[Ord. 382, 3/15/1968, § II; as amended by Ord. 623, 2/14/2006; and by Ord. 631, 3/13/2007, § 1]
There is hereby adopted by reference thereto, the International Property Maintenance Code, 2006 Edition, as published by the International Code Council, Inc.
[Ord. 382, 3/15/1968, § II]
The code adopted by this section provides regulations for establishing minimum standards governing utilities, facilities and other physical things and conditions essential to make dwellings safe, sanitary and fit for human habitation, establishing minimum standards governing the condition and maintenance of dwellings, dwelling units, rooming houses and rooming units; fixing certain responsibilities and duties of owners, operators and occupants of dwellings, dwelling units, rooming houses and rooming units; requiring permits for the operation of rooming houses; authorizing preliminary area surveys of dwellings; authorizing the inspection of dwellings, and the vacation or removal of dwellings unfit for human habitation; and providing penalties.
[Ord. 382, 3/15/1968, § II]
Three copies of the housing code adopted by this section shall be kept on file by the Borough Secretary for inspection by and use of the public and shall be marked with the words "Borough of West Homestead, Official Copy."
[Ord. 382, 3/15/1968, § III; as amended by Ord. 631, 3/13/2007, § 1]
The enforcement of the provisions of the code adopted by this section shall be the responsibility of the Building Code Official as appointed pursuant to § 5-103 of this Code and/or the Ordinance Officer and/or other persons who may from time to time be appointed by Council.
[Ord. 658, 6/14/2011, § 2]
This Part shall be known as the "Borough of West Homestead Tenant Occupancy Safety Inspection Ordinance."
[Ord. 658, 6/14/2011, § 3]
This Part is adopted pursuant to the Borough Code of the Commonwealth of Pennsylvania, as amended, 53 P.S. § 46202, and the provisions hereof and all sections contained herein shall be construed as having been adopted in the interests of the health, safety, and general welfare of the people of the Borough of West Homestead, Allegheny County, Pennsylvania.
[Ord. 658, 6/14/2011, § 4]
1. 
To promote, protect and facilitate the public health, safety and the general welfare of the community and to protect and to promote the safety of residential tenants and other inhabitants in the Borough from fire and the hazards of fire.
2. 
To prevent one or more of the following: loss of health, life or property from fire, explosions, noxious gases and other dangers or hazards of fire.
3. 
To provide protection against fire, explosion and other fire hazards in the interest of the public health, safety, and general welfare.
4. 
To define and limit the powers and duties of those officers and bodies that are assigned responsibilities under this Part.
5. 
To require prompt occupancy safety inspections even without a warrant if emergency conditions exist.
[Ord. 658, 6/14/2011, § 5]
All prior ordinances of the Borough of West Homestead or parts of ordinances conflicting herewith are hereby repealed; however, such repeal shall not affect any act done or any liability or violation accrued under any such prior ordinance herein repealed or superseded and all such liabilities or violations shall continue and may be enforced in the same manner as if such repeal or supersession had not been made; and any offense or violation committed and any penalty or forfeiture incurred under such ordinance herein repealed or superseded may be prosecuted in the same manner as if this Part had not been approved.
[Ord. 658, 6/14/2011, § 6]
1. 
In the construction of this Part, 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 Part 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.
[Ord. 658, 6/14/2011, § 7]
For the purpose of this Part, the following terms, phrases, words and their derivations shall have the meaning given herein:
AGENT FOR AN OWNER
Any person who provides written proof that he is authorized to act on behalf of a property owner.
APARTMENT
A part of a house, apartment house or other dwelling occupied by a tenant, while the rest is occupied by another or others.
APARTMENT HOUSE
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.
BOROUGH
The Borough of West Homestead.
BOROUGH SECRETARY
The Secretary of the Borough of West Homestead.
CODE
The Uniform Construction Code and the International Property Maintenance Code of 2009 and all referenced codes that are included, as subsequently amended and/or revised.
COMMERCIAL
Engaging in a business, enterprise, activity or other undertaking for profit.
COMMERCIAL PROPERTY
A property, whether owned or rented, consisting of a space or storeroom, which is occupied by a commercial business.
DWELLING, MULTI-FAMILY, INCLUDING GARDEN APARTMENTS
A building or portion thereof containing or designed to contain two or more separate dwelling units with or without common access facilities.
DWELLING UNIT
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.
