Borough of Moosic, PA
Lackawanna County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Borough Council of the Borough of Moosic as indicated in article histories. Amendments noted where applicable.]
GENERAL REFERENCES
Noise — See Ch. 202.
Peace and good order — See Ch. 215.
[Adopted 12-12-2000 by Ord. No. 17-2000]

§ 237-1 Definitions and word usage.

The following words, when used in this article, shall have the meanings ascribed to them in this section, except in those instances where the context indicates otherwise. When not inconsistent with the context, words used in the present tense include the future; words in the plural number include the singular number; words in the singular shall include the plural; and words in the masculine shall include the feminine and the neuter.
BOROUGH
Borough of Moosic.
DISRUPTIVE CONDUCT
Any form of conduct, action, incident or behavior perpetrated, caused or permitted by any occupant or visitor of a rental unit that is so loud, offensive, riotous or that otherwise disturbs other persons of ordinary sensibility in their peaceful enjoyment of their premises such that a report is made to the Police Department complaining of such conduct, action, incident or behavior. It is not necessary that such conduct, action, incident or behavior constitute a criminal offense, nor that criminal charges be filed against any person, occupant or visitor in order for a person, occupant or visitor to have perpetrated, caused or permitted the commission of the disruptive conduct, as defined herein; provided, however, that no disruptive conduct shall be deemed to have occurred unless the Police Department shall have investigated and made a determination that such did occur, and keep written record, including a disruptive conduct report or police report, of such occurrence. A copy of such report shall be submitted to the Code Enforcement Officer.
OCCUPANT
A person who resides at a premises, such as a tenant, or any other individual that is allowed on premises by such resident or tenant.
OWNER
One or more persons, jointly or separately, in whom is vested all or part of the legal title to the premises, or all or part of the beneficial ownership and right to present use and enjoyment of the premises, including a mortgage holder in possession of a rental unit.
PERSON
Any natural person, partnership, firm, association, corporation, or municipal authority.
A. 
The Police Department of the Borough of Moosic or any member thereof sworn to enforce laws and ordinances of the Borough; includes the Code Enforcement Officer or his designee.
B. 
The Police Department of the Borough of Moosic or any member thereof sworn to enforce laws and ordinances of the Borough; includes the Police Chief or his designee.
PREMISES
Any parcel or real property in the Borough, including the land and all buildings and apartment structures or apartment elements on which one or more rental units are located.
PROPERTY OWNER
Any person, agent, or operator 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, and the executor or administrator of the estate of such person if ordered to take possession of real property by a court of competent jurisdiction.
RENTAL UNIT
A dwelling unit occupied by one or more tenants. Does not include for purposes of this article a dormitory room occupied by one or more students.
TENANT
Any person who occupies a rental unit within a rental property regardless of whether such person has executed a lease for said premises.

§ 237-2 Duties of owners.

A. 
The owner has the duty to maintain the premises in good repair, clean and sanitary conditions, and to maintain the premises in compliance with the current BOCA codes, building codes and Zoning Code of the Borough of Moosic.[1]
[1]
Editor's Note: See Ch. 121, Construction Codes, Uniform, and Ch. 300, Zoning.
B. 
It shall be the duty of the owner to discourage and prevent as may be possible disruptive conduct, which may result in damage to the premises, breach of the peace, and disturbances of the community.
C. 
It shall be the duty of the owner, upon the receipt of disruptive conduct reports from the Borough of Moosic, to contact the occupants, and to remind them of their responsibility for their conduct, and that, under this article, occupancy of the rental unit can be closed for a period of up to six months.
D. 
If a rental unit is closed due to three disruptive conduct reports, it shall be the responsibility of the occupant to find housing at their own expense.
E. 
If a rental unit is condemned due to the negligence of the owner, it shall be the responsibility of the owner to find housing for the occupants at the owner's expense.

§ 237-3 Duties of occupants.

A. 
It is the duty of occupants to maintain their rental unit in good sanitary condition, to report necessary repairs, to properly dispose of garbage, and to avoid disruptive conduct which may damage the premises, be a breach of the peace and disturb the community.
B. 
Occupancy limit. The maximum number of persons permitted in any rental unit subject to this article at any time shall not exceed the requirements of the Zoning Ordinance and the BOCA National Property Maintenance Code.[1]
[1]
Editor's Note: See Ch. 300, Zoning, and Ch. 230, Property Maintenance.
C. 
It shall be the duty of occupants to engage in recycling materials in accordance with the Recycling Ordinance of the Borough of Moosic.[2]
[2]
Editor's Note: See Ch. 255, Article I, Recycling.
D. 
An occupant shall not intentionally cause, nor permit, nor tolerate others to damage the rental unit, common areas, or the premises.
E. 
An occupant shall not intentionally cause, nor permit, nor tolerate others committing disruptive conduct in the rental unit, in the common areas, and on the premises.

§ 237-4 Closure of rental units.

The Borough may close a rental unit pursuant to this article when one or more of the following events occur:
A. 
A riot as defined in Title 18 of the Pennsylvania statutes occurs on the premises.
B. 
Three or more violations of this article have occurred in a rental unit or on the premises within any six-month period.
C. 
An occupant of a rental unit who has implied or actual knowledge of drug activity or is convicted in a court of competent jurisdiction of selling or distributing narcotics or controlled substances as these terms are defined in the Pennsylvania statutes, in the rental unit, common areas or on the premises.
D. 
The rental unit, common areas or the premises are condemned by the Borough or the Fire Department or Borough Engineer as unsafe for human occupancy, or structurally unsafe.
E. 
The owner has failed to comply with the BOCA codes, building codes and zoning code of the Borough of Moosic; if violations thereof are found in inspection then an owner after written notice of violation has failed to come into compliance with them within such time as the Borough may state.

