[HISTORY: Adopted by the Borough Council of the Borough of
Oakdale 2-2-2012 by Ord. No. 2012-1. Amendments noted where applicable.]
This chapter shall be known as the Borough of Oakdale, Allegheny
County, Pennsylvania, "Residential Rental Property Ordinance."
As used in this chapter, the following terms shall have the
meanings indicated:
The Borough of Oakdale, Allegheny County, Pennsylvania.
The duly appointed Code Enforcement Officer(s) having charge
of the office of Code Enforcement of the Borough and any assistants
or agents.
Any code or ordinance adopted, enacted and/or in effect in and for the Borough concerning fitness for habitation or the construction, maintenance, operation, occupancy, use or appearance of any premises or residential rental unit. Included within, but not limited by, this definition are the following which are in effect as of the date of the enactment of this chapter: the Uniform Construction Code (hereinafter "UCC") (Chapter 130), the International Property Maintenance Code (Chapter 250, Article II), International Plumbing Code, International Fire Prevention Code, International Electrical Code, Chapter 168, Floodplain Management, the International Building Code and any duly enacted amendment or supplement to any of the above and any new enactment falling within this definition.
Any open area within a structure shared by occupants or that
the occupants have the right to share, including, but not limited
to, kitchens, bathrooms, living rooms, dining rooms, attics, basements
and any room used for parties, social events or the congregation of
people, excepting bedrooms.
An act by an occupant of a residential rental unit or by
a person present at a residential rental unit or by a person present
at a residential rental unit including, but not limited to, public
drunkenness, consumption of an alcoholic beverage in public, public
urination or defecation, the unlawful deposit of trash or litter on
public or private property, damage to or destruction of public or
private property, the obstruction of public roads, streets, highways
or sidewalks, interference with emergency or police services, use
of profane or obscene language or gestures, indecent exposure, fighting
or quarreling, or any other act defined as "disorderly conduct" in
the Pennsylvania Crimes Code or any act prohibited in other relevant
chapters of the Borough Code of Ordinances, or which otherwise injures
or endangers the health, safety, welfare of the residents of the Borough
residing in the neighborhood or vicinity of the gathering. It is not
necessary that such conduct, action, incident or behavior constitute
a criminal offense nor that criminal charges to be filed against any
person in order for said 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 a police officer shall investigate and make a determination
that such did occur, and keep written records, including a disruptive
conduct report, of such occurrences. The occupant and the owner/manager
shall be notified of any such occurrences, in writing.
[Added 5-5-2022 by Ord.
No. 2022-1]
A written report of disruptive conduct to be completed by
a police officer who investigates an alleged incident of disruptive
conduct, and which shall be maintained by the Code Official.
[Added 5-5-2022 by Ord.
No. 2022-1]
One or more rooms used for living and sleeping purposes and
having a kitchen with fixed cooking facilities arranged for occupancy
by one family.
The outside facade of a building, including, but not limited
to, any porch, yard, lawn, landscaping, sidewalks, setbacks, curbs,
and all open area contiguous to a building owned by the same person
or persons or part of the same real estate parcel.
An individual, or an individual with children, or a couple
and their children, or a group of no more than three unrelated persons
living together in a dwelling unit.
One or more persons, jointly or severally, in whom is vested
all or part of the legal title to the premises 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 residential rental
unit (same as "owner").
An adult individual designated by the owner of a residential
rental unit who shall be the agent of the owner for service of process
and receiving of notices and demands for the owner under this chapter.
A person retained by an owner to be responsible for one or
more residential rental units within the Borough.
[Added 5-5-2022 by Ord.
No. 2022-1]
An individual who resides in a rental unit, whether or not
he or she is the owner thereof or whether or not a legal relationship
with the owner/landlord is established by a lease or by the laws of
the Commonwealth of Pennsylvania (same as "tenant").
[Amended 5-5-2022 by Ord.
No. 2022-1]
Any person, agent, operator, firm, corporation, partnership,
association, property management group, or fiduciary having legal,
equitable or other interest in any real property; or recorded in the
official records of the state, county or Borough as holding title
to the property; or otherwise having control of the property, including
the guardian of the estate of any such person and the executor or
administrator of such person's estate. When used in this chapter in
a clause proscribing any activity or imposing a penalty, the term,
as applied to partnerships and associations, shall mean each partner,
and as applied to corporations, the officers thereof.
