[HISTORY: Adopted by the Borough Council of the Borough of
Whitaker as indicated in article histories. Amendments noted where
applicable.]
[Adopted 8-13-2008 by Ord. No. 1-2008]
The purpose of this article is to promote and protect the health,
safety and welfare of the residents of the Borough of Whitaker by
ensuring that the dwelling units and commercial premises located within
the Borough are in a safe, livable and habitable condition and meet
all applicable fire, safety, health and other regulations.
As used in this article, the following terms shall have the
meanings indicated:
The Borough of Whitaker, Allegheny County, Pennsylvania.
The person duly appointed from time to time by Council to
perform general administrative and regulatory services for the Borough.
"Borough Secretary" also means the authorized representative or delegate
of the Secretary.
The Council of the Borough of Whitaker, Allegheny County,
Pennsylvania.
Any building or portion of any building that is designed
or used for business, storage or any other purpose other than as a
dwelling unit for a person or a family.
Any house, building, premises, apartment building, boarding
home or condominium development which is designed or used as a place
of residence for one or more natural persons or a family and which
contains a facility for cooking.
The person with legal title to a dwelling unit or commercial
property located in the Borough of Whitaker who intends to transfer
legal title to that dwelling unit or commercial property to a transferee,
by a deed or instrument to be recorded in the Office of Property Records
(formerly the Office of the Recorder of Deeds) of Allegheny County.
Any natural person, entity, firm, partnership, association
or corporation.
Any person or persons to whom an owner intends to transfer
legal title to a dwelling unit or a commercial property by a deed
or instrument to be recorded in the Office of Property Records (formerly
the Office of the Recorder of Deeds) of Allegheny County.
No dwelling unit or commercial property which has not been previously
occupied or which has been vacated may be occupied until an occupancy
permit has been secured from the Borough Secretary or the Secretary's
authorized representative or delegate. A separate occupancy permit
must be issued for each dwelling unit or commercial property. The
responsibility for compliance with this requirement shall rest with
the owner.
A.
The owner shall submit a written application for each occupancy permit
to the Borough Secretary or the Secretary's authorized representative
or delegate.
B.
The written application shall consist of a form prepared and approved
by the Borough Secretary or the Secretary's authorized representative
or delegate. The application form shall include, but not be limited
to, the following information:
(1)
Name, mailing address and telephone number of the owner;
(2)
Address of the dwelling unit or commercial property;
(3)
Number of rooms and bathroom facilities in the dwelling unit or commercial
property;
(4)
General description of the dwelling unit or commercial property;
(5)
The full name, address, telephone number, occupation, and employment
status (i.e., employed within the Borough of Whitaker, or outside
of the Borough, or unemployed) of:
(6)
Date that the dwelling unit or commercial property was last inspected
by the Borough;
(7)
Date of proposed occupancy by the transferee or any adult person(s)
living in, inhabiting or occupying a dwelling unit with the permission
or consent of the transferee.
Each application for an occupancy permit submitted by an owner
to the Borough Secretary shall be accompanied by a fee in an amount
established from time to time by resolution of Council. The amount
of the fee shall be established to defray the costs of inspection
and the cost of administering this article. No application for an
occupancy permit shall be processed until the application fee has
been paid.
A.
An occupancy permit shall not be issued by the Borough Secretary
until such time as the Borough's Code Enforcement Officer or such
other person designated by Council has inspected the dwelling unit
or commercial property and determined that the dwelling unit or commercial
property is in a safe, livable and habitable condition and in compliance
with all applicable fire, safety, health and other regulations and
has so notified the Borough Secretary.
B.
If the Code Enforcement Officer or such other person designated by
Council has inspected the dwelling unit or commercial property and
determined that the dwelling unit or commercial property is not in
a safe, livable and habitable condition or is not in compliance with
all applicable fire, safety, health and other regulations, then the
Code Enforcement Officer or such other person designated by Council
shall issue a written report to the owner setting forth the reasons
why an occupancy permit for the dwelling unit or commercial property
has been denied and what corrective measures must be undertaken in
order to receive an occupancy permit. Upon the completion of the corrective
measures listed by the Code Enforcement Officer or such other person
designated by the Borough, the owner shall request a new inspection
of the dwelling unit or commercial property. Each new inspection shall
be subject to an individual charge per inspection.
