[Adopted 4-12-2011 by Ord. No. 4-2011]
A.Â
Purpose/scope/declaration of policy and findings. It is the purpose
of this article and the policy of the Council of the Borough of Verona,
in order to protect and promote the public health, safety and welfare
of its citizens, to establish rights and obligations of owners and
occupants relating to the rental of certain dwelling units in the
Borough of Verona and to encourage owners and occupants to maintain
and improve the quality of rental housing within the community. It
is also the policy of the Borough that owners, managers and occupants
share responsibilities to obey the various codes adopted to protect
and promote public health, safety and welfare. As means to those ends,
this article provides for a system of inspections; issuances and renewals
of occupancy licenses; and sets penalties for violations. This article
shall be liberally construed and applied to promote its purposes and
policies. In considering the adoption of this article, the Borough
of Verona makes the following findings:
(1)Â
There is a greater incidence of violations of various codes of the
Borough at residential properties where owners of rental property
do not reside in the Borough than at owner-occupied residential properties
or family-occupied residential rental properties.
(2)Â
There is a greater incidence of problems with the maintenance and
upkeep of residential properties where owners do not reside in the
Borough than at owner-occupied residential properties or family-occupied
residential rental properties.
(3)Â
There is a greater incidence of disturbances which adversely affect
the peace and quiet of the neighborhood at residential properties
where owners do not reside in the Borough than at owner-occupied residential
properties or family-occupied residential rental properties.
B.Â
BOROUGH
CODE
CODE ENFORCEMENT OFFICER
COMMON AREA
DISRUPTIVE CONDUCT
DISRUPTIVE CONDUCT REPORT
DWELLING
DWELLING UNIT
GUEST
LANDLORD
MANAGER
MULTIPLE-UNIT DWELLING
NON-OWNER-OCCUPIED DWELLING UNIT
OCCUPANCY LICENSE
OCCUPANT
OWNER
OWNER-OCCUPIED DWELLING UNIT
PERSON
POLICE
PREMISES
REGULATED RENTAL UNIT
RENTAL AGREEMENT
TENANT
Definitions. As used in this article, the following terms shall have
the meanings indicated:
Borough of Verona, Allegheny County, Pennsylvania.
Any code or ordinance adopted, enacted and/or in effect in
and for the Borough of Verona 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 article: Uniform Construction Code, International
Property Maintenance Code, BOCA Basic Building Code; BOCA Basic Property
Maintenance Code; BOCA Basic Fire Prevention Code; National Electrical
Code; Floodplain Management Ordinance; Weed and Vegetation Control
Ordinance; Sidewalk Maintenance and Ice Removal Ordinance; Solid Waste
and Recycling Ordinance; Zoning Ordinance; and any duly enacted amendment
or supplement to any of the above and any new enactment falling within
this definition.
The duly appointed Code Enforcement Officer(s) having charge
of the Office of Code Enforcement of the Borough of Verona, and any
assistants or deputies thereof.
In multiple-unit dwellings, space which is not part of a
regulated rental unit and which is shared with other occupants of
the dwelling whether they reside in regulated dwelling units or not.
Common areas shall be considered as part of the premises for purposes
of this article.
Any form of conduct, action, incident or behavior perpetrated,
caused or permitted by an occupant or visitor of a regulated dwelling
unit that is so loud, untimely (as to the hour of the day), offensive,
riotous, or that otherwise disturbs other persons of reasonable sensibility
in their peaceful enjoyment of their premises such that a report is
made to the police and/or to the Code Enforcement Officer complaining
of such conduct, action, incident or behavior. It is not necessary
that such conduct, action, incident or behavior constitutes a criminal
offense, or 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; provided, however, that
no disruptive conduct shall be deemed to have occurred unless the
Code Enforcement Officer or police shall investigate and make a determination
that such did occur, and keep written records, including a disruptive
conduct report, of such occurrence.
