[Adopted 4-16-2002 by Ord. No. 1273]
This article shall be known as the "Borough of Avalon Tenant
Registration Ordinance."
This article is adopted to protect the health, safety and welfare
of the Borough's residents and to prevent the loss of life, limb and
property from fire, explosions, noxious gases and other dangers.
In the construction of this article, the rules and definitions
contained in this section shall be observed and applied, except when
the context clearly indicates otherwise:
A.
Words used in the singular shall include the plural, and the plural
the singular.
B.
Words used in the present tense shall include the future tense.
C.
Words used in the masculine gender shall include the feminine and
neuter.
D.
The word "person" includes corporations, associations and partnerships
and other similar entities.
E.
The word "shall" is always mandatory and not discretionary.
F.
The word "may" is permissive.
G.
This article shall be liberally construed to accomplish its purpose
to protect the public's health, safety and welfare.
H.
That the Borough intends to favor the public interest as against
any private interest.
For the purpose of this article, the following terms, phrases,
words and their derivations shall have the meaning given herein:
Any person who provides written proof that he is authorized
to act on behalf of a property owner.
A part of a house, apartment house or other dwelling occupied
by a tenant, while the rest is occupied by another or others.
A building arranged in several suites of connecting rooms,
each suite designed for independent housekeeping, but with certain
mechanical conveniences such as heat, light, or elevator services
in common to all tenants occupying the building.
The Borough of Avalon.
The Secretary of the Borough of Avalon.
A building or portion thereof containing or designed to contain
three or more separate dwelling units with or without common access
facilities.
A single unit providing complete, independent living facilities
for one or more tenants, including permanent provisions for living,
sleeping, eating, cooking and sanitation. All rooms comprising a dwelling
unit shall have access through an interior door to other parts of
the dwelling unit.
Any person who either along, jointly or severally, with others
shall have title to any premises or shall have charge, care or control
of the premises as agent for the person holding legal title or as
executor, executrix, administrator, administratrix, trustee or guardian
of the estate of any 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 Allegheny
County, Pennsylvania.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
Any permissive occupancy by a person or persons of any premises,
regardless of whether or not any charges, fees or other considerations
are made or levied therefor.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
A person who has charge of a dwelling unit or a rooming unit
in a boarding, lodging or tourist home.
Every person who has a property right in a multifamily dwelling,
apartment house or rooming house and every person who owns, has, keeps,
rents, leases or maintains a multifamily dwelling or rooming house,
including a boarding, lodging or tourist home charging rent to tenants.
An individual, proprietorship, partnership, corporation,
association, or other legal entity.
Consideration paid for use or occupation of property. A stated
return or payment for the temporary possession or use of an apartment
or dwelling unit. To get temporary possession and use of an apartment
or dwelling unit in return for a stated payment usually at fixed intervals.
A building other than a multifamily dwelling containing not
more than one dwelling unit occupied by a tenant and providing, for
compensation or other consideration, rooming units for lodging in
addition to the owner.
A room or rooms constituting a separate, independent housekeeping
unit that is physically separated from any other room, dwelling unit,
or rooming unit in the same structure. The rooming unit shall contain
living and sleeping facilities, but not cooking or eating facilities,
and shall be occupied by no more than one family.
Any person who shall inhabit, occupy or possess any premises
owned or controlled by a landlord under a lease, as hereinbefore defined.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
Dwelling units attached to each other by party or common
walls, with each unit having individual access and rear common or
private garden orientation.
A.
Every owner, landlord, manager or agent for an owner who rents or
leases any dwelling unit in any multifamily dwelling or any rooming
unit in any rooming house, including a boarding, lodging or tourist
home, in the Borough of Avalon to any tenant for a period of time
in excess of 30 days, shall supply the following information to the
Borough Secretary:
(1)
The dwelling unit or rooming unit number or street address; and
(2)
The name or names of all tenants to occupy such dwelling unit or
rooming unit; and
(3)
The mailing address of the dwelling unit or rooming unit; and
(4)
The period of time for which the rental is made.
(5)
If the property is vacant, the tenant registration form must be completed
and reported as vacant.
[Added at time of adoption of Code (see Ch. 1, General Provisions,
Art. I)]
B.
The above information shall be provided to the Borough Secretary
within 10 days of the renting, leasing or subleasing of any dwelling
unit or rooming unit in the Borough of Avalon for a period of time
in excess of 30 days.
[Added 6-17-2014 by Ord.
No. 1356]
A.
At the time the information required in§ 310-23 is supplied, the owner, landlord, manager, or agent for an owner must pay in full filing costs as set by resolution of the Borough Council.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
B.
The number of units and the related filing fees shall be calculated
on a calendar basis.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
Any person, partnership or corporation who violates any of the
provisions of this article shall, upon being found liable therefor,
pay a fine of not more than $600, plus court costs and reasonable
attorneys’ fees incurred by the Borough in the enforcement proceedings.
If the penalty is not paid, the Borough shall initiate a civil action
for collection in accordance with the Pennsylvania Rules of Civil
Procedure. Each day a violation exists shall constitute a separate
offense, and each section of this article that is violated shall also
constitute a separate offense. In addition to or in lieu of enforcement
under this section, the Borough may enforce this article in equity
in the Court of Common Pleas of Allegheny County.
The Borough Manager shall file an exact copy of this article
with the Department of Community and Economic Development together
with the name, position and phone number of the Building Inspector
responsible for compliance with this article.
