[Adopted 1-3-2012 by Ord. No. 4-2012]
The following terms, when used in this article, shall have the meanings set forth in this section:
BOARD
The Code Appeals Board of the Borough of Vandergrift.
BOROUGH
Vandergrift Borough, County of Westmoreland, Commonwealth of Pennsylvania.
CODE
The International Property Maintenance Code, as adopted by the Borough of Vandergrift.[1]
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 the police complaining of such conduct, action, incident or behavior. It is not necessary that such conduct, action, incident or behavior constitutes 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 police investigate and make a determination that such did occur and make a record of such occurrence.
DISRUPTIVE CONDUCT REPORT
A written report of disruptive conduct on a form to be prescribed therefor, to be completed by the police who actually investigate an alleged incident of disruptive conduct, which report 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/tenant.
ILLEGAL ACTIVITIES
The occupant/tenant shall not engage in or tolerate, nor permit others on the premises to engage in, any conduct declared illegal under the Pennsylvania Crimes Code (18 Pa.C.S.A. § 101 et seq.) or Liquor Code (47 P.S. § 1-101 et seq.) or the Controlled Substance, Drug, Device and Cosmetic Act (35 P.S. § 780-101 et seq.).
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 a right to the present use and enjoyment of the premises, including a mortgage holder in possession of a regulated rental unit.
MANAGER
An adult individual designated by the owner of a regulated rental unit. The manager shall be the agent of the owner for service of process and receiving notices and demands and to perform the obligations of the owner under this article and under rental agreements with occupants/tenants.
MULTIPLE-UNIT DWELLING
A building containing three or more independent dwelling units, including, but not limited to, double houses, row houses, townhouses, condominiums, apartment houses, and conversion apartments.
OCCUPANCY LICENSE
The license issued to the owner of regulated rental units under this article, which is required for the lawful rental and occupancy of regulated rental units.
OCCUPANT/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 lease or by the laws of the Commonwealth of Pennsylvania.
OWNER
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 a right to the 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.
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 regulated rental unit with his or her consent, to conduct themselves in a manner that will not disturb the peaceful enjoyment of adjacent or nearby dwellings by the person occupying the same.
PERSON
A natural person, partnership, corporation, unincorporated association, limited partnership, trust or any other entity.
POLICE
The Police Department of Vandergrift Borough or any properly authorized member or officer thereof or any other law enforcement agency having jurisdiction within Vandergrift Borough.
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 rental units are located.
RENTAL AGREEMENT
A written agreement between owner/landlord and occupant/tenant supplemented by an addendum embodying the terms and conditions concerning the use and occupancy of a specified regulated rental unit or premises.
RESIDENTIAL USE
The occupant/tenant shall, unless otherwise permitted by applicable law or ordinance, occupy or use his or her regulated rental unit for no other purpose than as a residence.
TENANT/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/landlord is established by a written lease or by the laws of the Commonwealth of Pennsylvania. (Same as "occupant/tenant.")
UNRELATED
Of or pertaining to two or more persons not related to one another through blood to the level of second cousins, adoption or marriage.
[1]
Editor's Note: See Ch. 356, Art. III, of this Code.
A. 
General.
(1) 
It shall be the duty of every owner to keep and maintain all regulated rental units in compliance with the applicable codes and provisions of all other applicable state laws and regulations and local ordinances and to keep such property in good and safe condition.
(2) 
As provided for in this article, every owner shall be responsible for regulating the proper and lawful use and maintenance of every dwelling which he, she or it (as applied to corporate entities throughout this article) owns. As provided for in this article, every owner shall be responsible for regulating the conduct and activities of the occupant/tenant, both contractually and through enforcement, of every regulated rental unit which he, she or it owns in the Borough, which conduct or activity takes place at such regulated rental unit or its premises.
(3) 
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 or their guest 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 upon the occupant/tenant's 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.
(4) 
This article 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/tenant or guest thereof.
B. 
Designation of manager. Every owner who is not a full-time resident of Vandergrift Borough and/or who does not live within 15 miles of the boundaries of Vandergrift Borough shall designate a manager who shall reside in an area that is within 15 miles from Vandergrift Borough. 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.
[Amended 5-5-2014 by Ord. No. 4-2014]
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.
