[HISTORY: Adopted by the Borough Council
of the Borough of Conway 10-20-2004[1] by Ord. No. 495, approved 10-20-2004.
Amendments noted where applicable.]
GENERAL REFERENCES
Occupancy permits — See Ch. 85.
[1]
Editor's Note: The effective date of this
ordinance is January 1, 2005.
As used in this chapter, the following terms
shall have the meanings indicated:
Borough of Conway, Beaver County, Pennsylvania.
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 (time of day), offensive, riotous,
or that otherwise disturbs other persons of reasonable sensibility
of their peaceful enjoyment of their premises such that a report is
made to police complaining of such action, conduct, incident, or behavior.
It is not necessary that such action, conduct, incident, or behavior
constitute a criminal offense, nor that criminal charges be filed
against any person in order for a person to have perpetrated, cause
or permitted the commission of disruptive conduct as defined herein;
provided, however, that the police investigate and make a determination
that such did occur and make a record of such occurrence.
A building having one or more dwelling units.
A room or group of rooms within a dwelling and forming a
single unit and used for living and sleeping purposes, having its
own cooking facilities, and a bathroom with a toilet and a bathtub
or shower.
A person on the premises with the actual or implied consent
of an occupant.
The occupant shall not engage in nor tolerate nor permit
others on the premises to engage in any conduct declared illegal under
the Pennsylvania Crimes Code (P.S. § 101 et seq.[1]) or the Controlled Substance, Drug, Device and Cosmetic
Act (35 P.S. § 780-101 et seq.) or the Liquor Code (47 P.S.
§ 1-101 et seq.).
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").
An adult individual designated by the owner of a regulated
rental unit. The manager shall be the agent of the owner for service
of process and receiving notices or demands and to perform the obligation
of the owner under this chapter and under rental agreements with occupants.
A building containing three or more independent dwelling
units, including but not limited to double houses, row houses, townhouses,
condominiums, apartment houses and conversion apartments.
The license issued to the owner of regulated rental units
under this chapter which is required for the lawful rental and occupancy
of regulated rental units.
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.
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 regulated
rental unit.
A dwelling unit in which the OWNER resides on a regular,
permanent basis.
The occupant shall conduct himself or herself and require
other persons, including but not limited to guests on the premises
and within his or her regulated rental unit with his or her consent,
to conduct themselves in a manner that will not disturb the peaceful
enjoyment of adjacent or nearby dwellings by the persons occupying
same.
A natural person, partnership, corporation, unincorporated
association, limited partnership, trust, or any other entity.
The Police Department of the Borough of Conway or any properly
authorized member or officer thereof or any other law enforcement
agency having jurisdiction within the Borough of Conway.
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.
A written agreement between owner/landlord and occupant/tenant
supplemented by the addendum embodying the terms and conditions concerning
the use and occupancy of a specified regulated rental unit or premises.
The occupant shall, unless otherwise permitted by applicable
law or ordinance, occupy or use his or her regulated rental unit for
no other purpose than as a residence.
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").
Of or pertaining to two or more persons not related to one
another through blood to the level of second cousins, adoption or
marriage.
[1]
Editor's Note: See 18 Pa.C.S.A. § 101 et seq.
A.
General.
(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 local ordinances and to keep such property in good and safe condition.
(2)
As provided for in this chapter, 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
chapter, every owner shall also be responsible for regulating the
conduct and activities of the occupants of every one 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 regulated
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 the 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 or 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.
(5)
This chapter is not intended, nor shall its effect
be, to limit any other enforcement remedies which may be available
to the Borough against the owner, occupant, or guest thereof.
B.
Designation of manager. Every owner who is not a full-time
resident of the Borough of Conway or elsewhere in an area that is
a local call from the Borough of Conway shall designate a manager
who shall reside in an area that is a local call from the Borough
of Conway. If the owner is a corporation, a manager shall be required
if an officer of the corporation does not reside in the aforesaid
calling area. The officer shall perform the same function as a manager.
