[Ord. No. 5/28/2003B, § 102;
as amended by Ord. No. 3/10/2004A; and by Ord. No. 2011-004, 11/28/2011]
1.
General. It is the purpose of this Part and the policy of the Borough
of Wesleyville that all persons, firms or corporations owning, occupying
or in any other manner controlling any property in the Borough of
Wesleyville shall keep, repair and maintain said properties in order
to protect and promote the public health, safety, beauty and general
welfare of its citizens, to establish the rights and obligations of
owners and occupants relating to the rental of certain dwelling and
commercial unit in the Borough of Wesleyville and to maintain and
improve the quality of privately owned commercial and dwelling units
within the community. It is also the policy of the Borough of Wesleyville
that owners, managers and occupants share responsibilities to obey
the various codes, to protect and promote public health, safety and
welfare, adopted by the Borough of Wesleyville. As a means to those
ends, this Part provides for a system of inspections; issuance and
renewal of rental licenses and sets penalties for violations. This
Part shall be liberally construed and applied to promote its purposes
and policies.
2.
APPLICATION FOR RENTAL LICENSE
BASEMENT
BOROUGH
CODE
CODE ENFORCEMENT OFFICER
DWELLING
DWELLING, MULTIFAMILY
DWELLING, MULTIPLE
DWELLING, SINGLE-FAMILY DETACHED
EXTERMINATION
FAMILY
GARBAGE
GUEST
HABITABLE AREA
IMMEDIATE FAMILY
LANDLORD
LICENSE
OCCUPANT
OFF-STREET PARKING FOR PRIVATE DWELLINGS AND REGULATED RENTAL
UNITS
OWNER
OWNER-OCCUPIED DWELLING UNIT
PERSON
PREMISES
PROPERTY MAINTENANCE APPEALS BOARD
PUBLIC NUISANCE
RECYCLABLE MATERIALS
REGULATED RENTAL UNIT
RENTAL AGREEMENT
RESPONSIBLE LOCAL AGENT
TENANT
TENANT INFORMATION FORM
Definitions. The following words and terms shall, for the purposes
of this Part, have the meanings shown herein.
The form required to be executed by the owner/landlord, requiring
the information set forth thereon.
The Borough of Wesleyville.
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 dwelling units.
The duly appointed person having charge of the Office of
Building, Code Enforcement and Zoning of the Borough and any assistants,
deputies or other duly authorized representatives thereof.
The control and elimination of insects, rats or other pests
by eliminating their harborage places; by removing or making inaccessible
materials that serve as their food; by poison, spraying, fumigating,
trapping or by any other approved pest-elimination method.
Person on the premises with the actual or implied consent
of an occupant.
Father, mother, son, daughter, brother, sister, grandfather
and grandmother.
[Ord. No. 3/10/2004A]
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 private
dwelling or regulated rental unit (same as owner).
The license issued to the owner of a regulated rental unit
under this Part, which is required for the lawful rental of a regulated
rental unit.
An individual who resides in a private dwelling or regulated
rental unit, whether or not he or she is the owner thereof.
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 private
dwelling or regulated rental unit (same as "landlord").
Dwelling 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 private dwellings or regulated rental units are
located.
The Wesleyville Borough Council.
The physical condition or occupancy of any premises regarded
as a public nuisance at common law, or any physical condition or occupancy
of its appurtenances considered an attractive nuisance to children,
including, but not limited to, abandoned wells, basements, excavations
and unsafe fences or structures; or any premises that has unsanitary
sewerage or plumbing facilities; or any premises designated as unsafe
for human habitation or any premises that is manifestly unsafe or
unsecured so as to endanger life, limb or property; or any premises
from which the plumbing, heating or facilities required by this Code
have been removed, or from which utilities have been disconnected,
destroyed, removed, or rendered ineffective, or the required precautions
against trespassers have not been provided for; or any premises that
is unsanitary, or that is littered with rubbish or garbage, or that
has an uncontrolled growth of weeds; or any structure that is in a
state of dilapidation, deterioration or decay, faulty construction,
overcrowded, open, vacant or abandoned, damaged by fire to the extent
so as not to provide shelter, in danger of collapse or failure; and
dangerous to anyone on or near the premises.
A dwelling unit or rooming unit leased or rented to a person
or persons.