A written report of disruptive conduct on a form to be prescribed
therefor, to be completed by the Code Enforcement Officer or police,
as the case may be, who actually investigates an alleged incident
of disruptive conduct, and which shall be maintained by the Code Enforcement
Officer.
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.
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 under § 192-4B. 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 article and under rental agreements with occupants.
A building containing two or more independent dwelling units,
including, but not limited to, double houses, row houses, townhouses,
condominiums, apartment houses, and conversion apartments.
Any dwelling unit used and/or occupied by any individual(s)
in which the owner does not reside on a regular, permanent basis.
This includes but is not limited to dwelling units used or occupied
by children, siblings, ex or estranged spouses, or parents of the
owner. This also includes any and all individuals who use or occupy
the premises for the sole purposes of "maintaining" the dwelling unit.
This definition includes any and all individuals who use or occupy
such units and do not pay rent.
The license issued to the owner of regulated rental units
under this article 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 a regulated
rental unit.
A dwelling unit in which the owner resides on a regular,
permanent basis.
A natural person, partnership, corporation, unincorporated
association, limited partnership, trust or any other entity.
The Police Department of the Borough of Verona or any properly
authorized member or officer thereof or any other law enforcement
agency having jurisdiction within the Borough of Verona.
Any parcel or real property in the Borough, including the
land and all buildings and appurtenant structures or appurtenant elements,
upon which one or more regulated rental units is located.
A dwelling unit occupied by any person under a rental agreement
or any non-owner-occupied dwelling unit.
Any agreement, written or oral, between owner/landlord and
occupant/tenant, providing for the payment of rent or other compensation
for the use, enjoyment and/or occupancy of any dwelling unit, regulated
rental unit, or premises.
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.")
A.Â
General.
(1)Â
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)Â
As provided for in this article, every owner shall be responsible
for regulating the proper and lawful use and maintenance of every
dwelling unit which he, she or it owns. As provided for in this article,
every owner shall also be responsible for regulating the conduct and
activities of the occupants of every regulated rental unit which he,
she or it owns in the Borough, which conduct or activity takes place
at such regulated rental unit or its premises.
(3)Â
In order to achieve those ends, every owner of a regular rental unit
shall regulate the conduct and activity of the occupants thereof,
both contractually and through enforcement, as more fully set forth
below.
(4)Â
This section shall not be construed as diminishing or relieving,
in any way, the responsibility of 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)Â
This article is not intended, nor shall its effect be, to limit any
other enforcement remedies which may be available to the Borough against
an owner, occupant or guest thereof.
B.Â
Designation of manager. Every owner who is not a full-time resident
of the Borough of Verona, or a resident elsewhere within 15 miles
from the Verona Municipal Building, shall designate a manager who
shall reside within 15 miles of the Borough of Verona. If the owner
is a corporation, a manager shall be required if any officer of the
corporation does not reside within the aforesaid distance. 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
distance. 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 notices and demands as well as for performing the obligations
of the owner under this article 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 owner or manager to the
Borough, and such information shall be kept current and updated as
it changes.
D.Â
Maintenance of premises.
(1)Â
The owner shall maintain the premises in compliance with the applicable
codes of the Borough and shall regularly perform all routine maintenance,
including lawn mowing and ice and snow removal, and shall promptly
make any and all repairs necessary to fulfill this obligation.
(2)Â
The owner and occupant may agree that the occupant is to perform
specified repairs, maintenance tasks, alterations or remodeling. In
such case, however, such agreement between the owner and occupant
must be in writing. Such an agreement may be entered into between
the owner and occupant only if:
(3)Â
In no case shall the existence of any agreement between owner and
occupant relieve any owner of any responsibility under this article
or other ordinances or codes for maintenance of premises.
E.Â
Written rental agreement.
(1)Â
All rental agreements for regulated dwelling units shall be in writing
and shall be supplemented with the addendum attached hereto as Appendix
A.[1] No oral leases and no oral modifications thereof are permitted.
