[Ord. No. 1079, 9/11/2019]
As used in this Part, the following terms shall have the meanings
indicated:
Either an individual, or two or more persons related by blood
or marriage or adoption, or a group of not more than four persons
not so related (not counting servants) living together as a single
household, or any number of persons protected by the provisions of
the Fair Housing Act (42 U.S.C. 3601 et seq., as now or hereafter
amended) living together in a group living arrangement with supervision.
Any building designed or used as permanent living quarters for two or more families, including two family dwellings, multifamily dwellings, garden dwellings and multifamily-multistory dwellings and townhouses, as defined in Chapter 27, Zoning, of the Borough's Code of Ordinances.
Any property with a building or structure thereon located
within the Borough of Aspinwall in which the owner or landlord rents
all or a portion of the property, building or structure for any length
of time to an occupant that engages in a business, enterprise, activity
or other undertaking for profit or that falls within the classifications
set forth in the International Building Code as assembly, business,
educational, factory, high hazard, institutional, mercantile, storage,
and utility and miscellaneous.
A tenant or other occupant in possession of the property.
The duly appointed Aspinwall Borough Building Code Official,
the Aspinwall Borough Fire Code Official, or such substitute designated
by the Borough Manager or Borough Council to administer and enforce
this Part.
Any building, structure or portion thereof suitable or adaptable
for human or property occupancy for residential or nonresidential
purposes.
Residential or nonresidential rental premises located in
the Borough of Aspinwall.
Any property with a building or structure thereon located
within the Borough of Aspinwall in which the owner or landlord rents
all or a portion of the property, building or structure for any length
of time to an occupant that engages in activities customarily conducted
in living quarters in an urban setting, and excludes such activities
as the keeping of livestock or fowl, activities which involve the
storage, visible from off the lot, of motor vehicle parts, machinery
or parts, junk or scrap materials. Residential rental properties includes
single family and multifamily residences.
[Ord. No. 1079, 9/11/2019]
1.
All owners of a residential rental property or a nonresidential rental
property shall annually register with the Borough on a registration
form supplied by the Borough Manager or his or her designee. The registration
form shall require the following information:
A.
The number of total units, number of occupied units and number of
unoccupied units in each residential or nonresidential rental property;
B.
Name, address, cell phone number, landline phone number and email
address of each and every owner of the residential or nonresidential
rental property;
C.
Name, address, cell phone number, landline phone number, email address
of each and every occupant of the residential or nonresidential rental
property;
D.
Name and address of the employer, if any, of each occupant of a residential
rental property;
E.
Name and address of each employee employed at a nonresidential rental
property;
F.
The name, address, cell phone number, landline phone number and email
address of the property manager of any residential or nonresidential
rental property.
2.
Registration shall be accompanied by the registration fee set by
resolution of the Borough Council, if any, from time to time. The
resolution establishing the fee may provide for the fee to be decreased
or waived for nonprofit, educational or religious organizations and
for the fee to be waived or decreased for any property owner or occupants
who voluntarily register within 45 days after passage of this Part
or within 20 days after a new residential or nonresidential rental
property is created requiring registration herein.
3.
Registration must be completed by the owner of the residential or
nonresidential rental property.
4.
Owners of residential or nonresidential rental properties must designate
a property manager if their principal address is more than 35 air
miles from their property in Aspinwall.
5.
Registration forms must be completed and filed with the Borough on
or before January 21st of each year commencing in 2020.
[Ord. No. 1079, 9/11/2019]
It shall be the duty of each residential and nonresidential rental property owner to report any change in the use or occupancy of a residential or nonresidential rental property or the establishment of a new residential or nonresidential rental property, to the Official within 10 calendar days of the change of use or occupancy or the commencement of the new use or occupancy. A change in use or occupancy, or the establishment of a new business property or multifamily residence, requires a new registration under § 5-302.
[Ord. No. 1079, 9/11/2019]
Any person, partnership, association, limited liability company, firm, corporation or any other entity who becomes the owner of a residential or nonresidential rental property shall within 30 days thereafter register with the Borough in the manner set forth in § 5-302 of this Part.
[Ord. No. 1079, 9/11/2019]
On an annual basis beginning in January 2020, residential and
nonresidential rental property must register under the provisions
of this Part on or before January 21, 2020 and shall be valid for
the remainder of the calendar year.
[Ord. No. 1079, 9/11/2019]
1.
The Borough, through the Official, shall conduct an inspection of
all residential and nonresidential rental properties at least one
time every two calendar years beginning in January 2020. Nothing in
this section shall limit the ability of the Official to conduct any
other inspections necessary to carry out his/her duties.
2.
Inspections shall be for the purpose of determining compliance with
the applicable Fire Code, Construction Code, Property Maintenance
Code, the Uniform Construction Code, the Aspinwall Borough Zoning
Ordinance and any other applicable health and safety code requirements
and for the purpose of obtaining information for tax and other Borough
purposes regarding the ownership, use and occupancy of the residential
or nonresidential rental property.
3.
It shall be the duty of all residential and nonresidential rental
property owners to contact the Borough to schedule an inspection under
this Part.
4.
The Official is authorized to enter for the purpose of inspection
upon all nonresidential rental properties and all common areas and
individual residences of residential rental properties.
5.
For the purpose of enforcing this Part, the Official may seek to
obtain an administrative search warrant issued by a competent authority
for the purpose of compelling an inspection under this Part.
6.
The Official shall issue a report of each inspection and supply a
copy thereof to the owner and/or occupant of the property inspected.
The report shall note compliance violations and any corrective actions
required. The official is authorized and directed to carry out follow-up
inspections as needed to determine compliance. Follow-up inspections
shall result in assessment of fees as set by resolution of the Borough
Council. The Official shall issue a inspection permit to the residential
or nonresidential rental property Owner upon demonstration of compliance
with this Part.
7.
Any person aggrieved by a determination of the Official may appeal
such determination by filing a written request for a Local Agency
Law appeal with the Borough Manager within 30 days after the date
of issuance of the determination appealed from. Such appeal shall
be heard by the Zoning Hearing Board and shall be accompanied by an
appeal fee as is set by resolution of the Borough Council, and shall
state the grounds for the appeal. To the extent the appeal fee is
insufficient to cover the cost of a court reporter or legal advertising
related to the hearing, the appellant shall also be responsible to
reimburse the Borough for any such costs.
8.
The Borough Manager may establish rules and regulations to govern
such inspections and appeals by aggrieved parties.
9.
All residential and nonresidential rental property owners shall pay
the inspection fee set by resolution of the Borough Council, if any,
from time to time, in any year where the Borough inspects the residential
and nonresidential rental property owner's property. Inspections
will not be deemed complete, and the inspection permit will not issue,
until the Borough receives payment from the residential and nonresidential
rental property owner.
10.
No owner of residential and nonresidential rental property, or any
agent or associate thereof, may collect rents from said property,
or permit the property to be occupied by a tenant, without a valid
inspection permit.
[Ord. No. 1079, 9/11/2019]
Any person who owns residential or nonresidential rental property within the Borough without a valid registration or violates § 5-306, Subsection 10 of this Part shall, upon summary conviction before the District Justice, be fined not more than $500 for any one offense, recoverable with costs and restitution, or imprisoned for not more than 30 days, if the amount of such fine and costs is not paid. Each day of a continuing violation shall be considered a separate offense. Additionally, the Borough may direct the municipal water agency, authority or company or public authority providing public water service in the Borough to cease water service to the subject property until compliance with this code and all other applicable Borough ordinances is achieved. Any property owner or lessee violating this Part shall be subject to immediate revocation of his/her rental property inspection permit.
