[Adopted 5-5-2011 by Ord. No. 1840; amended in its entirety 5-2-2013 by Ord. No. 1855]
As used in this article, the following terms and words shall
have the following meanings, unless the context clearly indicates
that a different meaning is intended.
CITY
The City of Washington Office of Code Enforcement, Department
of Finance, City Planning, Fire Department or other entity that the
City has legally designated to perform a function on its behalf.
CODE
Any code or ordinance adopted, enacted, and/or in effect
in and for the City of Washington concerning fitness for habitation
or the construction, maintenance, operation, occupancy, use or appearance
of any premises or dwelling unit.
CODE ENFORCEMENT OFFICER
The City of Washington appointed Code Enforcement Officer
or such other third party as designated by the City.
DISRUPTIVE CONDUCT
Any form of conduct, action, incident or behavior perpetrated,
caused or permitted by any occupant at a rental unit that is so loud,
untimely (as to hour of the day), offensive, riotous, or that otherwise
disturbs other persons or reasonable sensibility in their peaceful
enjoyment of their premises such that a report is made to law enforcement
or the City complaining of such conduct, action, incident, or behavior.
It is not necessary that such conduct, action, incident, or behavior
constitute a criminal offense, or 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 shall investigate and make a determination that
such did occur and keep written records of such occurrence.
DISRUPTIVE CONDUCT REPORT
A written report of disruptive conduct on a form to be prescribed
thereof, to be completed by the police who actually investigate an
alleged incident of disruptive conduct and which shall be maintained
by the Code Enforcement Officer or designated representative.
DORMITORY
A college or university building containing living quarters
for students.
DWELLING
A building having one or more dwelling units.
DWELLING UNIT
A building, or portion thereof, designed for human occupancy
purposes, and which has cooking facilities and sanitary facilities
within or attached to said unit.
GUEST
A person on the premises with the actual or implied consent
of an occupant.
ILLEGAL ACTIVITIES
The occupant shall not engage in nor tolerate nor permit
others on the premises to engage in any conduct declared illegal under
Pennsylvania Crimes 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 present use and enjoyment of the
premises, including a mortgage holder possession of a regulated rental
unit. (Same as "owner.")
MANAGER
An adult individual designated by the owner of a regulated
rental unit. The manager shall be the agent of the owner for services
of process and receiving notices or demands and to perform the obligation
of the owner under this article and under rental agreements with occupants.
MULTIPLE-UNIT DWELLING
A building containing three or more independent dwelling
units, including, but not limited to, double 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
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.
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 present use and enjoyment
of the premises, including a mortgage holder in possession of regulated
rental unit.
OWNER-OCCUPIED RENTAL UNIT
A rental unit that is occupied in whole or in part by an
individual whose name specifically appears on the deed for the property
where the rental unit is located on a regular, permanent basis.
PERSON
Any natural individual, firm, partnership, association, joint
stock company, joint venture, public or private corporation or receiver,
executor, personal representative, trust, trustee, conservator or
other representative appointed by order of any court.
POLICE
The Police Department of the City of Washington or any properly
authorized member or officer thereof any other law enforcement agency
having jurisdiction within the City of Washington.
PREMISES
A lot, plot, or parcel of land, including the buildings or
structures thereon, which also includes dwelling units and dwellings.
REGULATED RENTAL UNIT
Any dwelling unit or structure containing sleeping units,
including, but not limited to, hotels, motels, bed-and-breakfast establishments,
boarding houses, dormitories or sleeping rooms, which is leased, paid
for or rented from the owner or other person in control of such units,
to any tenant, whether by day, week, month, year, or any other term.
Hotels, motels and bed-and-breakfast establishments shall be exempt
from this article.
RENTAL AGREEMENT
A written agreement between an owner or landlord and person
occupying the rental unit supplemented by the addendum required under
this article, embodying the terms and conditions concerning the use
and occupancy of a rental unit or premises.
RESPONSIBLE LOCAL AGENT
A natural person having his or her place of residence within
7 1/2 miles of the Washington County Courthouse, which is located
in the City of Washington, Washington County, a licensed real estate
management firm with an office located within 7 1/2 miles of
the Washington County Courthouse, which is located in the City of
Washington, Washington County, Pennsylvania, and has been granted
legal authority by the property owner in accordance with the laws
of the commonwealth as the agent responsible for operating such property
in compliance with the ordinances adopted by the City.
SINGLE-FAMILY DWELLING
A detached building containing one dwelling unit, designed
and intended to be occupied by one family for living purposes.
TENANT
Any individual who has the temporary use and occupation of
real property owned by another person in subordination to that other
person's title and with that other person's consent; for
example, a person who rents or leases a dwelling, dwelling unit, or
rental unit from a landlord.