EMERGENCY
A serious, unexpected and potentially dangerous event, circumstance or condition to persons and/or property, event or situation requiring immediate action.
LANDLORD
A person who receives rent and leases a dwelling unit or a rooming unit in a boarding, lodging or tourist home to a tenant for a period of time.
LEASE
Any agreement which gives rise to the relationship of landlord and tenant.
MANAGER
A person who has charge of a dwelling unit or a rooming unit in a boarding, lodging or tourist home.
OCCUPANCY SAFETY INSPECTION
An inspection conducted by an occupancy safety inspector to determine a residential rental unit or commercial properties compliance with the code.
OCCUPANCY SAFETY INSPECTOR
The duly appointed individual or agent of the Borough of West Homestead having the duty to enforce the provisions of this Part. The occupancy safety inspector shall be appointed by resolution of the Borough Council. The Borough Council may change the duly appointed occupancy safety inspector, from time to time, by resolution.
OWNER
Every person who has a property right in a multi-family dwelling, apartment house, rooming house and commercial property, and every person who owns, has, keeps, rents, leases or maintains a multi-family dwelling, rooming house and commercial property, including a boarding, lodging or tourist home charging rent to tenants.
PERMIT
A rental safety occupancy permit.
PERSON
An individual, proprietorship, partnership, corporation, association or other legal entity.
RENT
Consideration paid for the use or occupation of property. A stated return or payment for the temporary possession or use of an apartment, dwelling unit or commercial property. To obtain temporary possession and use of an apartment, dwelling unit or commercial property in return for a stated payment usually at fixed intervals.
RENTAL SAFETY OCCUPANCY PERMIT
A certificate or document issued by the occupancy safety inspector which is required for the lawful rental and occupancy of any residential rental unit or occupancy and/or rental of a commercial property.
RESIDENTIAL RENTAL UNIT
A rooming or dwelling unit let for rent under a rental agreement and/or lease with a tenant, and/or a rooming or dwelling unit, that is not owner-occupied and occupied by a tenant with or without a lease and/or rental agreement. Residential rental units include, but are not limited to, a dwelling unit, a rental unit, a rooming unit, a rooming house, boarding, lodging or tourist home, an apartment, apartment house, garden apartments, a single-family dwelling, a duplex, a multiple dwelling or a townhouse or row house.
[Amended by Ord. No. 724, 8/9/2022; and by Ord. No. 727, 10/11/2022]
ROOMING HOUSE, INCLUDING A BOARDING, LODGING OR TOURIST HOME
A building other than a multi-family 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.
ROOMING UNIT
A room or rooms constituting a separate, independent housekeeping unit that is physically separate 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.
TENANT
A person who pays rent and leases a dwelling unit, commercial property, or a rooming unit in a boarding, lodging or tourist home from a landlord for a period of time, and/or a person who does not lease or pay rent in a dwelling unit, commercial property or rooming unit in a boarding, lodging or tourist home that is not owner-occupied.
[Amended by Ord. No. 724, 8/9/2022]
TOWNHOUSE OR ROW HOUSE
Dwelling units attached to each other by party or common walls, with each unit having individual access and rear common or private garden orientation.
[Ord. 658, 6/14/2011, § 8]
No person shall rent or lease a residential rental unit, or commercial property in the Borough of West Homestead to any tenant unless he/she/it obtains and holds a current, unrevoked rental safety occupancy permit issued by the occupancy safety inspector in its, his or her name, for the specified residential rental unit or property. It is the specific intent of Council in adopting this Part that commercial property, as defined herein, shall be subject to the requirements of this Part irrespective if a commercial property is leased, owner occupied or otherwise occupied.
[Ord. 658, 6/14/2011, § 9]
1. 
Every owner, landlord, manager or agent for an owner who rents or leases any residential rental unit or commercial property in the Borough of West Homestead to any tenant for a period of time in excess of 30 days, shall apply for a triannual rental safety occupancy permit and shall agree to comply with all provisions of this Part and the code as herein described.
2. 
The application form shall be made available at the Borough Office. The application form shall not be deemed complete until all required information is supported and all fees, if any, are paid. Any fees assessed related to application and/or occupancy safety inspection shall accompany the application form made payable to the Borough or its designated representative.
3. 
It shall be the duty of the owner, landlord, manager or agent of the owner to renew the application and permit prior to the expiration date of the rental safety occupancy permit.
4. 
