[Adopted 7-12-2004 by Ord. No. 3-2004]
The following terms, when used in this article, shall have the
meanings set forth in this section:
Vandergrift Borough, Westmoreland County, Pennsylvania.
The official who is charged with the administration and enforcement
of any code to be enforced within the Borough of Vandergrift under
any governing statute or ordinance which may apply, or any duly authorized
representative of the Code Official. The Code Official, or any duly
authorized representative, shall have all authority necessary to enforce
the provisions of this article, including instituting summary citation
proceedings.
Any person, agent, operator, firm or corporation having a
legal or equitable interest in the property; or recorded in the official
records of the County as holding title to the property; or otherwise
having control of the property, including the guardian of the estate
of such person and the executor or administrator of the estate of
such person if ordered to take possession of the real property by
a court or, in the case of an estate, through the grant of appropriate
letters of administration to act.
A lot, plot or parcel of land including the building or structures
thereon.
That which is built or constructed, including, without limitation
because of enumeration, buildings for any occupancy or use whatsoever,
fences, signs, billboards, fire escapes, chute escapes, railings,
water tanks, towers, open-grate steps, sidewalks or stairways, tents
or anything erected and framed of component parts which is fastened,
anchored or rests on a permanent foundation or on or in the ground.
Any natural person or entity who is a named party or signatory
to a rental agreement and who occupies, resides or has a legal right
to possess an individual rental unit.
A.
A rental
agreement license is required before any new tenant will be allowed
to rent, dwell or occupy in any fashion a unit. Issuance of the rental
agreement license shall certify that all procedures, policies and
protocols are fulfilled through the Code Enforcement Officer.
B.
The rental
agreement license is contingent upon the successful inspection by
the Code Enforcement Officer of each rental unit, and the same shall
be based upon a standardized checklist. A copy of the standardized
list is attached hereto and made a part hereof as Appendix A and may
be amended from time to time by the Code Enforcement Officer to comply
with updates or amendments to applicable state, federal and local
codes, laws or ordinances governing property maintenance or any matter
which may be covered under the Uniform Construction Code or its amendments
thereto.[1]
[1]
Editor's Note: A copy of the standardized checklist (Appendix
A) is on file in the Borough offices.
[Amended 5-5-2014 by Ord.
No. 2-2014]
A.
At least
five business days prior to the intended date of occupancy, the owner
shall notify the Code Enforcement Officer of the owner's intent to
rent the unit or units in question, and the owner shall make the property
available to the Code Enforcement Officer at the hours designated
as available for code enforcement within the Borough of Vandergrift
through the Code Enforcement Officer or his agent for an inspection
to be conducted. At the time of the request, the owner shall submit
the requisite rental license request form if the property has not
previously been licensed, thereby registering the property, and submit
a rental licensing fee in the amount of $50 to the office of the Borough
Secretary for registration purposes. The rental license request form
is attached hereto as Appendix B.[1] In addition thereto, the owner shall submit a request
for inspection in a form substantially similar to the inspection request
form attached hereto and made a part hereof as Appendix C.[2] Upon submission of the inspection request form, the owner shall pay the requisite inspection fee established at $60. Should the property not pass inspection, the provisions of Subsection B shall control the reinspection process. Any fees identified in this provision may be amended, from time to time hereafter, by resolution of the Council of the Borough of Vandergrift.
B.
Following
the inspection, the owner will be provided with a written list of
deficiencies in the form of a completed rental inspection checklist.
The owner shall then have 30 days from the date of inspection to correct
the deficiencies to code requirements and shall pay the Borough of
Vandergrift a fee of $60 for reinspection. Each reinspection shall
cause the owner to pay to the Borough of Vandergrift the fee of $60,
and said fee shall be accompanied by the checklist as provided by
the Code Enforcement Officer from the immediate prior inspection and
shall include an affidavit, executed in the presence of a notary public
by the owner, certifying that the repairs required have been completed,
and outline, in detail, the actions taken to remediate the deficiencies
identified by the Code Enforcement Officer. There shall be no tenancy
of the rental unit until a final approved inspection certificate has
been delivered to the owner. The Code Enforcement Officer shall have
the authority to grant an extension from the thirty-day reinspection
requirement based upon a determination of the magnitude of the deficiency
to be corrected. Should the applicable period for reinspection expire
without a request for reinspection by the owner, it shall be necessary
for the owner to reapply for an inspection of the premises if the
owner desires to place tenants in the rental unit. The Code Enforcement
Officer shall not unreasonably deny requests for extension, subject
to the requirement that during the inspection process the property
shall be unoccupied.[3]
[3]
Editor's Note: Original Section II, Paragraph 5, which contained
a penalty and immediately followed this subsection, was repealed 5-5-2014
by Ord. No. 2-2014.
