This chapter shall be known as the Borough of Danville "Residential
Rental Registration Ordinance."
It is the purpose of this chapter and the policy of the Council
of the Borough of Danville, 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 residential
rental units in the Borough of Danville 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 a means
to those ends, this chapter provides for a system of inspections,
issuance and renewal of rental occupancy licenses and sets penalties
for violations. This chapter shall be liberally construed and applied
to promote its purposes and policies.
As used in this chapter, the following terms shall have the
meanings indicated:
CODE
Any code or ordinance adopted, enacted and/or in effect in
and for the Borough of Danville 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") the International Property Maintenance Code,
International Plumbing Code, International Fire Prevention Code, International
Electrical Code, Zoning Ordinance, the International Building Code
and any duly enacted amendment or supplement to any of the above and
any new enactment falling within this definition.
CODE ENFORCEMENT OFFICER
The duly appointed Code Enforcement Officer(s) having charge
of the Office of Code Enforcement of the Borough of Danville and any
assistants or agents.
COMMON AREA
Any area within a structure shared by occupants of separate
residential rental units that the occupants of such separate units
have the right in common to use or share, including, but not limited
to, kitchens, bathrooms, attics, basements, social rooms, hallways,
yards, porches, and entrance ways.
DISORDERLY CONDUCT
Shall be defined under this chapter as:
A.
Engaging in fighting, threatening or other violent or tumultuous
behavior.
B.
Making unreasonable noise.
C.
Using obscene language or obscene gestures.
D.
Creating a hazardous or physically offensive condition by any
act which serves no legitimate purpose of the actor.
E.
Any activities declared illegal under the Pennsylvania Crimes
Code (18 Pa.C.S.A. § 101 et seq.) or Liquor Code (47 P.S.
§ 1-101 et seq.), or the Controlled Substance, Drug, Device
and Cosmetic Act (35 P.S. § 780-101 et seq.).
F.
Any form of conduct, action, incident or behavior perpetrated,
caused or permitted by any occupant or visitor of a residential rental
unit that disturbs other persons of reasonable sensibility in their
peaceful enjoyment of their premises such that a report is made to
the police. It is not necessary that such conduct, action, 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 disorderly conduct, as defined
herein; provided, however, that no disorderly conduct shall be deemed
to have occurred unless the police investigate and make a determination
that such did occur, and keep written records, including a disorderly
conduct report, of such occurrence.
GUEST
A person on the premises with the actual or implied consent
of an occupant.
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 the present use and enjoyment
of the premises, including a mortgage holder in possession of the
residential rental unit (same as "owner").
MANAGER
An adult individual designated by the owner of a residential
rental unit.
OCCUPANT
Any individual living or sleeping in a building, or having
possession of a space within a building.
OWNER
Any person, agent, operator, firm or corporation having a
legal or equitable interest in the property; or recorded in the official
records of the state, county or municipality 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 the estate of such person if ordered to take possession of real
property by a court.
PERSON(S)
Any individual, partnership, company, association, society,
trust, corporation or other group or entity, whether an owner or lessee
of residences or commercial or institutional establishments.
POLICE
The Police Department of the Borough of Danville or any properly
authorized member or officer thereof or any other law enforcement
agency having jurisdiction within the Borough of Danville.
PREMISES
The area occupied by a rental unit, business or other enterprise.
When more than one rental unit, business or enterprise occupies a
single building on the ground floor, each business area shall be considered
a separate premises. Rental units, businesses or other enterprises
which occupy other floors shall be considered separate premises.
RENTAL AGREEMENT
A written agreement between owner/landlord and occupant/tenant supplemented by the addendum required under §
141-4E, embodying the terms and conditions concerning the use and occupancy of a specified residential rental unit or premises.
RENTAL OCCUPANCY LICENSE
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.
RENTER
Occupant or tenant who is listed on the rental agreement.
RESIDENTIAL RENTAL UNIT
Any residential structure within the Borough of Danville
which is occupied by someone other than the owner of the real estate
as determined by the most current deed and for which the owner of
the said parcel of real estate received any value, including but not
limited to money or the exchange of services. Each apartment within
a building is a separate structure requiring inspection and a license.
STRUCTURE
Anything constructed or erected on the ground or attached
to the ground, including but not limited to buildings, sheds, mobile
homes and other similar items.
TENANT
An individual who resides in a 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 rental agreement and/or a lease
or by the laws of the Commonwealth of Pennsylvania (same as "occupant").