this chapter. 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 chapter and
under rental agreements with occupants.
OWNER
One or more persons, jointly or severally, in whom is vested
all or part of the legal title to the premises and who has a right
to transfer use and/or possession of the property to a third party
or has exercised that right through lease or license. The term "owner"
shall also include, but not be limited to, a mortgage holder who is
in possession of a regulated rental unit.
PERSON
A natural person, partnership, corporation, unincorporated
association, limited partnership, trust, or any other legally existing
recognized entity that is capable of ownership.
PMBA
The designated Property Maintenance Board of Appeals.
POLICE
Sworn law enforcement officers who have the legal ability
to effectuate arrest, including, but not limited to, the Stroud Area
Regional Police Department authorized to serve the Borough of East
Stroudsburg, the Pennsylvania State Police, and/or the East Stroudsburg
University Police.
PREMISES
Any parcel of real property located in the Borough, including
dwelling(s), common areas, and land and appurtenant structures, on
which one or more regulated rental units is located.
REGULATED RENTAL UNIT or UNIT
A dwelling unit that is occupied for residential purposes
and that is not a) an owner-occupied dwelling unit or b) is otherwise
exempt by this chapter from needing a residential rental license.
A college fraternity or sorority used for residential purposes shall
be considered regulated rental units unless it is within a residence
hall that is owned by a university within the I-U Zoning District.
RENTAL AGREEMENT
A legally enforceable agreement between owner and tenant/occupant
embodying the terms and conditions concerning the use and occupancy
of a regulated rental unit and executed by all parties subject to
the agreement.
RESIDENTIAL RENTAL LICENSE
The license issued to the owner of regulated rental units
under this chapter, which is required in order to lawfully rent and
occupy regulated rental units. Until a rental unit has been inspected
and a license issued, the residential rental license shall be considered
a residential rental registration.
ROOMING/BOARDING HOUSE UNIT
A unit of space assigned or leased to one or more persons
for residential purposes, which does not otherwise meet the definition
of "dwelling unit" and that is not within a Borough-permitted hotel
or bed-and-breakfast inn.
TENANT
An occupant of a regulated rental unit with whom a legal
relationship with the owner is established by written or oral lease,
sublease or other enforceable possessory right under the laws of the
Commonwealth of Pennsylvania.
UNRELATED PERSONS
Persons who are not related to each other, as provided in
the definition of "family" in this chapter.