No rental safety occupancy permit application shall be accepted, nor shall a rental safety occupancy permit be issued, unless all Borough taxes, fees, fines and/or costs owing to the Borough regarding the real property in question or by the owner(s) of the real property and/or the applicant(s) have been paid in full.
[Added by Ord. 691, 3/10/2015]
[Ord. 658, 6/14/2011, § 10]
1. 
Upon application, all residential rental units and commercial properties shall be inspected triannually and upon change of occupancy by the occupancy safety inspector for compliance with the provisions of this Part and the code as applicable.
2. 
Within 30 days of receipt of the complete application for a rental safety occupancy permit or upon receipt of a written notice of the change in occupancy of a residential rental unit or commercial property, the occupancy safety inspector or his/her designee shall conduct an occupancy safety inspection of the residential rental unit or commercial property for compliance with this Part and the code as may be applicable.
3. 
Upon completion of a satisfactory occupancy safety inspection, the occupancy safety inspector or his/her designee shall issue a rental safety occupancy permit to the owner, or at the written request of the owner, to the owner's local agent or manager. Upon issuance of the rental safety occupancy permit, the residential rental unit or commercial property may thereafter be occupied as a residential rental unit or commercial property.
4. 
The occupancy safety inspector shall also perform an occupancy safety inspection of residential rental units or commercial property for compliance with this Part and the code upon change of occupancy of the residential rental unit or commercial property, at the request of the owner, agent or tenant, or upon receipt of a complaint, or for any other reasonable cause. Except for inspection requests submitted by the Borough's fire department or any other governmental or regulatory agency, the party requesting the occupancy safety inspection must pay the required fees, if any, for the application and occupancy safety inspection of the residential rental unit or commercial property. In the event that a violation is detected after receipt of a complaint, the owner of the property inspected shall be responsible for the costs of inspection.
5. 
Upon completion of an unsatisfactory occupancy safety inspection, the occupancy safety inspector shall issue a written notice, by regular mail and another by certified mail, return receipt requested, to the owner or his/her/its designated agent at such addresses of record with the Borough or of public record as the designated address for "change owner mailing" in the Allegheny County Department of Real Estate and, if appropriate, commence enforcement actions for violations of this Part. In a nonemergency situation, a ten-day notice shall be issued to the owner of the residential rental unit or commercial property or the manager or local agent specifying each violation. Notice provided to a manager or local agent shall be deemed to be notice to the owner. All notices shall be sent by regular mail and another by certified mail, return receipt requested, to the owner or his/her/its designated local agent or manager at such addresses of record with the Borough or of public record as the designated address for "change owner mailing" in the Allegheny County Department of Real Estate.
6. 
If after 10 days from the date of the ten-day notice of violation, a re-inspection reveals that the violation are not corrected and arrangements satisfactory to the occupancy safety inspector have not been made, the rental safety occupancy permit shall be revoked. If the residential rental unit or commercial property is vacant, it shall remain vacant. If the residential rental unit or commercial property is occupied, the owner shall make arrangements to relocate the tenant within 10 days and the property shall remain vacant until a new rental safety occupancy permit is issued.
7. 
The occupancy safety inspector shall maintain a list of all residential rental units and commercial properties and their ownership.
[Ord. 658, 6/14/2011, § 11]
Prior to the issuance of a rental safety occupancy permit or if the occupancy safety inspector denies renewal of a permit, the applicant, owner, landlord, manager or agent for an owner shall not be issued a rental safety occupancy permit until all violations noted on the notice of violation are corrected, as required. Every rental safety occupancy permit shall be issued for a period of 36 months unless sooner revoked, or an inspection is made pursuant to § 11-209 herein caused by a change of occupancy.
[Ord. 658, 6/14/2011, § 12]
A rental safety occupancy permit shall not be transferred. In the case of a permit for a residential rental unit or commercial property that is sold or transferred, the new owner shall seek a rental safety occupancy permit for each residential rental unit and commercial property and have each residential rental unit and commercial property inspected. Failure to secure a rental safety occupancy permit for a residential rental unit or commercial property within 60 days of the date of sale or transfer of ownership shall result in the revocation of the existing rental safety occupancy permit applicable to each unit.
[Ord. 658, 6/14/2011, § 13]
1. 
A. 
