[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:
The Code Appeals Board of the Borough of Vandergrift.
Vandergrift Borough, County of Westmoreland, Commonwealth
of Pennsylvania.
The International Property Maintenance Code, as adopted by
the Borough of Vandergrift.[1]
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.
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.
A building having one or more dwelling units.
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.
A person on the premises with the actual or implied consent
of an occupant/tenant.
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.).
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.
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.
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.
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.
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.
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.
A dwelling unit in which the owner resides on a regular,
permanent basis.
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.
A natural person, partnership, corporation, unincorporated
association, limited partnership, trust or any other entity.
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.
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.
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.
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.
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.")
Of or pertaining to two or more persons not related to one
another through blood to the level of second cousins, adoption or
marriage.
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.
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.