All disclosures 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. Owner is responsible for providing copies
of the addendum to users of all non-owner-occupied premises, who are
regulated under this article. Owner shall further secure a written
acknowledgement from the occupants that they have received the disclosures
and information required by this article.
[1]
Editor's Note: Appendix A is on file in the Borough offices.
(2)Â
Terms and conditions. Owner and occupant may include in a rental
agreement any terms and conditions not prohibited by this article
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)Â
Prohibited provisions. Except as otherwise provided by this article,
no rental agreement may provide that the occupant or owner agrees
to waive or to forego rights or remedies under this article. A provision
prohibited by this subsection included in a rental agreement shall
be unenforceable.
(4)Â
Attachment of ordinance to rental agreement. Following the effective
date of this article, a summary hereof in a form 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 summary has
been provided when the rental agreement was first executed, a summary
does not have to be provided upon renewal. Where a rental agreement
has been entered into prior to the effective date of this article,
the owner shall provide the occupants with a copy of the summary within
60 days after enactment of this article.
(5)Â
Upon oral or written request by the police or Code Enforcement Officer,
the owner shall, within 10 days of such request, furnish to the Borough
copies of an acknowledgement that the occupants have received the
disclosures and information required to be given and acknowledged
as required by this article.
(6)Â
Upon oral or written request by the police or Code Enforcement Officer,
the owner shall, within 10 days of such request, furnish to the Borough
for inspection purposes copies of the leases the owner has entered
into for regulated rental units.
F.Â
Complaints. The owner shall reply promptly to reasonable complaints
and inquiries from occupants.
H.Â
Common areas. Where an owner does not regulate the use of 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.
I.Â
Enforcement.
(1)Â
Within 10 days after receipt of written notice from the Code Enforcement
Officer that an occupant of a regulated rental unit has violated a
provision of this article, the owner shall take immediate steps to
remedy the violation and take steps to assure that there is not a
reoccurrence of the violation.
(2)Â
Within 20 days after receipt of a notice of violation, the owner
shall file with the Code Enforcement Officer a report, on a form provided
by the Borough, setting forth what action the owner has taken to remedy
the violation and what steps he or she has taken to prevent a reoccurrence
of the violation. The report shall also set forth a plan as to steps
the owner will take in the future if the violation recurs.
(3)Â
The Code Enforcement Officer shall review the report and, if adequate
steps have been taken and the plan is adequate to address the future
violations, shall approve the plan. The owner shall, on his or her
initiative, enforce the plan, and failure to do so shall be a violation
of this article.
(4)Â
In the event that a second violation occurs within a license year
involving the same occupant or occupants, the Code Enforcement Officer
may direct the owner to evict the occupants who violated this article
and to not permit the occupant to occupy the premises during the subsequent
licensing period.
(5)Â
If an occupant has been evicted from a regulated unit pursuant this
article, he or she shall not be eligible to rent any other regulated
unit within the Borough of Verona.
J.Â
Code violations. Upon receiving notice of any code violation from
the Code Enforcement Officer, the owner shall promptly take action,
or cause the necessary action to be taken, to abate the offending
condition and eliminate the violation.
K.Â
Borough can make repairs. In case the owner of premises shall neglect,
fail or refuse to comply with any notice from the Borough or its Code
Enforcement Officer to correct a violation relating to maintenance
and repair of the premises under any code within the period of time
stated in such notice, the Borough may cause the violation to be corrected.
There shall be imposed upon the owner a charge of the actual costs
involved, plus 10% of said costs, for each time the Borough shall
cause a violation to be corrected; and the owner of the premises shall
be billed after the same has been completed. Any such bill which remains
unpaid and outstanding after the time specified therein for payment
shall be grounds for the imposition of a municipal lien upon the premises
as provided by law. Such a lien may be reduced to a judgment and enforced
and collected as provided by law, together with interest at the legal
rate and court costs. The remedies provided by this subsection are
not exclusive and the Borough and its Code Enforcement Officer may
invoke such other remedies available under this article or other applicable
codes, ordinances or statutes, including, where appropriate, condemnation
proceedings or declaration of the premises as unfit for habitation,
or suspension, revocation or nonrenewal of the license issued hereunder.
