1.
It is the purpose
of this Part and the policy of the Council of the Borough of Homestead,
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 Homestead 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 means to those ends,
this Part provides for a system of inspections, issuance and renewal
of occupancy license, and sets penalties for violations.
2.
This Part shall
be liberally construed and applied to promote its purposes and policies.
3.
In considering
the adoption of this Part, the Borough of Homestead makes the following
findings:
A.
There is a greater
incidence of violations of various codes of the Borough at residential
properties where owners of rental property do not reside on the property
than at owner-occupied residential properties or family-occupied residential
rental properties.
B.
There is a greater
incidence of problems with the maintenance and upkeep of residential
properties where owners do not reside on the property than at owner-occupied
residential properties or family-occupied residential rental properties.
C.
There is a greater
incidence of disturbances which adversely affect the peace and quiet
of the neighborhood at residential properties where owners do not
reside on the property than at owner-occupied residential properties
or family-occupied residential rental properties.
D.
There is a high rate of turnover
of occupants of regulated rental units, and the high rate of turnover
both results from and contributes to the problems described in the
preceding subsections.
[Added 8-13-2009 by Ord.
No. 1203]
As used in this Part, the following terms shall
have the meanings indicated:
The Borough of Homestead, Allegheny County, Pennsylvania.
Any ordinance, rule, regulation, statute or law adopted,
enacted and/or in effect in or for the Borough concerning fitness
for habitation, safety, construction, maintenance, operation, occupancy,
use or appearance of any premise or dwelling unit, including, without
limitation, this Part.
[Amended 8-13-2009 by Ord. No. 1203]
The duly appointed person having charge of the enforcement
of the Code of the Borough of Homestead, and any assistants or deputies
thereof. In appropriate circumstances this is intended to include
police.
In multiple-unit dwellings, space which is not part of a
regulated rental unit and which is shared with other occupants of
the dwelling whether they reside in regulated dwelling units or not.
Common areas shall be considered as part of the premises for purposes
of this Part.
Any form of conduct, action, incident or behavior perpetrated,
caused or permitted by any occupant of or guest in a regulated dwelling
unit that is so loud, untimely (as to hour of the day), offensive
or riotous, or that otherwise disturbs other persons of reasonable
sensibility in their peaceful enjoyment of their premises such that
a report is made to the police and/or to the Code Enforcement Officer
complaining of such conduct, action, incident, or behavior. It is
not necessary that such conduct, action, incident or behavior constitutes
a criminal offense or 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 Code Enforcement Officer or police shall have investigated and
made a determination that such did occur and made and kept a disruptive
conduct report of such occurrence.
[Amended 8-13-2009 by Ord. No. 1203]
A written report of disruptive conduct on a form to be prescribed
therefor, to be completed by the Code Enforcement Officer or police,
as the case 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.
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 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 under Article B, § 11-304. 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 Part and under rental agreements with occupants.
A building containing two or more independent dwelling units,
including but not limited to double houses, rowhouses, townhouses,
condominiums, apartment houses, and conversion apartments.
The license issued to the owner of regulated rental units
under this Part, which is required for the lawful rental and occupancy
of regulated rental units.
An individual who resides in a regulated rental unit, whether
or not he or she is the owner thereof, with whom a legal relationship
of landlord/tenant, lessor/lessee or licenser/licensee with the owner/landlord
is established by a written lease or by the laws of the Commonwealth
of Pennsylvania.
Possessing all or part of legal or beneficial title to a
premises.
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 of the premises, including a mortgage holder
in possession of a regulated rental unit.
A 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.
The Borough Police Department and any properly authorized
member or officer thereof, and any other law enforcement agency and
any properly authorized member or officer thereof having jurisdiction
within the Borough of Homestead.
[Amended 8-13-2009 by Ord. No. 1203]
Any parcel of real property in the Borough, including the
land, all buildings, all apartment structures and all appurtenant
elements, upon which one or more regulated rental units is located.
The term includes the regulated rental units located on the premises.
[Amended 8-13-2009 by Ord. No. 1203]
A dwelling unit occupied by any person under a rental agreement.
An individual who resides in a regulated rental unit, whether
or not he or she is the owner thereof, with whom a legal relationship
of landlord/tenant, lessor/lessee or licenser/licensee with the owner/landlord
is established by a written or oral lease or by the laws of the Commonwealth
of Pennsylvania. (Same as "occupant.")
[1]
Editor's Note: Said Addendum is on file in
the office of the Borough of Secretary.
