[Adopted 5-19-1998 by Ord. No. 801 (Ch. XI, Part 1, of the 1993 Code
of Ordinances); amended in its entirety 4-18-2023 by Ord. No. 1163]
The purpose of this article and the policy of the Borough of
West Reading, Berks County, Pennsylvania, is to protect and promote
the public health, safety and welfare of its residents by establishing
duties and responsibilities of owners and occupants of residential
rental units in the Borough and encouraging them to adequately maintain
and improve the quality of rental housing within the Borough.
Unless otherwise expressly stated, the terms below shall have
the meanings indicated as follows for the purpose of this article:
BOROUGH
The Borough of West Reading, Berks County, Pennsylvania.
CODE ENFORCEMENT OFFICER
The duly appointed Code Enforcement Official(s) having the
duty to enforce this and other codes and ordinances of the Borough
of West Reading.
CODES
Any state or local code or ordinance adopted, enacted, and/or effective in the Borough that concerns the fitness for habitation or the construction, maintenance, operation, occupancy, use or appearance of any premises or residential rental unit, including but not limited to the Uniform Construction Code, International Plumbing Code, International Building Code, as adopted by the Borough in Chapter
188 of the Code of the Borough of West Reading, the International Fire Code, as adopted by the Borough in Chapter
228 of the Code of the Borough of West Reading, the International Property Maintenance Code, as adopted by the Borough in Chapter
341 of the Code of the Borough of West Reading, the Borough of West Reading Zoning Ordinance, as amended, as adopted by the Borough in Chapter
455 of the Code of the Borough of West Reading, as well as any other duly enacted amendment or supplement to any of the above, and any new enactment falling within this definition and the general public nuisance laws of the Commonwealth of Pennsylvania.
DISRUPTIVE CONDUCT
Any act by an occupant or guest that emanates from, is connected
with, or related to his residential rental unit that involves public
drunkenness, public urination or defecation, the unlawful deposit
of trash or litter on public or private property, damage to or destruction
of public or private property, the obstruction of public roads, streets,
highways or sidewalks, interference with emergency or police services,
unreasonable noise or an odor that disturbs other persons of reasonable
sensibility in their peaceful enjoyment of their property, use of
profane or obscene language or gestures, indecent exposure, fighting
or quarrelling, or any other act constituting "disorderly conduct"
under the Pennsylvania Crimes Code, 18 Pa.C.S.A. § 101 et
seq., or which is prohibited by any ordinance or regulation of the
Borough that is injurious to the health, safety, or welfare of the
residents of the Borough residing in the neighborhood or vicinity
of the residential rental unit. The disruptive conduct need not be
an action constituting a criminal offense for the disruptive conduct
to be considered disruptive conduct under this article; provided,
however, that no disruptive conduct shall be deemed to have occurred
unless a Code Enforcement Officer or a police officer investigates
the occurrence, makes a determination that such activity did occur,
and makes appropriate written records, which shall include a Disruptive
Conduct Report of the occurrence.
DISRUPTIVE CONDUCT REPORT
A written report by a police officer or Code Enforcement
Officer as a result of a person's complaint to the Borough regarding
an occupant's disruptive conduct.
DWELLING UNIT
A building or portion thereof arranged or designed for occupancy
by not more than one family and having separate cooking and sanitary
facilities.
FAMILY
One or more persons who are related by blood, marriage, or
adoption and who reside together, or no more than four persons who
are not related by blood, marriage, or adoption and who live together
and share household expenses; who share kitchen facilities and dine
together regularly; who may and/or do participate in all activities
occurring on the premises; and who have access to all areas of the
premises. This does not include, however, family care facilities,
group care facilities, or correctional, penal, therapeutic, or other
institutional facilities for treatment and/or rehabilitation.
GUEST
A person on the premises with the actual or implied consent
of an occupant.
LINEAL DESCENDANT
A person who is in the direct line of decent from the ancestor
who is the legal owner of the dwelling unit. The term includes husband
and wife, parent and child, brother and sister, and grandparent and
grandchild. It does not include a collateral line of descent such
as cousins, aunts, uncles, nephews, or nieces.
MANAGER
A person responsible for the management of one or more of
the owner's residential rental units within the Borough and who
is authorized to accept service of process, notices, and demands on
the owner's behalf.
OCCUPANT
Any person living or sleeping in a residential rental unit
or having actual possession of the same, not including any lineal
descendant of the owner.
