[HISTORY: Adopted by the Borough Council of the Borough of Kittanning as indicated in article histories. Amendments noted where applicable.]
GENERAL REFERENCES
Brush, grass and weeds — See Ch. 267.
Building construction — See Ch. 275.
Uniform construction codes — See Ch. 282.
Disorderly conduct and disturbance of peace — See Ch. 410, Art. I.
Property maintenance — See Ch. 422.
Solid waste — See Ch. 473.
Trees — See Ch. 507.
Zoning — See Ch. 550.
[Adopted 1-3-2005 by Ord. No. 432-2005]
As used herein, the following terms shall have the following definitions:
CODE
Any code or ordinance adopted, enacted, and/or in effect in and for the Borough of Kittanning, concerning the fitness for habitation for the construction, maintenance, operation, occupancy, use, or appearance of any premises or dwelling unit, including but not limited to the Uniform Construction Code, the various BOCA building codes,[1] Chapter 327, Floodplain Management, of the Code of the Borough of Kittanning, the Vegetation Control Ordinance, the Sidewalk Maintenance and Ice Removal Ordinance, the Solid Waste and Recycling Ordinance,[2] and any duly enacted amendment or supplement to any of the aforesaid ordinances as well as any new enactment falling within this definition.
CODES ENFORCEMENT OFFICER
The duly appointed Codes Enforcement Officer having charge of the Office of Codes Enforcement in the Borough of Kittanning, and any police officer employed by Kittanning Borough.
[Amended 11-12-2013 by Ord. No. 506-2013]
COMMON AREA
In multiple-unit dwellings, space which is not part of a single regulated rental unit and which is shared in common with other occupants of a dwelling, whether they reside in regulated rental units or not, such common areas shall be considered as part of the premises for purposes of this article.
COMMUNITY LIVING FACILITY
A living arrangement whereby unrelated individuals with diagnosed mental health or mental retardation problems reside on a permanent basis with twenty-four-hour supervision, and whose primary purpose is the development and maintenance of community living skills.
DISRUPTIVE CONDUCT
Any form of conduct, action, incident, or behavior perpetrated, caused or committed by any occupant or visitor of a regulated rental unit that is so loud, untimely, offensive, riotous, or that otherwise disturbs other persons of reasonable sensibility in their peaceful enjoyment of their property such that a report is made to the police and/or to the Codes Enforcement Officer, complaining of such condition, action, incident or behavior.
DISRUPTIVE CONDUCT REPORT
A written report of disruptive conduct on a form prescribed therefor to be completed by the Codes Enforcement Officer, or a member of the Kittanning Borough Police Department, as the case may be, who actually investigates an alleged incident of disruptive conduct and which shall be maintained by the Codes Enforcement Officer.
DWELLING
A building having one or more dwelling units.
DWELLING UNIT
A room or group of rooms within a dwelling and forming a single unit and used for living and sleeping purposes, having its own cooking facilities and a bathroom with a toilet and a bathtub or shower.
GUEST
A person on the premises with the actual or implied consent of an occupant.
LANDLORD
One or more persons, jointly or severally, in whom is vested all or part of the legal title to the premises, or all or part of the beneficial ownership and right to the present use and enjoyment of the premises including a mortgage holder in possession of a rental unit.
MANAGER
An adult individual designated by the owner of a regulated rental unit who 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 article and under rental agreements with occupants.
MULTIPLE UNIT DWELLINGS
A building containing two or more independent dwelling units, including but not limited to double houses, row houses, townhouses, condominiums, apartment houses, apartment buildings, and conversion apartments.
OCCUPANCY LICENSE
The license issued to the owner of a regulated rental unit, which is required for the lawful rental and occupancy of such unit.
OCCUPANT
An individual who resides in a regulated rental unit, whether or not he or she is the owner thereof, with whom a legal relationship with the owner/landowner is established by a written lease or by the laws of the Commonwealth of Pennsylvania.
OWNER
The owner of real property shall be considered: one or more persons, jointly or severally, in whom is vested all or part of the legal title to the premises; and a mortgage holder in possession. For purposes of this definition, "persons" shall include: personal representatives of decedent's estates, partnerships, limited-liability companies, corporations, or other formally or informally organized entities listed as an owner in the property records of Armstrong County for the real property in question.
[Amended 7-1-2019 by Ord. No. 536-2019]
OWNER-OCCUPIED DWELLING UNIT
A dwelling unit in which the owner resides on a regular and permanent basis.