If the owner is a partnership, a manager shall be required if a partner
does not reside in the aforesaid calling area. Said partner shall
perform the same function as a manager. The manager shall be the agent
of the owner for service of process and receiving of notices and demands,
as well as for performing the obligations of the owner under this
chapter 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 the owner or manager to the Borough's
Secretary, and such information shall be kept current and updated
as it changes.
C.
D.
Maintenance of premises.
(1)
The owner shall maintain the premises in compliance
with the codes of the Borough and shall regularly perform all routine
maintenance, including lawn mowing and ice/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 specific repairs, maintenance tasks, alterations, or
remodeling. In such case, however, such agreement between the owner
and the occupant must be in writing. Such an agreement may be entered
into between the owner and occupant only if:
(3)
In no case shall the existence of any agreement between
owner and occupant relieve an owner of any responsibility under this
chapter or other ordinances or codes for maintenance of premises.
E.
Written rental agreement.
(1)
All agreements for regulated dwelling units shall
be in writing and shall be supplemented with the addendum attached
hereto as Exhibit A.[1] No oral leases and no oral modifications thereof are permitted.
All disclosure 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.
[1]
Editor's Note: Said Exhibit A, Addendum to
Residential Rental Agreement, is on file in Borough offices and provided
to an owner at the time of licensing.
(2)
Terms and conditions. Owner and occupant may include
in a rental agreement terms and conditions not prohibited by this
chapter 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)
Prohibited provisions. Except as otherwise provided
by this chapter, no rental agreement may provide that the occupant
or owner agrees to waive or to forego rights or remedies under this
chapter. Any provision prohibited by this subsection included in a
rental agreement is unenforceable.
(4)
Attachment of chapter to rental agreement. Following
the effective date of this chapter, a copy of this chapter 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
copy has been provided when the rental agreement was first executed,
a copy does not have to be provided upon renewal. Where a rental agreement
has been entered into prior to the effective date of this chapter,
the owner shall provide the occupants with a copy of this chapter
within 60 days after enactment of this chapter.
F.
Complaints. The owner shall reply promptly to reasonable
complaints and inquiries from occupants and the Borough within 48
hours.
G.
Landlord/Tenant Act. The owner shall comply with all
provisions of the Landlord-Tenant Act of the Commonwealth of Pennsylvania.
H.
Common areas. Where an owner does not regulate the
use of the 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.
A.
General. The occupant shall comply with all obligations
imposed upon occupants by this chapter, all applicable codes and ordinances
of the Borough and all applicable provisions of state law.
B.
Health and safety regulations.
(1)
The maximum number of persons permitted in any regulated
rental unit at any one time shall not exceed the standards outlined
in Borough ordinance and the BOCA Basic Property Maintenance Code
Section PM 405.0 concerning occupant load, or the applicable Code
if most restrictive, The maximum number of persons permitted in the
common areas of any multiple unit dwelling at any one time shall not
exceed one person for each 15 square feet of common area on the premises.
(2)
The occupant shall dispose from his or her regulated
rental unit all rubbish, garbage, and other waste in a clean and safe
manner prescribed in Borough ordinances and separate and place for
collection all recyclable materials in compliance with the Recycling
Plan of the Borough of Conway Solid Waste and Recycling Ordinance.
C.
Peaceful enjoyment. The occupant shall conduct himself
or herself and require other persons, including but not limited to
guests, on the premises and within his or her regulated rental unit
with his or her consent, to conduct themselves in a manner that will
not disturb the peaceful enjoyment of the premises by others and that
will not disturb the peaceful enjoyment of adjacent or nearby dwellings
by the persons occupying the same.
D.
Residential use. The occupant shall, unless otherwise
permitted by applicable law or ordinance, occupy or use his or her
regulated rental unit for no other purpose than as a residence.
E.
Illegal activities. The occupant shall not engage
in, nor tolerate nor permit others on the premises to engage in, any
conduct declared illegal under the Pennsylvania Crimes Code (18 Pa.C.S.A.
§ 101 et seq.) or Liquor Code (47 P.S. § 1-101
et seq.) or the Controlled Substance, Drug, Device and Cosmetic Act
(35 P.S. § 780-101 et seq.).