(b) 
The name, address and telephone number of the owner of the premises.
(2) 
Before an occupant initially enters into or renews a rental agreement for a regulated rental unit, the owner or manager shall furnish the occupant with a copy of the most recent inspection report relating to the property.
D. 
Maintenance of premises. The owner shall maintain the premises in compliance with any and all 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 this obligation.
E. 
Written rental agreement.
(1) 
All rental agreements for regulated dwelling units shall be in writing and shall be supplemented with the addendum. (No verbal leases and no verbal modifications thereof are permitted.) All disclosure and information required to be given to occupant/tenant by the owner shall be furnished before the signing of the rental agreement. The owner shall provide occupant/tenant with copies of the rental agreement and addendum upon execution.
(2) 
Terms and conditions. Owner and occupant may include in a rental agreement terms and conditions not prohibited by this article or other applicable ordinances, regulations and laws, including rent, terms of the agreement and other provisions governing the right and obligations of the parties.
(3) 
Prohibited provisions. Except as otherwise provided by this article, no rental agreement may provide that the occupant/tenant or owner agrees to waive or to forego rights or remedies under this article. A provision prohibited by this subsection included in a rental agreement is unenforceable.
(4) 
Attachment of ordinance to rental agreement. Following the effective date of this article, a summary hereof in a form provided to the owner by the Borough at the time of licensing shall be attached to each rental agreement delivered by or on behalf of an owner when any such agreement is presented for signing to any occupant. If a summary has been provided when the rental agreement was first executed, a summary does not have to be provided upon renewal. Where a rental agreement has been entered into prior to the effective date of this article, the owner shall provide the occupants with a copy of the summary within 60 days after the enactment of this article.
(5) 
If a copy of the rental agreement is requested by the Borough, the owner shall be permitted to submit a redacted copy of the same, excluding from the copy all financial information regarding the rental agreement by and between the tenant and the owner.
F. 
Complaints. The owner shall reply promptly to reasonable complaints and inquiries from occupant/tenant.
G. 
Landlord and Tenant Act. The owner shall comply with all provisions of the Landlord and Tenant Act of the Commonwealth of Pennsylvania currently in effect and as amended from time to time hereafter by the Legislature of the Commonwealth of Pennsylvania.[1]
[1]
Editor's Note: See 68 P.S. § 250.101 et seq.
H. 
Common areas. Where an owner of a regulated rental unit 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 occupant/tenants and guests in the common areas as if the owner were an occupant/tenant.
A. 
General. The occupant/tenant 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 law.
B. 
Health and safety regulations.
(1) 
The maximum number of persons permitted in any regulated rental unit at any time shall not exceed the standards outlined in the Borough-adopted International Property Maintenance Code (as may be amended from time to time).
(2) 
The occupant/tenant shall dispose from his or her regulated rental unit all rubbish, garbage and other waste in a clean and safe manner prescribed by the Borough and separate and place for collection all recyclable materials in compliance with the recycling plan for Vandergrift Borough.
C. 
Peaceful enjoyment. The occupant/tenant shall conduct himself or herself and require other persons, including but not limited to guests on the premises and within his or her regulated 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 or nearby dwellings by the persons occupying same.
D. 
Residential use. The occupant/tenant shall, unless otherwise permitted by applicable law or ordinance, occupy or use his or her rental unit for a residence only.
E. 
Illegal activities. The occupant/tenant shall not engage in nor tolerate or permit others on the premises to engage in any conduct declared illegal under the Pennsylvania Crimes Code (18 Pa.C.S.A. § 101 et seq.) or the Liquor Code (47 P.S. § 1-101 et seq.) or the Controlled Substance, Drug, Device and Cosmetic Act (35 P.S. § 780-101 et seq.).
F. 
Disruptive conduct.
(1) 
The occupant/tenant 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 police investigate an alleged incident of disruptive conduct, the responding officer shall complete a disruptive conduct report upon a finding that the reported incident did, in his or her judgment, constitute disruptive conduct as defined herein. The information filed on said report shall include, if possible, the identity or identities of the alleged perpetrator(s) of the disruptive conduct and all other obtainable information, including the factual basis for the disruptive conduct required on the prescribed form. Where the police make such investigation, said police officer shall then submit the completed disruptive conduct report to the Code Enforcement Officer. In all cases the Code Enforcement Officer shall mail a copy of the disruptive conduct report to the owner or manager within three working days of the occurrence of the alleged disruptive conduct.