L.Â
The owner shall permit inspections of any premises by the Code Enforcement
Officer at reasonable times upon reasonable notice.
A.Â
General. The occupant shall comply with all obligations imposed upon
occupants by this article, all applicable codes and ordinances of
the Borough, and all applicable provisions of state law.
B.Â
Health and safety regulations.
(1)Â
The maximum number of persons permitted in any regulated rental unit
at any time shall not exceed one person for each 50 square feet of
habitable floor space in said regulated rental unit. The maximum number
of persons permitted in the common area of any multiunit dwelling
at any time shall not exceed one person for each 15 square feet of
common area on the premises.
C.Â
Peaceful enjoyment. The occupant shall conduct himself or herself
and require the 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.Â
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.Â
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.Â
Disruptive conduct.
(1)Â
The occupant shall not engage in nor tolerate nor permit others on
the premises to engage in disruptive conduct or other violations of
the article.
(2)Â
When police or the Code Enforcement Officer investigate an alleged
incident of disruptive conduct, he or she shall complete a disruptive
conduct report upon a finding that the reported incident did, in his
or her 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 Code Enforcement
Officer within seven working days. In all cases, the Code Enforcement
Officer shall mail a copy of the disruptive conduct report to the
owner or manager within 10 working days of the occurrence of the alleged
disruptive conduct, whether the person making the investigation on
behalf of the Borough is the Code Enforcement Officer or police.
G.Â
Compliance with rental agreement. The occupant shall comply with
all lawful provisions of the rental agreement entered into between
owner and occupant. Failure to comply may result in the eviction of
the occupant by the owner.
H.Â
Damage to premises. The occupant shall not intentionally cause nor
permit nor tolerate others to cause damage to the premises. Conduct
which results in damages in excess of $500 shall be considered a violation
of this article.
I.Â
Inspection of premises. The occupant shall permit inspections by
the Code Enforcement Officer of the premises at reasonable times,
upon reasonable notice.
A.Â
License requirement.
(1)Â
As a prerequisite to entering into a rental agreement or permitting the occupancy of any regulated rental unit [except as provided in Subsection A(3) below], the owner of every such regulated rental unit shall be required to apply for and obtain a license for each regulated rental unit.
(2)Â
A license shall be required for all regulated rental units.
(4)Â
The application for the license shall be in a form as determined
by the Borough.
(5)Â
The owner shall maintain a current list of occupants in each regulated
dwelling unit, which shall include their name, permanent address and
permanent telephone number. The owner shall furnish the list to the
Borough upon request and shall notify the Borough of any changes in
the number of occupants so that revisions can be made to the license.
(6)Â
The owner shall furnish with his or her application for license a copy of the written lease which the owner intends to have the occupants of each licensed dwelling execute. If the owner uses more than one form of lease, the owner shall furnish a copy of each form. The license will not be issued if the lease form does not meet the requirements of § 192-4E of this article.
(7)Â
The owner shall furnish with his or her application, for inspection
purposes only, the leases that have been entered into that will cover
all or part of the license term. The license will not be issued if
such leases are not furnished for inspection. Leases shall be furnished
for all persons who have paid a deposit at the time the owner applies
for a license or who have committed to residing in the premises.
B.Â
Annual license term, fee and occupancy limit.
(1)Â
Each license shall have an annual term running from January 1 through
December 31 each year.
(2)Â
Upon application for a license and prior to the issuance or renewal
thereof, each applicant shall pay to the Borough an annual license
and inspection fee, in an amount to be established from time to time
by resolution of Borough Council. Such resolution may provide for
more than one fee scale for different categories of premises, to be
more specifically set forth in the resolution.
(3)Â
The license shall indicate thereon the maximum number of occupants
in each regulated rental unit.