PERSON
A natural person, partnership, corporation, unincorporated association, limited partnership, trust or any other entity.
PREMISES
Any parcel of real property in the Borough of Kittanning, including the land and all buildings and appurtenances, structures or appurtenant elements on which one or more rental units is located.
REGULATED RENTAL UNIT/RENTAL UNIT
A dwelling unit let for rent or a dwelling unit that is not occupied by an owner (as defined herein) and is occupied by any persons other than the owner. Each individual townhouse unit, apartment unit and residential unit in a multifamily building or dwelling shall be considered a separate regulated rental unit/rental unit. If a structure contains more than one dwelling unit or if any portion of the structure is let for rent, or permitted to be occupied by persons other than the owner and is not at the same time occupied by an owner, that dwelling unit not occupied by the owner shall be considered a separate regulated rental unit/rental unit. A regulated rental unit/rental unit includes dwelling units occupied by a purchaser under an installment sales agreement (whether that document is titled, by way of example and not exclusion: installment land contract, lease purchase agreement, or rent to own), and mobile homes located upon property of another, whether or not rental fees are charged. An owner's decision not to require the occupants of its property to execute a lease or similar agreement shall not remove a particular dwelling unit from the definition of a regulated rental unit/rental unit.
[Amended 5-13-2019 by Ord. No. 534-2019]
RENTAL AGREEMENT
A written agreement between an owner/landlord and occupant/tenant embodying the terms and conditions concerning the use and occupancy of a specified regulated rental unit or premises.
TENANT
An individual who resides in a regulated rental unit, whether or not he or she is the owner thereof, with whom a legal relationship with the owner/landlord is established by a written lease or by the laws of the Commonwealth of Pennsylvania.
UNRELATED
Of or pertaining to any and all persons not related to one another through blood, adoption or marriage.
[1]
Editor's Note: See also Ch. 275, Building Construction; Ch. 282, Construction Codes, Uniform; and Ch. 422, Property Maintenance, of the Code of the Borough of Kittanning.
[2]
Editor's Note: See also Ch. 267, Brush, Grass and Weeds; Ch. 507, Trees; Ch. 481, Streets and Sidewalks; Ch. 481, Art. IV, Snow and Ice Removal; and Ch. 473, Solid Waste, of the Code of the Borough of Kittanning.
A. 
Owner's duties.
(1) 
Every property owner shall keep and maintain all rental units in compliance with all applicable codes and provisions of all other applicable state laws and regulations and local ordinances and shall at all times keep such property in good and safe condition.
(2) 
Every owner of a rental unit shall be responsible for regulating the proper and lawful use and maintenance of every dwelling owned by that owner. Every owner shall also be responsible to see to it that occupants of every regulated rental unit conduct themselves in the manner such as to assure that the property is maintained in a good and safe condition and that owners and occupants alike protect and promote public health, safety and welfare.
(3) 
Every owner of a regulated rental unit shall regulate the conduct and activity of the occupants of rental units, both through provisions contained in leases and through enforcement.
(4) 
Notwithstanding any other provision herein, it is specifically provided that occupants or their guests continue to be responsible for their conduct or activities. This article shall not be construed as an assignment, transfer or projection over or onto any owner of any responsibility or liability which occupants or their guests may have as a result of their conduct or activity under any private cause of action, civil or criminal enforcement proceedings, or criminal law; nor shall this section be construed so as to require an owner to indemnify or defend occupants or their guests when any such action or proceeding is brought against the occupant based upon the occupant's conduct or activity.
(5) 
Notwithstanding any other provisions herein, this article shall in no way limit any other enforcement remedies which may be available to the Borough against an owner, occupant or guest.
B. 
Designation of manager.
(1) 
Every owner who is not a full-time resident of the Borough of Kittanning, or in any other location that is a local call from the Borough of Kittanning, shall designate a manager who shall reside in an area that is in the local calling distance of the Borough of Kittanning. If the owner is a corporation, the manager shall be required if an officer of the corporation does not reside within the calling area of the Borough of Kittanning, the officer shall perform the same function as a manager. If the owner is a partnership, the manager shall be required if a partner does not live within the aforesaid calling area. The partner shall perform the same function as a manager.
(2) 
The manager shall be the agent of the owner for service of process and receiving of notices and demands, as well as performing the obligations of the owner under this article and under rental agreements with occupants. The identity, address and telephone number of the person designated as manager shall be provided to the Borough and such information shall be kept current and updated in the event of any change thereto.