§ 237-5 Enforcement.

The following persons are hereby authorized to enforce this article: the Chief of Police or any police officer of the Borough of Moosic; the Code Enforcement Officer of the Borough of Moosic; or any inspector authorized by the Borough of Moosic.

§ 237-6 Failure to comply.

If any person shall fail, refuse or neglect to comply with the provisions of this article, or any rules or regulations, or any reasonable orders or directions of a Borough representative in reference thereto, the Borough may order the closure of the rental units until such conditions or orders are complied with.

§ 237-7 Violations and penalties.

Any person, firm or corporation who shall violate any provision of the article shall, upon conviction thereof, be sentenced to pay a fine of no more than $600, plus costs of prosecution, and, in default of payment of such fine and costs, to imprisonment for a term not to exceed 30 days. Every day that a violation of this article continues shall constitute a separate offense.

§ 237-8 Applicability.

The provisions of the article shall not apply to properties which are hotels or dormitories.

§ 237-9 Effect on other provisions.

This article shall not affect violations of any other ordinance, code or regulations existing prior to the effective date hereof, and any such violations shall be governed and shall continue to be punishable to the full extent of the law under the provisions of those ordinances, codes or regulations in effect at the time the violation was committed.

§ 237-10 Appeals.

Any person aggrieved by an order of the Borough for closure of a rental unit issued under this article may appeal each order, within 20 days from the date thereof, to the Council of the Borough of Moosic by filing any appeal and paying the Borough an appeal fee of $150.
[Adopted 12-14-2010 by Ord. No. 13-2010]

§ 237-11 Purpose.

This article is enacted to provide for the uniform and equitable distribution of the tax levies in the Borough of Moosic and upon the inhabitants thereof and to promote the health, safety, morals and general welfare of the inhabitants of the Borough of Moosic.

§ 237-12 Definitions.

As used in this article, the following terms shall have the meanings indicated, unless a different meaning clearly appears from the context:
DWELLING
One or more rooms used for living and sleeping purposes arranged for occupancy by one family or by one or more persons.
LANDLORD
A lessor, or person who acts as agent for the lessor, regarding any parcel of real estate located in the Borough of Moosic, leased or available for lease as a dwelling unit. Except for the purpose of this article, landlord shall not include any person owning and/or leasing less than ten dwelling units or parcels of real estate.
PERSON
Any individual, partnership, association, firm or corporation.
TENANT
A person who has the use, either by himself or with others, of a dwelling unit or a business unit owned by a person other than himself, for a period exceeding 30 days.

§ 237-13 Reports by landlords.

Within 30 days from the effective date of this article, each landlord shall submit to the Borough Manager a report on a form supplied by the Borough Secretary, which includes the following information:
A. 
List of the dwelling units owned by the landlord, located within the Borough of Moosic limits, whether occupied or not occupied;
B. 
Address of each dwelling unit;
C. 
Brief description of each dwelling unit;
D. 
Whether or not said dwelling unit is inhabited or utilized by tenants;
E. 
Names of the tenant or tenants utilizing the aforementioned dwelling unit, if any.

§ 237-14 Reports by persons upon becoming landlords.

After the effective date of this article, any person who becomes a landlord of any parcel of real estate or any improvement on real estate or building locating in the Borough of Moosic by agreement of sale, by deed, or by any other means, shall, within 30 days thereafter, report to the Borough Secretary the information and data set forth in § 237-13 above, and on forms to be provided by the Borough Secretary.

§ 237-15 Report of changes in use or occupancy.

After the effective date of this article, each and every landlord of residential dwelling units within the Borough of Moosic shall report to the Borough Secretary, on a report form to be supplied by the Borough Manager, any change in the use or occupancy of any dwelling unit owned by such landlord. The reported change shall include the name or names of new tenants of such dwelling unit, the date when such change was effected, and the forwarding address of the old tenant or tenants if known. A landlord of a hotel, inn or boarding house shall not be required to report a person as a tenant until that person has resided in such landlord's establishment for a period exceeding 30 days. All reports required by this section shall be made within 10 days after a landlord has knowledge that such a unit has had a change in occupancy.

§ 237-16 Duties of the Borough of Moosic Secretary.

The Borough Secretary has the authority of this article and shall:
A. 
Maintain on file at the Borough of Moosic office, the names of the landlords owning dwelling units in the Borough of Moosic, said list to include the names of the current tenants of said dwelling units;
B. 
Maintain a supply of forms for landlords to use in making reports to the Borough Secretary as required by §§ 237-14 and 237-15 of this article.

§ 237-17 Violations and penalties.

A person who shall violate any provision of this article shall, upon conviction thereof, be sentenced to pay a fine of not more than $600, and in default of payment, to imprisonment for a term not to exceed 30 days.

§ 237-18 Authority.

This article is enacted by the Council of the Borough of Moosic under the authority of the Act of Legislature, February 1, 1966, P.L. 191965, No. 581, Section 1005, as amended 1979, November 2, P.L. 458, No. 94, 53 P.S. Section 46005, et seq., known as the Borough Code and any other applicable law arising under the laws of the Commonwealth of Pennsylvania.