[Adopted 9-8-1986 by Ord.
No. 249]
The following words when used in this article shall have the
meanings ascribed to them in this section except where the context
clearly indicates or requires a different meaning:
LESSOR
Any person who grants a lease or rents real estate or otherwise
permits the use of real estate by him owned or controlled for a consideration,
monetary or otherwise, or who permits such real estate or a portion
thereof to be occupied, without consideration, by any person or persons.
OCCUPANT
Person or persons who have the use of real estate and are
responsible for the giving of any type of consideration therefor,
or who occupies any real estate with the consent of the owner or lawful
possessor thereof without being liable for the payment of any consideration,
monetary or otherwise, excluding those who are occupants for a period
of less than 30 days.
PERSON
Any natural person, partnership, association, cooperative
association, firm or corporation.
TOWNSHIP
The Township of Vanport, Beaver County, Pennsylvania.
All lessors, within 30 days after the effective date of this
article, or in the case of real estate thereafter acquired or thereafter
being made available for occupancy within 30 days after such acquisition
or making such real estate available for occupancy, as the case may
be, shall report the occupancy, acquisition or availability for occupancy
thereof to the Township Secretary upon forms to be provided by the
Township and shall also report on said forms the number of parcels
or units of real estate presently rented or available for occupancy,
together with a description by street address or some other meaningful
method of identifying said parcels or units and the name or names
of the occupant of each such parcel or unit occupied at the time of
the filing of the report.
Any change in the occupancy of such real estate or in the identity of the occupant from that shown in the report of the lessor filed as required in §
140-2 hereof shall be reported by the lessor to the Township Secretary within 10 days after such change. It is intended hereby that lessors shall report each new occupant or each occupant who occupies a unit or parcel of the lessor's real estate different from that shown on the report then on file in the office of the Township Secretary or who becomes the occupant of a unit or parcel of real estate after said unit or parcel became vacant or first becomes available for occupancy.
The Township Secretary shall prepare a report form entitled
"Status of Occupancy Report," which report form shall require the
information set forth above and such other pertinent information as
the Township Commissioners by resolution may direct. The failure to
have such report forms available, however, shall not excuse the obligation
of lessors to provide the information required herein to the Township
Secretary.
The police officers of the Township of Vanport are hereby directed
to aid and assist the Township Secretary in any necessary investigation
of the occupancy status of parcels or units of real estate in the
Township of Vanport occupied or made available for occupancy.
[Amended 12-12-1997 by Ord. No. 281]
Any lessor violating the provisions of this article or who furnishes
false information to the Township or who uses a false name or address
in any report required by this article shall, upon conviction, be
sentenced to pay a fine not exceeding $600, together with costs of
prosecution, or to undergo imprisonment for a term not to exceed 30
days.
[Adopted 7-12-2010 by Ord. No. 339]
As used in this article, the following terms shall have the
meanings indicated:
CODE
Any code or ordinance adopted, enacted, and/or in effect
in and for the Township of Vanport concerning fitness for habitation
or the construction, maintenance, operation, occupancy, use or appearance
of any premises or dwelling unit.
CODE ENFORCEMENT OFFICER
Person designated by Vanport Township to conduct inspections
required by this article and to enforce the requirements of this article.
COMMON AREAS
Areas not leased to a specific tenant, but upon which the
tenant is typically authorized to be present.
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 (time of day), offensive, riotous,
or that otherwise disturbs others of reasonable sensibility of their
peaceful enjoyment of their premises such that a report is made to
police complaining of such action, conduct, incident, or behavior.
It is not necessary that such action, conduct, incident, or behavior
constitute 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 and which shall be maintained
by the Code Enforcement Officer or designated representative.
DWELLING
A building and/or mobile home having one or more dwelling
units.
DWELLING UNIT
A room or group of rooms within a dwelling forming a single
unit and providing complete independent living facilities for one
or more persons, including permanent provisions for living, sleeping,
eating, cooking, and sanitation.
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 the Pennsylvania Crimes Code (18 Pa.C.S.A. § 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 in 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 service
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, 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
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.
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 it a manner that will not disturb the peaceful
enjoyment of adjacent or nearby dwellings by the persons occupying
same.
PERSON
A natural person, partnership, corporation, unincorporated
association, limited partnership, trust, or any other entity.
POLICE
The Police Department of the Township of Vanport or properly
authorized member or officer thereof or any other law enforcement
agency having jurisdiction within the Township of Vanport.
PREMISES
Any parcel of real property in the Township of Vanport, including
land and all buildings and appurtenant structures or appurtenant elements
on which one or more regulated rental units is located.
REGULATED RENTAL UNIT
Any dwelling unit that is rented, leased, let out, or otherwise
permitted to be occupied by a person(s) other than the owner. Vacant
dwelling units are classified as regulated rental units.
RENTAL AGREEMENT
A written agreement between owner/landlord and occupant/tenant
supplemented by the terms and conditions of this article.
RESIDENTIAL USE
The occupant shall not, unless otherwise permitted by applicable
law or ordinance, occupy or use his or her regulated rental unit for
any purpose other than as a residence.
ROOMING HOUSE
Any dwelling or that part of any dwelling containing one
or more rooming units, in which space is let by the owner or operator
to three or more persons who are not husband or wife, son or daughter,
mother or father or sister or brother of the owner or operator.
SINGLE-FAMILY DWELLING
A detached building containing one dwelling unit, designed
and intended to be occupied by one family for living purposes.
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 written lease or by the
laws of the Commonwealth of Pennsylvania (same as "occupant").
TOWNSHIP
Township of Vanport, Beaver County, Pennsylvania.
TWO-FAMILY DWELLING
A detached building containing two dwelling units, each entirely
separate from each other, designed and intended to be occupied for
living purposes.