A.
It is the purpose of this chapter and the policy of the Council of
the Borough of Blawnox, 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 certain
dwelling units in the Borough of Blawnox 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;
issuances and renewals of occupancy licenses; and sets penalties for
violation. This chapter shall be liberally constructed and applied
to promote its purposes and policies.
B.
In considering the adoption of this chapter, the Borough of Blawnox
makes the following findings:
(1)
There is a greater incidence of violations of various codes of the
Borough as to residential rental properties wherein the owners of
the properties or the appointed managers of the property do not live
in the Borough or in close proximity to the Borough;
(2)
There is a greater incidence of complaints and violations dealing
with the maintenance and upkeep of residential rental properties than
at owner-occupied properties; and
(3)
There is a greater incidence of disturbances which adversely affect
the peace and quiet of the neighborhood at residential rental properties
than at owner-occupied properties.
As used in this chapter, the following terms shall have the
meanings indicated:
The Borough of Blawnox, Allegheny County, Pennsylvania.
Any code or ordinance adopted, enacted, and/or in effect in and for the Borough of Blawnox concerning fitness for habitation or the construction, maintenance, operation, occupancy, use or appearance of any premises or dwelling unit. Included within, but not limited by, this definition are the following which are in effect as of the date of enactment of this chapter: Pennsylvania Uniform Construction Code, IPMC International Property Maintenance Code; National Electrical Code; Chapter 290, Floodplain Management; Chapter 466, Solid Waste; Chapter 550, Zoning; and any duly enacted amendment or supplement to any of the above and any new enactment falling within this definition.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
The duly appointed Code Enforcement Officer(s) or designee
having charge of the office of the Code Enforcement of the Borough
of Blawnox, and any assistants or deputies thereof, including any
duly appointed police officer of the Borough of Blawnox.
Areas not leased to a specific tenant but upon which a tenant
is typically authorized to be present upon.
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 other persons 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
constitutes 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 shall investigate and make a determination
that such did occur, and make a record of such occurrence.
A written report of disruptive conduct on a form to be prescribed
therefor, to be completed by the Code Enforcement Officer, as the
cause may be, who actually investigates an alleged incident of disruptive
conduct and which shall be maintained by the Code Enforcement Officer.
A building having one or more dwelling units.
A room or group of rooms within a dwelling and forming a
single unit and used for living and sleeping purposes, having its
own cooking facilities, and a bathroom with a toilet and a bathtub
or shower.
A person on the premises with the actual or implied consent
of an occupant.
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. § 101 et seq.)
or the Controlled Substance, Drug, Device and Cosmetic Act (35 P.S.
§ 780-101 et seq.) or the Liquor Code (47 P.S. § 1-101
et seq.).
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
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.)
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 chapter and under rental agreement with occupants.
A building containing two or more independent dwelling units,
including, but not limited to, double houses, row houses, townhouses,
condominiums, apartment houses and conversion apartments.
The license issued to the owner of regulated rental units
under this chapter, which is required for the lawful rental and occupancy
of regulated rental units. The fee for this license shall be set by
resolution of the Borough.
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.
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 the
regulated rental unit.
A dwelling unit in which the owner resides on a regular,
permanent basis.
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 in a manner that will not disturb the peaceful
enjoyment of adjacent or nearby dwellings by the persons occupying
same.
A natural person, partnership, corporation, unincorporated
association, limited partnership, trust, or any other entity.
The Police Department of the Borough of Blawnox or any properly
authorized member or officer thereof or any other law enforcement
agency having jurisdiction within the Borough of Blawnox.
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 regulated rental units is located.
A dwelling unit occupied by any person under a rental agreement.
A written agreement between owner/landlord and occupant/tenant
supplemented by the addendum embodying the terms and conditions concerning
the use and occupancy of a specified regulated rental unit or premises.
The occupant shall, unless otherwise permitted by applicable
law or ordinance, occupy or use his or her regulated rental unit for
no other purpose than as a residence.
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).