A written or oral agreement, also called a "lease," between
owner/landlord and occupant/tenant.
An adult individual designated by the owner of a regulated
rental unit. The responsible local agent shall be the agent of the
owner for service of due process and receiving notices or demands
and to perform the obligations of the owner under this Part and under
rental agreements with occupants.
An individual that 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 or oral lease
or by the laws of the Commonwealth of Pennsylvania (same as "occupant").
The summary of Borough ordinances required to be delivered
to tenant(s)/occupant(s) of each regulated rental unit.
[Ord. No. 5/28/2003B, § 601;
as amended by Ord. No. 2011-004,
11/28/2011]
1.
Duties, Regulations and Uses.
A.
Owner's Duties. It shall be the duty of every owner to keep
and maintain all regulated rental units and premises 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 safe condition. This section shall not be construed as diminishing
or relieving, in any way, the responsibility of the occupants or their
guest for their conduct or activity, nor shall this section be construed
so as to require the owner to indemnify or defend occupants or their
guests when any such action or proceeding is brought against the occupant
based on the occupant's conduct or activity. The owner shall
maintain the premises with regard to lawn mowing and snow and ice
removal, if applicable, and shall reply promptly to reasonable complaints
and inquiries from tenants.
B.
Tenant's Duties. The tenant shall comply with all obligations
imposed upon tenants by this Code and all applicable codes and ordinances
of the Borough and all applicable provision of state law, including,
but not limited to, grass and weed control and ice and snow removal,
as defined in this Code.
(1)
Health and Safety Regulations. The tenant shall dispose of, from his of her regulated rental unit, all rubbish, garbage, recycling and other waste in a clean and safe manner as defined in Chapter 20, Parts 1 and 2 of the Code of the Borough of Wesleyville.
(2)
Residential Use. The tenant shall occupy or use his or her regulated rental unit for no other purpose than as a residence in compliance with Chapter 27, § 27-802, including, but not limited to, the maximum permitted number of occupants as defined in Table 601(2)(B)(1).
|
Table 601(2)(B)(1)
| |||
|---|---|---|---|
|
Minimum Occupancy Area Requirements
| |||
|
Minimum Occupancy Area in Square Feet
| |||
|
Space
|
1-2 Occupants
|
3-5 Occupants
|
6 or More
|
|
Living room
|
100
|
120
|
150
|
|
Dining room
|
100
|
80
|
100
|
|
Kitchen
|
50
|
50
|
60
|
|
Bedrooms
|
1 occupant, 70 square feet; add 50 square feet for each occupant
over 1, exclusive of closet space
| ||
(4)
Inspection of Premises. The tenant shall permit inspections
by the Code Enforcement Officer of the premises at reasonable times
upon reasonable notice. The Code Enforcement Officer may inspect premises
with the owner's approval at any reasonable time.
(5)
Inspections by Code Enforcement Officer. Upon receiving notice
from the Code Enforcement Officer, the owner shall take action within
48 hours, or cause the necessary action to be taken, to abate the
offending condition and eliminate the violation.
[Ord. No. 5/28/2003B, § 701;
as amended by Ord. No. 3/10/2004B; and by Ord. No. 2011-004, 11/28/2011]
1.
License for Regulated Rental Unit.
A.
License Requirements.
(1)
As a prerequisite to entering into a rental agreement or permitting
the tenancy of any regulated rental unit, the owner of every such
regulated rental unit shall be required to apply for and obtain a
license for each regulated rental unit. The application for the license
shall be made in such form and manner, and in accordance with such
instructions, as may be determined by the Code Enforcement Officer,
shall be signed by the owner and shall include the following information:
(a)
The names and addresses of the owner and responsible local agent,
if applicable.
(b)
The address(es) and unit/room/apartment number(s) of the regulated
rental unit(s).
(c)
A list of the names of all adult tenants or heads of family
in each unit.
(d)
The actual number of tenants and the maximum number of tenants
permitted per unit.
(e)
The number of smoke detectors per unit.
(f)
Fire extinguisher availability.
(g)
His/her signature attesting to the owner's compliance with
the specified Borough ordinances including that the tenants have received
the tenant information form.
(2)
Exception.