F.
Disruptive conduct.
(1)
The occupant shall not engage in, nor tolerate nor
permit others on the premises to engage in, disruptive conduct, or
other violations of the chapter.
(2)
When police investigate an alleged incident of disruptive
conduct, the police officer shall complete a disruptive conduct report
upon a finding that the reported incident did, in the police officer's
judgment, constitute "disruptive conduct" as defined herein. The information
filled in on said report shall include, if possible, the identity
or identities of the alleged perpetrator(s) of the disruptive conduct
and all other obtainable information including the factual basis for
the disruptive conduct requested on the prescribed form. Where the
police make such investigation, said police officer shall then submit
the completed disruptive conduct report to the Police Chief who will
review it and direct the appropriate information (i.e., the date of
the incident, the address of the subject property and the number of
offenses) to the Borough Secretary. In all cases, the Borough Secretary
shall mail a copy of the disruptive conduct report to the owner or
manager within three working days of the occurrence of the alleged
disruptive conduct.
(3)
The third occurrence of disruptive conduct within
12 consecutive months will result in automatic eviction.
G.
Compliance with rental agreement. The occupant shall
comply with all lawful provisions of the rental agreement and addendum
entered into between owner and occupant. Failure to comply may result
in the eviction of the occupant by the owner or Borough.
H.
Damage to premises. The occupant shall not intentionally
cause, nor permit nor tolerate others who cause, damage to premises.
Conduct which results in damages in excess of $500 shall be considered
a violation of this chapter and/or potentially an instance of disruptive
conduct.
I.
Inspection of premises. The occupant shall permit
inspections by the Code Enforcement Officer or his designated representative
of the premises at reasonable times upon reasonable notice of two
business days; any cost for inspection to be paid by owner.
A.
Registration requirements; fees. The owners of each
rental dwelling units listed herein will be subject to the following
registration requirements and fees:
(1)
Each person who allows a one-family dwelling to be
occupied by a person or persons other than the owner of the one-family
dwelling and where this action by the owner has occurred for a period
in excess of one year, that person shall be required to annually file
with the Borough Secretary rental unit registration.
(2)
Each person who operates a two-family dwelling shall
be required to annually file with the Borough Secretary rental unit
registration.
(3)
The rental unit registration shall be filed and paid at the time of application for license after passing inspections done pursuant to Subsection B(2) and, thereafter, annually by December 31. The registration fee schedule follows.
(a)
Every person applying for a license initially shall
supply all information requested by the Borough and pay an initial
license fee as follows:
(b)
Thereafter, the subsequent fee for annual license
for one- and two-family units will be assessed at $25 per unit. Multifamily
units of three to 10 will be $20 per unit. Rooming houses, dormitories
and hotels will be $15 per unit.
B.
Inspection:
(1)
Periodic. The Code Official or other individual designated
by the Borough shall inspect each one-family and two-family dwelling
at least once on or before the second-annual anniversary of the initial
inspection following the filing of the rental unit registration. These
periodic inspections shall occur notwithstanding more frequent inspections
which may be required in the investigation of complaints regarding
the dwelling.
(2)
Prior to issuance of license. Upon an application
for a license being made, the Code Official or designated representative
shall inspect the rental dwelling and, in the event that such rental
dwelling is in compliance with this Code, the license applied for
shall be issued.
(3)
Noncompliance. In the event the rental dwelling is
not in compliance with this Property Maintenance Code, the Borough
Secretary or Borough Solicitor shall notify the applicant in writing
and shall specify the noncompliance with the Property Maintenance
Code. Upon completion of the changes, the Borough Secretary shall
issue the license applied for.
D.
License transfers. No license required by the chapter
shall be transferable unless the new operator shall give notice in
writing to the Borough Secretary within 10 days after the transfer
in any manner of ownership or control of the interest in such multifamily
dwelling. Such notice shall include the name and address of the person
succeeding to the ownership or control.
E.
Violation; license revocation; notice; appeal.