(3) 
The third occurrence of disruptive conduct within a one-year period shall result in an automatic eviction of the tenant by the owner. Should the owner fail to cooperate with the provisions of this article and fail to move forward with eviction upon notice by the Borough, the Borough shall take any and all necessary legal action to move forward with the eviction action on behalf of the owner in the best interest of the health, safety and welfare of the residents of the Borough, and any and all costs and fees, including reasonable attorneys' fees incurred by the Borough, shall be assessed against the owner.
G. 
Compliance with rental agreement. The occupant/tenant shall comply with all lawful provisions of the rental agreement entered into between the owner and occupant/tenant. Failure to comply may result in the eviction of the occupant by the owner.
H. 
Damage to premises. The occupant/tenant shall not intentionally cause, nor permit or tolerate others to cause, damage to the premises. Conduct which results in damages in excess of $500 (as the same shall be estimated by the owner or manager) shall be considered a violation of this article.
I. 
Inspection of premises. The occupant shall permit inspections by the Code Enforcement Officer or his designated representative of the premises at reasonable times upon reasonable notice and as required by Article III, Licensing, Inspection and Rental Agreements, of this chapter.
J. 
Fees. Every person applying for a license initially shall supply all information requested by the Borough and pay any initial license fee as adopted by the Borough and as may be amended from time to time by resolution of the Borough Council.
A. 
Compliance with registration regulations of Borough. Each owner shall comply with the requirements of Ordinance 3 of 2004 (Article III of this chapter), which establishes minimum regulations for all residential rental properties within the Borough.
B. 
Licensing of rooming houses, dormitories and hotels.
(1) 
No person shall operate a rooming house, dormitory or hotel unless he has first obtained from the Code Official a license to operate such rooming house, dormitory or hotel.
(2) 
Compliance with Code. The Code Official shall not issue a license unless the rooming house, dormitory or hotel for which the license is requested is in compliance with the Code.
(3) 
Number of occupants specified. Every license shall specify the maximum number of occupants allowed to occupy the rooming house, dormitory or hotel. Every license shall be displayed in a conspicuous place within the rooming house, dormitory or hotel.
A. 
Basis for violation. It shall be unlawful for any person, as either owner or manager of a regulated rental unit for which a license is required, to operate without a valid, current license issued by the Borough authorizing such operation. It shall also 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. It shall be unlawful for any occupant to violate this article.
B. 
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 $300 plus costs. Each day of violation shall constitute a separate and distinct offense.
A. 
Notice. Whenever the Code Official determines that there exists a violation of the International Building Code or the Property Maintenance Code, he shall serve notice as provided in the code and shall notify the owner or operator in writing that, unless the notice of violation is complied with, the rental dwelling license may be revoked. After the expiration of the time for compliance as stated on the notice of violation, a reinspection shall be made to determine compliance. If the violation has not been corrected and no appeal is pending, the Code Official may revoke the multifamily dwelling license and, in such event, shall serve written notice by United States certified mail upon the owner or operator of such action.
B. 
Appeal. Any person whose dwelling license has been revoked or whose application for license to operate a multifamily dwelling has been denied may appeal to the Board as provided in the Code. Fees for this appeal process shall be set by resolution and amended from time to time by the Vandergrift Borough Council.
The penalty provisions of this article and the license nonrenewal, suspension or 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 the 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 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 rebuttal 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 along as all notices prerequisite to instillation of such proceedings have been given and deemed received in accordance with the applicable provisions of this article.
B. 
Changes in ownership occupancy. It shall be the duty of each owner of a regulated rental unit to notify the Code Enforcement Officer in writing of any change in ownership of the premises or of the number of regulated rental units on the premises. It shall be the duty of the owner to notify the Code Enforcement Officer in writing of any increase in the number of occupants in any regulated rental unit or of the changing of a dwelling unit from owner-occupied to non-owner-occupied, which thereby transforms the dwelling into a regulated rental unit for the purposes of this article.
C. 
Owners severally responsible. If any regulated rental unit is owned by more than one person, in any form of joint tenancy, 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.