1.
It shall be the duty of every owner to keep and maintain all regulated
rental units in compliance with all 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 part, every owner shall be responsible for
regulating the proper and lawful use and maintenance of every dwelling
which he, she or it owns. As provided for in this part, every owner
shall also be responsible for regulating the conduct and activities
of the occupants 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.
In order to achieve those ends, every owner of a regular rental unit
shall regulate the conduct and activity of the occupants thereof,
both contractually and through enforcement, as more fully set forth
below.
4.
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 guests 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'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.
5.
This part 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 or guest thereof.
Every owner who is not a full-time resident of the Borough of
Sharpsburg, or a resident elsewhere within 15 miles from Sharpsburg,
shall designate a manager who shall reside within 15 miles of the
Borough of Sharpsburg. If the owner is a corporation, a manager shall
be required if any officer of the corporation does not reside within
the aforesaid distance. 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 in the aforesaid distance. 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 notices
and demands, as well as for performing the obligations of the owner
under this part 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 owner or manager to the Borough, and
such information shall be kept current and updated as it changes.
The owner or manager shall disclose to the occupant in writing
on or before the commencement of the tenancy:
1.
The owner shall maintain the premises in compliance with the applicable
codes of the Borough and shall regularly perform all maintenance,
including lawn mowing and ice and snow removal, and shall promptly
make any and all repairs necessary to fulfill this obligation.
2.
The owner and occupant may agree that the occupant is to perform
specified repairs, maintenance tasks, alterations or remodeling. In
such case, however, such agreement between the owner and occupant
must be in writing. Such an agreement may be entered into between
the owner and occupant only if:
3.
In no case shall the existence of any agreement between owner and
occupant relieve any owner of any responsibility under this part or
other ordinances or codes for maintenance of premises.
1.
All rental agreements for regulated dwelling units shall be in writing
and shall be supplemented with the Addendum attached hereto as Appendix
A.[1] No oral leases and no oral modifications thereof are permitted.
All disclosures and information required to be given to occupants
by the owner shall be furnished before the signing of the rental agreement.
The owner shall provide occupant with copies of the rental agreement
and Addendum upon execution. Owner shall further secure a written
acknowledgement from the occupants that they have received the disclosures
and information required by this part.
[1]
Editor's Note: The Addendum to Residential Rental Agreement
is an attachment to this chapter.
2.
Terms and conditions. Owner and occupant may include in a rental
agreement any terms and conditions not prohibited by this part or
other applicable ordinances, regulations and laws, including rent,
term of the agreement, and other provisions governing the rights and
obligations of the parties.
3.
Prohibited provisions. Except as otherwise provided by this part,
no rental agreement may provide that the occupant or owner agrees
to waive or to forego rights or remedies under this part. A provision
prohibited by this subsection included in a rental agreement shall
be unenforceable.
4.
Attachment of ordinance to rental agreement. Following the effective
date of this part, a summary hereof in a form provided to 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 part, the owner shall provide
the occupants with a copy of the summary within 60 days after enactment
of this part.
5.
Upon oral or written request by the Code Enforcement Officer, the
owner shall, within 10 days of such request, furnish to the Borough
copies of an acknowledgement that the occupants have received the
disclosures and information required to be given and acknowledged
as required by this part.
6.
Upon oral or written request by the Code Enforcement Officer, the
owner shall, within 10 days of such request, furnish to the Borough
for inspection purposes copies of the leases the owner has entered
into for regulated rental units.
The owner shall reply promptly to reasonable complaints and
inquiries from occupants.
The owner shall comply with all provisions of the Landlord Tenant
Act of the Commonwealth of Pennsylvania.[1]
[1]
Editor's Note: See 68 P.S. § 250.101 et seq.
Where an owner 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 occupants and guests
in the common area as if the owner were an occupant.
1.
Within 10 days after receipt of written notice from the Code Enforcement
Officer that an occupant of a regulated rental unit has violated a
provision of this part, the owner shall take immediate steps to remedy
the violation and take steps to assure that there is not a reoccurrence
of the violation.
2.
Within 20 days after receipt of a notice of violation, the owner
shall file with the Code Enforcement Officer, or other designee of
the Borough, a report, on a form provided by the Borough, setting
forth what action the owner has taken to remedy the violation and
what steps he or she has taken to prevent a reoccurrence of the violation.
The report shall also set forth a plan as to steps the owner will
take in the future if the violation recurs.
3.
The Code Enforcement Officer shall review the report and, if adequate
steps have been taken and the plan is adequate to address the future
violations, shall approve the plan. The owner shall, on his or her
initiative, enforce the plan, and failure to do so shall be a violation
of this part.
4.
In the event that a second violation occurs within a license year
involving the same occupant or occupants, the Code Enforcement Officer
may direct the owner to evict in accordance with the Landlord Tenant
Act the occupants who violated this part and to not permit the occupant
to occupy the premises during the subsequent licensing period.
5.
If an occupant has been evicted from a regulated unit pursuant to
this part, he or she shall not be eligible to rent any other regulated
unit within the Borough of Sharpsburg.
Upon receiving notice of any code violation from the Code Enforcement
Officer, the owner shall promptly take action or cause the necessary
action to be taken to abate the offending condition and eliminate
the violation.
In case the owner of premises shall neglect, fail or refuse
to comply with any notice from the Borough or its Code Enforcement
Officer to correct a violation relating to maintenance and repair
of the premises under any code within the period of time stated in
such notice, the Borough may cause the violation to be corrected.
There shall be imposed upon the owner a charge of the actual costs
involved for each time the Borough shall cause a violation to be corrected,
and the owner of the premises shall be billed after the same has been
completed. Any such bill which remains unpaid and outstanding after
the time specified therein for payment shall be grounds for the imposition
of a municipal lien upon the premises as provided by law. Such a lien
may be reduced to a judgment and enforced and collected as provided
by law, together with interest at the legal rate and court costs.
The remedies provided by this paragraph are not exclusive, and the
Borough and its Code Enforcement Officer may invoke such other remedies
available under this part or other applicable codes, ordinances or
statutes, including, where appropriate, condemnation proceedings or
declaration of the premises as unfit for habitation, or suspension,
revocation or nonrenewal of the license issued hereunder.
The owner shall permit inspections of any premises by the Code
Enforcement Officer at reasonable times upon reasonable notice.