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.
VICINITY OF PREMISES
The condition of being near or proximity to a regulated rental
unit in which an occupant resides., Pennsylvania and or a professional.
The occupant shall not intentionally cause, nor permit to tolerate
others to cause damages to the premises. Conduct which results in
damages in excess of $500 shall be considered a violation of this
article.
No person shall lease, rent, occupy, or otherwise allow a rental
unit within the City to be occupied without first registering the
rental unit with the City and designating a responsible local agent.
A. Registration forms. Registration shall be made upon forms furnished
by the City and shall require all of the following information:
(1) The street address and parcel identification number of the rental
units;
(2) The number and types of rental units within the rental property;
(3) Name, residence address, telephone number, and where applicable,
an e-mail address, mobile telephone number, and facsimile number of
all property owners of the rental units;
(4) Name, residence address, telephone number, and where applicable,
an e-mail address, mobile telephone number, and facsimile number of
the responsible local agent designated by the owner;
(5) The maximum number of tenants permitted for each rental unit;
(6) The name, address, telephone number and, where applicable, an e-mail
address, mobile telephone number, and facsimile number of the person
authorized to collect rent from the tenants;
(7) The name, address, telephone number and, where applicable, an e-mail
address, mobile telephone number, and facsimile number of the person
authorized to make or order repairs or services for the property if
in violation of City or state codes, if the person is other than the
owner or the responsible local agent;
(8) The name, address and telephone number of any lienholders on the
rental unit or the real property on which the rental unit is located
at time of annual registration;
(9) The name, telephone number and of all leaseholders, number of occupants
and the termination date of the lease;
(10)
A copy of a current valid occupancy permit for the property
be provided at the initial application but shall not be necessary
unless there is a transfer of property.
B. Accurate and complete information. All information provided on the
registration form shall be accurate and complete. No person shall
provide inaccurate information for the registration of a rental unit,
or fail to provide the information required for such registration.
The registration form shall be signed by the property owner(s) or
the designated responsible local agent, where applicable. When the
owner is not a natural person, the owner information shall be that
of the president, general manager or other chief executive of the
organization. When more than one person has an ownership interest,
the required information shall be provided for each owner.
C. Change in registration information or transfer of property.
(1) Except for a change in the registered local agent, the property owner
of a rental unit registered with the City shall reregister within
60 calendar days after any change occurs in the registration information.
(2) If the property is transferred to a new owner, the new property owner
of a registered rental unit shall reregister the rental unit within
60 calendar days following the transfer of the property.
(3) Property owners shall notify the City of any change in the designation
of the registered local agent, including a change in name, address,
e-mail address, telephone number, mobile telephone number or facsimile
number of the designated registered local agent within five business
days of the change.
(4) A change in the lienholder or tenants shall be made upon annual registration.
D. Registration term and renewals. Registration of a rental unit shall
be effective for one year. All registrations shall expire on December
31 of each year. The property owner shall reregister each rental unit
with the City 30 calendar days prior to the expiration of the registration
of the rental unit.
E. Responsible local agent. Any owner not residing within 15 miles of
the Washington County Courthouse must designate a responsible local
agent. Any responsible local agent must reside within 7 1/2 miles
of the Washington County Courthouse. The responsible local agent shall
be responsible for all of the following:
(1) Operating the registered rental unit in compliance with all applicable
City ordinances;
(2) Providing access to the rental unit for the purpose of making any
and all inspections necessary to ensure compliance with the applicable
City ordinances;
(3) Maintaining a list of the names and number of occupants of each rental
unit for which he or she is responsible; and
(4) Accepting all legal notices or services of process with respect to
the rental unit (November 30 of each year).
Violation of this article shall be a summary offense. The fine
for each separate violation shall be a fine not less than $300, but
not more than $1,000 per each unit per each month that a rental unit
is not registered or inspected as required by this article, plus any
fees that have been charged for inspection, if applicable. Inspection
fees shall not be waived or reduced. Each day an owner of residential
unit violates any provisions of this article shall constitute a separate
offense. Nothing contained within this article shall be construed
to limit or deny the right of the City, its agents and representatives
from seeking any other equitable or legal remedies that may otherwise
exist under applicable law. In addition to the fines set forth herein,
the City shall be entitled to reasonable attorney's fees and
costs of collection incurred in enforcing this article. Said fees
shall be added to any penalties set forth above.
If any section, subsection, sentence, clause, phrase or portion
of this article for any reason is held to be invalid or unconstitutional
by a court of competent jurisdiction, such portion shall be deemed
to be a separate, distinct, and independent provision of said article,
and such holding shall not affect the validity of the remaining portions
of this article.