C. 
Disclosure.
(1) 
The owner or manager shall disclose to the occupant in writing on or before the commencement of the tenancy:
(a) 
The name, address and telephone number of the manager, if applicable; and
(b) 
The name, address and telephone number of the owner of the premises.
(2) 
Before an occupant enters into or renews a rental agreement for a rental unit, the owner or manager shall furnish the occupant with the most recent inspection report relating to the property.
D. 
Maintenance of premises. The owner shall maintain the premises in compliance with the applicable codes of the Borough and shall regularly perform all routine maintenance, including lawn mowing and ice and snow removal, and shall promptly make any and all repairs necessary to fulfill the obligations provided for herein.
E. 
Written maintenance agreement. The owner and occupant may agree that the occupant is to perform the specified repairs, maintenance, tasks, alterations or remodeling in which case such agreement must be in writing. In no case shall the existence of such agreement between the owner and occupant relieve an owner of any responsibility under this article or other ordinances or codes for the maintenance of the premises.
F. 
Written rental agreement. All rental agreements for regulated rental units shall be in writing and no oral leases or oral modifications thereof shall be permitted. The owner shall provide the occupant with copies of the rental agreement upon the execution thereof.
G. 
Terms and conditions. The owner and occupant may include in the rental agreement terms and conditions not prohibited by this article or other applicable ordinances, regulations and laws, including rent, term of the agreement, and other provisions governing the rights and obligations of the parties. No rental agreement may provide that the occupant or owner agrees to waive or to forego rights or remedies under this article and any such prohibited provision, if included in a rental agreement, shall be unenforceable.
H. 
Complaints. All owners shall promptly reply to reasonable complaints and inquiries from occupants. Nothing herein shall be deemed to supersede any rights, duties, or responsibilities of owners or occupants as provided for under the Landlord Tenant Act of the Commonwealth of Pennsylvania.[1]
[1]
Editor's Note: See 68 P.S. § 250.101 et seq.
I. 
Common areas. Where an owner does not regulate the use of common areas and the behavior of occupants and guests in the common areas, the owner shall be directly responsible for the behavior of occupants and guests in the common area, as if the owner were an occupant.
J. 
Enforcement.
(1) 
Within 10 days after receipt of a written notice from the Codes Enforcement Officer that an occupant of a rental unit has violated a provision of this article, the owner shall take immediate steps to remedy the violation and take steps to assure that there is not a reoccurrence of the violation.
(2) 
Within 20 days after receipt of a written notice of violation, the owner shall file with the Codes Enforcement Officer a report on a form provided by the Borough setting forth what action the owner has taken to remedy the violation and what steps he or she has taken to prevent a reoccurrence of the violation. The report shall also set forth a plan as to steps the owner will take in the future if the violation reoccurs.
(3) 
The Codes Enforcement Officer shall review the report and if adequate steps have been taken and the plan is adequate to address future violations, the report and remediation plan shall be approved. The owner shall, on his or her own initiative, enforce the plan and failure to do so shall be a violation of this article.
(4) 
In the event that a second violation occurs within a license year involving the same occupant or occupants, the Codes Enforcement Officer may direct the owner to evict the occupants who violated this article and to prohibit the occupant from occupying the premises during the subsequent licensing period.
K. 
Code violations. Upon receiving notice of any code violations from the Codes Enforcement Office, the owner shall promptly take action, or cause the necessary action to be taken to abate the offending condition and eliminate the violation. In the event the owner of the premises shall neglect, fail, or refuse to comply with any notice from the Borough or its Codes Enforcement Officer to correct a violation relating to maintenance and repair of the premises under any code within the period of time stated in such notice, the Borough shall have the right to enjoin further occupancy of said premises until the required remedial action has been taken. In addition, the Codes Enforcement Officer may invoke such other remedies available under applicable codes, ordinances or statutes, including, where appropriate, condemnation proceedings or declaration of the premises as unfit for habitation, or suspension revocation or nonrenewal of the license issued hereunder.
L. 
Inspections. The owner shall permit inspections of any premises by the Codes Enforcement Officer at reasonable times, upon reasonable notice.
A. 
Occupants shall comply with all obligations imposed upon occupants by this article, all applicable codes and ordinances of the Borough and all applicable provisions of state laws.
B. 
Health and safety regulations.