C.
If an inspection of a dwelling unit or a commercial property has
been scheduled, but the Code Enforcement Officer or such other person
designated by the Borough is unable to conduct the inspection at the
agreed upon time and place due to the failure of the owner or his
authorized agent to appear or cooperate, then the owner shall forfeit
the application fee and shall pay a new application for the inspection.
A.
An owner shall report any change in the number of person or persons
living in, inhabiting or occupying a dwelling unit or commercial property
even when there has not been a transfer of a dwelling unit or commercial
property by an owner to a transferee. It is intent of this section
that an owner shall have an ongoing duty to report any changes in
the names, addresses, employment status (i.e., employed within the
Borough of Whitaker, or outside of the Borough, or unemployed) and
occupations of any person or person who lives, inhabits or occupies
a dwelling unit or a commercial property.
B.
Any change in the occupancy of any dwelling unit or commercial property described in Subsection A above shall be reported, in writing, to the Borough Secretary or the Secretary's authorized representative or delegate within 10 days after the change in occupancy by completing the occupancy report form required to be filed by landlords under Article II, Inspection and Permit Prior to Tenant Occupancy of Dwelling Unit, or such other successor ordinance enacted by Council.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
Any person who violates or permits a violation of this article
shall, upon conviction in a summary proceeding under the Pennsylvania
Rules of Criminal Procedure, be guilty of a summary offense and shall
be punishable by a fine of not more than $1,000, plus court costs
and reasonable attorneys' fees incurred by the Borough in the enforcement
proceedings. Upon judgment against any person by summary conviction,
or by proceedings by summons on default of the payment of the fine
or penalty imposed and the costs, the defendant may be sentenced and
committed to the Borough correctional facility for a period not exceeding
10 days or to the county correctional facility for a period not exceeding
30 days. Each day that such 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.
If any provision of this article should be declared to be invalid
by any court, such ruling shall not affect any other section or provision
of this article and all other remaining provisions shall remain in
full force and effect.
Any previous ordinances or resolutions, or any part thereof,
which conflict with the provisions of this article are hereby repealed
to the extent of such conflict.
This article shall become effective immediately.
[Adopted 8-13-2008 by Ord. No. 2-2008]
The purpose of this article is to promote and protect the health,
safety and welfare of the residents of the Borough of Whitaker by
ensuring that the dwelling units located within the Borough which
are leased by a landlord to a tenant are in a safe, livable and habitable
condition and meet all applicable fire, safety, health and other regulations.
As used in this article, the following terms shall have the
meanings indicated:
The Borough of Whitaker, Allegheny County, Pennsylvania.
The person duly appointed from time to time by Council to
perform general administrative and regulatory services for the Borough.
"Borough Secretary" also means the authorized representative or delegate
of the Secretary.
The Council of the Borough of Whitaker, Allegheny County,
Pennsylvania.
One or more rooms within any house, building, premises, or
apartment building, used as a place of residence for a person; or
any rented house, building, premises or unit within an apartment building.
Any person who owns a house, building, premises, or apartment
building within the Borough and who leases or rents a dwelling unit
to a tenant. "Landlord" also shall mean any person who owns a house,
building, premises, or apartment building within the Borough and who
has granted permission to a person to use a dwelling unit as a place
of residence without the payment of rent. "Landlord" also shall mean
any person who acts as the agent for a person who owns a house, building,
premises, or apartment building within the Borough for purposes of
leasing or renting a dwelling unit.
The same as "landlord."
Any natural person, entity, firm, partnership, association
or corporation.
