1.
It is the purpose of this part and the policy of the Council of the
Borough of Sharpsburg, in order to protect and promote the public
health, safety and welfare of its citizens, to establish rights and
obligations of owners and occupants relating to the rental of certain
dwelling units in the Borough of Sharpsburg and to encourage owners
and occupants to maintain and improve the quality of rental housing
within the community. It is also the policy of the Borough that owners,
managers and occupants share responsibilities to obey the various
codes adopted to protect and promote public health, safety and welfare.
As means to those ends, this part provides for a system of inspections,
issuances and renewals of occupancy licenses, and sets penalties for
violations. This part shall be liberally construed and applied to
promote its purposes and policies.
2.
In considering the adoption of this part, the Borough of Sharpsburg
makes the following findings:
A.
There is a greater incidence of violations of various codes of the
Borough as to residential rental properties wherein the owners of
the properties or the appointed managers of the property do not live
in the Borough or in close proximity to the Borough.
B.
There is a greater incidence of complaints and violations dealing
with the maintenance and upkeep of residential rental properties than
at owner-occupied properties.
C.
There is a greater incidence of disturbances which adversely affect
the peace and quiet of the neighborhood at residential rental properties
than in owner-occupied rental properties.
As used in this part, the following terms shall have the meanings
indicated:
The Borough of Sharpsburg, Allegheny County, Pennsylvania.
Any code or ordinance adopted, enacted and/or in effect in
and for the Borough of Sharpsburg concerning fitness for habitation
or the 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
Property Maintenance Code; BOCA Basic Fire Prevention Code; National
Electrical Code; Floodplain Management Ordinance; Weed and Vegetation
Control Ordinance; Sidewalk Maintenance and Ice Removal Ordinance;
Solid Waste and Recycling Ordinance; Zoning Ordinance; and any duly
enacted amendment or supplement to any of the above and any new enactment
falling within this definition.
The duly appointed Code Enforcement Officer(s) having charge
of the Office of Code Enforcement of the Borough of Sharpsburg, and
any assistants or deputies thereof, including any duly appointed police
officer of the Borough of Sharpsburg.
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.
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 the 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 Code Enforcement Officer complaining of such conduct,
action, incident or behavior, and said actions constitute a violation
of any ordinance of the Borough of Sharpsburg or the criminal statutes
of the Commonwealth of Pennsylvania. It is not necessary 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 shall
investigate and made a determination that such did occur and keep
written records, including a disruptive conduct report, of such occurrence.
A written report of disruptive conduct on a form to be prescribed
therefor, to be completed by the Code Enforcement Officer, as the
case may be, who actually investigates an alleged incident of disruptive
conduct and which 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.
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 present use and enjoyment
of the premises, including a mortgage holder in possession of a regulated
rental unit. (Same as "owner.")
An adult individual designated by the owner of a regulated rental unit under § 11-204. The manager shall be the agent of the owner for service of process and receiving notices or demands and to perform the obligation of the owner under this part and under rental agreements with occupants.
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.
The license issued to the owner of regulated rental units
under this part, 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 written 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 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.
A natural person, partnership, corporation, unincorporated
association, limited partnership, trust or any other entity.
The Police Department of the Borough of Sharpsburg or any
properly authorized member or officer thereof or any other law enforcement
agency having jurisdiction within the Borough of Sharpsburg.
Any parcel or real property in the Borough, including the
land and all buildings and appurtenant structures or appurtenant elements,
upon which one or more regulated rental units is located.
A vacant/unoccupied dwelling unit or a dwelling unit occupied
by any person who is not the owner of record, whether or not the person
is under a rental agreement.
[Amended 9-17-2015 by Ord. No. 15-10; 12-22-2022 by Ord. No. 22-09]
A written agreement between owner/landlord and occupant/tenant supplemented by the addendum required under § 11-207 of this part, embodying the terms and conditions concerning the use and occupancy of a specified regulated rental unit or premises.
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.")