A rental 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.
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 is located.
A residential rental unit which has met the inspection requirements
of this chapter and for which the annual fee has been paid.
The license issued to the owner of residential rental units
under this chapter which is required for the lawful rental and occupancy
of residential rental units.
Any structure within the Borough that is occupied by someone
other than the owner of the real estate as determined by the most
current deed for the property. Each apartment within a building is
a separate dwelling unit requiring inspection and a license.
Includes each and every bedroom within a structure such as
a boarding house, a fraternity, a sorority, a motel, a hotel, a hospital,
a nursing home, a dormitory, a tourist house, seasonal labor housing,
or other similar buildings.
Any human-made object, the use of which requires an ascertainable
stationary location on land, whether or not it is affixed to the land.
Each apartment within a building is a separate structure.
An individual who resides in a rental unit, whether or not
he or she is the owner thereof or whether or not a legal relationship
with the owner/landlord is established by a lease or by the laws of
the Commonwealth of Pennsylvania (same as "occupant").
[Amended 5-5-2022 by Ord.
No. 2022-1]
A.
It is the
purpose of this chapter and the policy of the Borough, in order to
protect and promote the public health, safety and welfare of its citizens,
to establish rights and obligations of owners relating to the rental
of certain residential rental units in the Borough and to encourage
owners to maintain and improve the quality of rental housing within
the community. It is also the policy of the Borough that owners of
residential rental properties are responsible to obey the various
codes adopted to protect and promote public health, safety and welfare.
B.
In addition, this chapter provides the Borough Police Department
with another tool to handle complaints between neighbors when there
is disruptive conduct involved. As a means to these ends, this chapter
provides for a system to regulate disruptive behavior in residential
rental units, and penalties. In considering the adoption of this chapter,
the Borough makes the following findings
[Added 5-5-2022 by Ord.
No. 2022-1]
(1)
There is a concern in the Borough with the failure of some property
owners to properly maintain residential rental units.
(2)
Borough records indicate there is a greater incidence of problems
with the maintenance and upkeep of residential properties which are
not owner-occupied as compared to those that are owner-occupied.
(3)
Borough records indicate there are a growing number of disturbances
at residential rental units.
(4)
Borough records indicate that violations of the Borough's ordinances
are generally less severe at owner-occupied units as compared to residential
rental units.
In the event any provision of this chapter is inconsistent with
the provisions of any other code in effect in the Borough, the ordinance
provision applying the more strict standard shall apply.
[Amended 5-5-2022 by Ord. No. 2022-1]
A.
It shall be the duty of every owner to:
(1)
Keep and maintain all residential rental units in compliance with
all applicable codes, ordinances, and provisions of all applicable
state laws and regulations and local ordinances and to keep such property
in good and safe condition.
(2)
Regularly performing all maintenance, including lawn mowing and ice
and snow removal, and for making any and all repairs in and around
the premises.
(3)
Regulating the proper and lawful use and maintenance of every dwelling
which he, she or it owns.
(4)
Be aware of and to act to eliminate disruptive conduct in all residential
rental units.
(5)
Employ policies to and actual manage the residential rental units under his/her control in compliance with the provisions of this Chapter 258, Borough ordinances and applicable federal, state and local laws and regulations.
(6)
Pay or ensure payment of all real estate taxes, sewer rates, and
trash collection fees to ensure that such vital utilities are provided.
(8)
Take all actions necessary to ensure that each residential rental
unit is occupied by only one family and that the names of all family
members living in the residential rental unit are provided to the
Borough.
[Amended 10-5-2023 by Ord. No. 2023-4]
(9)
Require a written rental agreement for each residential rental unit
which shall include the names of all permitted occupants.
A.
Every owner of a residential rental unit must register the unit,
on a registration application form issued by the Borough, with the
Code Enforcement Officer and Borough office in accordance with the
following schedule:
[Amended 10-5-2023 by Ord. No. 2023-4]
(1)
All owners of residential units must register the units with the
Code Enforcement Officer within 30 days after the effective date of
this chapter.
(2)
The registration and licensing of all rental residential properties
and the designation of a local agent shall occur on or before February
1 of each year.