(4)Â
No license shall be issued if the owner has not paid any fines and
costs arising from enforcement of this article or any of the ordinances
of the Borough or relating to land use and/or code enforcement or
if any licensing fees under this article are due and owing to the
Borough.
C.Â
Inspection.
(1)Â
All premises shall be subject to, at a minimum, annual periodic inspections
by the Code Enforcement Officer or another duly authorized agent of
the Borough. Such inspection may take place when an application is
submitted for a license or at any time during the year.
(2)Â
The Code Enforcement Officer is hereby designated as the official
authorized to enforce this article and to take appropriate measures
to abate violations herein for and on behalf of the Borough of Verona.
The police will also have the authority to enforce this article and
take appropriate action to abate violations.
(3)Â
This section shall not be construed so as to limit or restrict the
Code Enforcement Officer's authority to conduct inspections of
premises, whether or not subject to the permitting and inspection
requirements of this article or pursuant to any other ordinance or
code.
D.Â
Search warrant. Upon a showing of probable cause that a violation
of this article or any other ordinance of the Borough of Verona has
occurred, the Code Enforcement Officer may apply to the Magisterial
District Judge having jurisdiction in the Borough of Verona for a
search warrant to enter and inspect the premises.
A.Â
General. The Code Enforcement Officer may initiate disciplinary action
against an owner, that may result in a formal warning, nonrenewal,
suspension or revocation of the owner's license, for violating
any provision of this article that imposes a duty upon the owner and/or
for failing to regulate the breach of duties by occupants as provided
herein.
B.Â
FORMAL WARNING
NONRENEWAL
REVOCATION
SUSPENSION
Definitions of options. As used in this article, the following terms
shall have the meanings indicated:
Formal written notification of at least one violation of
this article. Upon satisfactory compliance with this article and any
conditions imposed by the Code Enforcement Officer and/or Borough
Council, the formal warning shall be removed when the owner applies
for license renewal at a time set by the Code Enforcement Officer
or by Borough Council.
The denial of the privilege to apply for license renewal
after expiration of the license term. The Borough will permit the
owner to maintain occupants in the premises until the end of the license
term but will not accept applications for renewal of the license until
a time set by the Code Enforcement Officer or by Borough Council.
The immediate loss of the privilege to rent regulated rental
units for a period of time set by the Code Enforcement Officer or
Borough Council and the loss of the privilege to apply for renewal
of the license at the expiration of the time period. Upon the loss
of the privilege to rent, the owner shall take immediate steps to
evict the occupants.
The immediate loss of the privilege to rent regulated rental
units for a period of time set by the Code Enforcement Officer or
Borough Council. The owner, after the expiration of the suspension
period, may apply for license renewal without the need to show cause
why the owner's privilege to apply for a license should be reinstated.
Upon suspension, the owner shall take immediate steps to evict the
occupant.
C.Â
Criteria for applying discipline. The Code Enforcement Officer, when
recommending discipline, and Borough Council, when applying discipline,
shall consider the following:
(1)Â
The effect of the violation on the health, safety and welfare of
the occupants of the regulated rental unit and other residents of
the premises.
(2)Â
The effect of the violation on the neighborhood.
(3)Â
Whether the owner has prior violations of this article and other
ordinances of the Borough or has received notices of violations as
provided for in this article.
(4)Â
Whether the owner has been subject to disciplinary proceedings under
this article.
(5)Â
The effect of disciplinary action on the occupants.
(6)Â
The action taken by the owner to remedy the violation and to prevent
future violations, including any written plan submitted by the owner.
(7)Â
The policies and lease language employed by the owner to manage the
regulated dwelling unit to enable the owner to comply with the provisions
of this article.
(8)Â
In addition to applying discipline as set forth above, the Code Enforcement
Officer may recommend and Borough Council may impose upon the existing
or subsequent licenses reasonable conditions to fulfilling the purposes
of this article.
D.Â
Grounds for imposing discipline. Any of the following may subject
an owner to discipline as provided for in this section.