No license shall be issued if smoke detectors are lacking in
the structure or if an insufficient number of detectors are present
or if the same are inoperable. It shall further be the responsibility
of the owner to supply certification to the Code Enforcement Officer
by completion of the required smoke detector certification form on
or within 10 days after the 120th day after the issuance of the rental
agreement license, and each and every one-hundred-twenty-day period
thereafter, if the same tenant remains in the structure, to certify
the following:
A.
That the
landlord has inspected the interior of the premises for the presence
of the requisite number of smoke detectors.
B.
That the
landlord certifies that the requisite number of smoke detectors remain
in place or have been appropriately installed.
C.
That all
smoke detectors are in working order and have been tested by the landlord.
D.
That the
landlord certifies that fresh batteries have been installed in the
smoke detectors, unless the same are directly electrically wired and
said smoke detectors do not require batteries nor do they require
the present abilities of any tenant to plug into an outlet said detector
for it to be operable.
E.
Should
said certification not be forthcoming within the time limit prescribed
under this article, as noted on the rental license request, the landlord
does certify that he shall permit entry without further notice into
the rental property following the 10th day after the expiration of
the inspection certification time limitation to conduct an inspection
of the smoke detectors in the subject premises, as the same is a health,
safety and welfare issue not only to the residents of the rental unit
but also, due to the close proximity of homes within the Borough of
Vandergrift and given the age of the homes and the nature of the construction
of the homes, which is primarily of wood framing, the inspection for
smoke detectors serves an immediate health, safety and welfare purpose
and allows for prompt response in the event of fire.
[Amended 5-5-2014 by Ord.
No. 2-2014]
In the event that an owner rents or allows the rental unit to
be occupied, with or without the payment of any amounts to be considered
as rent, without the receipt of a rental license and a rental certificate
for the unit in question, the property owner shall be subject to citation
and, upon conviction thereof, shall pay a fine of not less than $300
per occurrence. Each day shall constitute a separate violation.
A.
An application
shall be failed for any inspection deficiency as well as any incomplete
or missing information pertaining either to the owner or the prospective
tenant. All information must be accurate to the best of the landlord's
knowledge, information and belief at the time of the application process.
B.
No license
shall be issued if any property tax for the subject lot, piece or
parcel of land is not paid if the same has been issued and is due
and owing, whether at discount, face or at delinquency with penalty.
All said taxes must be paid and proof thereof must be supplied to
the Code Official at the time of the application
[Added 5-5-2014 by Ord.
No. 2-2014]
Every owner who is not a full-time resident of the Borough of
Vandergrift and/or who does not live within 15 miles of the boundaries
of the Borough of Vandergrift shall designate a manager who shall
reside or maintain a full-time office in an area that is within 15
miles from the Borough of Vandergrift. If the owner is a corporation,
a manager shall be required if an officer of the corporation does
not reside within the above-referenced area. The officer shall perform
the same function as a manager. If the owner is a partnership, a manager
shall be required if a partner does not reside within the above-referenced
area. Said partner shall perform the same function as a manager. The
manager shall be the agent of the owner for service of process and
receiving of notices and demands, as well as for performing the obligations
of the owner under this article and under rental agreements with occupants.
The identity, address and telephone number(s) of a person who is designated
as manager hereunder shall be provided by the owner or manager to
the Borough, and such information shall be kept current and updated
as it changes within 30 days of any change.
A.
All tenant
and landlord information requested must be provided at the time of
the application on the application form, and any such information
may be used for any purpose by any Borough entity deemed appropriate
by Borough Council.
B.
All owners
of property intended for rental or currently rented must inform the
Code Enforcement Officer within 30 days of the enactment of this article
and on or before February 1 of each subsequent year that the property
in question is intended for rental or currently rented. Further, all
new acquisitions throughout the year must be reported to the Code
Enforcement Officer within 10 days after the property real estate
settlement closing. Failure to comply with the notice requirements
shall be interpreted as an attempt to bypass the procedures of this
article and shall cause a citation to be issued to the owner with
the fine to be established in an amount up to $1,000. Further, should
any owner furnish false information to the Borough or should any owner
or tenant use a false name, false address or any false information
on any application, said individual shall be individually subject
to citation with a fine of up to $ 1,000 per application.
This article is not intended to be an all-encompassing ordinance
due to the complexity and the standard as identified in the International
Property Maintenance Code and, if applicable, the Uniform Construction
Code, and in the event that a subject topic was not explicitly addressed,
the procedure will default to the guidelines of the most current adopted
provisions of the International Property Maintenance Code or the applicable
provisions of the Uniform Construction Code.