(1) 
The maximum number of persons permitted in any rental unit at any time shall not exceed one person for each 40 square feet of habitable floor space in said rental unit. The maximum number of persons permitted in the common areas of any multiple unit dwelling at any time shall not exceed one person for each 15 square feet of common area on the premises.
(2) 
Occupant(s) shall dispose from the rental unit all rubbish, garbage and other waste in a clean and safe manner and separate and place for collection all recyclable materials in compliance with the Borough Solid Waste and Recycling Ordinance[1] and all other applicable ordinances, laws and regulations.
[1]
Editor's Note: See also Ch. 473, Solid Waste.
C. 
Peaceful enjoyment. The occupant shall conduct himself or herself and require other persons, including but not limited to guests on the premises and within his or her rental unit with his or her consent, to conduct themselves in a manner that will not disturb the peaceful enjoyment of the premises by others and that will not disturb the peaceful enjoyment of adjacent and nearby properties by the persons using and/or occupying the same.
D. 
Residential use. Occupant(s) shall occupy the rental unit solely for the purpose of a personal residence.
E. 
Illegal activities. Occupant(s) shall not engage in nor tolerate or permit others on the premises to engage in any conduct declared illegal under the Pennsylvania Crimes Code or the Liquor Code, or the Controlled Substance, Drug, Device and Cosmetic Act.[2]
[2]
Editor's Note: See 18 Pa.C.S.A. § 101 et seq., 47 P.S. § 1-101 et seq., and 35 P.S. § 780-101 et seq., respectively.
F. 
Disruptive conduct.
(1) 
The occupant shall not engage in nor tolerate nor permit others on the premises to engage in disruptive conduct or other violations of this article.
(2) 
When a police officer or the Codes Enforcement Officer investigates an alleged incident of disruptive conduct, the police officer or the Codes Enforcement Officer shall complete a disruptive conduct report upon a finding that the reported incident did, in the officer's judgment, constitute disruptive conduct as defined herein. The information contained in said report shall include, if possible, the identity or identities of the actors committing the disruptive conduct and all other obtainable information, including the factual basis for the disruptive conduct as requested on the reporting form. When an investigation is conducted by the police, the police officer shall then submit the completed disruptive conduct report to the Codes Enforcement Officer. The Codes Enforcement Officer shall mail a copy of all disruptive conduct reports to the owner or manager within three days of the occurrence of the alleged disruptive conduct.
G. 
Compliance with rental agreement. The occupant shall comply with all lawful provisions of the rental agreement entered between the owner and occupant. Failure to comply with any provision in said rental agreement may result in the eviction of the occupant by the owner.
H. 
Inspection of premises. The occupant shall permit inspections by the Codes Enforcement Officer of the premises at reasonable times and upon reasonable notice.
A. 
License required.
(1) 
Any owner of any rental unit as defined herein shall apply for and obtain a license for each rental unit before entering into a rental agreement or permitting the occupancy of any rental unit. Any rental unit, whether under oral or written lease, as of the effective date of this article, shall require a license be obtained within 60 days of the effective date of this article.
(2) 
The following rental properties shall not require licenses under the provisions of this article:
(a) 
Owner-occupied dwelling units, provided that not more than two unrelated individuals, in addition to the immediate members of the owners' family, occupy the dwelling unit at any given time;
(b) 
Hotels and motels;
(c) 
Hospitals and nursing homes;
(d) 
Bed-and-breakfast units;
(e) 
Multiple-unit dwellings, although a license shall be required for each rental unit within the structure.
B. 
The application for the license shall be in the form as provided by the Borough.
C. 
The owner shall maintain a current list of occupants of each rental unit, which shall include their names, permanent addresses and permanent telephone numbers. The owner shall furnish this list to the Borough annually with their landlord license application or at such other times as the Borough may request. The owner shall notify the Borough of any change in occupancy. Changes in occupancy shall be reported to the Borough within 15 days of the change. Notification required by this section shall be made to the Codes Enforcement Officer in writing.
[Amended 5-13-2019 by Ord. No. 534-2019]
D. 
Annual license term, fee and occupancy limit.
(1) 
Each license shall have a one-year term which shall commence on the date of the issuance of the license and shall terminate on the day before the one-year anniversary of the license issuance;
(2) 
Upon application for a license and prior to issuance or renewal thereof, each applicant shall pay to the Borough an annual license and inspection fee in an amount to be established from time to time by resolution of the Borough Council. Said resolution may provide for more than one fee scale for different categories of premises to be more specifically set forth in the resolution.
