Definitions.
As used in this Part, the following terms shall have the meanings
indicated:
BOROUGH
The Borough of Selinsgrove, Snyder County, Pennsylvania.
BOROUGH COUNCIL
The duly elected Borough Council of the Borough of Selinsgrove,
Snyder County, Pennsylvania.
CODE
Any code or ordinance adopted, enacted and/or in effect in and for the Borough of Selinsgrove 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 Part: Chapter
10, Part
3, “Brush, Grass and Weeds”; Chapter
20, Part
1, “Garbage, Refuse and Refuse Management”; Chapter
5, Part
2, “Property Maintenance”; Chapter
21, “Streets and Sidewalks”; Chapter
27, “Zoning,” and any duly enacted amendment or supplement to any of the above and any new enactment falling within this definition.
CODE OFFICIAL
The official who is charged with the administration and enforcement of the Property Maintenance Code [Chapter
5, Part
2], or any duly authorized representative. The Property Maintenance Code Official. The Municipal Code Official.
COMMON AREA
Any open area within a structure shared by occupants or that
the occupants have the right to share including, but not limited to,
kitchens, bathrooms, living rooms, dining rooms, attics, basements
and any room used for parties, social events or the congregation of
people, excepting bedrooms; or any open area on the property owned
by the landlord that the occupants have the right to use, including,
but not limited to, hallways, stairs, porches, decks, patios, yards,
parking lots, driveways and walkways.
COMMUNITY LIVING FACILITY
A living arrangement whereby unrelated individuals with diagnosed
mental health or mental retardation problems reside on a permanent
basis with twenty-four-hour supervision and whose primary purpose
is the development and maintenance of community living skills.
DISRUPTIVE CONDUCT
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 (as to hour of the day), offensive,
riotous or that otherwise disturbs other persons of reasonable sensibility
in their peaceful enjoyment of their premises. It is not necessary
that such conduct, action, 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.
DISRUPTIVE CONDUCT REPORT
A written report of disruptive conduct on a form to be prescribed
therefore, to be completed by the Code Official or police, as the
case may be, who actually investigates an alleged incident of disruptive
conduct and which shall be maintained by the Code Official.
DWELLING
Any building or portion thereof designed or used exclusively
as the residence or sleeping place of one or more persons. The term
“dwelling” shall not be deemed to include automobile court,
rooming house, tourist home, hotel, hospital, or nursing home. For
the purposes of this Part, “dwelling” shall include dormitory,
fraternity or sorority house.
DWELLING UNIT
One or more rooms, including a kitchen or kitchenette and
sanitary facilities, in a dwelling structure, designed as a unit for
occupancy by not more than one family for living and sleeping or a
single unit providing complete, independent living facilities for
one or more persons, including permanent provisions for living, sleeping,
eating, cooking and sanitation.
GUEST
A person on the premises with the actual or implied consent
of an occupant.
LANDLORD
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”) and/or any individual or
entity owning, controlling, leasing, and operating, or managing leased
residential premises.
MULTIPLE-UNIT DWELLING
A building containing two or more independent dwelling units
including, but not limited to, two-family dwelling, multi-family dwelling,
garden apartment, townhouse, elevator apartment, condominiums, and
conversion apartments.
OCCUPANCY LICENSE
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.
OCCUPANT
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 “tenant”)
and/or any individual living or sleeping in a building, or having
possession of space within a building.
OWNER
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 or any person, agent, operator, firm, or corporation having
a legal or equitable interest in the property; or recorded in the
official records of the state, county, or municipality as holding
title to the property; or otherwise having control of the property,
including the guardian of the estate of any such person, the executor
or administrator of the estate of such person if ordered to take possession
of real property by a court.
OWNER-OCCUPIED DWELLING UNIT
A dwelling unit in which the owner or a person or persons
related to the owner, resides on a regular, permanent basis.
OWNER’S REPRESENTATIVE
An adult individual designated by the owner of a regulated rental unit under §
11-102.2. The owner’s representative shall be the agent of the owner for service of process and receiving notices or demands and to perform the obligations of the owner under this Part.
PERSON
A natural person, partnership, corporation, unincorporated
association, limited partnership, trust or any other entity.
POLICE
The Police Department of the Borough of Selinsgrove or any
properly authorized member or officer thereof or any other law enforcement
agency having jurisdiction within the Borough of Selinsgrove.
PREMISES
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.
RELATED
Of or pertaining to persons related to one another through
blood to the level of second cousins, adoption or marriage.
RENTAL AGREEMENT
A written agreement between owner/landlord and occupant/tenant,
embodying the terms and conditions concerning the use and occupancy
of a specified regulated rental unit or premises.
TENANT
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”).
UNRELATED
Of or pertaining to persons not related to one another through
blood to the level of second cousins, adoption or marriage.