1. 
It shall be the duty of every owner to keep and maintain all regulated rental units in compliance with all applicable codes and provisions of all other applicable state laws and regulations and county ordinances, and to keep such property in good and safe condition.
2. 
As provided for in this Part, every owner shall be responsible for regulating the proper and lawful use and maintenance of every dwelling which he, she or it owns. As provided for in this Part, every owner shall also be responsible for regulating the conduct and activities of the occupants of every regulated rental unit which he, she or it owns in the Borough, which conduct or activity takes place at such regulated rental unit or its premises.
3. 
In order to achieve those ends, every owner of a regular rental unit shall regulate the conduct and activity of the occupants thereof, both contractually and through enforcement, as more fully set forth below.
4. 
This section shall not be construed as diminishing or relieving, in any way, the responsibility of occupants or their guests for their conduct or activity, nor shall it be construed as an assignment, transfer, or projection over or onto any owner of any responsibility or liability which occupants or their guests may have as a result of their conduct or activity under any private cause of action, civil or criminal enforcement proceeding, or criminal law, nor shall this section be construed so as to require an owner to indemnify or defend occupants of their guests when any such action or proceeding is brought against the occupant based upon the occupant's conduct or activity. Nothing herein is intended to impose any additional civil/criminal liability upon owners other than that which is imposed by existing law and this Part.
5. 
This Part is not intended, nor shall its effect be, to limit any other enforcement remedies which may be available to the Borough against an owner, occupant, or guest thereof.
1. 
Every owner who is not a full-time resident of the Borough of Homestead, or a resident elsewhere within 15 miles from Homestead, shall designate a manager who shall reside within 15 miles of the Borough of Homestead.
2. 
If the owner is a corporation, a manager shall be required if no officer of the corporation resides within the aforesaid distance. If an officer of the corporation does reside within the aforesaid distance, the corporation shall designate the officer to perform the same function as a manager.
[Amended 8-13-2009 by Ord. No. 1203]
3. 
If the owner is a partnership, a manager shall be required if no partner resides within the aforesaid distance. If a partner does reside within the aforesaid distance, the partnership shall designate the partner to perform the same function as a manager.
[Amended 8-13-2009 by Ord. No. 1203]
4. 
The manager shall be the agent of the owner for service of process and receiving notices and demands, as well as for performing the obligations of the owner under this Part and under rental agreements with occupants. The identity, address and telephone number(s) of a person who is designated as manager hereunder shall be provided by owner or manager to the Borough, and such information shall be kept current and updated as it changes.
The owner or manager shall disclose to the occupant in writing on or before the commencement of the tenancy:
1. 
The name, address and telephone number of the manager, if applicable; and
2. 
The name, address and telephone number of the owner of the premises.
1. 
The owner shall maintain the premises in compliance with the applicable codes and shall regularly perform all routine maintenance, including lawn mowing and ice and snow removal, and shall promptly make any and all repairs necessary to fulfill this obligation.
2. 
The owner and occupant may agree that the occupant is to perform specified repairs, maintenance tasks, alterations, or remodeling. In such case, however, such agreement between the owner and occupant must be in writing. Such an agreement may be entered into between the owner and occupant only if:
A. 
The agreement of the parties is entered into in good faith and not for the purpose of evading the obligations of the owner or occupant;
B. 
The agreement does not diminish or affect the obligation of the owner to other occupants in the premises;
C. 
The agreement is in writing;
[Added 8-13-2009 by Ord. No. 1203]
D. 
A copy of the agreement is submitted to the Code Enforcement Officer.
[Added 8-13-2009 by Ord. No. 1203]
3. 
If an agreement is entered, then the occupant shall, along with the owner, be responsible for complying with codes applicable to the duties the occupant assumes under the agreement. However, in no case shall the existence of any agreement between the owner and occupant relieve the owner of any responsibilities under any code.
[Amended 8-13-2009 by Ord. No. 1203]
1. 
All rental agreements for regulated dwelling units entered into after the effective date of this Part shall be in writing and shall be supplemented with the Addendum attached hereto as Appendix A.[1] No oral leases and no oral modifications thereof are permitted. All disclosures and information required to be given to occupants by the owner shall be furnished before the signing of the rental agreement. The owner shall provide occupant with copies of the rental agreement and Addendum upon execution. Owner shall further secure a written acknowledgement from the occupants that they have received the disclosures and information required by this Part.
[1]
Editor's Note: Said Addendum is on file in the office of the Borough Secretary.
2. 
Owner and occupant may include in a rental agreement terms and conditions not prohibited by this Part or other applicable ordinances, regulations and laws, including rent, term of the agreement, and other provisions governing the rights and obligations of the parties.
3. 
Except as otherwise provided by this Part, no rental agreement may provide that the occupant or owner agrees to waive or to forego rights or remedies under this Part. A provision prohibited by this subsection included in a rental agreement shall be unenforceable.
4. 
Following the effective date of this Part, a summary hereof in a form provided to owner by the Borough at the time of licensing shall be attached to each rental agreement delivered by or on behalf of an owner when any such agreement is presented for signing to any occupant. If a summary has been provided when the rental agreement was first executed, a summary does not have to be provided upon renewal. Where a rental agreement has been entered into prior to the effective date of this Part, the owner shall provide the occupants with a copy of the summary within 60 days after enactment of this Part.
5. 
Upon oral or written request by the police or Code Enforcement Officer, the owner shall, within 10 days of such request, furnish to the Borough copies of acknowledgement that the occupants have received the disclosures and information required to be given and acknowledged as required by this Part.
1. 
The owner shall reply promptly to reasonable complaints and inquiries from occupants.