(3) 
The license shall indicate thereon the maximum number of occupants in each rental unit.
E. 
Inspection.
(1) 
All premises shall be subject to periodic inspections by the Codes Enforcement Officer, the Borough Fire Marshal, or any other duly authorized agent of the Borough. All such inspections shall be performed in the presence of the Codes Enforcement Officer. Such inspection shall take place when an application is submitted for a license or at any time during the year when the Codes Enforcement Officer has reason to believe that a violation of this article is being committed, or is being permitted to take place, or any of the other applicable codes are being violated;
(2) 
The Codes Enforcement Officer is hereby designated as the official authorized to enforce this article and to take appropriate measures to abate any violations hereof, for and on behalf of the Borough.
A. 
General. The Codes Enforcement Officer may initiate disciplinary action against an owner that may result in a formal warning, nonrenewal, suspension or revocation of the owner's license for violating any provision of this article that imposes a duty upon the owner and/or for failing to regulate the breach of duties by occupants as provided herein.
B. 
Basis for disciplinary action. An owner shall be subject to formal warning, nonrenewal, suspension or revocation of a license upon any of the following:
(1) 
Failure to abate a violation of the Borough codes and ordinances that apply to the premises within the time directed by the Codes Enforcement Officer;
(2) 
Refusal to permit the inspection of the premises by the Codes Enforcement Officer;
(3) 
Failure to take steps and prevent violations of this article by occupants of rental units;
(4) 
Failure to file and implement an approved plan to remedy and prevent violations of this article by occupants of a rental unit;
(5) 
Failure to evict occupants after having been directed to do so by the Codes Enforcement Officer of the Borough;
(6) 
Three violations of this article or other ordinances of the Borough that apply to the premises within 365 consecutive days. Before a violation can be considered under this section, the owner must have received notice in writing of this violation within 30 days after the Codes Enforcement Officer received notice of the violation.
[Amended 4-6-2015 by Ord. No. 515-2015]
(7) 
Failure to pay the county and Borough real estate taxes, or Armstrong School District real estate taxes on any one or more of the owner's properties in Kittanning Borough, such that the delinquent taxes are turned over to the office of the Armstrong County Tax Claim Bureau for collection.
[Added 3-4-2013 by Ord. No. 504-2013]
C. 
Procedure for nonrenewal, suspension or revocation of a license. Following a determination that grounds for nonrenewal, suspension or revocation of a license exists, the Codes Enforcement Officer shall notify the owner of the action to be taken and the reason therefor. Such notification shall be in writing, addressed to the owner, and shall contain the following information:
(1) 
The address of the premises in question and identification of particular rental unit(s) affected;
(2) 
A description of the violation that has been found to exist;
(3) 
A statement that the license for said rental unit shall be either suspended or revoked or will not be renewed for the next license year or that the owner will receive a formal warning. In the case of a suspension or revocation, the notice shall state the date upon which such suspension or revocation will commence and in the case of a suspension it shall also state the duration of said suspension;
(4) 
A statement that, due to the nonrenewal, suspension or revocation, the owner is prohibited from renting, letting, or permitting occupancy of the rental unit from and during the period said action is in effect;
(5) 
A statement informing the owner that he, she or it has a right to appeal the decision suspending, revoking or failing to renew the license to the Borough Council by submitting in writing to the Borough Secretary within 30 days from the date printed on the notice, a detailed statement of the appeal, including the grounds therefor and the reasons alleged as to why the determination of the Codes Enforcement Officer is incorrect or should be overturned and a statement of the relief requested by the appellant. Such notice of appeal may be required to be submitted on a form to be prescribed therefor by the Borough Council, to be signed by the appellant. The cost for filing such an appeal shall be determined and established from time to time by resolution of the Borough Council;
(6) 
Upon receipt of an appeal in proper form, accompanied by the requisite fee, the Borough Secretary shall schedule a hearing to be held at the time of the next regularly scheduled Borough Council meeting, not less than 10 days from the date on which the appeal was filed;
(7) 
The appellant, the Codes Enforcement Officer, and the owners of properties within a radius of 300 feet from the premises for which the license is at issue shall receive written notice of the hearing on the appeal;
(8) 
The Borough Council shall hold a hearing on the appeal, which shall be conducted in accordance with the Local Agency Law.[1] The appellant, and all other parties having an interest, may be heard based on the facts and arguments of the appellant and of the Codes Enforcement Officer, and any relevant factual presentations of other parties. The Borough Council shall make a decision, either affirming, reversing, or modifying the action of the Codes Enforcement Officer from which the appeal was taken. Such decision shall be rendered at a public meeting, either immediately following the hearing or within 30 days thereafter; the decision shall be reduced to writing stating clearly the factual and legal basis for the decision, which decision shall be provided within 45 days of the date of that hearing. If the Borough Council deems it necessary or desirable, the hearing may be continued to a subsequent time and date not later than 30 days from the initial hearing date, which time and date shall be openly announced at the initial hearing and, in such case, the time limits for rendering the decision and written opinion thereof shall be calculated from the date of the last hearing.