(a)
A residence that is not owner-occupied, but occupied by the owner's immediate family, as defined by § 13-601 of this Part, and has no more than one nonimmediate family member sharing the same occupancy and not receiving compensation for said residence. The owner shall provide a notarized statement of lack of compensation and proof of familial relationship; or
(b)
A residence that is owner-occupied and not more than two nonimmediate family members share said residence, in addition to the owner's immediate family, as defined in § 13-601 of this Part; or
(c)
Hotels and motels, hospitals and nursing homes, and bed-and-breakfast
facilities shall not require licenses and therefore shall not be subject
to the provisions of this Part.
B.
Tenant Information Form. This brief summary of ordinances that apply
(or may apply) to the tenants of regulated rental units shall be provided
by the Borough Code Enforcement Office to the owners, who shall check
any additional sections which apply to that unit and give them to
the tenants of each unit with appropriate explanations.
C.
Prohibited Provisions. Except as otherwise provided by this Part,
no rental agreement may provide that the tenant or owner agrees to
waive or to forego rights or remedies under this Part. A provision
prohibited by this subsection which is included in a rental agreement
is unenforceable.
D.
Issuance of License, Annual Term and Late Fee. Upon the receipt of a fully completed application, including the list of tenants' names and the payment of the appropriate license fee, as defined in Chapter 11, Housing, § 11-107, of the Code of the Borough of Wesleyville, and provided the owner is not in any violation of this Part of any other ordinance or code of the Borough, the Code Enforcement Officer shall issue a license for the property. Each license shall have an annual term running from June 15 through June 14 of the next year. There shall be no prorating of yearly fees for any reason whatsoever. Applications received after a due date will be subject to a $10 per unit late fee. Thereafter, Wesleyville Borough Council shall at its regular June meeting adopt, by resolution, a comprehensive fee schedule establishing the amount of each fee, to be effective from January 1 through December 31 of the following year.
E.
Grounds for Nonrenewal of a License. For violating any provision
of this Code and/or failing to regulate the breach of duties by tenants
as provided herein, the Code Enforcement Officer may institute an
action and impose penalties against any owner by means of a formal
violation notice and/or by nonrenewal of an owner's license.
The Borough may permit the owner to maintain occupants in the premises
until the end of the licensed term based on the recommendation of
the Code Enforcement Officer. The Code Enforcement Officer will accept
applications for renewal of a license, but will not approve or disapprove
the same until all prior violations of this Code have been corrected.
Further grounds for nonrenewal are failure to abate a violation of
the various codes and ordinances within the time directed by the Code
Enforcement Officer, refusal to permit the inspection of the premises
by the Code Enforcement Officer, failure to take steps to remedy violations
of this Part by owners and/or occupants of regulated rental units,
and failure to file a completed application for a regulated rental
unit.
F.
Failure to File an Application for Regulated Rental License. In the event that a landlord fails to file a completed application for a regulated rental license as required by Chapter 11, § 11-107, of the Code of Wesleyville hereof, the Code Enforcement Officer shall provide written notice to the owner to file an application for a regulated rental license within 10 calendar days of the date of the notice, or license renewal may be denied after expiration of the current license and/or file charges against the owner as provided herein.
G.
Grounds for Violations and Penalties. It shall be unlawful for any
person, as either owner or responsible local agent of a regulated
rental unit for which a license is required, to operate without a
valid, current license issued by the Borough, authorizing such operation.
It shall also be unlawful for any person, either owner or responsible
local agent, to allow the number of occupants of a regulated rental
unit to exceed the maximum limit licensed by this Code or to violate
any other provision of this Code.
H.
Nonexclusive Remedies. Any person who is found guilty of violating
any of the provisions of this Part shall, upon conviction thereof,
be sentenced to pay a fine or not less than $100 but not more than
$600, and all costs of prosecution for each and every offense; provided,
however, each day's violation of any of the provisions of this
Part and the license nonrenewal procedures provided in this Part shall
be independent, nonmutually exclusive, separate remedies, all of which
shall be available to the Borough as may be deemed appropriate for
carrying out the purposes of this Part. The remedies and procedures
provided in this Part for violation hereof are not intended to supplant
or replace, to any degree, the remedies and procedures available to
the Borough in the case of a violation of any other code or ordinance
of the Borough, whether or not such other code or ordinance is referenced
in this Part and whether or not an ongoing violation of such other
code or ordinance is cited as underlying ground for a finding of a
violation of this Part.