2. 
Occupants may take complaints to the police, the Borough Manager or the Code Enforcement Officer of any violations of any code in the occupant's regulated rental unit. The police and Borough Manager shall promptly forward such complaints to the Code Enforcement Officer.
[Added 8-13-2009 by Ord. No. 1203]
The owner shall comply with all provisions of the Pennsylvania Landlord and Tenant Act of 1951 of the Commonwealth of Pennsylvania, as amended from time to time.[1]
[1]
Editor's Note: See 68 P.S. §§ 250.101 through 250.602.
Where an owner does not regulate the use of common areas and the behavior of occupants and guests in the common areas, the owner shall be directly responsible for the behavior of occupants and guests in the common area as if the owner were an occupant.
[Amended 8-13-2009 by Ord. No. 1203
1. 
Upon learning of a violation of a code upon premises, the Code Enforcement Officer may issue a citation to the violator and/or issue a written notice of the violation to the violator and, if the violator is an occupant, to the owner. The written notice shall state the Code Enforcement Officer's determination of the code that has been violated, the date of the written notice, the facts that constitute the violation and that the violator may file a written appeal of the written notice with the Borough Manager within 10 calendar days of the date of the written notice.
2. 
Within 10 calendar days date of the written notice from the Code Enforcement Officer that the owner or an occupant has violated a provision of any code, the violator, and, if the violator is an occupant, the owner, may file a written appeal to the Borough Manager specifically stating the factual and legal reasons for the appeal.
3. 
If the violator or owner does not file a written appeal within 10 calendar days after the date of the written notice, the Code Enforcement Officer's determination shall be final and conclusive for purposes of any provision of this Part that permits or requires actions based upon multiple violations of any code.
4. 
The Borough Manager shall hear the appeal in accordance with the Local Agency Law[1] within five business days of receipt of the appeal and issue a written decision within five business days of the hearing. The final decision upon appeal shall be conclusive for purposes of any provision of this Part that permits or requires actions based upon multiple violations of any code.
[1]
Editor's Note: See 2 Pa.C.S.A. §§ 551 et seq. and 751 et seq.
5. 
Within 20 days after date of a notice of violation that is not appealed or the date of the decision on a notice that is appealed, the owner shall file with the Code Enforcement Officer a report, on a form provided by the Borough, setting forth what action the owner has taken to remedy the violation and what steps the owner has taken to prevent a reoccurrence of the violation. The report shall also set forth a plan as to steps the owner will take in the future if the violation recurs.
6. 
The Code Enforcement Officer shall review the report and, if adequate steps have been taken and the plan is adequate to address future violations, shall approve the plan. The owner shall, on his or her initiative, enforce the plan, and failure to do so shall be a violation of this Part.
7. 
In the event that a second violation of the same or other code occurs within a license year involving the same occupant or occupants, in addition to any other action available, the Code Enforcement Officer may direct the owner to bring in the appropriate forum and to prosecute in good faith an action to recover possession of the regulated rental unit from the occupant who violated the code and not permit the occupant to occupy the premises during the subsequent licensing period.
Upon receiving notice of any code violation from the Code Enforcement Officer, the owner shall promptly take action, or cause the necessary action to be taken, to abate the offending condition and eliminate the violation.
1. 
In case the owner of premises shall neglect, fail or refuse to comply with any notice from the Borough or its Code Enforcement Officer to correct a violation relating to maintenance and repair of the premises under any code within the period of time stated in such notice, the Borough may cause the violation to be corrected. There shall be imposed upon the owner a charge of the actual costs involved, plus 10% of said costs for each time the Borough shall cause a violation to be corrected, and the owner of the premises shall be billed after same has been completed. Any such bill which remains unpaid and outstanding after the time specified therein for payment shall be grounds for the imposition of a municipal lien upon the premises as provided by law. Such a lien may be reduced to judgment and enforced and collected as provided by law, together with interest at the legal rate and court costs. The remedies provided by this section are not exclusive and the Borough and its Code Enforcement Officer may invoke such other remedies available under this Part or other applicable codes, ordinances or statutes, including, where appropriate, condemnation proceedings or declaration of premises as unfit for habitation, or suspension, revocation, or nonrenewal of the license issued hereunder.
2. 
The Borough shall have no duty to correct or cause to be corrected at its expense a violation relating to maintenance or repair, and the Borough shall not be liable to any person for failure to cause a violation relating to maintenance or repair to be corrected.
[Added 8-13-2009 by Ord. No. 1203]
[Amended 8-13-2009 by Ord. No. 1203]
1. 
Upon receipt from the Code Enforcement Officer of notice of an inspection, the owner shall promptly inform the occupant of the date and time of the inspection.
2. 
If the occupant will not be present at the regulated rental unit on the date and time of the inspection, the owner shall ask the occupant to consent to the inspection.
3. 
If the occupant consents to the inspection, the owner shall admit the Code Enforcement Officer to the regulated rental unit for purposes of the inspection.
4. 
If the occupant does not consent to the inspection of the regulated rental unit, the owner shall admit the Code Enforcement Officer to the regulated rental unit upon the Code Enforcement Officer's producing a search warrant.
5. 
If an owner does not consent to the inspection of any portion of the premises in the owner's control, or asserts that some other person is in control of any portion of the premises, the owner shall admit the Code Enforcement Officer to the premises upon the Code Enforcement Officer's producing a search warrant.
6. 
If the owner does not admit the Code Enforcement Officer upon the Code Enforcement Officer's producing a search warrant, the Code Enforcement Officer may petition the Court of Common Pleas of Allegheny County to compel the owner to comply with the search warrant.