(1)Â
Failure to abate a violation of Borough codes and ordinances that
apply to the premises within the time directed by the Code Enforcement
Officer.
(2)Â
Refusal to permit the inspection of the premises by the Code Enforcement Officer as required by § 192-6C of this article.
(3)Â
Failure to take steps to remedy and prevent violations of this article by occupants of regulated rental units as required by § 192-4I of this article.
(4)Â
Failure to file and implement an approved plan to remedy and prevent violations of this article by occupants of a regulated rental unit as required by § 192-4I of this article.
(5)Â
Failure to evict occupants after having been directed to do so by the Code Enforcement Officer of the Borough as provided for in § 192-4I of this article.
(6)Â
Three violations of this article or other ordinances of the Borough
that apply to the premises within a license term. For purposes of
this article, there need be no criminal conviction before a violation
can be found to exist. Before a prior violation can be considered
under this section, the owner must have received notice in writing
of this violation within 30 days after the Code Enforcement Officer
received notice of the violation.
E.Â
Procedure for nonrenewal, suspension or revocation of license.
(1)Â
Notification. Following a determination that grounds for nonrenewal,
suspension or revocation of a license exist, the Code Enforcement
Officer shall notify the owner of the action to be taken and the reason
therefor. Such notification shall be in writing, addressed to the
owner in question, and shall contain the following information:
(a)Â
The address of the premises in question and identification of
the particular regulated rental unit(s) affected.
(b)Â
A description of the violation which has been found to exist.
(c)Â
A notice that the regulated rental unit(s) is in violation of
this article, with a specification of the grounds of the violation.
Such violations must be cured within 30 days from the date of the
notice.
(d)Â
Notice that each day the violation remains shall be a separate violation and punishable under § 192-8. The Borough shall further have the right to enjoin the obligations and duties created under this article.
(e)Â
A statement informing the owner that he, she or it has a right
to appeal the decision that the owner is in violation of this article
by submitting in writing to the Borough Secretary/Manager, within
30 days from the date printed on the notice, a detailed statement
of the appeal, including the grounds therefor and the reason(s) alleged
as to why the determination of the Code Enforcement Officer is incorrect
or should be overturned, and a statement of the relief requested by
the appellant. Such notice of appeal may be required to be submitted
on a form to be prescribed therefor by Borough Council, to be signed
by the appellant. There is hereby imposed a fee for filing of such
appeals, the amount of which shall be determined and established from
time to time by resolution of Borough Council.
(f)Â
Upon receipt of such an appeal in proper form, accompanied with
the requisite filing fee, the Borough Secretary shall schedule a hearing
to be held at the time and date of the next regularly scheduled Borough
Council meeting not less than 10 days from the date on which the appeal
is filed.
(g)Â
The appellant and the Code Enforcement Officer shall receive
written notice of the hearing on the appeal.
(h)Â
Borough Council shall hold a hearing on the appeal which shall
be conducted in accordance with the Local Agency Law, 2 Pa.C.S.A.
§§ 551 to 555. The appellant and all other parties
having an interest may be heard. Based on the facts and arguments
of the appellant and of the Code Enforcement Officer and any police
or other public officials involved, and any relevant factual presentations
of other parties, Borough Council shall make a decision either affirming,
reversing or modifying the action of the Code Enforcement Officer
from which the appeal was taken. Such decision shall be rendered at
a public meeting either immediately following the hearing or within
30 days thereafter. The decisions shall be reduced to writing, stating
clearly the factual and legal basis for the decision, within 45 days
after the hearing. If Borough Council deems it necessary or desirable,
it may continue the hearing to a subsequent time and date not later
than 30 days from the initial hearing, which time and date shall be
openly announced at the initial hearing, and in such case, the time
limits for rendering the decision and reducing it to writing set forth
herein shall be calculated from the last hearing date (at which the
substance of the decision is orally announced).
(2)Â
Delivery of notification.