It shall be the duty of every owner to be responsible for regulating the conduct and activities of the occupants of every residential rental unit which he, she or it owns in the Borough, which conduct or activity takes place at such residential rental unit or its premises. In order to achieve these ends, every owner of a residential rental unit shall regulate the conduct and activity of the occupants thereof, both contractually and through enforcement as set forth in this Part.
B. 
This section shall not be construed as diminishing or relieving, in any way, the responsibility of occupants or their guests for their conduct or activity; nor shall it be construed as an assignment, transfer, or projection over or onto any owner of any responsibility or liability which occupants and their guests may have as a result of their conduct or activity under any private cause of action, civil or criminal enforcement proceeding, 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 on the occupants conduct or activity. Nothing herein is intended to impose any additional civil/criminal liability upon owners other than that which is imposed by existing law.
C. 
This Part is not intended, nor shall its effect be, to limit any other enforcement remedies which may be available to the Borough against an owner, occupant, or guest thereof.
2. 
The owner shall reply promptly to reasonable complaints and inquiries from occupants.
[Ord. No. 732, 12/12/2023]
When a property owner is based more than 25 miles from the property, the owner must have a local property manager or property management company that is located less than 25 miles from the property. Property manager and/or property management company must be available to respond to emergencies and any other Borough inquiries in a timely manner.
[Ord. 658, 6/14/2011, § 14]
1. 
The following regulations are hereby adopted for the issuance of the rental safety occupancy permit:
A. 
Pennsylvania Law Governs. The International Fire Code of 2009, as subsequently amended and/or revised and the International Property Maintenance Code of 2009, as subsequently amended and/or revised, or any other law of the Commonwealth of Pennsylvania, or regulations of any departments or agencies of the Commonwealth shall govern any action or enforcement of this Part.
B. 
Occupancy Safety Inspection Mandatory. The Borough occupancy safety inspector shall not issue a rental safety occupancy permit until he/she/it has first performed an occupancy safety inspection of the residential rental unit or commercial property for the purpose of insuring compliance with this Part and the code.
C. 
Inspections to Be Conducted at Reasonable Times with Prior Notice to Residents; Display of Proper Credentials Required. All occupancy safety inspections under this Part shall be conducted at reasonable times with prior notice to the applicant, owner, landlord, manager, tenant, or agent for the owner and subject to constitutional restrictions on unreasonable searches and seizures. Prior to seeking entry to conduct an occupancy safety inspection, the Borough occupancy safety inspector shall display proper credentials which shall have been approved by Borough Council.
D. 
Procedure If Entry to Permit Lawful Occupancy Is Refused. If entry is not obtained or upon the refusal of an applicant, owner, landlord, manager, tenant, or agent for an owner applying for a rental safety occupancy permit to permit entry to conduct the occupancy safety inspection mandated under this Part, the occupancy safety inspection shall not be conducted and the occupancy safety inspector is hereby authorized to pursue recourse as provided by law.
E. 
Expiration of Permits and Renewals. Each permit shall expire 12 months after the date of issuance. A permit may be renewed only by making application as provided in this Part. Applications for renewal should be made at least 30 days prior to the expiration date and, when made fewer than 30 days before the expiration date, the pendency of the application will not prevent the expiration of the permit.
F. 
Nonresident Applicants. No permit shall be issued or renewed to a nonresident applicant unless such applicant designates in writing to the occupancy safety inspector, the name, address and telephone number of his agent for receipt of service of any notice or violation and for service of process.
[Ord. 658, 6/14/2011, § 15]
1. 
If entry to conduct a occupancy safety inspection under this Part is refused, the Borough occupancy safety inspector is hereby authorized and directed to apply to an issuing authority having jurisdiction over such residential rental unit or commercial property for an administrative search warrant to enter and to conduct a occupancy safety inspection for the residential rental unit or commercial property into which entry has been refused, unless an emergency situation exists which requires immediate entry.
2. 
If an emergency situation exists demanding immediate access to the residential rental unit or commercial property, the Borough occupancy safety inspector may conduct a prompt occupancy safety inspection even if entry is refused or even if an administrative search warrant is not obtained.
[Ord. 658, 6/14/2011, § 16]
1. 
An administrative search warrant to enter and conduct a occupancy safety inspection may be issued upon probable cause supported by affidavit if the occupancy safety inspector has reason to believe, based upon a complaint that a violation exists within the premises to be searched, or, where an inspection is sought due to the lapse of time since the last inspection, the nature of the building (e.g., a multi-family apartment house) or because of conditions in the entire area within which the premises are located.
