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 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.
