[Ord. No. 843, 10/1/2018]
The provisions of this Part are enacted to prohibit disruptive
conduct by occupants and visitors of regulated rental properties in
the Borough, so as to prevent injury to persons within such units
as well as members of the public at large, and to maintain and improve
the quality of housing within the community. Therefore, it is the
intent of this Part to ensure that disruptive conduct in residential
rental properties does not become a threat to the public health, safety
and welfare.
[Ord. No. 843, 10/1/2018]
For the purpose of this Part, the following terms shall have
the meanings set forth in this section. When not inconsistent with
the context, words used in the present tense include the future and
the past, words in the plural number include the singular, and words
in the singular number include the plural.
Any form of conduct, action, incident or behavior perpetrated,
caused or permitted by any occupant or visitor of a regulated rental
property that is so loud, offensive, riotous or that otherwise disturbs
other persons of ordinary sensibility in their peaceful enjoyment
of their premises such that a report is made to the Police Department
complaining of such conduct, action, incident or behavior. It is not
necessary that such conduct, action incident or behavior constitute
a criminal offense, nor that criminal charges be filed against any
person, occupant or visitor in order for a person, occupant or visitor
to have perpetrated, caused or permitted the commission of the disruptive
conduct, as defined herein; provided, however, that no disruptive
conduct shall be deemed to have occurred unless the Police Department
shall have investigated and made a determination that such did occur,
and keep written record, including a disruptive conduct report or
police report, of such occurrence. A copy of such report shall be
submitted to the Executive Administrator of the Borough. A copy of
the report shall also be forwarded to the owner of the residential
rental property within 10 days of the Executive Administrator receiving
the report from the Police Department.
A written report providing notice of disruptive conduct,
including, but not limited to, police reports, which is prepared by
the Police Department.
A person in a residential rental property with the actual
or implied consent of the owner or occupant.
[Ord. No. 843, 10/1/2018]
Disruptive conduct is prohibited in the Borough. An owner shall
be responsible for any disruptive conduct occurring in or on his regulated
rental property, and shall be subject to all penalties in this Part
relating to such occurrences of disruptive conduct. It shall be the
duty of the owner to prevent disruptive conduct from occurring, and
to advise all occupants of his/her regulated rental property that
disruptive conduct is prohibited. Upon receipt of a disruptive conduct
report, it shall be the duty of the owner to immediately contact all
occupants referenced or cited in the report to inform them of its
receipt by owner and that disruptive conduct is prohibited.
[Ord. No. 843, 10/1/2018]
1.
Any person, firm, or corporation who or which violates the provisions
of this Part shall be subject to the following penalties:
