Definitions. As used in this Part, the following terms shall have
the meanings indicated:
BOROUGH
The Borough of Stroudsburg, Monroe County, Pennsylvania.
CODE
Any code or ordinance adopted, enacted and/or in effect in
the Borough of Stroudsburg concerning fitness for habitation or construction,
maintenance, operation, occupancy, use or appearance of any premises
or dwelling unit. Included within, but not limited by, this definition
are the following which are in effect as of the date of enactment
of this Part: BOCA Basic Building Code; BOCA Basic Plumbing Code;
BOCA Basic Property Maintenance Code; BOCA Basic Fire Prevention Code;
National Electrical Code; the Code of Ordinances of the Borough of
Stroudsburg; and any duly enacted amendment or supplement to any of
the above and any new enactment falling within this definition.
CODE ENFORCEMENT OFFICER
The duly appointed Code Enforcement Officer(s) having charge
of the Office of Code Enforcement of the Borough of Stroudsburg, and
any assistants or deputies thereof.
COMMON AREA
In multiple-unit dwellings, space which is not part of a
regulated rental unit and which is shared with other occupants of
the dwelling, whether they reside in regulated dwelling units or not.
Common areas shall be considered as part of the premises for purposes
of this Part.
DISRUPTIVE CONDUCT
Any form of conduct, action, incident or behavior perpetrated,
caused or permitted by any occupant or visitor of a regulated dwelling
unit that is so loud, untimely (as to hour of the day), offensive,
riotous or that otherwise disturbs other persons of reasonable sensibility
in their peaceful enjoyment of their premises such that a report is
made to police and/or to the Code Enforcement Officer complaining
of such conduct, action, incident or behavior. It is not necessary
that such conduct, action, incident or behavior constitute a criminal
offense nor that criminal charges be filed against any person in order
for a person to have perpetrated, caused or permitted the commission
of disruptive conduct, as defined herein; provided, however, that
no disruptive conduct shall be deemed to have occurred unless the
Code Enforcement Officer or police shall investigate and make a determination
that such did occur and keep written records, including a disruptive
conduct report, of such occurrence.
DISRUPTIVE CONDUCT REPORT
A written report of disruptive conduct on a form to be prescribed
therefor, to be completed by the Code Enforcement Officer or police,
as the case may be, who actually investigates an alleged incident
of disruptive conduct and which shall be maintained by the Code 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/are
vested all or part of the legal title to the premises, or all or part
of the beneficial ownership and a right to present use and enjoyment
of the premises, including a mortgage holder in possession of a regulated
rental unit (same as "owner").
MANAGER
An adult individual designated by the owner of a regulated rental unit under §
5-402, Subsection
2. The manager shall be the agent or the owner for service of process and receiving notices or demands and to perform the obligations of the owner under this Part and under rental agreements with occupants.
MULTIPLE-UNIT DWELLING
A building containing two or more independent dwelling units,
including, but not limited to, double houses, row houses, townhouses,
condominiums, apartment houses and conversion apartments.
OCCUPANT
An individual who resides in a regulated rental unit, whether
or not he or she is the owner thereof or a person with whom a legal
relationship with the owner/landlord is established by a written or
oral lease or by the laws of the Commonwealth of Pennsylvania.
OWNER
One or more persons, jointly or severally, in whom is/are
vested all or part of the legal title to the premises, or all or part
of the beneficial ownership and a right to present use and enjoyment
of the premises, including a mortgage holder in possession of a regulated
rental unit.
OWNER-OCCUPIED DWELLING UNIT
A dwelling unit in which the owner resides on a regular,
permanent basis, provided not more than two unrelated individuals,
in addition to the immediate members of the owner's family, occupy
the dwelling unit at any given time.
PERSON
A natural, partnership, corporation, unincorporated association,
limited partnership, trust or any other entity.
POLICE
The Police Department of the Borough of Stroudsburg, any
regional police department or any properly authorized member or officer
thereof or of any other law enforcement agency having jurisdiction
within the Borough of Stroudsburg.
PREMISES
Any parcel of real property in the Borough, including the
land and all buildings and appurtenant structures or appurtenant elements,
on which one or more regulated rental units is located.
RENTAL AGREEMENT
A written agreement between an owner/landlord and an occupant/tenant supplemented by the addendum required under §
5-402, Subsection
5, of this Part, 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 or a person with whom a legal
relationship with the owner/landlord is established by a written or
oral lease or by the laws of the Commonwealth of Pennsylvania (same
as "occupant").