2. 
An administrative search warrant shall be served by the occupancy safety inspector between the hours of 6:00 a.m. and 9:00 p.m., and the entry and inspection shall be conducted within a specified period of time not to exceed two days from the date of issuance.
3. 
A occupancy safety inspector executing the administrative search warrant shall make reasonable effort to give notice of his or her identity, authority and purpose to any occupant of the premises specified in the warrant and shall not make a forcible entry to inspect unless an emergency situation exists.
[Ord. 658, 6/14/2011, § 17]
1. 
The fee for the application for a rental safety occupancy permit shall be set by Borough Council and may be modified, from time to time, by resolution. The annual fees for both inspection and a permit are set forth on Exhibit A[1] attached hereto and incorporated herein. The fees set forth on Exhibit A shall remain in full force and effect and may be modified from time to time by resolution of Borough Council.
[1]
Editor's Note: Exhibit A is on file in the Borough offices.
2. 
There shall be a annual administrative fee in the amount of $30 for every residential rental unit and commercial property in the Borough. The fee shall be due on or before January 31 of each year. Late payments shall have added a $5 late fee.
[Ord. 658, 6/14/2011, § 18; as amended by Ord. No. 732, 12/12/2023]
1. 
The following shall be violations of this Part:
A. 
Occupancy of any residential rental unit without first obtaining a rental safety occupancy permit in accordance with this Part.
B. 
Permitting the continued occupancy of a residential rental unit or commercial property in the absence of a permit, whether due to the expiration of a permit or for any other reason whatsoever.
C. 
Any violation of the code shall be a violation of this Part where such code violation occurs in a residential rental unit or commercial property, or in any building or on any premises on which a residential rental unit or commercial property is located.
D. 
Failure to permit the occupancy safety inspector or his or her designee to inspect a residential rental unit, commercial property, or the building or property on which it is located in accordance with this Part. A person, partnership or corporation commits a summary offense if he/she/it refuses to permit a Borough occupancy safety inspector to have access or to gain entry to any premises specified in an administrative search warrant to conduct a occupancy safety inspection, and upon conviction in a summary proceeding, shall be fined not less than $600, nor more than $1,000, and in default of the payment of the fines and costs, shall be committed to the Allegheny County jail for a period not to exceed 30 days.
E. 
Failure to submit a complete application in a timely manner for an initial permit, renewal permit or updated permit upon change of occupancy.
2. 
Whoever violates or fails to comply with any of the provisions of this Part, or code, or fails to correct, within the time set by this Part, the defects for which a dwelling has been cited, shall be subject to the provisions of this Part. Any person, partnership or corporation who violated any of the provisions of this Part shall upon conviction in a summary proceeding, be fined not less than $600 nor more than $1,000, and in default of the payment of the fine and costs, shall be committed to the Allegheny County jail for a period not to exceed 30 days. The court shall designate, in the case of a partnership or corporation, which partner/principal or corporate officer shall be imprisoned. A separate offense shall be deemed committed each day during or on which a violation or noncompliance occurs or continues. Violations of § 11-212A specifically, shall upon conviction in a summary proceeding, be fined not less than $ 1,000 nor more than $2,000, and in default of the payment of the fine and costs, shall be committed to the Allegheny County Jail for a period not to exceed 30 days.
3. 
The occupancy safety inspector shall deny an application for a rental safety occupancy permit and may revoke an existing permit for failure to abate any violation of the code or any other applicable regulation within the time specified in the notice of violation.
4. 
In addition to any other penalties provided at law or by ordinance, statute, regulation or otherwise, the occupancy safety inspector or his/her designee shall have the right to bring suit in the name of the Borough for injunctive or other special or emergency relief to enjoin any violation of this Part, and to receive, as part of such relief, attorney fees and costs associated with such action and with the enforcement of this Part. Nothing contained herein shall be deemed to preclude the Borough to seek other relief or avail itself of any remedy that may be at law or in equity to prevent continuing violations of the terms of this Part. Upon the finding of guilt associated with a violation, all costs associated with the prosecution of a violation shall be borne and paid by the owner of the property subject to the violation.
[Ord. 658, 6/14/2011, § 19]
No provision of this Part shall prevent the Borough from instituting proceedings and seeking relief in the courts of equity of the Commonwealth if the Borough shall deem such action necessary to address any violations of this Part which constitutes a public nuisance.