Any person or persons who leases or rents a dwelling unit
within the Borough from a landlord. "Tenant" also shall mean any person
or persons to whom the owner of a dwelling unit has granted permission
to use the dwelling unit as a place of residence without the payment
of rent.
A landlord shall not permit a tenant to occupy a dwelling unit
until the landlord has obtained an occupancy permit from the Borough
Secretary.
A.
A landlord shall submit a written application to the Borough Secretary
for an occupancy permit for each dwelling unit.
B.
The written application for an occupancy permit shall consist of
a form prepared and approved by the Borough Secretary. The application
form shall include, but not be limited to, the following information:
(1)
Name, mailing address and telephone number of the owner of the dwelling
unit;
(2)
Address of the dwelling unit;
(3)
Number of rooms and bathroom facilities in the dwelling unit;
(4)
General description of the dwelling unit;
(5)
The full name, address, telephone number, occupation, and employment
status (i.e., employed within the Borough of Whitaker, or outside
of the Borough, or unemployed), of:
(6)
Date of proposed occupancy of the dwelling unit.
Each application for an occupancy permit of a dwelling unit
submitted by a landlord to the Borough Secretary shall be accompanied
by a fee in an amount established from time to time by resolution
of Council. The amount of the fee shall be established to defray the
costs of inspection and the cost of administering this article. No
application for an occupancy permit shall be processed until the application
fee has been paid.
A.
An occupancy permit shall not be issued by the Borough Secretary
until such time as the Borough's Code Enforcement Officer or such
other person designated by Council has inspected the dwelling unit
and determined that the dwelling unit is in a safe, livable and habitable
condition for the tenant(s) and is in compliance with all applicable
fire, safety, health and other regulations and has so notified the
Borough Secretary.
B.
If the Code Enforcement Officer or such other person designated by
Council has inspected the dwelling unit and determined that the dwelling
unit is not in a safe, livable and habitable condition for the tenant
or is not in compliance with all applicable fire, safety, health and
other regulations, then the Code Enforcement Officer or such other
person designated by Council shall issue a written report to the landlord
setting forth the reasons why an occupancy permit for the dwelling
unit has been denied and what corrective measures must be undertaken
in order to receive an occupancy permit. Upon the completion of the
corrective measures listed by the Code Enforcement Officer or such
other person designated by the Borough, the landlord shall request
a new inspection of the dwelling unit. Each new inspection shall be
subject to an individual charge per inspection.
C.
If an inspection of a dwelling unit has been scheduled but the Code
Enforcement Officer or such other person designated by the Borough
is unable to conduct the inspection at the agreed upon time and place
due to the failure of the landlord to appear or cooperate, then the
Owner shall forfeit the application fee and shall pay a new application
for the inspection. Each new inspection shall be subject to an individual
charge per inspection.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
Any person who violates or permits a violation of this article
shall, upon conviction in a summary proceeding under the Pennsylvania
Rules of Criminal Procedure, be guilty of a summary offense and shall
be punishable by a fine of not more than $1,000, plus court costs
and reasonable attorneys' fees incurred by the Borough in the enforcement
proceedings. Upon judgment against any person by summary conviction,
or by proceedings by summons on default of the payment of the fine
or penalty imposed and the costs, the defendant may be sentenced and
committed to the Borough correctional facility for a period not exceeding
10 days or to the county correctional facility for a period not exceeding
30 days. Each day that such 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.
If any provision of this article should be declared to be invalid
by any court, such ruling shall not affect any other section or provision
of this article and all other remaining provisions shall remain in
full force and effect.
Any previous ordinances or resolutions, or any part thereof,
which conflict with the provisions of this article are hereby repealed
to the extent of such conflict.
The provisions of this article shall not apply to a dwelling unit that has rented or leased and is occupied by a tenant as of the effective date of this article set forth in § 261-22 below. Rather, this article is intended to apply prospectively whenever a tenant vacates a dwelling unit rented and occupied prior to the effective date of this article or a dwelling unit that has previously not been rented or leased.
This article shall become effective immediately.