OWNER
A.
A person who holds record title of or is duly authorized to
manage (as executor, administrator, or agent under a power of attorney)
a premises where a residential rental unit is located. If the owner
includes more than one person then each such person shall be considered
an owner and shall have all of the duties and responsibilities of
an owner under this article.
B.
Any provision in this article regulating an activity or imposing
a penalty upon an owner that constitutes a partnership or association
shall be effective against each general partner.
C.
Any provision in this article regulating an activity or imposing
a penalty upon an owner that constitutes a corporation shall be effective
against each officer.
D.
Any provision in this article regulating an activity or imposing
a penalty upon an owner that constitutes a limited liability company
shall be effective against each member and manager.
E.
Any provision in this article regulating an activity or imposing
a penalty upon an owner that constitutes a trust shall be effective
against each trustee.
F.
Any provision in this article regulating an activity or imposing
a penalty upon an owner that is an executrix, administrator, or agent
under a power of attorney managing the premises where the residential
rental unit is located for an estate or natural individual, respectively,
shall be effective against each executrix, administrator, or agent
as applicable.
PERMIT
A rental occupancy permit issued to the owner of a residential
rental unit under this article for lawful rent and habitation by an
occupant.
PERSON
A natural individual, or any partnership, corporation, limited
liability company, unincorporated association, trust or other legally
recognized entity, executor or administrator of an estate, agent of
a natural individual with the power to manage that natural individual's
real property pursuant to a valid power of attorney.
POLICE
A sworn law enforcement officer of the Police Department
of the Borough, or any other law enforcement agency having jurisdiction
within the Borough.
PREMISES
A parcel of real property within the Borough, including the
land and all buildings and appurtenant structures on which one or
more residential rental units are located.
RENT
Monetary or nonmonetary compensation for providing a residential
rental unit for lease and habitation by an occupant.
RENTAL AGREEMENT
An agreement or written lease between owner and occupant,
which shall be supplemented by the addendum required herein, embodying
the terms and conditions for the rent and occupancy, and use a premises
by an occupant.
RESIDENTIAL RENTAL UNIT
Any portion of a premises in the Borough held by an owner
for rent by an occupant, including but not limited to a single-family
dwelling, two-family dwelling or duplex, multifamily dwelling, apartment,
guesthouse, and rooming unit. A residential rental unit shall not
include a hotel unit or hospital room utilized for medical services.
ROOMING UNIT
A room or group of rooms forming a single habitable unit
that is used or intended to be used for living and sleeping, although
the kitchen and/or bathroom facility or facilities are shared amongst
the occupants.
TWELVE-MONTH PERIOD
For purposes of this article, a twelve-month period shall
be calculated by counting 12 months back from the most recent Disruptive
Conduct Report.
The provisions of this article shall govern the rent of any
residential rental unit by an owner to an occupant.
Any owner or manager of a residential rental unit shall be responsible
for compliance with the requirements of this article.
The Code Enforcement Officer shall administer and enforce the
provisions of this article, and may propose rules and regulations
necessary for its efficient administration. Such rules and regulations
shall not be in conflict with this article and shall be submitted
to Borough Council for approval. If Borough Council approves the rules
and regulations so submitted, the same shall be filed in the office
of the Code Enforcement Officer and in the office of the Secretary
of the Borough.
An owner shall not transfer a permit for any premises to any third party. When any interest in a premises is sold, conveyed, or otherwise transferred by an owner the current permit for the premises is deemed to have expired, and the new owner or owners shall obtain a new permit for said premises within 20 calendar days of the said sale, conveyance, or transfer by complying with all provisions of this article, including but not limited §
355-8.
The terms "and" and "or" shall be construed as being used interchangeably
throughout this article. Any male pronouns used in this article shall
also likewise be construed as also being applicable to and for the
opposite gender.
Any and all other ordinances or parts of ordinances in violation
or in conflict with the terms, conditions and provisions of this article
are hereby repealed to the extent of such irreconcilable conflict.
The terms, conditions and provisions of this article are hereby
declared to be severable, and, if any portion, part or provision of
this article is found by a court of competent jurisdiction to be invalid,
nonenforceable or unconstitutional, then the Borough Council declares
its intent that the article shall have been enacted without regard
to the invalid, nonenforceable, or unconstitutional portion, part
or provision herein.
This article shall become effective at the earliest time permitted
under Pennsylvania law.