(1)
Whenever the Code Official or designated representative
determines that there exists a violation of the Property Maintenance
Code, he shall serve notice as provided in the Code and notify the
owner or operator in writing, stating that, unless the notice of violation
is complied with, the rental dwelling license may be revoked. After
the expiration of the time for compliance as stated on the notice
of violation, a reinspection shall be made to determine compliance.
If the violation has not been corrected and no appeal is pending,
the Borough may revoke the multifamily dwelling license and, in such
event, shall serve written notice upon the owner or operator of such
action.
(2)
Appeal. Any person whose rental dwelling license has
been revoked, or whose application for license to operate a multifamily
dwelling has been denied, may appeal as provided in the Property Maintenance
Code or under state law.
F.
Licensing of rooming houses, dormitories and hotels.
(1)
No person shall operate a rooming house, dormitory
or hotel unless he has first obtained from the Borough a license to
operate such rooming house, dormitory or hotel.
(2)
Compliance with Code. The Borough shall not issue
a license unless the rooming house, dormitory or hotel for which the
license is required in compliance with the Property Maintenance Code
or state law.
(3)
Number of occupants specified. Every license shall
specify the maximum number of occupants allowed to occupy the rooming
house, dormitory or hotel.
(4)
Every license shall be displayed in a conspicuous
place within the rooming house, dormitory or hotel.
A.
Basis for violation. It shall be unlawful for any
person, as either owner or manager of a regulated rental unit for
which a license is required, to operate without a valid, current license
issued by the Borough authorizing such operation. It shall also be
unlawful for any person, either owner or manager, to allow the number
of occupants of a regulated rental unit to exceed the maximum limit
as set forth on the license or to violate any other provision of this
chapter. It shall be unlawful for any occupant to violate this chapter.
B.
Penalties. Any violation of this chapter shall constitute
a summary offense, punishable upon conviction thereof by a District
Justice by a fine not to exceed $1,000 plus costs and by a term of
imprisonment not to exceed 30 days. Each day of violation shall constitute
a separate and distinct offense.
C.
Nonexclusive remedies. The penalty provisions and
the license nonrenewal, suspension and revocation procedures provided
in this chapter shall be independent, nonmutually exclusive, separate
remedies, all of which shall be available to the Borough as may be
deemed appropriate for carrying out the purposes of this chapter.
The remedies and procedures provided in this chapter for violation
hereof are not intended to supplant or replace, to any degree, the
remedies and procedures available to the Borough in the case of a
violation of any other code or ordinance of the Borough, whether or
not such other code or ordinance is referenced in this chapter and
whether or not an ongoing violation of such other code or ordinance
is cited as the underlying ground for a finding of a violation of
this chapter.
A.
Notices.
(1)
For purposes of this chapter, any notice required
hereunder to be given to a manager shall be deemed as notice given
to the owner.
(2)
There shall be a rebuttable presumption that any notice
required to be given to the owner under this chapter shall have been
received by such owner if the notice was given to the owner in the
manner provided by this chapter.
(3)
A claimed lack of knowledge by the owner of any violation
hereunder cited shall be no defense to license nonrenewal, suspension
or revocation proceedings as long as all notices prerequisite to institution
of such proceedings have been given and deemed received in accordance
with the applicable provisions of this chapter.
B.
Changes in ownership occupancy. It shall be the duty
of each owner of a regulated rental unit to notify the Borough Secretary
in writing of any change in ownership of the premises or of the number
of regulated rental units on the premises. It shall be the duty of
the owner to notify the Borough Secretary in writing of any increase
in the number of occupants in any regulated rental unit or of the
changing of a dwelling unit from owner-occupied to non-owner-occupied,
which thereby transforms the dwelling into a regulated rental unit
for the purposes of this chapter.
C.
Owners severally responsible. If any regulated rental
unit is owned by more than one person, in any form of joint tenancy,
as a partnership, or otherwise, each person shall be jointly and severally
responsible for the duties imposed under the terms of this chapter
and shall be severally subject to prosecution for the violation of
this chapter.
