[Adopted 3-12-2024 by Ord. No. 1389]
The provisions of this article shall apply to all dwelling units
in the Borough of Sewickley which are leased, rented, or otherwise
occupied by persons who do not own the premises, and to all persons
which own, lease, and otherwise rent residential properties in the
Borough as specified herein. This article is not intended, nor shall
its effect be, to limit any other enforcement remedies which may be
available to the Borough under separate ordinance or law, and it shall
not be construed to impede the enforcement of any building, zoning,
or property maintenance code, fire safety codes, or associated inspection
requirements arising thereunder.
For the purposes of this article, the following terms shall
have the meanings set forth below unless specifically indicated otherwise.
Any terms that are not expressly defined herein shall be interpreted
in accordance with the purpose and intent of this article and the
context of such terms.
The Sewickley Borough Code of Ordinances, as amended, and
any other applicable ordinances, codes, statutes, regulations, or
standards that are in effect to protect the health, safety, and welfare
of the public through the regulation of property, buildings, structures,
and dwelling units, including but not limited to those concerning
construction, maintenance, electrical systems, plumbing, fire safety,
sanitation, habitability, occupancy, and use.
Any representative of the Borough having been duly appointed
by the Borough Council to enforce the provisions contained herein,
including but not limited to the Code Enforcement Officer, Building
Code Officer, or a third-party inspector.
Space that is not part of an individual dwelling unit and
which is open for the common use and enjoyment of all persons on the
premises of multiple-unit dwellings.
A building having one or more dwelling units.
A self-contained housing unit intended for single-family
occupancy that is comprised of one or more rooms that provide facilities
for living, sleeping, sanitation, and food preparation/consumption.
Any person who, by means of a rental agreement, lets, rents,
leases, or otherwise allows other persons to occupy or use a regulated
rental unit or premises that is owned by, or under the management/control
of the landlord.
A person who has legal or equitable title to real property.
A natural person, partnership, corporation, unincorporated
entity, association, limited partnership, trust, or any other entity.
Any parcel or real property in the Borough of Sewickley,
including the buildings and improvements thereon, in which one or
more regulated rental units are located.
A residential dwelling unit occupied by any person other
than the owner pursuant to a rental agreement.
A written/oral agreement between landlord and tenant for
the use/occupancy of a specified regulated rental unit or premises.
The permit issued to the landlord of regulated rental units
under this article which is required for the lawful rental and occupancy
of regulated rental units.
Any person(s) who, by means of a rental agreement, is entitled
to the use/occupation of a dwelling unit owned by another person.
The landlord of any regulated rental unit within the Borough
of Sewickley shall register each such unit with the Borough, and shall
thereafter maintain a current registration, as follows:
A.
Within 45 days after enactment of this article, or within 15 days
of written notice from the Borough, each landlord must apply to the
Borough for a rental occupancy permit for each regulated rental unit
occupied by a tenant.
B.
The landlord of any dwelling unit that is not occupied by a tenant
at the time of enactment of this article must first obtain a rental
occupancy permit as a condition precedent to occupancy of such regulated
rental unit by any tenant.
C.
Any new dwelling or dwelling unit that did not exist at the time
of enactment of this article and that is to contain a regulated rental
unit shall be registered by the landlord as part of the initial occupancy
permit approval process.
A.
Following enactment of this article, the Borough shall implement,
commence, and continue a Borough-wide regulated rental unit inspection
program on a biannual basis, as follows:
(1)
All regulated rental units occupied by tenants at the time of commencement
of the inspection program shall be inspected within two years thereof
and shall be reinspected at least once every two years thereafter.
Nothing shall prohibit inspections on a more frequent basis as determined
to be necessary by the Code Enforcement Officer in response to complaints
or particularized safety concerns.
(2)
Any new or existing dwelling unit intended to be used as a regulated
rental unit shall be inspected prior to initial occupancy by a tenant
and shall be reinspected at least once every two years thereafter.
(3)
In the interest of efficiency and convenience, inspections pursuant
to this article should be conducted in conjunction with other Borough-required
inspections when possible.
(4)
Nothing herein shall prohibit the Code Enforcement Officer from exercising
his/her discretion to deviate or waive the biannual inspection requirement
for good cause, including for the purpose of coordinating inspections
to occur on the same schedule where multiple regulated rental units
are situated in the same dwelling.
B.
Inspection procedures shall be as follows:
(1)
Inspections of regulated rental units shall be conducted by the Code
Enforcement Officer for the purpose of determining compliance with
the provisions of this article and all other codes relevant to the
safety and habitability of residential dwelling units, as have been
or may be adopted and amended by the Borough.
(2)
The landlord and tenant (if any) shall each be given written notice
at least 10 days' prior to the scheduled inspection. The notice
shall specify the date and time of the inspection and inform the recipients
of their right to be present during the inspection. Where the identities
of the persons required to receive notice is unknown, the requirements
of this section may be satisfied by mailing the notice to the dwelling
unit and to the respective tax mailing address.
(3)
All code violations discovered upon inspection shall be listed in
a post-inspection summary letter which shall cite the applicable code
for which a violation exists, note the necessary action to abate each
violation, and inform the landlord that the issuance of a permit is
suspended while the landlord has 20 days from the date of the letter
to abate all violations and contact the Borough to schedule a reinspection
of the specified violations. Any necessary reinspection may occur
following reasonable advanced notice to the tenant (if any).
(4)
Failure of the landlord to contact the Borough to schedule a required
reinspection prior to the expiration of the twenty-day abatement period
may result in the issuance of a notice of violation by the Code Enforcement
Officer.
(5)
Nothing shall prohibit the Code Enforcement Officer from exercising
his/her discretion to extend the time allowed for abatement of violations.