(3)
Any individual, entity or firm which converts any structure to a
residential rental unit or units shall register the residential rental
unit or units with the Code Enforcement Officer of the Borough within
30 days of the completion of the conversion of the unit or units or
within 30 days of the date within which a tenant or tenants occupies
the unit or units, whichever time period is sooner.
(4)
In the event of a transfer of ownership, legal or equitable, of a
property covered by this chapter, the registration and license shall
become invalid. It shall be the responsibility of both the transferring
owner(s) and the new owner(s) to notify the Borough of said transfer
not more than five days from the date of said transfer of ownership.
If the property continues as a rental unit following the transfer,
the new owner(s) shall register and license the property within 10
days of the date of transfer of ownership, either legal or equitable.
In the event that notification is not given within the times set forth
above, any rental occupancy license previously issued shall become
void and the new owner(s) shall be subject to the requirement for
inspections as set forth in this chapter.
(5)
The owner of a residential rental unit must update the registration
information on record with the Code Enforcement Officer within 10
days of any changes of the information set forth below.
(6)
Registration information shall be provided by all owners and shall
include the following:
(a)
The names, addresses, and telephone numbers of all the owner(s)
of the rental unit.
(b)
The name of the local agent. If the local agent is a business,
both the name of the business and the name of the designated individual
responsible for the rental unit shall be provided.
(c)
The property address and number of units.
(d)
The type of rental unit.
(e)
The number of dwelling units in each rental unit.
(f)
Maximum occupancy per unit.
(g)
Actual number of occupants, including family occupants, at all
times. This does not include guests who are occupying the property
for one week or less.
(h)
Names and addresses of current adult tenants, including family
members, and the number of minor children residing in the dwelling
unit at all times.
(7)
Any owner of a residential rental unit shall notify the Borough within
10 days of a new tenant occupying, renting or residing in the owner's
residential rental unit.
(8)
Notwithstanding any other provisions of this chapter, the names and
addresses of a tenant shall not be disclosed by any Borough personnel
in the event that the tenant is the subject of a court order requiring
that this information be kept confidential.
Every owner who is not a full-time resident of the Borough,
and/or who does not live within 20 miles of the boundaries of the
Borough, shall designate a local agent who shall reside in an area
that is within 20 miles of the boundaries of the Borough. If the owner
is a corporation, a local agent 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 local agent. If the
owner is a partnership, a local agent shall be required if a partner
does not reside within the above-referenced area. Said partner shall
perform the same function as a local agent. The local agent 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 chapter. The identity, address and telephone
number(s) of a person who is designated as local agent hereunder shall
be provided by the owner to the Borough, and such information shall
be kept current and updated as it changes.
[Amended 5-5-2022 by Ord. No. 2022-1]
The owner of a residential rental unit who has been cited or
who is aggrieved by a decision of the Code Enforcement Officer or
other Borough designee may, within 30 days of the date of receipt
of the notice of violation or the time fixed for repairs, whichever
is shorter, appeal the decision in accordance with applicable provisions
of this chapter. An appeal from any decision of the Code Enforcement
Officer regarding the issuance of any disruptive conduct report may
be taken to Borough Council. Such appeal shall be made in writing
within 10 working days after such decision has been made or disruptive
conduct report issued. The appeal shall be verified by an affidavit,
shall state the grounds therefor and shall be filed with the Borough
Secretary. The appeal shall be accompanied by the appeal fee which
shall be established by ordinance or resolution of Borough Council.
The appellant or his representative shall have the right to appear
and be heard, if such right is requested in the written appeal. Borough
Council shall make a prompt decision on such appeal. Borough Council
shall render a written decision, copies of which shall be provided
to the Code Official and the appellant.
A.
In deciding on an appeal from a decision of the Code Official, Borough
Council may vary or modify any provision of this Code where there
are practical difficulties in the way of executing the strict letter
of the law so that the spirit of the law shall be observed, public
safety secured, and substantial justice done. Such variation or modification
shall be the minimum necessary in order to grant relief.
Nothing in this chapter shall preclude or prohibit the Code
Enforcement Officer or other Borough designee from identifying any
code violations or inspecting any property according to the terms
of any of the referenced codes at any time, whether or not the particular
premises is scheduled for periodic inspection under the terms of this
chapter.
A.
The failure of any owner to effect corrections as provided in this
chapter shall be considered a violation of this chapter, and the procedures
and penalties prescribed therein shall be applicable.
B.