(a)Â
All notices shall be sent to the owner or manager, if applicable,
by certified mail. In the event that the notice is returned by the
postal authorities marked "unclaimed" or "refused," then the Code
Enforcement Officer shall attempt delivery by personal service on
the owner or manager, if applicable. The Code Enforcement Officer
shall also post the notice at a conspicuous place on the premises.
(b)Â
If personal service cannot be accomplished after a reasonable attempt to do so, then the notice may be sent to the owner or manager at an address stated on the most current license application for the premises in questions by regular first-class mail, postage prepaid. If such notice is not returned by the postal authorities within five days of its deposit in the U.S. Mail, then it shall be deemed to have been delivered to and received by the addressee on the fifth day following its deposit in the U.S. Mail, and all time periods set forth under Subsection E(1) above shall thereupon be calculated from said fifth day.
A.Â
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 article.
It shall be unlawful for any occupant to violate this article.
B.Â
Penalties. Any violation of this article shall constitute a summary
offense punishable, upon conviction thereof by a Magisterial District
Judge, by a fine not to exceed $600 plus costs of prosecution or,
in default of payment of such fines and costs, by a term of imprisonment
not to exceed 30 days. Each day of violation shall constitute a separate
and distinct offense.
C.Â
Nonexclusive remedies. The penalty provisions of this article and
the license nonrenewal, suspensions and revocation procedures provided
in this article 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 article.
The remedies and procedures in this article 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 article and whether or not
an ongoing violation of such other code or ordinance is cited as the
underlying grounds for a finding of a violation of this article.
D.Â
In addition to any other penalty that may be imposed as a result
of a violation of any Borough ordinance or code enacted in the Borough
of Verona, the Borough hereby authorizes its Solicitor and/or Code
Enforcement Officer or other designated person to initiate an action
in the Court of Common Pleas of Allegheny County or other court of
competent jurisdiction, in law or in equity, for all relief, including
but not limited to injunctive or other special or emergency relief,
to enjoin any violation of any ordinance or code of the Borough of
Verona, and to receive, as part of such relief, an award of reasonable
attorneys' fees and costs associated with such action and with
the enforcement of said ordinance or code. Nothing contained herein
shall be deemed to prevent or preclude the Borough from seeking any
other relief available or to avail itself of any remedy that may be
at law or in equity to prevent continuing violations of Borough ordinances
or codes. Upon a finding of guilt or liability or lack of compliance
to Borough ordinances and/or codes, all costs associated with the
prosecution or enforcement of a violation shall be borne and paid
by the owner and/or residents of the property subject to the violation.
[Added 4-10-2012 by Ord.
No. 5-2012]
E.Â
Any owner or agent who fails to renew an expired regulated rental
license or any other required license or who fails to obtain a required
permit, such as an occupancy permit or building permit, shall, in
addition to any other penalty set forth in any applicable Borough
ordinance or code, be subject to a fee of $35 for the first unit and
$10 for each subsequent unit, or such other fee as may be established
from time to time by resolution of the Borough of Verona, for each
and every ten-day period or part thereof during which there is an
expired permit or license, or a permit or license required that has
not been obtained that continues, subject to regulation under this
or any other Borough ordinance or code.
[Added 4-10-2012 by Ord.
No. 5-2012]
A.Â
Notices.
(1)Â
For purposes of this article, any notice required hereunder to be
given to a manager shall be deemed as notice given to the owner.
(2)Â
There shall be a rebuttable presumption that any notice required
to be given to the owner under this article shall have been received
by such owner if the notice was given to the owner in the manner provided
by this article.
(3)Â
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 article.
B.Â
Changes in ownership, occupancy. It shall be the duty of each owner
of a regulated dwelling unit to notify the Code Enforcement Officer
in writing of any change in ownership of the premises or of the number
of regulated rental units on the premises. It shall also be the duty
of the owner to notify the Code Enforcement Officer 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 purposes of this article.
C.Â
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 article and shall be
severally subject to prosecution for the violation of this article.