(6)
No rental occupancy permit or renewal shall be issued until all repairs
or corrective actions have been made or taken to eliminate any substandard
conditions and/or to bring the premises, common areas, and/or regulated
rental unit into compliance with the applicable Borough codes and
ordinances.
(7)
Nothing herein shall prohibit the Code Enforcement Officer, upon
good cause shown, from issuing a temporary rental occupancy permit
pending completion of necessary repairs and reinspection, where the
Code Enforcement Officer in his sole discretion is satisfied that
such temporary occupancy does not pose a danger to the health, safety
and welfare of the building's tenants or to other persons or
property within the Borough.
All inspections under this article shall be conducted in accordance
with constitutional restrictions on unreasonable searches and seizures.
If entry is not obtained or upon the refusal of any person to permit
entry to a dwelling unit to conduct the inspection mandated under
this article, the Code Enforcement Officer is hereby authorized to
apply to the Magisterial District Justice for an administrative search
warrant to enter and to conduct an inspection. The refusal of a landlord
or tenant to consent to entry of a regulated rental unit pending an
administrative search warrant shall not itself constitute a violation
of this article.
Any person who is aggrieved by a decision of the Code Enforcement
Officer to refuse to issue a rental occupancy permit or to suspend
or revoke a rental occupancy permit may file an appeal, in writing,
with the Borough Manager within 30 days after the date of such determination
or notice thereof. Upon receipt of such appeal, the Borough Council
or a committee thereof shall hold a hearing within 30 days for the
purpose of hearing the appeal. Notice of the time and place of the
hearing of the appeal shall be given to all parties, at which time
they may appear and be heard. On consideration of the appeal, the
Borough Council may affirm or reverse the Code Enforcement Officer's
decision and may impose any conditions to be met prior to the issuance
of a rental occupancy permit by the Code Enforcement Officer. The
decision of the Borough Council shall constitute an adjunction within
the meaning of the Local Agency Law[1] and shall be communicated to the appellant, in writing,
within 10 days of the hearing. An appeal from the decision of the
Borough Council may be taken to the Allegheny County Court of Common
Pleas within 30 days of the date thereof as provided by the Local
Agency Law.
[1]
Editor's Note: See 2 Pa.C.S.A. § 551 et seq.
Registration and inspection fees shall be paid by the landlord
to defray, in whole or in part, the Borough's costs to administer
this article. Fees for the initial registration and inspection and
every inspection required thereafter shall be $100 per dwelling unit.
The first reinspection of particularized violations identified during
an inspection shall be at no cost to the landlord; however, any subsequent
reinspection required to confirm abatement of those violations shall
be at a fee of $50 per reinspection. The registration, inspection,
and reinspection fees set forth herein may be amended from time to
time by resolution of Council.
The Borough may establish, alter, and modify the applications,
inspection checklists and compliance letters for the operation and
enforcement of this article without further amendment hereto.
The following categories of properties shall not require registration
and shall not, therefore, be subject to the permitting provision of
this article:
A.
Senior citizen retirement and assisted living facilities duly licensed
and complying with the laws and regulations of the Commonwealth of
Pennsylvania with respect to such facilities;
B.
Convents and parish houses;
C.
Housing provided by fire companies to its members;
D.
Group homes providing medical and related care for persons with disabilities;
E.
Any dwelling unit legally occupied by a family member of the landlord
where no rent is exchanged;
F.
Any dwelling unit that is otherwise inspected and/or permitted pursuant
to another ordinance or law that adequately provides for the protection
of the health, safety, and welfare of occupants as determined in the
discretion of the Code Enforcement Officer.
The issuance of a permit under this article is not intended
to be a representation by the Borough that the regulated rental unit
and/or the building in which it is located is in compliance with any
fire prevention, building, mechanical, electrical, plumbing or similar
codes. The Borough reserves the right to conduct no more than a cursory
inspection of the regulated rental unit prior to the issuance of a
rental occupancy permit as the Code Enforcement Officer may deem fit
in his sole discretion. Neither the enactment of this article nor
the issuance of a permit shall impose any liability upon the Borough
for any errors or omissions which resulted in the issuance of such
permit, nor shall the Borough bear any liability not otherwise imposed
by law.
Any person found by the Borough to be in violation of this article
or who permits a violation of this article shall be subject to prosecution
under the Borough Code, 8 Pa.C.S.A. § 3321 et seq., and
upon being found liable therefor, shall pay a fine of not less than
$50 and not more than $600, plus costs, including, but not limited
to, the costs of abatement of the violation, court costs, and reasonable
attorneys' fees incurred by the Borough in the enforcement proceedings
and in the abatement of the violation. Each day a violation exists
shall constitute a separate offense, and each section of this article
that is violated shall also constitute a separate offense. If the
penalties and costs provided by this article, or the penalties and
costs allowed by any other remedy in law or equity, are not paid by
the person(s) found to be liable, the Borough may initiate a civil
action for collection of any penalty, cost, claim, judgment, or lien
against persons or property in accordance with the Pennsylvania Rules
of Civil Procedure and/or the Municipal Claim and Tax Lien Law, 53
P.S. § 7101 et seq. The remedies provided herein shall be
cumulative, and nothing shall preclude the Borough from enforcing
this article in equity in the Court of Common Pleas of Allegheny County,
or in any other manner allowed by law.
If any provision, section, sentence, clause, or part of this
article is held to be invalid, such invalid provisions are deemed
to be severable and shall not affect or impair any remaining provision,
section, sentence, clause, or part of this article, which shall continue
in full force and effect.
Any ordinance or resolution or parts thereof which are in conflict
herewith are repealed and replaced only to the extent of such conflict.
This article shall be effective immediately upon adoption, or
as soon thereafter as provided by law.