Any person, firm, or corporation who shall violate any provision
of this chapter, upon conviction thereof, shall be sentenced to a
fine of not more than $1,000, plus costs, and, in default of payment
of said fine and costs, to a term of imprisonment not to exceed 30
days. Each day that a violation of this chapter continues or each
section of this chapter which shall be found to have been violated
shall constitute a separate offense. The Borough may enforce this
chapter in equity or through injunctive relief in addition to or in
lieu of action before the Magisterial District Judge.
C.
In the instance of repeated violations of this chapter, whether for
the same or similar offenses or for various offenses, the Borough
may, upon the owner being found to have committed the violations in
an action before a Magisterial District Judge, revoke the occupancy
license, in addition to any other remedies provided in this chapter.
Said revocation shall be effective for a period of up to one year,
at which time a new application for registration may be submitted
and shall be reviewed in accordance with the provisions of this chapter.
Three license revocations attributed to an owner shall result in a
permanent revocation.
[Added 5-5-2022 by Ord.
No. 2022-1]
A.
Police officers shall investigate alleged incidents of disruptive
conduct. The police officer conducting the investigation shall complete
a disruptive conduct report upon a finding that the reported incident
constitutes disruptive conduct. The information filed in the disruptive
conduct report shall include, if possible, the identity of the alleged
perpetrators of the disruptive conduct and the factual basis for the
disruptive conduct described in the disruptive conduct report. A copy
of the disruptive conduct report with an incident report attached
will be provided through the mail to the owner, manager, Borough,
and tenant/occupant within 10 days of the occurrence of the alleged
disruptive conduct.
C.
After three documented disruptive conduct incidents by an occupant
in any twelve-month period, the owner/manager shall have 14 working
days to resolve the problem or begin the eviction proceedings against
the occupant(s) under the Pennsylvania Landlord and Tenant Act of
1951. The owner/manager must submit a copy of the document to the
Code Official commencing the eviction proceedings against the occupant(s)
of a residential rental unit. Failure to take such action will result
in the immediate revocation of the rental License issued by the Borough.
The residential rental unit involved shall not have its rental License
reinstated until the disruptive occupants have been evicted, the Magisterial
District Judge has ruled in the occupant's favor, the Magisterial
District Judge has ruled in the owner's favor but has not ordered
the eviction of the occupant(s), or the occupant(s) have filed an
appeal to a higher court or declared bankruptcy, thereby preventing
their eviction. The disruptive occupant(s), upon eviction, shall not
re-occupy any residential rental unit on the same premises involved
for a period of at least one year from the date of eviction. This
paragraph is not intended to limit or inhibit the owner, and if applicable,
the manager's rights to initiate eviction actions prior to the issuance
of a third disruptive conduct report in a twelve-month period.
D.
The disruptive conduct report shall count against all occupants of
the residential rental unit.
[Added 5-5-2022 by Ord.
No. 2022-1]
Each occupant of a residential rental unit shall have the following
duties:
A.
Comply with all obligations of this Chapter 258 and all applicable codes and Borough ordinances, as well as all applicable federal, state and local laws and regulations.
B.
Conduct himself/herself and require other persons, including, but
not limited to, guests on the premises and within their residential
rental unit with their consent to conduct themselves in a manner that
will not disturb the peaceful enjoyment of adjacent or nearby dwellings
by people occupying the same.
C.
Not engage in, nor tolerate, nor permit others on the premises to cause damage to the residential rental unit or engage in disruptive conduct, or other violations of this Chapter 258, codes, or applicable federal, state or local laws and regulations.
D.
Use the trash and recyclable collection services provided by the
owner.
E.
Use the residential rental unit for no purpose other than as a residence.
F.
Maintain the residential rental unit in a manner meeting all requirements for occupants of structures set forth in Chapter 250, Property Maintenance.
G.
Allow the Code Official to inspect the residential rental unit in accordance with this Chapter 258 at reasonable times.
H.
Not allow persons other than those identified on the lease to reside
in the residential rental unit. Not allow the residential rental unit
to be occupied by more than one family.
I.
Not permit the possession of, serving to or consumption of alcohol
by underage persons.
J.
Inform the owner of all those individuals living within the property
at all times. If there are any changes in occupants, the occupant
must inform the owner as soon as possible.
[Added 10-5-2023 by Ord. No. 2023-4]