[1]
Editor's Note: See 2 Pa.C.S.A. §§ 551 et seq. and 751 et seq.
D. 
Notification of decision.
(1) 
All notices shall be sent to the owner and manager, if applicable, by certified mail and by regular first-class mail postage prepaid. In the event that the certified mail notice is returned by the postal authorities marked "Unclaimed" or "Refused," however such first-class mail notice is not returned within five days following deposit in the United States Mail, said notice shall be deemed to have been delivered on the fifth day following deposit in the United States Mail. In the event that the certified mail notice is returned marked "Unclaimed" or "Refused" and the regular mail notice is returned by the postal authorities marked "Undeliverable," the Codes Enforcement Officer shall attempt delivery by personal service on the owner or manager, if applicable.
(2) 
Upon delivery of the notification of the decision, pursuant to the provisions hereof, the owner shall have the right to appeal said decision to the Court of Common Pleas of Armstrong County, Pennsylvania. Upon notice of said appeal, the Borough shall cause to be filed with the court a true and correct record of all proceedings before the Borough Council and said appeal shall proceed before that court in accordance with the provisions of the Administrative Agency Law.
E. 
Violations and penalties.
(1) 
Violations. It shall be unlawful for any person, as either owner or manager of a rental unit for which a license is required, to operate without a valid current license issued by the Borough authorizing such operation. In addition, it shall be unlawful for any person, either owner or manager, to allow the number of occupants of a regulated rental unit to exceed the maximum limit as set forth on the license or to violate any other provision of this article;
(2) 
Penalties. Any violation of this article shall constitute a summary offense punishable upon conviction thereof by a Magisterial District Judge, by a fine not to exceed $600 plus costs of prosecution, or in default of payment of such fine and costs, by a term of imprisonment not to exceed 30 days. Each day of violation shall constitute a separate and distinct offense.
(3) 
Nonexclusive remedies. The penalty provisions and the license nonrenewal, suspension and revocation procedures provided in this article shall be independent, nonmutually exclusive separate remedies, all of which shall be available to the Borough as may be deemed appropriate for carrying out the purposes of this article. The remedies and procedures provided in this article for violation hereof are not intended to supplant or replace to any degree the remedies and procedures available to the Borough in case of a violation of any other code or ordinance of the Borough, whether or not such other code or ordinance is referenced in this article, and whether or not an ongoing violation of such other code or ordinance is cited as the underlying ground for a finding of a violation of this article.
A. 
Notices.
(1) 
For purposes of this article, any notice required hereunder to be given to a manager shall be deemed as notice given to the owner;
(2) 
There shall be a rebuttable presumption that any notice required to be given to the owner under this article shall have been received by such owner if the notice was given to the owner in the manner provided by this article;
(3) 
A claimed lack of knowledge by the owner of any violation hereunder cited shall be no defense to license nonrenewal, suspension or revocation proceedings as long as all notices prerequisite to institution of such proceedings have been given and deemed received in accordance with the applicable provisions of this article.
B. 
Changes in ownership. It shall be the duty of each owner of a rental unit to notify the Codes Enforcement Officer in writing of any change in ownership of the premises or of the number of regulated rental units in the premises. It shall also be the duty of the owner to notify the Codes Enforcement Officer in writing of any increase in the number of occupants in any rental unit or of the changing of a dwelling unit from owner occupied to nonowner occupied which thereby transforms the dwelling into a rental unit for purposes of this article.
C. 
Owners severally responsible. If any rental unit is owned by more than one person in any form of joint tenancy, tenancy by the entireties, as a partnership, or otherwise, each person shall be jointly and severally responsible for the duties imposed under the terms of this article and shall be severally subject to prosecution for the violation of this article.